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California
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October 07, 2024
Title Co. Denied Early Win In $13M Hotel Investment Fight
A California federal judge declined to grant a title company an early win in a lawsuit brought by an investor accusing it of improperly releasing the investor's $13 million contribution to a 17-hotel deal, finding that a dispute remained over multiple factual issues.
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October 07, 2024
T-Mobile Contractor's $27M Phone Order Suit Gets Cancelled
A Washington federal judge has again thrown out a mobile phone manufacturer's $27 million lawsuit accusing T-Mobile of reneging on purchase orders — this time, for good — ruling the company's revised claims are still at odds with the carrier's contractual right to cancel.
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October 07, 2024
Vendor Says Rue21 Skipped $2M In Bills For Clothing
A Los Angeles-based clothing supplier has sued Rue21, saying the fashion retailer stiffed it on $300,000 worth of invoices and is on the hook for $1.7 million to another vendor.
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October 07, 2024
Ex-CEO Of Tribal Telecom Co. Indicted For $500K Fund Theft
A former executive with a telecommunications company owned by the Yurok Tribe has been indicted by a San Francisco federal grand jury on charges she embezzled more than $500,000 from the tribe.
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October 07, 2024
Target's '100% Pure' Avocado Oil Not So Pure, Suit Says
Target customers hit the retailer with a putative class action in California federal court alleging its line of Good & Gather avocado oil is not 100% pure as the label suggests, and instead may contain additives like other lesser quality oils.
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October 07, 2024
Calif. Landlord Sued By Tenants Over 'Hidden' Rent Fees
A California multifamily landlord responsible for over 60,000 apartments wrongfully charged tenants "hidden and misleading" rent fees, a proposed class of tenants has claimed in California federal court.
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October 07, 2024
Brothers' $10B Real Estate Battle Nets Another $11.6M In Fees
A California judge granted over $11 million in attorney fees Monday to a man who prevailed in a 20-year legal battle with his brother over a real estate empire when a jury awarded him and his other brothers a $10 billion verdict, granting the bulk of the request.
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October 07, 2024
Epic Judge Orders Google To Let Rivals Set Up App Stores
A California federal judge on Monday ordered Google to offer third-party options for downloading apps on Android phones, banned it from offering companies financial incentives to discourage competition with Google Play and blocked it from signing developer deals to have an app launch first or exclusively in its app store.
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October 07, 2024
9th Circ. Nixes Judicial Complaint Over Atty 'Disbar' Threat
The Ninth Circuit has rejected a judicial misconduct complaint against a judge who allegedly suggested that he could "disbar" a lawyer.
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October 07, 2024
Justices Won't Review 9th Circ. Case On Service Issue
The U.S. Supreme Court declined on Monday to review a Ninth Circuit decision enforcing an arbitral award favoring a Los Angeles-based film production company over a 2020 Jessica Chastain movie, in a case that raised a technical question relating to service of process on foreign parties.
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October 07, 2024
NCAA Wins Preliminary OK For Revised $2.78B NIL Settlement
A California federal judge on Monday preliminarily approved the NCAA's revised $2.78 billion antitrust settlement with athletes suing over the organization's name, image and likeness compensation rules.
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October 07, 2024
Steam Gamer Wants Sheppard Mullin Atty Back As Arbitrator
A Los Angeles man who joined an antitrust action against Valve Corp., the company behind online video-game store Steam, has brought a petition in Los Angeles Superior Court seeking to reinstate a Sheppard Mullin lawyer as arbitrator for dozens of California litigants, arguing his disqualification came too late and was otherwise unfounded.
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October 07, 2024
High Court Passes On Warehouse Worker Arbitration Bid
The U.S. Supreme Court refused on Monday to take up an appeal by a staffing agency that argued a worker who moved Adidas merchandise in a warehouse didn't fall under a federal exemption from arbitration requirements and should have his wage suit kicked out of court.
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October 07, 2024
Kirkland, Ropes Build $2B Take-Private Of Calif. Wine Maker
Los Angeles-based private equity shop Butterfly Equity, led by Kirkland & Ellis LLP, on Monday announced plans to buy and take private Ropes & Gray LLP-advised North American luxury wine maker The Duckhorn Portfolio in an all-cash deal that values the company at roughly $1.95 billion.
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October 07, 2024
Justices Reject Hotel's Challenge To Anti-Union Bias Ruling
The U.S. Supreme Court declined Monday to review a Ninth Circuit ruling that said the National Labor Relations Board relied on ample evidence when it found a Los Angeles hotel used a renovation as cover to ditch its workers' union.
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October 07, 2024
Class Members Who Missed Payout Won't Go Before Justices
The U.S. Supreme Court won't hear a challenge to a secondary class action settlement distribution of more than $5 million from two class members in an airline price-fixing suit, denying their petition to review a Ninth Circuit ruling that the objectors lacked standing to question the distribution Monday.
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October 07, 2024
Justices Reject 5-Hour Energy's Attack On Unfair Pricing Test
The U.S. Supreme Court rejected the maker of 5-Hour Energy's petition to review a Ninth Circuit test for deciding whether companies are in competition with one another in price discrimination cases Monday, allowing the circuit court's revival of a suit brought by wholesalers to stand.
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October 07, 2024
High Court Rejects Pleas To Hear 7 Patent Cases
The U.S. Supreme Court on Monday turned down seven petitions seeking review of decisions in patent cases, including appeals dealing with double patenting, patent eligibility and Patent Trial and Appeal Board procedures.
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October 07, 2024
Justices Seek SG Input On Red State Bid To End Climate Torts
The U.S. Supreme Court on Monday asked the U.S. Solicitor General to weigh in on a request by red states to nix climate change torts brought by blue state governments against fossil fuel companies, signaling its growing interest in the future of such cases.
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October 07, 2024
Justices Won't Weigh Uber, Lyft Arbitration Fights
The U.S. Supreme Court declined on Monday to consider whether California must arbitrate with Uber and Lyft over the state's claims that the companies misclassified drivers as independent contractors instead of employees.
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October 07, 2024
Justices Spurn 'Chicken-And-Egg' Green Card Process
The U.S. Supreme Court on Monday said it won't review a Ninth Circuit decision finding that the federal government had wide latitude to consider the availability of employment-based visas before approving green card applications.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
SEC Says It's Investigating Bankrupt EV Maker Fisker
The U.S. Securities and Exchange Commission said Friday that it's been looking into whether electric-car maker Fisker Inc. violated securities law before it filed for Chapter 11 protection, urging a Delaware federal bankruptcy judge not to approve Fisker's proposed liquidation plan.
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October 04, 2024
Jury Finds Cognizant Biased Against Non-Indian Workers
A California federal jury found Friday that Cognizant Technologies engaged in a "pattern or practice" of intentional discrimination against a class of non-South Asian and non-Indian employees who were terminated, setting the stage for a second phase that will determine damages against the IT giant.
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October 04, 2024
Rebel Wilson Says 'The Deb' Producers Embezzled, Harassed
Rebel Wilson has responded to defamation claims from the producers of the musical film "The Deb" with a countersuit in California state court, alleging that the producers engaged in "a troubling pattern of egregious and illicit behaviors, including theft, bullying and sexual misconduct" while involved with the film.
Expert Analysis
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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Calif. Web Tracking Cases Show Courts' Indecision Over CIPA
Several hundred cases filed to date, and two recent conflicting rulings, underscore California courts' uncertainty over whether the use of web analytics tools to track users' website interactions can give rise to a violation of the California Invasion of Privacy Act, says Patricia Brum at Snell & Wilmer.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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What Junk Fee Law Means For Biz In California And Beyond
Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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9th Circ. COVID 'Cure' Case Shows Perks Of Puffery Defense
The Ninth Circuit's March decision in a case surrounding a company's statements about a potential COVID-19 cure may encourage defendants to assert puffery defenses in securities fraud cases, particularly in those involving optimistic statements about breakthrough drugs that are still untested, say attorneys at Cahill Gordon.
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After Years Of Popularity, PAGA's Fate Is Up In The Air
The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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CFPB's Expanding Scope Evident In Coding Bootcamp Fine
The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.
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And Now A Word From The Panel: Watch The MDL Calendar
One of the most fascinating features of the Judicial Panel on Multidistrict Litigation's practice is the regularity of its calendar, which can illuminate important timing considerations, says Alan Rothman at Sidley.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How AI Cos. Can Cope With Shifting Copyright Landscape
In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.