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California
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September 18, 2024
Telecom Co. PLDT Gets Final OK For $3M Investor Settlement
A California federal judge has given final approval to a $3 million deal settling investor allegations that Philippine telecommunications company PLDT Inc. hid an $866 million budget overrun, giving class counsel a $750,000 cut of the deal.
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September 18, 2024
Universal Studios Skimped On Workers' Pay, Suit Says
Universal Studios Hollywood shorted nonexempt employees on all wages owed to them by failing to pay them for necessary pre- and post-shift tasks, and neglected to provide workers with adequate meal and rest periods, a proposed class action filed in California state court said.
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September 18, 2024
Jury Finds Eatery Owner Guilty Of COVID Fraud, Tax Crimes
A San Diego restaurant owner who worked with food delivery services during the pandemic and saw his business improve was convicted by a California federal jury of tax crimes and lying on loan applications to obtain more than $1.7 million in COVID-19 funds meant for struggling businesses.
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September 18, 2024
NCAA Must Give Up Control To Reach Suitable NIL Settlement
The date set by a California federal judge for the NCAA and the athletes suing it over name, image and likeness compensation to iron out issues with their proposed $2.78 billion settlement is fast approaching, and according to experts, a rational solution that would satisfy the two sides and the law might not exist.
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September 18, 2024
Pillsbury Brings Back Ex-Covington Insurance Pro In LA
Pillsbury Winthrop Shaw Pittman LLP has welcomed back in Los Angeles a former Covington & Burling LLP of counsel who has guided commercial policyholders on insurance coverage matters for over two decades and has recovered $1 billion from insurers for his clients.
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September 18, 2024
California Powerhouse: Morrison Foerster
Morrison Foerster LLP's roots run deep in California, and it continued to cultivate a reputation as an innovative client advocate this past year as it helped OpenAI defend against authors' copyright infringement claims and advised Wachtell Lipton Rosen & Katz in defending its $90 million legal bill to X Corp.
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September 18, 2024
Calif. Atty Can't Escape Billing Scandal's Hacking Claim
A San Fernando Valley attorney will have to face his ethics case that alleges he tried to hire "Israeli military hackers" to access personal accounts of a judge overseeing a public utility class action, after the California State Bar court rejected his motion to dismiss.
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September 18, 2024
Senate Confirms Calif. Judge To Federal Bench
The Senate voted 49-44 on Wednesday to confirm Judge Michelle Williams Court to the Central District of California.
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September 18, 2024
Gibson Dunn Loses Fee Fight With Ex-Partner
Gibson Dunn & Crutcher LLP must pay an additional $141,000 in legal fees to ex-partner and hotshot appellate attorney Mark A. Perry, on top of the roughly $585,000 the firm owes him after losing a legal battle over his departure to Weil Gotshal & Manges LLP.
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September 18, 2024
Calif. Gov. Signs Suite Of Bills Combating AI Deepfakes
California Gov. Gavin Newsom on Tuesday signed five first-in-the-nation artificial intelligence-related bills giving actors more protections over their digital likenesses and reining in the use of AI-generated deepfakes during elections.
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September 18, 2024
Weinstein Pleads Not Guilty To New Sex Assault Charge
Harvey Weinstein pled not guilty to a new sexual assault indictment in Manhattan state court on Wednesday as he faces a November retrial after his earlier New York rape conviction was vacated.
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September 18, 2024
GSK Inks 2 Calif. Zantac Deals
GlaxoSmithKline LLC on Wednesday said that it had reached two settlements in California state court over allegations that its heartburn drug Zantac had caused cancer, although the company did not disclose the deal amounts.
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September 18, 2024
Netflix's 'Varsity Blues' Setback Puts Media On Watch
Netflix Inc.'s failure to bring about dismissal of a defamation suit brought by a private equity executive tied to the "Varsity Blues" college admissions case is a warning to media companies when blurring the line between documentary and drama, experts told Law360.
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September 18, 2024
9th Circ. Breathes New Life Into Swimmers' Boycott Suit
The Ninth Circuit has revived a class action from the International Swimming League and a trio of competitive swimmers accusing the sport's global governing body of orchestrating a de facto boycott of the upstart league, overruling a district court that threw out the case.
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September 18, 2024
Silvergate Bank Parent Co. Files Ch. 11, Plans Liquidation
The parent company of shuttered cryptocurrency-focused bank Silvergate filed for Chapter 11 protection in Delaware on Tuesday with plans to wind down and liquidate its remaining assets.
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September 17, 2024
Bible Tabs Maker Says Chinese Co. Sold Amazon Dupes
The maker of Bible index tabs has sued a Chinese company allegedly selling knock-offs on Amazon that copy the brand's "expressive, ornamental and distinctive floral designs."
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September 17, 2024
2nd Circ. Lets American Girl Doll Counterfeit Case Proceed
The Second Circuit on Tuesday held that doll manufacturer American Girl LLC could move ahead with its New York federal suit accusing a China-based company of selling counterfeit versions of its dolls, finding that American Girl showed the defendant transacted business in the state.
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September 17, 2024
Ford Barred From Using InterMotive Mark After $13M Verdict
A Michigan federal judge permanently barred Ford Motor Co. from using the name of a California tech company's vehicle control module, following last year's jury award of more than $13 million to the tech maker for infringement by Ford.
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September 17, 2024
Flowers For Miley? Not Without Bruno Mars, Suit Says
Singer Miley Cyrus is accused of lifting extensively from Bruno Mars' popular song "When I Was Your Man" to create her hit "Flowers," according to a copyright suit in California federal court that also targets Sony, Apple, Disney and several others.
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September 17, 2024
Ex-Worker Suing Over Bonuses Backed Axing Them, X Says
X Corp. urged a California federal court to reject a former director's bid to certify a class that could exceed 2,000 members in his suit accusing it of reneging on promised bonuses after Elon Musk took over, saying the former employee was the one who axed the bonuses in the first place.
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September 17, 2024
Pryor Cashman Taps NY Litigator As Next Managing Partner
A New York-based litigator will be the new managing partner of Pryor Cashman LLP starting next year, capping off a nearly 30-year journey at the firm that he began as an associate.
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September 17, 2024
PAGA Claim On Unpaid Wages Dismissed In Joint Agreement
A computer technician and an IT Services Company have agreed to dismiss the remaining representative claim in an unpaid wages case that raised questions about the interplay between California's Private Attorneys General Act and arbitration.
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September 17, 2024
Tech Co. Takes Shot At Brooklyn Nets Over 'Netaverse' Use
The Brooklyn Nets have damaged the reputation of hardware and software technology company Phinge Corp. by unlawfully using the phrase "netaverse," which Phinge has been using since 2022, for the team's virtual reality services, according to a new trademark infringement lawsuit lodged in California federal court.
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September 17, 2024
Google Taps In-House Atty For Head Of General Litigation
Google has promoted a longtime in-house attorney to be its head of general litigation, tapping a 13-year veteran of the tech giant who originally studied architectural engineering before going to law school.
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September 17, 2024
Licorice Maker KLN Defeats 'Naturally Flavored' Deception Suit
A California federal judge has dismissed a proposed class action lawsuit alleging the manufacturer of Wiley Wallaby falsely advertised the licorice as "naturally flavored," finding the suit lacked particularity in alleging that the malic acid used in the product was artificial.
Expert Analysis
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Airlines Must Prepare For State AG Investigations
A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Opinion
Climate Change Shouldn't Be Litigated Under State Laws
The U.S. Supreme Court should reverse the Hawaii Supreme Court's October decision in Honolulu v. Sunoco that Hawaii could apply state law to emissions generated outside the state, because it would lead to a barrage of cases seeking to resolve a worldwide problem according to 50 different variations of state law, says Andrew Ketterer at Ketterer & Ketterer.
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Measuring Early Impact Of Rule 702 Changes On Patent Cases
Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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What's Notable In JAMS' New Mass Arbitration Rules
The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller.
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5 Climate Change Regulatory Issues Insurers Should Follow
The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.
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'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea
Prosecutors’ recent move in the “Fat Leonard” bribery case, supporting several defendants’ motions to withdraw their guilty pleas, is extremely unusual – and its contrast with other prosecutions demonstrates that the procedural safeguards at plea hearings are far from enough, says Sara Kropf at Kropf Moseley.
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PE In The Crosshairs Of Public And Private Antitrust Enforcers
A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling
In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.