Hydro Newsletter - Volume 11, Issue 4
National Hydropower Association and Northwest Hydroelectric Association Challenge FWS and NMFS's ESA Section 7 Regulation ChangesOn August 2, 2024, the National Hydropower Association (“NHA”) and the...
View ArticleMerely Copying In-House Counsel Does Not Necessarily Establish...
Businesses who employ in-house attorneys frequently assume that copying their lawyer on internal communications shields the communications from discovery because of the attorney-client privilege. In...
View ArticleTaking It to the House: Preliminary Approval of Settlement in House v. NCAA...
In the latest development from the antitrust class-action lawsuit filed against the NCAA regarding potential compensation allegedly denied to student-athletes, Judge Claudia Wilken of the U.S. District...
View ArticleCourt Dismisses Challenge to Strengthening Organic Enforcement Rule
On September 30, 2024, the U.S. District Court for the District of Oregon dismissed a complaint filed by Pratum Farm, LLC which challenged the Strengthening Organic Enforcement (SOE) provisions...
View ArticleJustice Kagan, If "Some People Like Less Prescriptive Standards" Why Haven't...
Today the United States Supreme Court heard from lawyers representing the City and County of San Francisco and lawyers for the United States Environmental Protection Agency on the question of whether a...
View ArticleFederal Appeals Court Says Certain THC-O Products Are Legal Contrary to DEA...
The 1984 film The Terminator featured a deadly robot assassin who looked like a regular guy (if by “regular guy” you mean a young, jacked Arnold Schwarzenegger). The horror of it all was that the...
View ArticleString Of Numbers Or Identifier: The Ninth Circuit Weighs In On BIPA’s...
In June, the U.S. Court of Appeals for the Ninth Circuit affirmed a social media company’s summary judgment win on BIPA claims, in a sophisticated ruling providing a plausible path forward for...
View ArticleMEDICAL DATA AT RISK?: CIPA Takes on Digital Tracking in Healthcare
Greetings CIPAWorld!I’m back with the latest scoop on a fascinating case! In St. Aubin v. Carbon Health Technologies, Inc., the United States District Court for the Northern District of California...
View ArticleCourt Challenge to Corporate Transparency Act Rebuffed – For Now
On September 20, 2024, U.S. District Judge Michael H. Simon for the District of Oregon issued an Opinion and Order in favor of defendants in the case. Firestone, et al.. v Janet Yellen, et al., Case...
View ArticlePFAS Litigation Update: Another Tool in the Defendants’ Toolbox
On October 15, a California federal court handed down a ruling that significantly undermines the so-called “gold standard” of per- and polyfluoroalkyl substances (PFAS) testing relied upon by most...
View ArticlePFAS Detection Test Thrown Out In Court – What It Teaches Us About Compliance...
Last week, a California court ruled court ruled in the Bounthon et al. v. The Procter & Gamble Co. matter (case number 3:23-cv-00765, in the U.S. District Court for the Northern District of...
View ArticleFederal Circuit: Claim Construction Not Forbidden Per Se at Motion to Dismiss...
On October 18, 2024, the Federal Circuit issued a precedential decision in UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024), addressing, in relevant part, the propriety of claim...
View ArticleNinth Circuit Panel Hears Oral Argument on the NLRB’s Transformative Cemex...
On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.) heard oral argument on...
View ArticleArtists’ Copyright Infringement Suit Against AI Companies Can Proceed
In 2023, visual artists Sarah Andersen, Kelly McKernan, and Karla Ortiz filed a class action lawsuit against several Artificial Intelligence (AI) companies, alleging that the companies’ various AI...
View ArticleINVISIBLE DATA, REAL CONSEQUENCES: Navigating the IP Consent Dilemma
Greetings CIPAWorld!I’m back with another exciting case to put on your radar. So, what’s the scoop? On the surface, Vishal Shah v. Fandom, Inc. might seem like a straightforward dispute over some lines...
View ArticleCOURT REFUSES TO EXTEND CIPA: Dismisses Privacy Claim Arising From Marketing...
Digital marketers in California can breathe a sigh of relief in light of the dismissal of a putative class action lawsuit against The Gap, Inc (“Gap”). The case, Ramos v. The Gap, Inc., Case No....
View ArticleGEMINI Spells Double Trouble for Google’s AI: Gemini Data, Inc. Sues for...
Gemini Data, Inc., a data analytics company that leverages artificial intelligence (AI) technologies, has filed a federal complaint against Google LLC in the US District Court for the Northern District...
View ArticleNinth Circuit Continues to Clarify When Reference to Back Label is...
The U.S. Court of Appeals for the Ninth Circuit has continued to clarify when a court can consider the back label of a product in connection with a false advertising claim. Misleading label...
View ArticleOrganic Food Group Asks 9th Circuit to Upend GMO Label Rule
An organic food industry advocacy group has asked the Ninth Circuit to reverse a district court decision upholding USDA’s implementation of the National Bioengineered Food Disclosure Standard, saying...
View ArticleFRIENDLY FIRE?: Court Allows American Honda Finance to Sue its Own Customer...
It seems like wrong number TCPA class actions are all the rage again.I recently wrote about Assurance IQ’s $20+MM TCPA settlement that likely lead to the company being shuttered. That was all about...
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