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November 05, 2024
How The Patent System May Look After Trump's Return
The U.S. Patent and Trademark Office during Donald Trump's first term as president focused on making the invalidation of patents more difficult, and attorneys say his second administration is likely to do the same following his projected reelection.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
California's $18 Minimum Wage Initiative Too Close To Call
In the early morning hours on Wednesday, it was still too close to call whether California voters would approve an initiative to increase the statewide minimum wage from the current floor of $16 an hour to $18 an hour, with votes against the measure slightly ahead.
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November 05, 2024
Ex-Morgan Lewis Atty Unseats Progressive LA DA Gascón
Los Angeles and San Francisco voters delivered a blow to the progressive prosecution movement on Tuesday, with tough-on-crime candidate Nathan Hochman unseating incumbent LA County District Attorney George Gascón and incumbent San Francisco DA Brooke Jenkins beating a prosecutor who once worked under Chesa Boudin's leadership.
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November 05, 2024
Voters Pass Medicaid Tax In Calif., Support IVF Coverage In Ill.
A tax on managed care organizations in California and an Illinois advisory question supporting access to in vitro fertilization won voter approval Tuesday as state-level ballot measures were set to shape healthcare policy across the country, according to unofficial election returns.
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November 05, 2024
Electors Explicitly Restrict Noncitizen Voting In 8 States
Voters across eight states approved Republican-backed ballot measures to amend state constitutions barring noncitizens from voting in state and local elections.
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November 05, 2024
California Voters Reject Cities' Rent Control Authority
California voters on Tuesday rejected Proposition 33, a ballot initiative that would have expanded local governments' authority to enact rent control measures but that opponents argued would have made the state's housing crisis worse.
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November 05, 2024
Calif. Enacts Prop. 3, Enshrining Same-Sex Marriage Rights
California voters passed Proposition 3 on Tuesday, amending the state's constitution to recognize the fundamental right to marry regardless of sex or race and removing language inserted by the 2008 Proposition 8 ballot measure that said marriage is only between a man and a woman.
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November 05, 2024
Calif. Managed Care Tax Made Permanent By Ballot Measure
California's tax on managed healthcare insurance plans to fund the state's Medi-Cal health program has been made permanent following voter approval of a proposition on Tuesday.
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November 05, 2024
Peet's Sinks ADA Bias Suit Over Alt Milk Surcharge, For Now
A California federal judge on Tuesday freed Peet's Coffee from a proposed class action accusing it of discriminating against customers with lactose intolerance and milk allergies by levying a surcharge for non-dairy milk alternatives, saying customers who sued failed to show that only disabled customers would incur the extra cost.
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November 05, 2024
FTC Says Dave Mobile Banking App Deceives Customers
The Federal Trade Commission on Tuesday accused mobile banking app Dave of misleading customers about the actual amount of cash advance they're likely to receive while also charging them undisclosed fees, including "tips" via a guilt-inducing interface, according to a complaint filed in California federal court.
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November 05, 2024
Apple Stole Masimo Sensor IP, Calif. Judge Told At Trial's Start
Masimo and Cercacor Laboratories' counsel told a California federal judge at the opening of a bench trial Tuesday that after Apple struggled to implement blood oxygen sensors in a watch, the tech giant poached their employees and stole their trade secrets to get this key health technology into the Apple Watch.
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November 05, 2024
Nunes Can Search Maddow's Devices In Defamation Suit
A New York federal judge reopened discovery Monday in former Rep. Devin Nunes' defamation suit accusing Rachel Maddow of improperly implying that the California Republican failed to give authorities a package from a suspected Russian agent, saying the MSNBC host's personal devices can be subject to a limited search.
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November 05, 2024
'Fat Leonard' Gets 15 Years For Navy Bribery Scheme
Leonard Francis, the Malaysian defense contractor and ex-fugitive known as "Fat Leonard" who led a sprawling bribery scheme that authorities say caused over $20 million in losses for the U.S. Navy, was sentenced Tuesday in California federal court to 15 years behind bars, the U.S. Department of Justice said.
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November 05, 2024
Justices Urged To Take Up 9th Circ. Sesame Oil TM Decision
The U.S. Supreme Court is being asked to take up a Ninth Circuit ruling that disfavored an India-based sesame oil company, with the company arguing that the circuit court ignored high court precedent, resulting in "a constitutional error" in its trademark infringement case and causing a Lanham Act violation.
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November 05, 2024
LA City Hall RICO Corruption Witness Gets Home Confinement
A California federal judge showed leniency Tuesday toward a cooperating government witness in the corruption probe of Los Angeles City Hall and sentenced the former real estate consultant to 12 months of home confinement on a racketeering charge, saying a joint recommendation of the more restrictive home detention is too harsh.
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November 05, 2024
Feds Say Girardi's Behavior At Trial Shows He Is Competent
Prosecutors told a California federal judge on Tuesday that Tom Girardi should not receive a new trial following his conviction for misappropriating $15 million in client settlement funds, saying the disbarred attorney's arguments that he was not competent to stand trial are completely undercut by his behavior during the trial.
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November 05, 2024
Manhattan DA Says Calif. Art Owner Can't Stop Looting Probe
The Manhattan District Attorney's Office has told a judge that a California art collector is improperly using federal litigation to interfere with an ongoing grand jury investigation into whether his ancient Roman statue was stolen from Turkey.
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November 05, 2024
Google Escapes Play Store Gift Card Scam Suit, For Now
A California federal judge on Monday tossed a woman's proposed class action accusing Google of profiting millions of dollars stolen from victims of Google Play gift card scams but rejected the tech giant's contention that the woman was subject to a heightened pleading standard for claims predicated on fraud.
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November 05, 2024
Groups Lose Early Bid To Undo Calif. Climate Disclosure Laws
A California federal judge rejected the U.S. Chamber of Commerce and other business groups' attempt to block California's corporate climate disclosure rules before discovery, ruling Tuesday that discovery is needed for the court to answer whether the laws facially violate the First Amendment.
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November 05, 2024
Texas Rebar Giant CMC Hit With $110M Antitrust Verdict
A California federal jury hit Commercial Metals Co. with a $110 million antitrust verdict on Tuesday, finding the Texas rebar giant liable for multiple antitrust violations and awarding Pacific Steel Group millions of dollars in lost profits and other damages.
Expert Analysis
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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2nd Circ. Provides NY Pathway For Fighting Foreign Infringers
A recent decision from the U.S. Court of Appeals for the Second Circuit provides a road map for expeditiously obtaining personal jurisdiction in New York against foreign trademark infringers based on a single purchase of counterfeit goods, meaning the Second Circuit could now be the preferred venue for combating foreign infringement, says Jeffrey Ratinoff at Spencer Fane.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Compliance Considerations For Calif. Child Labor Audit Law
California employers will need to conduct a fact-intensive analysis to determine whether a new state law that imposes transparency rules for child labor audits applies to their operations, and should look out for regulatory guidance that answers open questions about deadlines and penalties, says Sylvia St. Clair at Faegre Drinker.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Sublimit And Policy Interpretation Lessons From Amtrak Case
The recently settled dispute between Amtrak and its insurers over sublimit coverage illustrates that parties with unclear manuscript policies may wish to avoid litigation in favor of settlement — as the New York federal court declined to decide the case by applying prior term interpretations, says Laura Maletta at Chartwell Law.
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Harris Unlikely To Shelve Biden Admin's Food Antitrust Stance
A look at Vice President Kamala Harris' past record, including her actions as California attorney general, shows why practitioners should prepare for continued aggressive antitrust enforcement, particularly in the food and grocery industries, if Harris wins the presidential election, says Steve Vieux at Bartko.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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New Law May Move Calif. Toward Fashion Sustainability
California’s recently signed Responsible Textile Recovery Act seeks to increase sustainability innovation in the fashion industry, but it could also create compliance hurdles for brands, especially smaller fashion houses that do not have ample resources, say Warren Koshofer and Maggie Franz at Michelman & Robinson.
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Politics In California Workplaces: What Employers Must Know
As the election looms, it is critical that California employers ensure their compliance with state laws providing robust protections for employees' political activity — including antidiscrimination laws, off-duty conduct laws, employee voting leave laws and more, say Bradford Kelley and Britney Torres at Littler.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.