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August 23, 2024
Messner Reeves Commercial Litigator Jumps To Gordon Rees
A former Messner Reeves LLP partner has jumped to Gordon Rees Scully Mansukhani LLP in San Diego to bolster its services in product and general liability matters, catastrophic brain injury cases and commercial litigation.
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August 23, 2024
Delaware Lets Ventis Move Pacira's False Ad Suit To Calif.
Ventis Pharma Inc., a pharmaceutical company developing nonopioid anesthetics, got a federal court's approval Friday to move a false advertising lawsuit filed by competitor Pacira BioSciences Inc. from Delaware to California, where Ventis is based.
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August 23, 2024
Business Or Home? The $1M Question, Judge Says
A family-run company that spent $7.3 million on a house overlooking San Francisco Bay may have used it for business and so the family's trust could be entitled to a $1 million tax refund for related operating losses, a Florida federal judge said.
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August 23, 2024
On Final Night Of DNC, Prosecutors Ruled The Stage
Vice President Kamala Harris invoked her experience as a prosecutor and an attorney general in her speech Thursday night in Chicago accepting the Democratic nomination for president.
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August 23, 2024
Taxation With Representation: Latham, Wachtell, Paul Weiss
In this week's Taxation With Representation, Arch Resources merges with Consol Energy in a deal worth $5.2 billion, Advanced Micro Devices agrees to purchase ZT Systems for $4.9 billion, and Japanese tobacco company JT Group inks a deal to buy Vector Group for $2.4 billion.
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August 23, 2024
DOJ Sues RealPage For Helping Fix Rental Rates
The U.S. Department of Justice filed an antitrust lawsuit Aug. 23 accusing RealPage of helping residential landlords across the country fix rental prices through the use of its revenue management software.
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August 22, 2024
Authors Can't Use Discord Chats In Meta AI Copyright Suit
A California federal judge Thursday granted Meta Platforms Inc.'s request for an order shielding a former part-time researcher's communications on Discord from discovery requests in authors' proposed class copyright action over Meta's artificial intelligence product, holding that the communications pertain to legal advice.
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August 22, 2024
Calif. Justices Revive PwC's $2.5M Sanction Against LA
The California Supreme Court on Thursday unanimously restored a $2.5 million sanction sought by PwC against the city of Los Angeles for pervasive discovery misconduct in an underlying utility billing fight, finding that the trial court had the authority to impose monetary sanctions under the state's Code of Civil Procedure.
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August 22, 2024
Calif. Justices OK Argentine Atty's Uber Fraud Fight
California justices gave an Argentinian lawyer a green light Thursday to pursue allegations that Uber fraudulently hid crucial information as he represented Uber before its Buenos Aires launch, clarifying that his tort fraudulent-concealment claim is not necessarily barred by the so-called economic loss doctrine if his employment contract never contemplated the alleged fraud.
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August 22, 2024
9th Circ. Revives Suit Over App-Maker's Anti-Bullying Pledge
The Ninth Circuit on Thursday revived a lawsuit against anonymous messaging app-maker Yolo Technologies over claims it didn't enforce its commitment to reveal and ban users who harass and bully others, finding Yolo repeatedly promised to do so, but never did, "and may have never intended to."
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August 22, 2024
9th Circ. Revives Military Bias Claims Against Alaska Airlines
The Ninth Circuit on Thursday revived a class action alleging Alaska Airlines illegally denied accrued vacation and sick time to pilots on military assignments, saying the case now has the benefit of a decision from the court in a similar case involving the airline.
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August 22, 2024
9th Circ. Won't Force Yellow Corp. Bias Suit Into Arbitration
The Ninth Circuit refused Thursday to kick a former Yellow Corp. employee's disability discrimination lawsuit to arbitration, ruling the agreement the worker signed was improperly lopsided in favor of his employer and had to be scrapped.
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August 22, 2024
Larry Flynt's Widow Asks 9th Circ. To End Calif. Cardroom Law
The widow of late pornography mogul Larry Flynt and two other cardroom operators urged the Ninth Circuit on Thursday to invalidate California statutes barring certain out-of-state casino investors from holding a state cardroom license, arguing the law interferes with interstate commerce and that's "a straight-up violation of the Constitution."
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August 22, 2024
Williams-Sonoma Infringes Fabric TMs, Michigan Co. Claims
A supplier of moisture-resistant textiles and fabric treatments sued Williams-Sonoma Inc. in Michigan federal court Thursday, alleging the retailer is infringing three trademarks with its Pottery Barn furniture.
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August 22, 2024
Consumers Will Appeal Tossed Apple Web App Antitrust Case
Consumers have told a California federal court they plan to appeal the dismissal of a case accusing Apple of violating antitrust law by preventing iPhones from running web-based apps, instead of amending the proposed class action.
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August 22, 2024
9th Circ. Rebuffs Crypto Law Firm's Bid To Revive SEC Suit
A Ninth Circuit appeals panel said Thursday that a California federal judge was right to toss a crypto-focused law firm's preemptive challenge to the U.S. Securities and Exchange Commission since the firm failed to show it faced any "realistic danger" of catching an enforcement case over its use of the ethereum network.
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August 22, 2024
Debtors Claim $3M Award Is Tainted By Fraud In China
Two Chinese debtors said to owe nearly $3 million under an arbitral award issued to an investment company in the People's Republic of China have asked a California federal court to vacate an order enforcing the award earlier this year, saying the company participated in criminal fraud.
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August 22, 2024
Calif. Panel Backs Arbitration Denial In Staffing Co. Wage Suit
A California state appeals court refused to ship to arbitration a worker's lawsuit accusing a staffing agency of unlawfully miscalculating his sick leave wages, saying the arbitration pact he signed promised that all Private Attorneys General Act claims will be litigated in court.
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August 22, 2024
Comedians Duel With Pandora For Joke Copyright Victories
A group of comedians and companies that licensed their routines has urged a California federal judge to grant it partial summary judgment against Pandora Media LLC for copyright infringement on the same day that the company argued it should come out on top because it has implied "pass-through licenses" to broadcast those routines.
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August 22, 2024
California Fires Back At Red State Attacks On Climate Torts
California and a contingent of blue states told the U.S. Supreme Court that their climate change torts against fossil fuel companies are on solid legal ground and that an effort by Alabama and other red states to undercut them must be rejected.
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August 22, 2024
Calif. Atty Can't Beat Sanctions In Geragos Malpractice Suit
A California state appeals court on Wednesday affirmed $23,000 in sanctions for discovery violations on the part of a lawyer representing clients in a malpractice case against Hollywood litigator Mark Geragos.
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August 22, 2024
IT Staffing Co. Can't Push Unpaid OT Suit Into Arbitration
A California federal judge refused to send to arbitration a class action accusing a tech staffing company of underpaying recruiters by misclassifying them as overtime-exempt, saying the company's establishment of the arbitration pact two years into the litigation was misleading and unfair.
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August 22, 2024
Tom Girardi Takes The Stand In His Criminal Fraud Trial
Disbarred attorney Tom Girardi took the stand Thursday in his California federal fraud trial and denied stealing from any of his clients, while also showing a strong grasp of past events and people but claiming to have no memory of the trial's witnesses and key moments, or to even know his own lawyer's name.
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August 22, 2024
Mike Lynch's Path From Tech Founder To DOJ Target
Friends and colleagues paid tribute to Mike Lynch following his death in a yachting accident on Thursday, hailing the British tech entrepreneur for the decades he spent furthering the industry despite the legal troubles that threatened to overshadow his career.
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August 22, 2024
'Beloved By Everyone': Attys Recall Clifford Chance's Morvillo
Clifford Chance LLP partner Christopher Morvillo, who died this week after a luxury yacht he was on sank off the coast of Sicily, is being remembered not only as a lion of the legal community but also as an "extraordinary human being" and a "Renaissance man" who was devoted to his family.
Expert Analysis
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California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
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.
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Why Justices Should Rule On FAA's Commerce Exception
The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.
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Tricky Venue Issues Persist In Fortenberry Prosecution Redo
Former Rep. Jeff Fortenberry was recently indicted for a second time after the Ninth Circuit tossed his previous conviction for improper venue, but the case, now pending in the District of Columbia, continues to illustrate the complexities of proper venue in "false statement scheme" prosecutions, says Kevin Coleman at Covington.
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Series
Solving Puzzles Makes Me A Better Lawyer
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.
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Opinion
'Trump Too Small' Ruling Overlooks TM Registration Issues
The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
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.
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6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth
Following the U.S. Department of Justice’s first-ever criminal prosecution over telehealth-prescribed controlled substances in U.S. v. Ruthia He, healthcare providers should be mindful of the risks associated with restricting the physician-patient relationship when crafting new business models, says Jonathan Porter at Husch Blackwell.
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
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.
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Expect The Unexpected: Contracts For Underground Projects
Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.
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How To Clean Up Your Generative AI-Produced Legal Drafts
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.
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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Constitutional Protections For Cannabis Companies Are Hazy
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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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.