Washington

  • July 24, 2024

    Boeing, DOJ Finalize 737 Max Plea Deal

    The Boeing Co. has finalized its agreement to plead guilty to conspiring to defraud safety regulators about the 737 Max 8's development, avoiding a criminal trial over a pair of deadly crashes in 2018 and 2019, according to a U.S. Department of Justice court filing Wednesday evening.

  • July 24, 2024

    FTC Chair Wary AI Tools Can Be Used For Corporate Collusion

    Federal Trade Commission Chair Lina Khan weighed in on a host of topics during a discussion Wednesday at the Ninth Circuit Judicial Conference, expressing concerns about the agency's high legal bills for expert witnesses and describing AI price-setting tools as a potential loophole for collusion.

  • July 24, 2024

    Solicitor General Warns Against Feds 'Winning At All Costs'

    U.S. Solicitor General Elizabeth Prelogar underscored the importance of the federal government ensuring justice is served and not "winning at all costs" during a keynote speech Wednesday at the Ninth Circuit Judicial Conference, defending the DOJ's changed position in a high court case concerning a criminal defendant's right to a jury trial.

  • July 24, 2024

    DHS Settles Fight Over Docs On Detained Immigrant Abuse

    The U.S. Department of Homeland Security has settled a University of Washington lawsuit seeking documents that could shed light on human rights abuses on federal immigration detainees and others subject to deportation, the parties told a Washington federal judge.

  • July 24, 2024

    9th Circ. Wants Migrant's Credibility Reviewed After Atty Trick

    A split Ninth Circuit panel has ordered an immigration judge to reconsider a Chinese asylum seeker's credibility, saying Wednesday that they incorrectly deemed her untruthful based on her flustered behavior after a government attorney gave her information that turned out to be false.

  • July 24, 2024

    Judge Sets Up 2-Tier Counsel Access In DOJ Live Nation Suit

    A New York federal judge on Tuesday set up a two-tiered system for document access in the U.S. Department of Justice's antitrust lawsuit against Live Nation and Ticketmaster, limiting sensitive information from other market participants from Live Nation in-house counsel.

  • July 24, 2024

    Intelsat Insider Trading Claims Don't Connect, 9th Circ. Rules

    The Ninth Circuit on Wednesday affirmed a lower court's dismissal of claims accusing satellite company Intelsat stakeholders of insider trading, saying the suing hedge funds did not properly plead that the shareholders possessed material nonpublic information at the time of their trades.

  • July 24, 2024

    Milliman 401(k) Class Hangs Onto Cert. After Bench Trial Loss

    A Washington federal judge will keep a class of Milliman 401(k) plan participants intact despite rejecting their claims that Milliman mismanaged their retirement funds, after the lead plaintiff and the company agreed certification should be preserved as the court enters its final judgment.

  • July 24, 2024

    GOP States Still Can't Intervene In Wash. Abortion Pill Suit

    The Ninth Circuit rejected a bid by Idaho and other Republican-led states to intervene in Washington's lawsuit seeking to expand access to the abortion pill mifepristone, ruling Wednesday the states lacked standing and only speculated about how they were injured.

  • July 24, 2024

    Ex-Boeing VP Joins Perkins Coie As Litigation Partner

    Perkins Coie LLP has hired a corporate executive from The Boeing Co. as a partner in its Seattle office to focus on critical litigation and arbitration, the firm announced Tuesday.

  • July 23, 2024

    Kroger And Colo. Talks To Avoid Merger Hearing Stall Out

    Negotiations between Kroger Co. and Colorado enforcers to avoid an injunction hearing in the state's challenge to a $24 billion merger with Albertsons appeared to have stalled, prompting the grocers Tuesday to pitch a state judge on other options to avoid the fast-approaching proceeding.

  • July 23, 2024

    BIA Wraps Up Search For Brothers' Ancestral Records

    Two elderly brothers' dispute with the Bureau of Indian Affairs over allegations the agency failed to turn over ancestral information that could prove the brothers' lineage to an Alaska Native village may be resolved soon. 

  • July 23, 2024

    Families Seek Class Cert. In Premera Teen Trans Care Case

    The families of transgender teens are seeking class certification in a case accusing Premera Blue Cross of age and sex discrimination after denying coverage for gender-affirming chest surgery because the teens are under 18, according to a motion filed in Washington federal court.

  • July 23, 2024

    Microsoft Calls FTC Price Hike Claims 'Misleading' At 9th Circ

    Microsoft pushed back against the Federal Trade Commission's contention that an increase in the company's gaming subscription pricing is evidence of the anticompetitive effects of the software giant's $68.7 billion acquisition of game developer Activision Blizzard Inc., calling the commission out for trying to "reinvent" its case against the merger on appeal to the Ninth Circuit.

  • July 23, 2024

    9th Circ. Denies Woman's Derivative US Citizenship Claim

    A Mexican woman facing deportation cannot claim to be a U.S. citizen despite her mother's naturalization, a split Ninth Circuit ruled Tuesday, saying her father's voluntary acknowledgment of paternity thwarted her citizenship claim.

  • July 23, 2024

    Wash. AG Says 'Abortion Reversal' Clinic's Suit Still Deficient

    Washington state's attorney general said Monday an anti-abortion clinic group being investigated for marketing an "abortion reversal pill" cannot blame his two-year-old document demands for a recent insurance rate hike, pushing a Tacoma federal judge to reject the group's legal effort to shield itself from future consumer protection enforcement.

  • July 23, 2024

    FTC Attys On Kroger Case Get Extensions After IT Outage

    The administrative law judge overseeing the Federal Trade Commission's in-house challenge to Kroger and Albertsons' $25 billion merger has given the agency and the grocery behemoths two extra days on a couple of filing deadlines after the FTC said the worldwide Microsoft outage left several counsel laptops unusable.

  • July 23, 2024

    Oshkosh Says USPS Followed NEPA With New Vehicle Plan

    Oshkosh Defense joined the U.S. Postal Service in firing back at environmentalists and a coalition of 17 states' attempt to secure judgment in litigation protesting the agency's decision to replace its aging delivery fleet with only 62% electric vehicles, saying the group's challenge threatens to undermine such a significant transformation.

  • July 23, 2024

    Wash. Justices Decline 9th Circ. Request in Uber Murder Case

    Washington State's Supreme Court has declined to answer a certified question from the Ninth Circuit over whether Uber Technologies Inc. had a duty to use reasonable care to protect one of its drivers who was murdered in a carjacking.

  • July 23, 2024

    Funds Say Boeing Can't Ditch 737 Max Securities Suit

    Pension funds leading a proposed securities fraud suit against Boeing have fired back at the airline manufacturer's attempt to dismiss allegations that it misled investors about the safety of its 737 Max jets, saying the suit sufficiently showcases how missteps by Boeing's top brass diminished shareholder value.

  • July 23, 2024

    Firm Says Rival's Trademark Merely 'Common Spanish Phrase'

    A Houston-based immigration law firm wants claims trimmed in a suit brought by a rival Washington state firm claiming unfair competition and trademark violation, also filing a counterclaim for declaratory judgment that calls the supposed trademark a "common Spanish phrase."

  • July 22, 2024

    Wash. Atty Accused Of Offering Witness Incentive Resigns

    A Washington attorney has resigned after he was accused of offering a witness a substantial financial incentive to back his clients who were seeking millions of dollars in damages in a civil suit, according to a Washington State Bar Association document.

  • July 22, 2024

    Insurer Says Bank Must Pay Its $1.1M Drawdown Request

    A surety for an oil and gas operator that has recently sought Chapter 11 protection told a Washington federal court that a bank has repeatedly failed to hold up its end of an "irrevocable letter of credit," alleging the bank owes it over $1.1 million.

  • July 22, 2024

    9th Circ. Affirms Dismissal Of Calif. Virus Coverage Suit

    The Ninth Circuit affirmed the dismissal Monday of a California event operators' COVID-19 insurance coverage dispute after the state's Supreme Court determined in May that the virus doesn't cause the type of property damage needed to trigger coverage.

  • July 22, 2024

    Live Nation Says Seattle Wrong Forum For Shooting Case

    Live Nation wants to change the venue for a lawsuit filed in the wake of fatal shootings at Washington's Gorge Amphitheatre, according to a motion accusing the victims' families of forum shopping and releasing a prejudicial press release to taint a potential Seattle jury pool.

Expert Analysis

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • A Look At State AGs Supermarket Antitrust Enforcement Push

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    The ongoing antitrust intervention by state attorneys general in the proposed Kroger and Albertsons merger suggests that states are straying from a Federal Trade Commission follow-on strategy in the supermarket space, which involved joining federal investigations or lawsuits and settling for the same divestment remedies, say attorneys at Troutman Pepper.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • State Licensing Pitfalls Mortgage Servicers Must Beware

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    A recent enforcement action from the Washington Department of Financial Institutions demonstrates how subtle distinctions in state mortgage servicer licensing laws may come as a surprise to some companies, even if they never directly receive payments or interact with borrowers, says Clayton Swears at Hudson Cook.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Why High Court Social Media Ruling Will Be Hotly Debated

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    In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Constitutional Protections For Cannabis Companies Are Hazy

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    Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.

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