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California
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August 01, 2024
Lewis Brisbois Slams RICO Claims Alleging 'Sham' Suits
Lewis Brisbois Bisgaard & Smith LLP has urged a California federal judge Tuesday to toss Chinese investors' accusations that its attorneys filed lawsuits to cover their failure to read "draconian" contract terms that led the investors to lose their $92.5 million stake in a $2.5 billion Los Angeles mixed-used development.
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August 01, 2024
Sidley Launches New San Diego Office With Five Partners
Sidley Austin LLP has opened a new office in San Diego, with five partners specializing in a range of areas including mergers and acquisition, venture capital and global finance, marking the global law firm's fifth office in the Golden State, the firm announced Thursday.
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August 01, 2024
NFL Sacks $4.7B Sunday Ticket Verdict With Post-Trial Win
A California federal judge on Thursday overturned a Los Angeles jury's $4.7 billion verdict against the National Football League for violating antitrust laws with its Sunday Ticket television package, granting the league a post-trial win by finding that the plaintiffs' damages experts presented "flawed methodologies."
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August 01, 2024
Calif. AG Says States Opposing 'Clean Fleets' Law Tout EVs
California's Attorney General Rob Bonta looked to slam the brakes Wednesday on a legal challenge brought by 16 states against the Golden State's Advanced Clean Fleets regulation, saying the complaint must be dismissed for lack of standing because the states themselves are encouraging electric vehicle production.
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August 01, 2024
Conservation Groups Take Aim At ESA Regs
Conservation groups are asking a California federal judge to throw out Endangered Species Act regulations put forward earlier this year, claiming federal agencies shortchanged their environmental review duties and moved ahead with changes that will harm the imperiled plants and animals the statute is supposed to protect.
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August 01, 2024
MultiPlan, Insurance Cos. Must Face Collusion MDL In Illinois
The Judicial Panel on Multidistrict Litigation on Thursday centralized in Chicago six class actions challenging the MultiPlan pricing tools that healthcare providers allege are used by UnitedHealth, Aetna, Cigna and other major insurers to systematically underpay out-of-network providers, with more than a dozen similar lawsuits potentially tagging along.
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August 01, 2024
Google Beats RNC's Claims It Censored Fundraising Emails
A California federal judge on Wednesday tossed the Republican National Committee's lawsuit accusing Google of being politically motivated and violating the state's Unfair Competition Law by sending RNC fundraising emails to Gmail users' spam folders, finding the conduct may be unfair in a "colloquial" sense, but is not illegal.
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August 01, 2024
Calif. Jury Clears Bayer In Flea And Tick Med Antitrust Suit
A California federal jury on Thursday cleared Bayer of allegations that it owes millions for cutting anticompetitive deals with pet product retailers to undermine competition from generics makers of flea and tick treatments for dogs.
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August 01, 2024
Boeing, Spirit Aerosystems Escape Calif. Door Blowout Suit
A California federal judge on Wednesday tossed Boeing and supplier Spirit AeroSystems from a product liability lawsuit brought by passengers aboard the Alaska Airlines flight that experienced a midair door plug blowout in January, finding that the Golden State court lacks jurisdictional authority over two of the three defendants.
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August 01, 2024
AI-Focused Chipmaker Cerebras Confidentially Files IPO Plans
Silicon Valley-based artificial intelligence startup Cerebras Systems Inc. said Thursday it has confidentially filed plans for an initial public offering with the U.S. Securities and Exchange Commission, joining other AI-linked companies in the IPO pipeline.
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August 01, 2024
Duane Morris Atty Says White Men Get Unfair Leg Up On Pay
A Black attorney sued Duane Morris LLP in California federal court, alleging the firm systemically underpaid female and nonwhite attorneys while also engaging in an employee misclassification scheme that allowed it to offload firm expenses onto nonequity partners.
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August 01, 2024
Journalist Don Lemon Hits X, Musk Over Axed Talk Show Deal
Elon Musk and his social media platform X unlawfully plied former CNN anchor Don Lemon with "false promises and representations" to reel him into a partnership to produce a talk show and other exclusive content, then proceeded to unceremoniously cancel the deal before it could get off the ground, the journalist alleged in a lawsuit filed Thursday.
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August 01, 2024
AliveCor Asks 9th Circ. To Revive Apple Watch Antitrust Case
Medical monitoring startup AliveCor Inc. told the Ninth Circuit that Apple Inc. should not be immunized from antitrust claims over the removal of access to heart rate data on the Apple Watch because the change was intended to block competition and not improve the device.
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August 01, 2024
NLRB Prosecutors Make Employee Case For USC Athletes
National Labor Relations Board prosecutors urged an agency judge to find that players on the University of Southern California's football and basketball teams are employees under federal labor law, arguing their status as students doesn't mean they aren't workers.
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August 01, 2024
IAM Local, Car Dealership Settle Secondary Boycott Suit
An International Association of Machinists local and a Mercedes-Benz dealership told a California federal judge Wednesday that they've reached a deal to end claims that union-represented workers violated federal labor law by blocking a delivery truck from exiting a dealership during a strike.
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August 01, 2024
JPML Won't Form MDL Of 35 Acne Product Benzene Suits
The Judicial Panel on Multidistrict Litigation on Thursday declined to consolidate 35 suits alleging Johnson & Johnson Consumer Inc., CVS Pharmacy Inc., Target Corp. and others sold acne products that could break down into the carcinogen benzene, saying they don't have enough in common to warrant an MDL.
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August 01, 2024
Chipotle Bundled 'Service Fee' With Tax To Hide It, Suit Says
Chipotle customers filed a proposed false advertising class action in California federal court Wednesday accusing the fast-casual Mexican chain of tacking on secret "eye-popping service fees" bundled with a "tax" for online delivery orders at the end of the checkout process that purportedly ends up in Chipotle's own coffers.
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August 01, 2024
9th Circ. Says Vegas Casino Pilots Are Exempt From OT
Five corporate pilots for a Las Vegas casino performed non-manual labor and are therefore exempt from overtime requirements under federal law, the Ninth Circuit ruled Thursday, upholding a Nevada federal court's decision.
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August 01, 2024
Pot Co. Says City Ignored Order To Review App In $14M Suit
A California cannabis business is suing the city of Chula Vista for nearly $14 million, saying it failed to properly review and score its application for a cannabis license despite orders to do so from a state appeals court.
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August 01, 2024
Insurer Wants Quick Win In NBA Team's Virus Coverage Suit
The Sacramento Kings' insurer said it is entitled to an early win in a coverage dispute over pandemic-related losses that the basketball team and its arena operator incurred, telling a California federal court that the losses don't meet the policy requirement of "physical loss or damage" to property.
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August 01, 2024
White House Defends 6th Circ. Nom Against Tenn. Senator
The Senate Judiciary Committee approved seven judicial nominees on Thursday, including one for the Sixth Circuit under fire from her home-state senators.
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August 01, 2024
Calif. Tribe Can't Toss Casino Card Check Award, For Now
A California tribe's bid to nix an arbitration award over an authorization card check process with UNITE HERE can't proceed for now, a federal judge ruled, saying the tribe's counsel didn't discuss the motion with the union's attorney before submitting it.
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August 01, 2024
Senate Passes Bill To 'Systematically' Increase Judgeships
The Senate passed a bipartisan bill Thursday by voice vote to create 66 new and temporary judgeships to help federal courts handle increasing workloads.
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August 01, 2024
Medtronic Still Faces Chancery Claim In Fortis' InPen Suit
Delaware's Court of Chancery has trimmed a suit that stockholders' representative Fortis Advisors LLC filed against Medtronic Minimed Inc. after its 2020 acquisition of insulin pen manufacturer Companion Medical Inc., tossing claims related to a missed milestone but keeping one about a withheld escrow payment.
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August 01, 2024
Meet 3 Legal Industry Pros At The Paris Olympics
Legal professionals who work or have worked at firms like Mayer Brown, Crowell & Moring and Pinsent Masons are participating in this year's Olympic Games as a runner, a field hockey player and a water polo referee.
Expert Analysis
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9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims
In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.
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Breaking Down DOJ's Individual Self-Disclosure Pilot Program
The U.S. Department of Justice’s recently announced pilot program aims to incentivize individuals to voluntarily self-disclose corporate misconduct they were personally involved in, complementing a new whistleblower pilot program for individuals not involved in misconduct as well as the government's broader corporate enforcement approach, say attorneys at Paul Weiss.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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How To Prepare As Employee Data Reporting Deadlines Near
As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.
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What Have We Learned In The Year Since Warhol?
In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says Jose Sariego at Bilzin Sumberg.
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Sorting Circuit Split On Foreign Arbitration Treaty's Authority
A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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Patent Lessons From 8 Federal Circuit Reversals In March
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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First 10b5-1 Insider Trading Case Raises Compliance Issues
The ongoing case against former Ontrak CEO Terren Peizer is the U.S. Department of Justice's first insider trading prosecution based primarily on the filing of 10b5-1 plans, and has important takeaways for attorneys reviewing corporate policies on the possession of material nonpublic information, say attorneys at Cadwalader.
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Calif. Housing Overhaul May Increase Pressure On Landlords
Two recently enacted California laws signal new protections and legal benefits for tenants, but also elevate landlords' financial exposure at a time when they are already facing multiple other hardships, says Laya Dogmetchi at Much Shelist.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Navigating Kentucky's New Consumer Privacy Law
On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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The Shifting Landscape Of Physician Disciplinary Proceedings
Though hospitals have historically been able to terminate doctors' medical staff privileges without fear of court interference, recent case law has demonstrated that the tides are turning, especially when there is evidence of unlawful motivations, say Dylan Newton and Michael Horn at Archer & Greiner.
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Oracle Ruling Underscores Trend Of Mootness Fee Denials
The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.