• April 25, 2024

    Real Estate Owner Indicted On $4.8M Tax Evasion Charges

    A commercial real estate owner used a series of limited liability companies to hide $4.8 million in income from the Internal Revenue Service, according to an indictment in Washington federal court on tax evasion charges.

  • April 24, 2024

    High Court's Gender Divide Palpable At Latest Abortion Args

    As the U.S. Supreme Court pondered permissible limits on abortion in medical emergencies, justices Wednesday split discernibly along ideological lines yet unmistakably along gender lines, with liberal and conservative women questioning restrictions far more forcefully than their male colleagues.

  • April 24, 2024

    Construction Supplier Threatened Us, Distribution Execs Say

    Current and former executives for construction distribution companies told a Denver jury Wednesday they believed a Berkshire Hathaway-owned construction supply company pressured them not to do business with a smaller rival, with one witness saying he initially stuck with the Berkshire supplier because it didn't seem like an "idle threat."

  • April 24, 2024

    Wash. AG Wants RFK Jr., Ex-NBA Star's Anti-Vax Suit Tossed

    Washington's attorney general urged a federal judge Tuesday to toss a lawsuit brought by Robert F. Kennedy Jr. on behalf of NBA legend John Stockton trying to shield doctors who make anti-vaccine statements, arguing a state medical board has the right to penalize medical providers for spreading COVID-19 misinformation.

  • April 24, 2024

    3 Takeaways On How AI Is Forcing Publicity Rights To Evolve

    As digital replicas of someone's voice, image or likeness become easier to create with the help of artificial intelligence, this new era of deepfakes is shining a spotlight on the nation's patchwork of right-of-publicity laws and raising questions over when Congress may act to pass a national framework.  

  • April 24, 2024

    Judge Suggests Amazon Never Denied Late-Delivery Refund

    A Washington federal judge seemed to signal Wednesday that a putative class action accusing Amazon of not delivering a package as quickly as promised might get dismissed, noting the plaintiff did not actually get denied a refund because he never requested one. 

  • April 24, 2024

    9th Circ. Says NLRB Can Enforce Starbucks Bargaining Order

    The Ninth Circuit said Wednesday that Starbucks must recognize its Seattle roastery workers' April 2022 vote to unionize, overruling the coffee giant's contention that ballots should have been cast in person and concluding a National Labor Relations Board manager had discretion to call the mail-in election because of COVID-19 case counts at the time.

  • April 24, 2024

    Wash. Property Manager Sued Over Lease Cancellation Fees

    A proposed class of tenants accused a Seattle property management company and a Washington debt collection agency in state court of using lease cancellation practices that violate state law.

  • April 24, 2024

    Kaiser Wins $6.7M Real Estate Tax Refund Linked To Nonprofit

    A split Washington appeals panel said that the Kaiser Foundation Health Plan of Washington was entitled to a $6.7 million real estate excise tax refund levied after its acquisition of the nonprofit Group Health Cooperative, reversing a trial court.

  • April 24, 2024

    Binance Founder Should Get 3 Years, Not Probation, Feds Say

    Federal prosecutors asked a Washington federal judge to sentence Binance founder Changpeng Zhao to three years over his failure to implement an effective anti-money laundering program at his crypto exchange, but the founder said jail time isn't necessary since he's already paid "massive" fines and comparable cases haven't resulted in prison sentences.

  • April 24, 2024

    9th Circ. Backs Limits On Montana Wolf Trapping

    A split Ninth Circuit panel on Tuesday largely affirmed a lower court's order limiting wolf trapping and snaring in Montana over concerns it could impact grizzly bears, but directed the court to reconsider its "overbroad" geographic scope and limitations on state officials' research.

  • April 23, 2024

    Monsanto Judge Slashes $857M PCB Jury Verdict

    A Washington state judge slashed a nearly $860 million PCB poisoning verdict against Monsanto by roughly half on Tuesday, while the company sought to avoid future losses by moving to sever an upcoming 14-plaintiff trial in another toxic tort stemming from the same Evergreen State school site.

  • April 23, 2024

    AGs Urged To Probe Anti-Abortion Centers' Privacy Claims

    A watchdog group on Tuesday pressed the attorneys general from Idaho, Minnesota, New Jersey, Pennsylvania and Washington to investigate certain "crisis pregnancy centers" that are allegedly misrepresenting their compliance with federal health privacy law, arguing that the organizations are exploiting consumers' misconception that the statute broadly protects their medical data. 

  • April 23, 2024

    BNSF Lowballing Oil Train Trespass Payout, Tribe Says

    A Washington tribe said Monday that BNSF Railway Co. raked in $500 million for shipping crude oil across its reservation for nearly a decade, calling the railroad's calculation that it should pay less than $175,000 for the illegal trespass an affront to the tribe's sovereign and treaty rights.

  • April 23, 2024

    CoStar Rival Is Asking To Free Ride, 9th Circ. Told

    CoStar urged the Ninth Circuit not to revive antitrust counterclaims from Commercial Real Estate Exchange Inc., despite backing from the Federal Trade Commission, arguing the rival is trying to use antitrust law to get free access to its platforms.

  • April 23, 2024

    Justices Probe NLRB's Burden In Starbucks' Injunction Appeal

    The U.S. Supreme Court appears likely to hold that the courts' traditional factors apply when the National Labor Relations Board pursues injunctions, though it's unclear from Tuesday's argument how closely it will direct courts to examine a key factor: the strength of the board's case.

  • April 23, 2024

    Wash. Urges Federal Court To Set Bad Faith Test For IP Cases

    A Washington federal judge should apply a standard analyzing patterns of harassment when determining whether the owner of a data processing network patent acted in bad faith by issuing nearly 2,000 uniform demand letters alleging infringement, the state attorney general's office has argued.

  • April 23, 2024

    Blue States Leap To Defend EPA Vehicle Emissions Rule

    California and 21 other blue states, along with a smattering of cities and the District of Columbia, have told the D.C. Circuit that they want to help the U.S. Environmental Protection Agency defend its rule requiring reductions in greenhouse gas emissions from cars, trucks and vans from legal attack by red states.

  • April 23, 2024

    9th Circ. Won't Reinstate Pilot After High-Flying Pot Deliveries

    The Ninth Circuit won't undo the Federal Aviation Administration's decision to revoke the pilot certificate of a pilot who transported cannabis within the state of Alaska, saying the state's legalization of cannabis doesn't block the FAA's rules and regulations.

  • April 22, 2024

    T-Mobile Can't Dodge Stolen Nude Photos Suit

    T-Mobile can't dodge most of a suit seeking to hold the mobile behemoth liable for allegations that one of its employees stole nude photos from a customer's phone, which she turned in as part of a trade-in offer, a Washington federal court has ruled.

  • April 22, 2024

    Seattle Property Owners Can't Use COVID To Stop $160M Tax

    A Washington appeals court said on Monday that Seattle can keep a $160 million property tax to pay for waterfront improvements, in an opinion that rejected an argument that diminished property values after COVID-19 should force the city to recalculate the tax.

  • April 22, 2024

    9th Circ. Backs Class Cert. In Pet Supplement False Ad Suit

    The Ninth Circuit on Monday upheld certification of a consumer class accusing health supplement company Nutramax of falsely marketing Cosequin as promoting healthy joints in dogs, saying an economics expert could use a generic and "otherwise reliable" damages model without applying it specifically to the class at this stage.

  • April 22, 2024

    Kroger, Albertsons Expand Divestiture Plan

    Supermarket giants Kroger and Albertsons are willing to let go of an extra 166 stores in the hopes of swaying federal and state regulators to drop their opposition to the $25 billion grocer union, they said Monday.

  • April 22, 2024

    Wash. Judge Questions If Professor Was Punished For Views

    A Washington federal judge seemed to doubt Monday that the University of Washington went too far when it removed a professor's political statements from his syllabi, noting that the comments were disruptive because they caused students to drop the mandatory course.

  • April 22, 2024

    Opioid Marketer Completes $1.5M Damages Settlement With Del.

    Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.

Expert Analysis

  • 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.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Beware Privacy Risks In Training AI Models With Health Data

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    Because data used to train artificial intelligence models may be protected by the Health Insurance Portability and Accountability Act or other regulations, users of these models should conduct proper diligence to avoid costly compliance failures, say Neha Matta and Barbara Bennett at Frost Brown.

  • Opinion

    Courts Shouldn't Credit Allegations From Short-Seller Reports

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    Securities class actions against public companies can extend for years and lead to significant settlements, so courts should not allow such cases with allegations wholly reliant on reports by short-sellers, who have an economic interest in seeing a company's stock price decline, to proceed past the motion to dismiss stage, says Richard Zelichov at DLA Piper.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • State Regs Sow Discord Between Cannabis, Hemp Industries

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    Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

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