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September 12, 2025
Higher Ed Real Estate: A Back To School Special
As colleges and universities face mounting financial pressures and enrollment challenges, their real estate strategies are evolving. From legal battles over property disputes to creative approaches for monetizing underutilized assets, Law360 Real Estate Authority offers a window into real estate concerns in the higher education sector.
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September 12, 2025
Split 9th Circ. Backs Cert. Denial In Progressive Car Value Suit
A split Ninth Circuit panel on Friday upheld a lower court's refusal to certify a class of Progressive policyholders in a suit over adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, finding that individual questions predominate over common ones.
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September 12, 2025
Real Estate Recap: CMBS Distress, Nuclear AI, Campus Golf
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney perspectives on commercial mortgage-backed securities distress, the dawn of nuclear-powered data centers, and the albatross of golf courses on colleges and universities.
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September 12, 2025
Receiver Wants To Sell Calif. Property With Illegal Ex-Pot Shop
A court-appointed receiver asked a California state court to approve the sale of a two-story Compton commercial building that used to have an illegal cannabis dispensary.
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September 12, 2025
Shein Uses AI To Steal Popular Designs, Suit Claims
Fast-fashion e-commerce giant Shein is facing a suit in California federal court by a Florida artist who claims the company uses artificial intelligence and other automated technology to dredge the internet and steal popular works to be misappropriated for profit.
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September 12, 2025
What To Know About Anthropic's Pending $1.5B IP Settlement
The largest settlement in copyright history may still materialize, but the path for authors and Anthropic negotiating a $1.5 billion agreement is filled with challenges, including determining what portion of the millions of books the tech company allegedly downloaded from pirate sites is eligible for compensation.
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September 12, 2025
9th Circ. Won't Rethink Rejection Of Vegas Newspaper Pact
The Ninth Circuit refused to reconsider a panel's decision finding that a long-standing arrangement between the Las Vegas Sun and the Las Vegas Review-Journal is unlawful because the rival newspapers needed approval from the U.S. attorney general.
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September 12, 2025
In Fees Fight, OpenAI Rival Says TM Case Not Exceptional
Nothing "stands out" from a successful trademark case brought by OpenAI against Open Artificial Intelligence Inc., the latter company told a California federal judge, urging the court to deny OpenAI's request to make it pay $10 million in attorney fees.
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September 12, 2025
When The Supreme Court Says Using Race Is OK
The U.S. Supreme Court is allowing government agencies to expressly use race in furthering their immigration enforcement goals, while prohibiting the use of race as even one of the factors to consider in college admissions. Some legal scholars see a double standard.
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September 12, 2025
Woman Gets Another Shot At LA Fitness Treadmill Suit
A California appeals court has revived a woman's suit alleging that she was injured by a faulty treadmill at an LA Fitness gym, saying there is a triable issue of fact regarding whether she electronically signed an injury waiver.
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September 12, 2025
DOJ Fights To Keep LA Sanctuary Policy Lawsuit Alive
The government urged a California federal judge on Thursday to reject Los Angeles' bid to dismiss its lawsuit over the city's immigration sanctuary ordinance, claiming the law discriminates against immigration agents, is preempted by federal law and is not protected by the 10th Amendment.Â
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September 12, 2025
Contract Claims Trimmed In Missile Antenna Seizure Fight
A federal judge has granted the U.S. government's bid to dismiss breach of contract claims a California company brought after Air Force officials seized surplus missile antennas it was trying to sell, but said the government must face a takings claim.
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September 12, 2025
Off The Bench: NCAA Athlete Ban, WNBA Sun Controversy
In this week's Off The Bench, the NCAA administered permanent bans to three basketball players, and two high-profile politicians warned the WNBA that it could be at risk of violating antitrust laws if it interferes in the sale of the Connecticut Sun.
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September 12, 2025
Appeals Courts Rethink Harsh Youth Sentences, Search Rules
State appellate courts across the country have issued major criminal law opinions this year, softening some of the harshest sentences for young defendants while shifting rules for searches and evidence collection.
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September 12, 2025
Buyers Seek Final OK In $1.5M Rust-Oleum Greenwashing Suit
A class alleging that Rust-Oleum Corp. has been "greenwashing" its cleaning products with labels claiming they are "non-toxic" and "Earth Friendly" is asking a California federal court to grant final approval of a $1.5 million settlement to resolve the suit.
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September 12, 2025
Hagens Berman Doubles Down On AI-Tainted Brief Correction
Hagens Berman Sobol Shapiro LLP said that the firm has an ethical duty to correct briefs tainted by artificial intelligence errors and that the corrected versions shouldn't be stricken from a proposed class action against online platform OnlyFans' parent company.
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September 12, 2025
Calif. Bill Blocking Fee Sharing With ABS Firms Heads To Gov.
A bill heading to California Gov. Gavin Newsom's desk is poised to tighten rules to restrict alternative business structure law firms from operating in the Golden State by blocking lawyers from sharing fees with out-of-state firms owned by non-lawyers.
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September 12, 2025
LA Lawyer Disbarred For Overcharging Inmate Clients
The Golden State's Supreme Court has disbarred a Los Angeles attorney who repeatedly collected "unconscionable legal fees" after misleading inmate clients about their chances for resentencing, the State Bar of California has announced.
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September 12, 2025
Frost Adds In-House Compliance Pro As New Group Leader
Frost LLP has added an experienced former chief compliance officer and in-house counsel to serve as the leader of its new investigations, compliance and privacy practice.
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September 12, 2025
Calif. Court Refuses To Block Climate Reporting Rules, Again
A California federal court judge would not bar two new state climate disclosure regulations while a coalition of business groups takes its bid for an injunction up to the Ninth Circuit, saying his perspective hasn't shifted since the groups' last injunction request.Â
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September 12, 2025
Davis Wright Adds Stradling Yocca M&A Pro In LA
Davis Wright Tremaine LLP is boosting its Southern California corporate team, bringing in a Stradling Yocca Carlson & Rauth PC mergers and acquisitions expert as a partner in its Los Angeles office.
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September 11, 2025
Uber Sued By Feds, Accused Of Disability-Based Bias
The federal government Thursday hauled Uber Technologies Inc. into a federal court in San Francisco, accusing the transportation company of discriminating against riders with disabilities, including by allegedly refusing service to individuals traveling with service animals or using stowable wheelchairs.
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September 11, 2025
Retired Federal Judges Throw Shade On Shadow Docket
Retired federal judges speaking at a Federal Bar Association panel in California Thursday criticized the U.S. Supreme Court's increasing use of "shadow docket" emergency rulings that offer little or no explanation, with retired Ninth Circuit Judge Paul Watford saying the high court has "an obligation to give more of a ruling."
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September 11, 2025
9th Circ. Says News Article Doesn't Doom Biotronik FCA Suit
The Ninth Circuit revived a False Claims Act suit alleging that Biotronik orchestrated an illicit compensation scheme to boost the implantation of its cardiac devices in patients at Cedars-Sinai Medical Center in Los Angeles, saying the whistleblower's complaint presents new information that is not barred by fraud allegations disclosed in an earlier news article.
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September 11, 2025
Girardi's Atty, Judge Debate If His Conviction Is 'Debatable'
A California federal judge pushed back Thursday on arguments by Tom Girardi's lawyer that he should be free on bond while he appeals his wire fraud conviction, saying that debating the case doesn't automatically mean it raises "fairly debatable" questions sufficient to meet the Ninth Circuit's standard for remaining free on appeal.
Expert Analysis
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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9th Circ. Finding That NFTs Are Goods Will Change TM Law
The Ninth Circuit's recent ruling in Yuga Labs v. Ripps establishes that NFTs have real, commercial value under U.S. federal trademark law, a new legal precedent that may significantly influence intellectual property enforcement and marketplace policies regarding digital assets going forward, say attorneys at Wilson Elser.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.
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Calif. Board's Financial-Grade Climate Standards Raise Stakes
After the California Air Resources Board's recent workshop, it is clear that the state's climate disclosure laws will be enforced with standards comparable to financial reporting — so companies should act now to implement assurance-grade systems, formalize governance responsibilities and coordinate reporting across their organizations, says Thierry Montoya at Frost Brown.
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9th Circ. Qualified Immunity Ruling May Limit Phone Searches
Though the Ninth Circuit affirmed police officers’ qualified immunity claims in Olson v. County of Grant earlier this year, it also established important Fourth Amendment precedent on the use of cellphone extractions that will apply more broadly in criminal investigations and prosecutions, say attorneys at The Norton Law Firm.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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9th Circ.'s Kickback Ruling Strengthens A Prosecutorial Tool
The Ninth Circuit's decision last month in U.S. v. Schena, interpreting the Eliminating Kickbacks in Recovery Act to prohibit kickback conduct between the principal and individuals who do not directly interact with patients, serves as a wake-up call to the booming clinical laboratory testing industry, say attorneys at Kendall Brill.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.