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California
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October 24, 2024
LA County DA Moves To Trim Menendez Brothers' Sentences
Los Angeles County District Attorney George Gascón announced Thursday that he's filing to reduce the life sentences of Erik and Lyle Menendez for murdering their parents in 1989, a move that could make the brothers immediately eligible for parole.
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October 24, 2024
Trade Orgs Back Google's Bid For 9th Circ. Play Store Pause
Trade groups and cybersecurity experts have told the Ninth Circuit to extend the pause on the mandate forcing Google to open up its Play Store and help rival app stores compete through that distribution mechanism, backing Google with amicus briefs warning of major disruptions to the app ecosystem.
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October 24, 2024
Cooper Hefner's $100M Bid To Buy Playboy Brand Is Rejected
The owner of Playboy, PLBY Group Inc., has turned down a reported $100 million offer from Cooper Hefner, the youngest son of late founder Hugh Hefner, to buy the Playboy brand, stating Thursday that the bid is too low.
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October 24, 2024
Va. Judge Won't Block Feds' Nonprofit Disclosure Law
A Virginia federal judge on Oct. 24 refused to stop the U.S. Department of the Treasury from enforcing a law that requires nonprofits such as community associations to disclose personal identifying information about their beneficial owners and applicants to a Treasury agency that focuses on stopping financial crimes.
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October 24, 2024
Bumble App Wants To Dump Straight Women's Bias Suit
Bumble asked a California federal judge Wednesday to throw out a lawsuit alleging the dating app discriminates against straight women by requiring them to make the first move, saying the complaint "betrays a troubling irony" in perpetuating gender-based stereotypes that antidiscrimination laws were designed to prevent.
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October 24, 2024
EPA Agrees To Review Nitrogen Oxides Standard By 2028
The U.S. Environmental Protection Agency said Thursday that it would revisit its national ambient air quality standards for nitrogen oxides by 2028 under a proposed consent decree reached with conservation groups.
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October 24, 2024
UCLA Strikes Out On Bid To Join Row Over Baseball Facility
A California federal judge rejected The Regents of the University of California's bid to intervene in a class action filed by disabled, homeless military veterans who accused the federal government of misusing a Los Angeles campus that they claim was intended for housing veterans.
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October 24, 2024
Scam PAC Uses Rick Scott's Name To Trick Donors, Suit Says
The National Republican Senatorial Committee has filed a false advertising and likeness misappropriation complaint in California federal court accusing a political action committee of fraudulently fundraising millions of dollars in contributions from unwitting donors who think they're supporting prominent conservative lawmakers like Sen. Rick Scott.
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October 24, 2024
LinkedIn Intercepts Health Info On CityMD's Site, User Says
LinkedIn was hit with a proposed invasion-of-privacy class action on Wednesday in California federal court that accused the social network platform of illegally intercepting users' sensitive health information when they book medical appointments through CityMD's website, then selling the data for targeted advertising.
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October 24, 2024
ACLU Sues Feds For Info On Immigrant Detention
The American Civil Liberties Union Foundation has filed a lawsuit against federal agencies overseeing immigrant detention in California federal court, seeking records that it says would shed light on how immigrant detention could be expanded.
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October 24, 2024
Bayer Hit With False-Ad Suit Over Malic Acid In Vitamins
Bayer is falsely advertising its Flintstones sour gummy vitamins as being free of artificial flavors, a California woman alleged in a proposed class action filed Wednesday in state court, saying the multivitamin supplement meant for children actually gets its sour flavor from synthetic malic acid.
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October 24, 2024
Willkie-Led Ingram Micro Rejoins Markets After $409M IPO
Private equity-backed technology products distributor Ingram Micro Holding Corp. rallied in debut trading on Thursday, marking the company's return to public markets following a $409 million initial public offering, represented by Willkie Farr & Gallagher LLP and underwriters' counsel Cahill Gordon & Reindel LLP.
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October 24, 2024
Elon Musk Escapes Vote-Buying Claims In RICO Suit
Elon Musk has dodged claims in a Racketeering Influenced and Corrupt Organizations Act lawsuit that his attempts to drive up voter registration in swing states by holding a million-dollar giveaway are unlawful, with a California federal judge ruling the allegations had nothing to do with the rest of the case.
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October 24, 2024
Pillsbury Brings On Former Federal Prosecutor In San Diego
Pillsbury Winthrop Shaw Pittman LLP is expanding its West Coast litigation team to meet increased client demand, announcing Thursday it is bringing in a former assistant U.S. attorney as counsel in its San Diego office.
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October 24, 2024
Private Enforcer Sues LA-Area Immigration Consulting Firm
A California organization that acts as a private enforcer of state rules that govern immigration consulting companies has sued a Los Angeles-area business, claiming it falsely presented itself to the public as an immigration law firm.
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October 24, 2024
Crowe & Dunlevy Hires Oklahoma City IP Law Professor
Crowe & Dunlevy has picked up a politically ambitious intellectual property professor from Oklahoma City University School of Law who has previously worked as a litigator for nonpracticing entities and as a patent examiner.
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October 24, 2024
Baker McKenzie Reps Acuity Brands On $1.2B QSC Buy
Industrial technology company Acuity Brands Inc., advised by Baker McKenzie, on Thursday announced plans to buy Proskauer Rose LLP-led audio, video and control company QSC LLC in a $1.215 billion deal.
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October 23, 2024
Split 9th Circ. Says Asylum 'Metering' Policy Flouts US Law
A split Ninth Circuit panel on Wednesday said federal immigration law requires U.S. officials to inspect asylum-seekers at the border, rejecting the Biden administration's argument that noncitizens must be physically standing on U.S soil to claim asylum.
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October 23, 2024
Roman Polanski Settles Claim He Raped Teenage Girl In 1973
Film director and convicted sex offender Roman Polanski has reached a settlement with a woman who says he raped her when she was a teenage girl more than 50 years ago, leading to the dismissal of her lawsuit filed in California court, attorneys for both parties told Law360 on Wednesday.
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October 23, 2024
SEC Says Kraken Can't Get Quick Appeal Of Dismissal Denial
The U.S. Securities and Exchange Commission said cryptocurrency exchange Kraken shouldn't get a quick review of its failed bid to dismiss the regulator's registration suit because the firm's "reinterpretation" of how securities laws apply to digital assets has been broadly rejected by district courts.
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October 23, 2024
Common Ownership Dooms Bids For 9 Low-Power Stations
The Federal Communications Commission said it is not approving nine applications for new low-power FM stations because the entities that applied for them appear to actually all be part of the same organization, which violates the agency's rules on owning multiple stations.
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October 23, 2024
Biden Names Judicial Nominees For Calif. Courts
President Joe Biden on Wednesday announced two new judicial nominees for the Central District of California and Southern District of California, picks that include a Los Angeles County judge and federal magistrate judge.
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October 23, 2024
Acer Wants To Erase $10M Verdict Over Computer Monitor IP
Taiwan's Acer Inc. wants to wipe out a jury's $10.3 million award for U.S. rival SVV Technology Innovations Inc. over optical-film patents for monitors, telling a Texas federal judge a new trial is needed.
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October 23, 2024
Firms Ask DC Court To Nix 'Retaliatory' Canadian Arbitrations
Two plaintiffs' law firms are urging a D.C. federal court to bar the operators of two allegedly illegal online casinos from pursuing "retaliatory" arbitrations in Canada against their clients, arguing they're trying to bully clients into submitting to a non-U.S. friendly arbitral institution.
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October 23, 2024
Full 9th Circ. Passes On SF Nurses' Salary Basis Case
The full Ninth Circuit said Wednesday it won't reconsider a panel's ruling that it wasn't clear whether a group of San Francisco city nurses in two consolidated cases were paid on a salary basis and could therefore be considered overtime-exempt.
Expert Analysis
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Utilizing Liability Exemption When Calif. Cities Lease Property
With rising costs pushing California municipalities to lease real estate assets instead of purchasing them, municipalities should review the ample case law that supports certain exceptions to California Constitution Section 18(a) requirements, providing that certain long-term lease obligations are not considered to be liabilities, says Steven Otto at Crosbie Gliner.
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.
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Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits
Two recent decisions from California federal courts regarding novel Employee Retirement Income Security Act claims around 401(k) forfeitures provide early tea leaves for companies that may face similar litigation, offering reasons for both optimism and concern over the future direction of the law, say Ashley Johnson and Jennafer Tryck at Gibson Dunn.
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3 Policyholder Tips After Calif. Ruling Denying D&O Coverage
A California decision from June, Practice Fusion v. Freedom Specialty Insurance, denying a company's claim seeking reimbursement under a directors and officers insurance policy for its settlement with the Justice Department, highlights the importance of coordinating coverage for all operational risks and the danger of broad exclusionary policy language, says Geoffrey Fehling at Hunton.
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Loss Causation Ruling Departs From Usual Securities Cases
A California federal court recently dismissed Ramos v. Comerica, finding that the allegations failed to establish loss causation, but the reasoning is in tension with the pleading-stage approaches generally followed by both courts and economists in securities fraud litigation, say Jesse Jensen and Aasiya Glover at Bernstein Litowitz.
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PAGA Reforms Encourage Proactive Employer Compliance
Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
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.
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What FTX Case Taught Us About Digital Asset Recoverability
FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.
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Series
Serving In The National Guard Makes Me A Better Lawyer
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.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
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.
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Synapse Bankruptcy Has Ripple Effects For Fintech Industry
Synapse Financial Technologies’ recent bankruptcy filing marks a significant moment in the fintech industry's evolution, highlighting that stringent compliance and risk management in fintech partnerships are essential to mitigate risk and protect consumers, say Joann Needleman and Ryan Blumberg at Clark Hill.
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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.