Washington

  • March 04, 2024

    Insurer Wants Trade Secret Suit Dropped Sans Atty Fee Award

    A dental health insurer asked a Washington federal judge on Monday to toss its trade secret claims against an ex-executive without leeway for her to request legal fees, arguing that she can't be considered a winning party because she handed over a company laptop after being hit with the suit.

  • March 04, 2024

    What To Know About 9th Circ. Ruling On Tribe's Sacred Site

    A split Ninth Circuit ruling that a sacred tribal site in Arizona's Tonto National Forest can be transferred to a copper mining company is certain to be appealed to the U.S. Supreme Court by the San Carlos Apache Tribe, which contends that the decision effectively bulldozes a long-held worship site and ultimately denies the tribe's freedom of religious expression, despite the panel's skepticism of that claim.

  • March 04, 2024

    Full 9th Circ. To Review Mormon Church Tithe-Misuse Suit

    The Ninth Circuit has voted for en banc review of a panel decision reviving claims against the Mormon Church brought by a former member who alleged its leadership used his tithes to finance commercial projects after promising they would not do so.

  • March 04, 2024

    DOJ Worried Binance Founder's Travel May 'Become An Issue'

    Binance founder Changpeng Zhao should have to notify the government of any travel as he awaits sentencing, prosecutors have said, telling a federal court in Washington they remain concerned he could be a flight risk.

  • March 04, 2024

    FAA Audit Flags Boeing 737 Max 9 Production Lapses

    Boeing and its key supplier, Spirit AeroSystems, failed to comply with manufacturing quality control requirements across several departments, according to findings from a Federal Aviation Administration audit of the 737 Max 9 jets after January's harrowing Alaska Airlines midair panel blowout.

  • March 04, 2024

    Catching Up With Delaware's Chancery Court

    A Swedish music producer's takeover, a proposed award payable in Tesla shares, Truth Social stock squabbles, and an unusually blunt slap down from the bench added up to an especially colorful week in Delaware's famous court of equity. On top of that came new cases about alleged power struggles, board entrenchment, consumer schemes and merger disputes.

  • March 04, 2024

    Sodexo Nicotine Surcharge Suit Gets Backing From DOL

    The U.S. Department of Labor backed a proposed class action accusing food provider Sodexo of unlawfully charging employees who use nicotine $1,200 more per year for health insurance, telling the Ninth Circuit that the arbitration agreement the company wants to use to sink the case conflicts with federal benefits law.

  • March 04, 2024

    9th Circ. Says Mexican Man's Torture By Gov't Facility Unlikely

    The Ninth Circuit refused to revive a Mexican man's bid for deportation relief, agreeing with the Board of Immigration Appeals that the man failed to show he'd likely be tortured by healthcare providers in Mexico's state-run mental health facilities.

  • March 04, 2024

    Justices Say States Can't Keep Trump Off Ballot

    The U.S. Supreme Court found that states can't bar Donald Trump from running for reelection this year based on a 14th Amendment provision, with justices on Monday reversing a Colorado high court decision that barred Trump from the state's primary election ballot.

  • March 01, 2024

    Wash. Judge Doubts Public Was Shut Out Of Shelter Plan

    A Washington state appellate judge on Friday asked opponents of a plan to turn a hotel near Seattle into a shelter for homeless people why a pair of community meetings weren't enough to meet King County's obligation to listen to public feedback. 

  • March 01, 2024

    Avalara Beats Investors' $8.4B PE Buyout Challenge For Good

    A Washington federal judge refused Friday to give another chance to a proposed shareholder class action alleging Avalara lied to win investors' support for an $8.4 billion private equity buyout, in an order finding the lead plaintiff failed again to show the tax software company made false statements.

  • March 01, 2024

    Microsoft Escapes SAIC's Night-Vision Goggle Patent Suit

    A U.S. Court of Federal Claims judge has found that Microsoft Corp. didn't infringe a Science Applications International Corp. patent in a suit accusing the federal government of contracting with Microsoft and L3 Technologies Inc. for night-vision goggle weapon systems with infringing displays, but the judge also denied bids to find the patent invalid.

  • March 01, 2024

    FTC, DOJ Slam Use Of Software To Fix Rent Payments

    The Federal Trade Commission and the U.S. Department of Justice on Friday told a Washington federal judge that landlords can't collude on housing prices even if they're using new technology to do it, adding their input to a case accusing property owners of fixing rental costs with Yardi Systems Inc. software.

  • March 01, 2024

    Wash. Tribe Asks Judge To Revisit 'Cultural Resources' Ruling

    A tribe is urging a Washington federal judge to reconsider a ruling that it can't pursue millions of dollars of "tribal service loss" claims stemming from Upper Columbia River pollution, saying its claims were misconstrued as "cultural resource damages" that can't be recovered under the Comprehensive Environmental Response, Compensation and Liability Act.

  • March 01, 2024

    Wash. Seeks Injunction To Force GEO ICE Prison Inspections

    The Washington state labor and health departments have urged a Washington federal judge to compel GEO Group to let inspectors inside a Seattle-area immigrant detention facility, saying the private prison giant will otherwise continue to block entry and keep regulators from investigating complaints about unsafe and unsanitary conditions.

  • March 01, 2024

    FTC Wants To Split Amazon Antitrust Trial

    The Federal Trade Commission has asked a Washington federal court to split its landmark monopolization case against Amazon into two phases, with a trial to determine if the company violated antitrust law and another to mull potential fixes if the court finds that it did.

  • March 01, 2024

    Judge Says TCPA Class Limits Affect Only State Law Claims

    A Washington federal judge denied UnitedHealthcare's move to dismiss illegal automated call claims from non-Washington members in a Washington man's class action, calling the company's invocation of a 2017 U.S. Supreme Court ruling a "strained theory that has been rejected by every Circuit Court that has considered it."

  • March 01, 2024

    ​​​​​​​Amazon Shareholder Seeks Prime Info In Del. Chancery

    An Amazon stockholder has sued the online shopping and media giant in Delaware's Court of Chancery to obtain internal documents regarding what the investor and the government have called misleading schemes by the company to drive up Prime service subscriptions and confound customers who try to cancel their paid membership.

  • March 01, 2024

    9th Circ. Won't Stay Oregon Kids' Climate Case, For Now

    The Ninth Circuit has shot down the U.S. Department of Justice's attempt to pause an Oregon federal judge's decision to allow a lawsuit brought by youths alleging the government's energy policies imperil their future by exacerbating climate change. 

  • March 01, 2024

    Joint Venture Wins $45B DOE Nuclear Deal Again After Protest

    The U.S. Department of Energy has again awarded a $45 billion nuclear waste management contract to a BWXT, Fluor and Amentum joint venture, after a previous award to the company was vacated over its failure to follow a federal registration requirement.

  • March 01, 2024

    Amazon Didn't Dupe Prime Buyer With TV Deal, Judge Rules

    An Amazon Prime customer who says he was tricked into thinking he saved $700 on a TV can't pursue fraud and deceptive practice claims against Amazon, an Illinois federal judge has ruled, finding that even if he only saved $100 compared to recent pricing, he still got exactly what he paid for.

  • March 01, 2024

    UW Settles Missing Tumor Suit After Admitting It Can't Find It

    The University of Washington has settled a medical malpractice lawsuit accusing its hospital staff of losing a tumor before testing it for cancer, after UW admitted that it had been "unable to locate the specimen" since the patient's August 2022 surgery.

  • February 29, 2024

    Disbarred Atty Avoids Prison In 2nd Fraud Case

    A Washington federal judge sentenced a former lawyer to a halfway house Thursday for lying to avoid paying restitution in a previous criminal fraud case, finding that she did not deserve more prison time after hearing of her sexual assault the last time she was incarcerated.

  • February 29, 2024

    9th Circ. Sends COVID-19 Coverage Row Back To Tribal Court

    A Ninth Circuit panel unanimously affirmed the Suquamish Tribal Court's jurisdiction over a COVID-19 coverage dispute, finding in a published opinion Thursday that although the tribe's insurers weren't present on its land, a consensual business relationship means tribal law applies.

  • February 29, 2024

    Chancery Preserves Class Suit Over Microsoft-Activision Deal

    An Activision Blizzard shareholder that sued in Delaware's Court of Chancery over the company's $68.7 billion sale to Microsoft Corp. got the nod Thursday to move forward with the proposed class action that alleges the merger process may have violated Delaware law.

Expert Analysis

  • Recent Rulings Add Dimension To Justices' Maui Decision

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    The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Aviation Watch: 737 Max Blowout Raises Major Safety Issues

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    The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Takeaways From 9th Circ. Nix Of Ex-GOP Rep.'s Conviction

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    The Ninth Circuit recently reversed the conviction of former Rep. Jeff Fortenberry, R-Neb., for lying to the FBI, showing that the court will rein in aggressive attempts by the government to expand the reach of criminal prosecutions — and deepening a circuit split on an important venue issue, say attorneys at Skadden.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Ore. Insurance Ruling Opens Door To Extracontractual Claims

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    The Oregon Supreme Court's recent Moody v. Oregon Community Credit Union decision expanding an insurer's potential liability when adjusting life insurance policies exposes insurers to extracontractual tort liability, and the boundaries of this application will likely be tested through aggressive legal action, says Tessan Wess at GRSM50.

  • Navigating New Regulations In Healthcare And Other M&A

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    While notice requirements recently enacted in several states are focused on the healthcare industry for now, this trend could extend to other industries as these requirements are designed to allow regulators to be a step ahead and learn more about a transaction long before it occurs, say Kathleen Premo and Ashley Creech at Epstein Becker.

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