• December 04, 2023

    Amazon Settles Latina Ex-Worker's Wrongful Firing Suit

    Online retail giant Amazon struck a deal to end a race and sex bias suit from a former employee who said she was fired due to her Colombian heritage and for speaking out about discrimination and safety concerns, according to a filing in Seattle federal court.

  • December 04, 2023

    Catching Up With Delaware's Chancery Court

    Blockchain gaming, lithium-battery production, nutrition supplements and Activision's $68.7 billion sale to Microsoft — nothing is too big or complicated for Delaware's Chancery Court to put on its agenda. The year is winding down, but things haven't slowed in the nation's top court of equity. Check here for all the latest news from the Chancery Court.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    9th Circ. Won't Kill 'Chicken-And-Egg' Green Card Process

    The Ninth Circuit ruled Friday that the federal government has wide latitude to consider the availability of employment-based visas before approving green card applications, rejecting an argument from Indian nationals that doing so conflicts with U.S. immigration law.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    Up Next At High Court: Purdue Pharma, Taxes & Job Transfers

    The U.S. Supreme Court returns Monday for the last argument session of the calendar year to consider whether bankruptcy courts have the authority to sign off on third-party liability releases in Chapter 11 plans, whether Congress can tax unrealized foreign gains, and which standard should be used to determine the viability of employment discrimination claims.

  • December 01, 2023

    Pac-12 Ruling Could Have 'Absurd Results,' U. Of Wash. Says

    The University of Washington said a state trial court decision that booted 10 departing schools off the Pacific 12 Conference board misread conference rules and could lead to "absurd results," including a conference with no members.

  • December 01, 2023

    A Mountain To Climb: The Inaccessibility Of Rural Courts

    Unlike the shortage of attorneys available to represent clients in rural areas, experts say there are an adequate number of courthouses to serve people living in remote areas of the country. It's getting to them that's the problem.

  • December 01, 2023

    Judge Balks At 'Sheer Number' Of Exhibits In Seattle Vax Suit

    A Washington federal judge expressed mild concern Friday about the "sheer number" of exhibits attached to a group of firefighters' discrimination lawsuit against the city of Seattle over its COVID-19 vaccine mandate, doubtful that the court would even be able to consider the contents of the 1,130 pages while weighing the plaintiffs' claims.   

  • December 01, 2023

    Sodexo Asks 9th Circ. To Force Arbitration In ERISA Suit

    Sodexo urged the Ninth Circuit to force a worker to arbitrate his claims alleging the food services company unlawfully required workers who use nicotine products to pay $1,200 more per year for health insurance, saying it doesn't matter that he didn't consent to the insurance plan's arbitration provision.

  • December 01, 2023

    Kona Coffee Farmers' Attys Get $3.7M Fees From Settlements

    Lawyers representing a class of Hawaiian coffee farmers will get $3.7 million from a settlement fund with major grocery stores and other retailers who allegedly sold knockoff Kona coffee, a federal judge in Washington ruled, calling the attorney fee request fair.

  • December 01, 2023

    3 December Argument Sessions Benefits Attys Should Watch

    Physicians' groups will ask the Sixth Circuit to reinstate their suit claiming the federal government is illegally forcing them to provide gender transition-related care, while American Airlines pilots will try to get their military leave class action back on track at the Third Circuit. Here, Law360 looks at three appellate argument sessions that should be on benefits attorneys' radar in December.

  • December 01, 2023

    4 Decisions For Which Justice O'Connor Will Be Remembered

    Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.

  • December 01, 2023

    Justice O'Connor Shattered Barriers, Built Bridges

    A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.

  • November 28, 2023

    Justices Urged To Wade Into Emergency Abortion Care Fight

    Anti-abortion groups and states have told the U.S. Supreme Court to reinstate an Idaho law criminalizing abortions in most circumstances while the federal government's challenge to the prohibition proceeds, arguing that the Biden administration has attempted an "end run" around the high court's decision overturning Roe v. Wade.

  • December 01, 2023

    Sandra Day O'Connor, First Woman On Supreme Court, Dies

    Retired U.S. Supreme Court Justice Sandra Day O'Connor, the court's first female member, died Friday at 93, according to the court. Justice O'Connor's position at the ideological center of the court gave her outsized influence in controversial cases during her 25-year tenure.

  • November 30, 2023

    Wash. Judge Tosses Brokerage's Text Blast Coverage Row

    A Washington federal judge dismissed an insurer's dispute over coverage of an underlying suit alleging that a real estate brokerage violated state consumer protection laws by sending unsolicited promotional text messages, after finding that the intervention of the brokerage's parent company, Century 21 Real Estate, "destroys" diversity jurisdiction.

  • November 30, 2023

    Clinics Sue To Block Wash. AG 'Abortion Pill Reversal' Probe

    A pair of anti-abortion centers sued the Washington attorney general in federal court Thursday over "unreasonable" information requests stemming from a probe of their promotion of what they claim is a process to reverse medication abortions, arguing the investigation is based on political "animus" and violates their free speech rights.

  • November 30, 2023

    Satanic Temple's Defamation Claim Gets Second Chance

    A Ninth Circuit panel on Thursday gave the Satanic Temple another shot at alleging former members' online posts were defamatory but said the temple had to be more specific about what statements were at issue so a trial court could decide if they are centered on religious principles.

  • November 30, 2023

    9th Circ. Says No Opt-Out Fees In County's OT Math

    A California county didn't need to include opt-out health insurance fees in firefighters' overtime calculations because those amounts were not part of their regular rate of pay under federal law, the Ninth Circuit ruled Thursday, affirming a district court's decision.

  • November 30, 2023

    Stockholders Tell Del. Chancellor $69B Activision Deal Void

    Attorneys for Activision Blizzard shareholders told Delaware's chancellor Thursday that the company's now-closed, $68.7 billion sale to Microsoft should be deemed void by the court, based on multiple board and company breaches of merger-and-acquisition mandates for state-chartered corporations.

  • November 30, 2023

    Wash. High Court Asked To Weigh In On Spam Ban

    A Seattle federal judge has paused a proposed class action accusing Old Navy of flooding consumers' inboxes with misleading spam, asking the Washington State Supreme Court for clarity on the scope of a law prohibiting false statements in commercial emails.

  • November 30, 2023

    Christian Radio Stations Battle Over 'Shine' Trademark

    An Illinois Christian college in a new complaint has accused a Washington-based Christian nonprofit of infringing its "Shine" trademark to launch a rival radio station, asking a Washington federal court to block the unauthorized use of its mark.

  • November 30, 2023

    Republican AGs Assail Abortion Coverage Law At 9th Circ.

    Almost two dozen red states and various religious freedom groups told the Ninth Circuit that a lower court ruling in favor of a Washington law requiring employee health plans to cover abortion services tramples over religious rights.

  • November 29, 2023

    Blue Cross Seeks To Avoid Claims Do-Over In Trans Care Suit

    Class members denied coverage by Blue Cross Blue Shield of Illinois for gender dysphoria treatments told a Washington federal judge at a hearing Wednesday that they deserve to have their claims reprocessed, with the judge who already ruled there was discrimination asking Blue Cross why it would be inappropriate for him to find they are entitled to benefits.

Expert Analysis

  • 9th Circ. Ruling May Expand Short-Swing Profit Exemption

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    The Ninth Circuit’s recent dismissal of a shareholder derivative suit in Roth v. Foris Ventures LLC provides boards of directors with greater latitude to approve certain securities transactions under the the Securities Exchange Act’s Section 16(b) short-swing profits rule, say John Stigi and John Mysliwiec at Sheppard Mullin.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • When Courts Engage In Fact-Finding At The Pleading Stage

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    It remains to be seen whether the Ninth Circuit's pleading-stage factual determination in a securities class action against Nvidia was sui generis or part of a trend, but the court has created a template for district courts to follow, says Jared Kopel at Alto Litigation.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • How Legal Teams Can Prep For Life Sciences' Tech Revolution

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    The life sciences and health care industries are uniquely positioned to take advantage of new efficiencies created by cloud computing and generative artificial intelligence, but the sensitivity of their data also demands careful navigation of an expanding legislative and regulatory landscape, say Kristi Gedid, Zack Laplante and Lisa LaMotta at Ernst & Young.

  • Harvard's Broker Fight Shows Active Risk Management Is Key

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    Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

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