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California
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August 06, 2024
9th Circ. Won't Rehear Ex-Uber Driver's Race Bias Suit
The Ninth Circuit on Tuesday refused to grant en banc rehearing to a former Uber driver after a three-judge panel found he failed to support his allegations that the ride-hailing giant's rating system is racially biased.
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August 06, 2024
9th Circ. Remands $12.8M Award In 'Joint Juice' False Ad Suit
The Ninth Circuit on Tuesday affirmed a California federal jury's finding that the maker of Joint Juice misled customers about the drink's health benefits, but it held in a published opinion that $8.3 million in statutory damages had to be recalculated to determine whether the award violated the maker's due process rights.
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August 06, 2024
Judge Sees No Chance For Ashli Babbitt Case Transfer Appeal
Ashli Babbitt's husband is contesting a California federal court's transfer of her estate's wrongful death suit to the District of Columbia, asking the D.C. federal judge who now has the case to send it back in order to give him a chance to appeal the transfer order.
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August 06, 2024
Girardi Used Client Funds As 'Personal Piggy Bank,' Jury Told
The prosecution and defense painted starkly different portraits of Tom Girardi during opening statements Tuesday in the disbarred attorney's criminal fraud trial, with a California federal prosecutor saying Girardi stole millions from vulnerable clients while his lawyer described him as an "old man" losing his memory and exploited by an underling.
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August 06, 2024
Zelle Fraud Victims Seek Class Cert. In BofA Refunds Suit
Consumers suing Bank of America NA for allegedly stiffing them on reimbursement for Zelle fraud and scam losses asked a California federal judge to grant class action status to their case, seeking certification for several classes of customers with denied refund claims from the past four years.
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August 06, 2024
4 Takeaways From Landmark Google Search Ruling
A landmark ruling in D.C. federal court Monday found that Google illegally maintains its search engine monopoly, and experts say the case could have broad implications for the company as well as the wider internet and shows how existing antitrust laws can apply to modern technology.
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August 06, 2024
Baby Sock Co. Can't Beat Investor Suit, But SPAC Brass Can
Digital baby monitoring device manufacturer Owlet Inc. cannot escape a suit accusing it of misleading investors about approvals required from the U.S. Food and Drug Administration to sell its "smart socks," but brass at a blank check company that it merged with will be allowed to exit the suit.
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August 06, 2024
Fed. Circ. Told Edwards Filed Safe Harbor Suit With Bad Intent
The Federal Circuit rightfully held Meril Life Sciences was protected by a patent safe harbor when bringing its preapproval transcatheter heart valve system to an industry conference and that Edwards Lifesciences' attempts to prove otherwise are just delay tactics, Meril told the full court.
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August 06, 2024
Anti-Rape Org. Told To Turn Over Docs In Uber Assault MDL
A D.C. federal judge on Tuesday directed the Rape, Abuse and Incest National Network to produce documents in response to a subpoena seeking information about the anti-sexual violence organization's work with Uber Technologies Inc. as part of multidistrict litigation in California over the sexual assault of Uber passengers.
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August 06, 2024
Tech Giants' Fight To Ax Fintiv Rule Returns To Fed. Circ.
Apple and three other major technology companies have again asked the Federal Circuit to abolish a rule allowing the Patent Trial and Appeal Board to refuse to review patents based on related litigation in court, saying it is unlawful because it was implemented without formal rulemaking.
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August 06, 2024
9th Circ. Kills Trustee Fee Refunds After Justices' Ruling
The Ninth Circuit on Tuesday reversed a district court decision that granted a partial refund of $600,000 in fees a tobacco distributor paid to the U.S. Trustee's Office, noting that the U.S. Supreme Court found in June that a disparity in fees paid by debtors in different jurisdictions was not to be remedied by returning overpayments.
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August 06, 2024
Investment Adviser Must Face Union Fund's $30M ERISA Suit
A union pension fund has carried its $30 million Employee Retirement Income Security Act lawsuit against an investment advisory firm past the motion-to-dismiss phase on its second try, with a California federal judge holding that the fund qualified for an extension to its deadline to sue over pre-2016 conduct.
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August 06, 2024
Truckers Association Challenges AB 5 At 9th Circ.
A trade association representing small trucking businesses told the Ninth Circuit that California's classification test in Assembly Bill 5 will obliterate the lease owner-operator system, urging the panel to flip a federal court's decision keeping the law running.
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August 06, 2024
Fed. Circ. Knocks Out Scottish Search Co.'s Patent Case
A Scottish tech company failed to breathe new life into patents that cover supposed advances in reverse image searching on the internet when the Federal Circuit on Tuesday ended its suit against a different, more successful rival.
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August 06, 2024
San Diego Bar Taps Longtime Biz Leader As Exec Director
The San Diego County Bar Association has hired a new executive director, bringing in a former San Diego chamber of commerce president to serve as its new head.
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August 06, 2024
Funko Settles Derivative Litigation In Delaware, California
Pop culture lifestyle brand Funko Inc. has agreed to resolve derivative claims in multiple stockholder suits in California federal court and Delaware's Court of Chancery by implementing corporate governance reforms and paying up to $2.15 million to plaintiffs' attorneys, the company has announced.
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August 06, 2024
AI Security Biz Sets Sights On IPO After $5.1B Valuation
Artificial intelligence company Abnormal Security, advised by Cooley LLP, announced Tuesday that it has hit a $5.1 billion valuation after closing its Series D funding round with $250 million in tow.
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August 06, 2024
More Training Needed On SF Encampment Rule, Judge Says
A California federal magistrate judge has partially sided with homelessness advocates and San Francisco residents accusing the city and county of violating the U.S. and state constitutions by destroying homeless residents' self-made encampments and forcing them out of the city with citations, fines and arrests.
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August 06, 2024
Solar Tech Co. SunPower Hits Ch. 11 With $2B Of Debt
Residential solar technology company SunPower Corporation filed for Chapter 11 protection in Delaware with more than $2 billion of funded debt obligations and plans for an asset sale.
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August 05, 2024
Elon Musk Can't Beat Twitter Investors' Suit Over Bot Claim
A California federal judge on Monday denied Elon Musk's bid to escape a shareholder suit alleging he misled Twitter investors by claiming the company had to provide information on an alleged bot problem before he could move forward with his $44 billion acquisition, saying Musk leaned on already-rejected arguments.
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August 05, 2024
Chamber, Others Back 9th Circ. Ax Of Shopify Privacy Row
The U.S. Chamber of Commerce and several tech trade groups are among those pushing the full Ninth Circuit to affirm the toss of a proposed class action accusing Shopify of unlawfully collecting shoppers' sensitive information, arguing that overriding the decision would unfairly allow plaintiffs to sue online businesses in any court across the country.
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August 05, 2024
Kia Atty Reduced To 'Monty Python' Knight By Tentative Order
Kia and Hyundai's attorney told a California federal judge Monday that his tentative order denying the companies' motion to dismiss Chicago's claims in multidistrict litigation over car thefts left him feeling like the knight in "Monty Python and the Holy Grail" who loses his arms and legs but keeps fighting.
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August 05, 2024
Coinbase Broke Campaign Finance Laws, Crypto Critics Say
Crypto exchange Coinbase violated campaign finance laws when it donated $25.5 million to political action committees while negotiating a federal contract, prominent crypto critics told a federal election watchdog — a claim the firm's legal chief has staunchly denied.
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August 05, 2024
EBay Resists Calif. Damages In Mass. Stalking Case
Married Massachusetts bloggers who were stalked and terrorized by eBay Inc. employees shouldn't be able to seek punitive damages available under California law while having Massachusetts law otherwise govern liability for their myriad civil claims, the e-commerce giant is arguing.
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August 05, 2024
Insurers Can't Escape Coverage For Russian-Seized Aircraft
A group of insurers can't escape covering one of the largest aircraft lessors for aircraft seized by the Russian government, a California state court ruled, agreeing with the company that even a temporary seizure of its property constitutes physical loss for coverage purposes.
Expert Analysis
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The Current State Of Healthcare Transaction Reviews In Calif.
As of April, certain healthcare transactions in California have been subject to additional notification compliance requirements, and complying with these new rules could significantly delay and discourage some deals, says Andrew Demetriou at Husch Blackwell.
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Big Banks Face Potential Broader Recovery Plan Rules
The Office of the Comptroller of the Currency's recent call for potentially subjecting more banks to recovery planning standards would represent a significant expansion of the scope of the recovery guidelines, and banks that would be affected should assess whether they’re prepared, say attorneys at Debevoise.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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What Companies Should Consider Amid Multistate AG Actions
The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.
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Atmospheric Rivers: Force Majeure Or Just A Rainy Day?
As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Best Practices For Chemical Transparency In Supply Chains
A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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Opinion
Flawed Fintiv Rule Should Be Deemed Overreach In Tech Suit
A pending federal lawsuit over the U.S. Patent and Trademark Office's unilateral changes to key elements of the America Invents Act, Apple v. Vidal, could shift the balance of power between Congress and federal agencies, as it could justify future instances of unelected officials unilaterally changing laws, say Patrick Leahy and Bob Goodlatte.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Emerging Trends In ESG-Focused Securities Litigation
Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.
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5 Steps To Navigating State Laws On Healthcare Transactions
As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.