A California federal judge presiding over Epic Games' high-stakes antitrust compliance fight against Apple expressed frustration Monday with the parties' disagreement over the scope of Apple's document production, asking counsel repeatedly "What am I supposed to do?" and "Do I need to get somebody on the stand to explain this?"
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TOP NEWS

'What Am I Supposed To Do?': Epic-Apple Doc Row Irks Judge

By Dorothy Atkins

A California federal judge presiding over Epic Games' high-stakes antitrust compliance fight against Apple expressed frustration Monday with the parties' disagreement over the scope of Apple's document production, asking counsel repeatedly "What am I supposed to do?" and "Do I need to get somebody on the stand to explain this?"

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Chrysler MDL Class Can Fix 'Puzzling' State Claim Skip

By Danielle Ferguson

A Michigan federal judge has said he will give a class of drivers alleging Chrysler minivans have a defect that causes their batteries to explode unexpectedly an opportunity to fix their "puzzling" choice not to plead state-by-state claims in the first master complaint of the sprawling multidistrict litigation.

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Google Says Texas Took Opposing Positions On Key Law

By Matthew Perlman

Google told a Texas federal court the state attorney general's office made arguments in the case accusing the tech giant of monopolizing display advertising technology that directly contradict arguments the state is making in a case challenging the Pregnant Workers Fairness Act.

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Teamsters Plan Says Health Network Has Monopoly In Conn.

By Emily Brill

A Teamsters healthcare benefits plan and a Connecticut public transit provider have sued the healthcare network Hartford Healthcare Corp., accusing it of having a monopoly over healthcare in a half-dozen regions of the state.

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FTC Says Hospital Won't Fail Without Novant Buyout

By Jared Foretek

The Federal Trade Commission is pushing back against claims that North Carolina's Lake Norman Regional Medical Center will fail if the agency halts its acquisition by Novant Health, telling the Fourth Circuit that the hospital is, in fact, profitable and stable.

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POLICY & REGULATION

Toss Universal Service Fund Challenge, FCC Urges 5th Circ.

By Christopher Cole

The Federal Communications Commission on Monday urged the Fifth Circuit to throw out a challenge to the agency's telecom subsidy system after the U.S. Supreme Court declined to take up a pair of similar cases.

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Sen. Spectrum Bill Called Inadequate For Connectivity Needs

By Christopher Cole

A Senate bill to renew the Federal Communications Commission's authority to auction spectrum is facing criticism from a technology think tank as the legislation heads to a committee vote Tuesday.

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SEC Head Of Crypto Assets And Cyber Unit Departs Agency

By Aislinn Keely

The head of the U.S. Securities and Exchange Commission's crypto and cyber enforcement team said Monday that he has left the agency after nearly nine years.

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CFPB Reaches $7M Deal In Suit Over Ex-Exec's Money Moves

By Jon Hill

The Consumer Financial Protection Bureau said Monday that it will accept $7 million from a former online loan executive and his wife to resolve a Kansas federal court lawsuit in which the agency accuses them of trying to keep millions more dollars out of the agency's reach.

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Brief

Crypto Trading Firm Nabs NY BitLicense

By Aislinn Keely

Crypto trading firm and liquidity provider Cumberland DRW announced Monday that the New York Department of Financial Services has granted it a BitLicense, which allows it to operate a crypto business within the state.

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Brief

US Surgeon General To Seek Warning Label On Social Media

By Jonathan Capriel

U.S. Surgeon General Vivek H. Murthy has called on lawmakers to require social media companies to put warnings on their sites that say young people who use them have more mental health issues, according to an opinion article published on Monday.

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LITIGATION

Ad Tech Judge Says No 'Moving Target' Damages, No Jury

By Bryan Koenig

A Virginia federal judge refused to consider the government's "late-arriving" math on how much federal agencies were overcharged by Google's digital advertising placement technology, according to an order unsealed Friday, a decision that allowed Google to successfully short-circuit the U.S. Department of Justice's damages claim and avoid a jury trial sought by the agency.

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Zantac Suits Must Exit State Court, Conn. Judge Told

By Aaron Keller

A Connecticut state court judge must relinquish jurisdiction over two lawsuits claiming that generic versions of the heartburn drug Zantac caused cancer because state statutes do not subject entities with foreign business registrations to the auspices of Constitution State judges, a pharmaceutical industry attorney argued at a hearing Monday morning.

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FTC Says Adobe Uses Fee To Trap Consumers In Subscription

By Lauren Berg

Adobe Inc. has for years deceived customers by keeping them in the dark about an early termination fee for its most lucrative subscription plan, making it difficult to cancel and trapping consumers in subscriptions they no longer want, the Federal Trade Commission alleged Monday.

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Wash. Property Manager Hit With Suit Over Extra Fee

By Isaac Monterose

A proposed class of former tenants accused a Bellevue, Washington, property management company of violating state law by charging a $100 security deposit disposition fee when tenants move out.

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9th Circ. Says Facebook 'Face Signatures' Not Subject To BIPA

By Rachel Riley

The Ninth Circuit sided with Meta Platforms on Monday by declining to revive an Illinois resident's proposed class action accusing Facebook of breaking the state's Biometric Information Privacy Act, ruling that the "face signature" at issue isn't protected by the law because it cannot be used to identify someone.

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T-Mobile To Consider Changing 'Price Lock' Ads After Dispute

By Jared Foretek

T-Mobile said it will look into modifying "Price Lock" advertising claims after AT&T told the Better Business Bureau that the ads mislead consumers by suggesting that T-Mobile locks in a certain price, when it only offers a free month of home internet service under certain conditions if the price goes up.

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College Students Say Mass. COVID Liability Shield Unjust

By Julie Manganis

Three former students seeking tuition refunds are urging a Massachusetts court to rule on the constitutionality of a state law wiping away schools' liability for switching to online learning during the COVID-19 pandemic in 2020, a statute that has all but doomed their separate federal complaints.

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LA City Atty Accused Of Retaliating Against Criminal Chief

By Dorothy Atkins

The former criminal chief of the Los Angeles city attorney's office is seeking more than $1 million over claims she faced a "barrage of retaliation" and was unfairly placed on leave after reporting the city attorney's alleged excessive on-the-job alcohol consumption, her refusal to prosecute certain companies and other purported misconduct.

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Calif. Becomes Last State To Ink Deal Over Blackbaud Breach

By Allison Grande

Blackbaud Inc. has agreed to pay $6.75 million to resolve data security claims brought by California's attorney general, who was the only one to sit out a nearly $50 million settlement that the software provider reached last year with every other state over a 2020 ransomware attack that affected thousands of its customers.

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Brief

Talc Claimants Want Documents In Fight Over J&J Unit Venue

By Alex Wittenberg

Cancer patients with talc damage claims against Johnson & Johnson have urged a New Jersey federal court to give them access to transcripts and exhibits from depositions of top executives at the company's talc unit, saying the information will aid their effort to bar the J&J spinoff from filing a third Chapter 11 outside the Garden State.

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Brief

Bookstores Appeal Denied Bid To Join FTC's Amazon Case

By Matthew Perlman

A trade association for bookstores is appealing to the Ninth Circuit after a lower court refused its request to intervene in the Federal Trade Commission's antitrust suit against Amazon that raises concerns about the e-commerce giant's sale of books and contracts with publishers.

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PEOPLE

Milbank Snags FTC Competition Trial Chief For DC Office

By Lauren Berg

Milbank LLP announced Monday it has hired the chief trial counsel for the Federal Trade Commission's Bureau of Competition, bulking up its Washington, D.C., antitrust and competition practice with a veteran litigator who led the government's challenge to Microsoft Corp.'s $69 billion acquisition of Activision Blizzard.

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EXPERT ANALYSIS

Cyber Takeaways For Cos. From Verizon Data Breach Report

Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.

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High Court's BofA Ruling Leaves State Preemption Questions

A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.

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Think Like A Lawyer: Always Be Closing

When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

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LEGAL INDUSTRY

The 2024 Lawyer Satisfaction Survey

Firms are making their attorneys happy in most areas of professional life, including culture and compensation, but stress is a constant struggle and many are taking minimal vacations, according to the latest survey from Law360 Pulse.

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Akin Elects US, London Duo To Take Over From Veteran Chair

By Ashish Sareen

Akin Gump Strauss Hauer & Feld LLP said on Tuesday that it has elected the partner in charge of its New York office and a corporate specialist in London to jointly lead the firm as its longtime chair prepares to step down next year.

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Healthcare Tensions Equal Business For Litigation Funders

By Ryan Boysen

As rampant consolidation collides with inflation-squeezed margins in the American healthcare system, tensions between service providers and insurers are at the breaking point and increasingly boiling "over into litigation," providing opportunities for litigation funders, according to a new article by Burford Capital LLC.

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NY High Court Denies Trump's Gag Order Appeal

By Frank G. Runyeon

New York state's highest court on Tuesday denied Donald Trump's rapid appeal of the gag order that limited his speech during his criminal hush money trial, finding it did not raise serious constitutional issues.

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DC Bar Counsel Moves To Suspend Hunter Biden's Law License

By Alison Knezevich

Attorney disciplinary authorities in the nation's capital have moved to suspend Hunter Biden's license to practice law there after he was convicted of three federal gun charges last week.

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Dems' Absences Bring Canceled Vote On Ore. Federal Judge

By Courtney Bublé

The Senate scrapped a vote on Tuesday for Magistrate Judge Mustafa Taher Kasubhai's nomination to a district court judgeship in the District of Oregon amid vast Republican opposition.

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Dems Ask For Update On Justice Thomas Gifts Investigation

By Katie Buehler

A pair of Democratic lawmakers have asked the judiciary's governing body for an update on its review of U.S. Supreme Court Justice Clarence Thomas' failure to disclose years of luxury gifts and travel he received from conservative billionaires.

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Cuomo's Ex-Aide Details Sex Harrassment Claims In New Suit

By Dorothy Atkins

Former New York Gov. Andrew Cuomo's onetime executive assistant has filed a civil lawsuit in New York state court, accusing Cuomo of "outrageous sex discrimination and retaliation" roughly two years after related misdemeanor charges over the alleged misconduct were dropped.

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Del. House Panel Splits On Senate-Passed Corp. Law Change

By Jeff Montgomery

A divided Delaware House committee released on Tuesday contested amendments to the state's general corporation law, sending the measure toward a full House vote after sometimes edgy testimony that included a committee chair's shutdown of an opposing law professor's reference to HBO's seamy corporate drama series "Succession."

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The 2 Attys Ensnared In A NJ Mogul's Racketeering Rap

By George Woolston

New Jersey businessman George E. Norcross III may be the alleged mastermind of a racketeering scheme to reap millions in tax credits on waterfront property in a distressed city, but the explosive indictment also reveals the purported roles of two attorneys with close ties to the Democratic Party.

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Ariz. County Says New Kari Lake Vote Claims Merit Sanctions

By Ali Sullivan

Maricopa County officials are slamming former gubernatorial candidate Kari Lake's bid to unravel a Ninth Circuit decision affirming the toss of her lawsuit over Arizona's voting machines, contending that the "fatally flawed" effort warrants sanctions.

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9th Circ. Won't Revive Vax Mandate Case Amid Judge DQ Bid

By Emily Sawicki

In a nonprecedential opinion, the Ninth Circuit has refused to restore a COVID vaccine mandate suit brought by federal workers and contractors who also sought to disqualify a judge they believed was conflicted, finding the workers lacked standing because they named officials who cannot reinstate them rather than their employers.

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Panel Laments 'Hunger Games' Tactics In Mich. Judicial Races

By Carolyn Muyskens

A Michigan Court of Appeals panel has expressed concern that judicial candidates are weaponizing the complexity of Michigan's filing requirements to eliminate their competition, with one judge commenting that "contests for vacant judgeships all too often have turned into the Hunger Games." 

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McElroy Deutsch Says Exec Embezzled Money For Home

By Tracey Read

McElroy Deutsch Mulvaney & Carpenter LLP has doubled down on its bid for a constructive trust on the home of two former executives accused of stealing from the firm.

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9 Firms Vie To Lead Suit Over Ad Tech Co.'s Microsoft Ties

By Sydney Price

Pomerantz LLP, Levi & Korsinsky LLP and several other firms have filed competing bids to lead a proposed shareholder class action alleging that shares of ad tech company Perion Network declined nearly 40% after its strategic partner Microsoft Bing "unilaterally" changed its search advertising pricing.

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LAW FIRMS IN TODAY'S NEWS

Aeton Law Partners

Akin Gump

Axinn Veltrop

Barrack Rodos

Berger Montague

Bernstein Liebhard

Blank Rome

Block & Leviton

Boyden Gray

Brown & Connery

Burgess Law Group

Carey Rodriguez Milian

Casey Gerry

Cohen Milstein

Cooley LLP

Cotchett Pitre

Cravath Swaine

Critchley Kinum

Crowell & Moring

Cuti Hecker

Fox Rothschild

Francis Mailman

Freed Kanner

Freshfields

Gibson Dunn

Glancy Prongay

Glavin PLLC

Hagens Berman

Holzer & Holzer

Husch Blackwell

Kaplan Fox

Keller Postman

Kirkland & Ellis

Klein Thomas

Lanier Law Firm

Levi & Korsinsky

Marino Tortorella

Mayer Brown

McDermott Will & Emery

McElroy Deutsch

McNicholas & McNicholas

Milbank LLP

Milian Legal Group

Moritt Hock

Norton Rose

Parker Daniels Kibort

Parker McCay

Parker Poe

Paul Hastings

Paul Weiss

Pomerantz LLP

Poole Huffman

Robinson Bradshaw

Shipman & Goodwin

Shook Hardy

Spears Manning

Spencer Fane

Terrell Marshall

The Miller Law Firm PC (Rochester, MI)

The Office of Craig C. Reilly

Weil Gotshal

White & Case

Wiggin & Dana

Williams & Connolly

Winston & Strawn

Wocl Leydon

Wolf Popper

Yetter Coleman

​Bottini & Bottini

COMPANIES IN TODAY'S NEWS

Activision Blizzard Inc.

Adobe Inc.

Albertsons Cos. Inc.

Amazon.com Inc.

American Bar Association

American Hospital Association

Apple Inc.

BBB National Programs Inc.

Bank of America Corp.

Blackbaud Inc.

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

Boston College

Boston University

Burford Capital LLC

Coinbase Global Inc.

Conner Strong & Buckelew

Cooper Health System

De Novo

Envision Healthcare Corp.

Epic Games Inc.

FCA US LLC

Google LLC

Hartford HealthCare Corp.

Home Box Office Inc.

International Association of Better Business Bureaus Inc.

Johnson & Johnson

Kiteworks

LinkedIn Corp.

Meta Platforms Inc.

Microsoft Corp.

Moelis & Co.

New Jersey State Bar Association

Norfolk Southern Corp.

Novant Health Inc.

Perion Network Ltd.

Pfizer Inc.

Property Management Inc.

Retrophin Inc.

Rowan University

Salesforce.com Inc.

Sanofi

Spectrum Management Holding Co.

Sun Bancorp Inc.

T-Mobile US Inc.

The District of Columbia Bar

The Goldman Sachs Group Inc.

The Kroger Co.

The Leadership Conference on Civil & Human Rights

The New York Times Co.

Thermo Fisher Scientific Inc.

Toronto-Dominion Bank

Twitter Inc.

U.S. Anesthesia Partners

U.S. Vision Inc.

United Way Worldwide Inc.

Yale University

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Department of Justice

Centers for Disease Control and Prevention

Commonwealth of Massachusetts

Consumer Financial Protection Bureau

Delaware River Port Authority

Equal Employment Opportunity Commission

Federal Communications Commission

Federal Trade Commission

New York Attorney General's Office

New York Department of Financial Services

U.S. Attorney's Office for the District of Kansas

U.S. Attorney's Office for the Eastern District of Virginia

U.S. Attorney's Office for the Northern District of California

U.S. Attorney's Office for the Southern District of California

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Department of Defense

U.S. Department of Justice

U.S. Department of Veterans Affairs

U.S. District Court for the District of Connecticut

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Kansas