Washington

  • May 21, 2024

    BNSF Judge Said Trespass Payout Will Be Distance-Based

    BNSF Railway Co. will have to give up profits from at least part of its 1,500-mile oil shipment route to compensate a Washington tribe for nearly a decade of train trespassings across a less-than-mile-long easement, a federal judge ruled Monday.

  • May 21, 2024

    Pacific Seafood Beats Crab Price-Fixing Claims, For Now

    A California federal magistrate judge on Tuesday dismissed a proposed class action claiming Pacific Seafood fixed the price paid to fishers for Dungeness crab in the Pacific Northwest but will allow the fisherman who filed the suit the opportunity to amend most of his claims.

  • May 21, 2024

    Bungie's Code Copying Claims Questioned At Seattle Trial

    A top product security engineer at Bungie told a Seattle federal jury on Tuesday that a hacker accused of exploiting a popular game to make cheat software likely never had access to the game's source code and acknowledged the game company hasn't seen the cheat code that it claims amounts to copyright infringement.

  • May 21, 2024

    9th Circ. Axes Forest Service's Calif. Mining Exemption

    A split Ninth Circuit panel on Tuesday cut down the U.S. Forest Service's approval of gold exploration mining in California's Inyo National Forest, handing a win to environmentalists who had opposed the project for its potential impacts to threatened sage grouse and endangered fish.

  • May 21, 2024

    9th Circ. Vacates, Remands Tribe's Fishing Rights Dispute

    A Ninth Circuit panel said Tuesday that a challenge by a Washington tribe seeking to expand its fishing rights warrants further review, arguing that a lower court's ruling that a 19th century treaty did not include its accustomed grounds should be vacated and remanded to examine evidence of its village, presence and activities in the claimed waters. 

  • May 21, 2024

    Toll Bros. Lobs Legal Malpractice Claims At Gordon Rees

    Luxury home builder Toll Bros. Inc. has filed legal malpractice and breach of contract claims against Gordon Rees Scully Mansukhani LLP, claiming that the California-based firm didn't comply with discovery obligations, among other failures while representing Toll Bros. in a dispute over a project in Washington state.

  • May 21, 2024

    Wash. Justices Seem Split On Funds Getting Biz Tax Breaks

    The Washington Supreme Court appeared divided on Tuesday over whether precedent means a group of funds are eligible for a business tax deduction on investment income, with one justice suggesting a previous ruling did not mesh with state tax law.

  • May 21, 2024

    9th Circ. Rejects Quick Section 230 Appeal In Casino App MDL

    The Ninth Circuit refused to weigh in Tuesday on whether the Communications Decency Act's Section 230 shields Google, Apple and Meta from consolidated multidistrict litigation over allegedly illicit "social casino" game apps on their platforms, finding that deciding the issue on an interlocutory appeal would be a premature, advisory opinion.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 20, 2024

    Bungie Takes Aim At Cheat Code Sellers In Copyright Trial

    Video game studio Bungie kicked off a Seattle copyright trial on Monday by telling federal jurors a group of cheat code sellers deleted financial records and other data and even fabricated a fake press release about the sale of their website to throw Bungie and its attorneys off their scent.

  • May 20, 2024

    CoStar, Hotel Giants Defend Benchmarking In Price-Fixing Suit

    CoStar Group Inc. and a contingent of big-name hotels have asked a Washington federal judge to toss an antitrust lawsuit claiming the hotel operators share industry analytics to inflate luxury hotel room prices, arguing the proposed class action is riddled with legal defects.

  • May 20, 2024

    Startup Admits Sharing IP With Boeing After Supposed Swipe

    The co-founder of a startup accusing the Boeing Co. of plotting to steal its intellectual property to build a copycat electric jet acknowledged during cross-examination Monday that his company kept willingly sharing trade secrets with the aviation giant after discovering the alleged misappropriations.

  • May 20, 2024

    Biden Admin Can't Escape Immigrants' Selective Vetting Suit

    A group of Muslim immigrants left in limbo while their applications for naturalization undergo indefinite and what they claim is "extreme vetting" are entitled to their day in court, a Washington federal district judge said Monday in rejecting the Biden administration's bid to end the case for lack of subject matter jurisdiction.

  • May 20, 2024

    FTC Says Albertsons Execs Deleted Texts In Kroger Case

    Kroger and the Federal Trade Commission are at each other's throats over discovery in the agency's in-house challenge to the grocery giant's $25 billion merger with Albertsons and in district court, with the grocers accusing the agency of "running out the clock" and the FTC accusing the grocers of deleting text messages.

  • May 20, 2024

    Alaska Airlines Rips Antitrust Suit Over $1.9B Hawaiian Merger

    Alaska Airlines has told a federal judge that its proposed merger with Hawaiian Airlines would enhance consumer choice and lower fares, rejecting allegations in an antitrust lawsuit that it would diminish service, cut jobs and erase a legacy brand in the Aloha State.

  • May 20, 2024

    Latham Hires 2 Skadden Healthcare Partners In DC

    Latham & Watkins LLP has picked up two healthcare and life sciences partners from Skadden Arps Slate Meagher & Flom LLP in Washington, D.C., the firm announced Monday.

  • May 20, 2024

    Patients Urge 9th Circ. To Deny UBH Petition In Claim Fight

    Patients alleging United Behavioral Health mismanaged their mental health and substance use disorder treatment claims urged the Ninth Circuit not to grant the insurance company's petition for appellate court intervention in the consolidated action, arguing the effort was inappropriate and unjustified.

  • May 20, 2024

    Fried Frank, K&L Gates Lead $950M Sale Of Transportation Biz

    Transportation and distribution services provider Saltchuk Resources Inc., advised by K&L Gates LLP, on Monday announced plans to acquire energy transportation services provider Overseas Shipholding Group Inc., led by Fried Frank Harris Shriver & Jacobson LLP, in a take-private transaction valued at $950 million.

  • May 17, 2024

    Real Estate Authority: Loan Doctors, CFIUS, Mixed-Use Boom

    Catch up on the week's key developments by state from Law360 Real Estate Authority — including potential conflicts of interest in special servicing, a data center buy stymied by the Committee on Foreign Investment in the United States, and one hospitality pro's prediction for more mixed-use residential and hotel demand.

  • May 17, 2024

    Manufacturer Slapped With Sanctions In Seaplane Crash Case

    A Washington state judge sanctioned an aircraft manufacturer for "willful" discovery violations on Friday in a lawsuit over a 2022 seaplane accident that killed 10 people, then ruled during a hearing that maritime law covers the accident, which a plaintiffs attorney says will expand the relief victims' families can seek.

  • May 17, 2024

    Boeing Jury Urged To Award Startup At Least $163M At IP Trial

    An electric-jet company told a Seattle jury Friday that Boeing misappropriated its trade secrets to build a copycat plane under the guise of investing in the startup, entitling it to an award of more than $163 million.

  • May 17, 2024

    9th Circ. Judges Say Bias Suit Deserved En Banc Rehearing

    A Ninth Circuit panel's opinion that a fire chief's Christian faith wasn't the cause for his firing will have severe ramifications in discrimination cases and the full appellate court should have reconsidered it, several circuit judges said Friday.

  • May 17, 2024

    Wash. Energy Codes Challenged Again After 9th Circ. Decision

    In the wake of a Ninth Circuit ruling that forced Washington officials to revisit regulations on natural gas appliances used in new construction, a group of natural gas companies, homeowners and construction interests are claiming the state's apparent fix is again out of step with federal law.

  • May 17, 2024

    Judge Sets Hearing For Delay In Hunter Biden's Tax Trial

    A California federal judge agreed Friday to consider Hunter Biden's request to push back his $1.4 million criminal tax trial, setting a hearing to address his claim that the dates interfere with his Delaware gun trial and threaten to prevent him from getting a fair shake.

Expert Analysis

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Lessons On Challenging Class Plaintiffs' Expert Testimony

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    In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Businesses Should Take Their AI Contracts Off Auto-Renew

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    When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • 5 Climate Change Regulatory Issues Insurers Should Follow

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    The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • Notable Q1 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.

  • Opinion

    Viral Deepfakes Of Taylor Swift Highlight Need For Regulation

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    As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.

  • New Federal Bill Would Drastically Alter Privacy Landscape

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    While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.

  • Social Media Free Speech Issues Are Trending At High Court

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    The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

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