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California
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August 27, 2024
Ex-NBA Star Says Sports Agency Enforced Invalid Contract
Former National Basketball Association player Nemanja Bjelica on Tuesday accused sports talent agency Wasserman Media Group LLC of trying to enforce a representation agreement he never signed after he announced his plans to retire from the league and return home to Europe.
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August 27, 2024
'Real Martha' Of 'Baby Reindeer' Says Netflix Must Face Suit
A Scottish lawyer who alleges that Netflix's "Baby Reindeer" series defamed her through its portrayal of a violent stalker character urged a California federal judge Monday not to toss her lawsuit, arguing that the hate mail and death threats she's received prove that the public believes that the portrayal of her is true.
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August 27, 2024
Wells Fargo Says 'Good Faith' Efforts Ax Investors' Bias Suit
Wells Fargo & Co. urged a California federal judge Tuesday to toss a derivative lawsuit filed by a putative class of shareholders claiming the bank's board of directors failed to address its discriminatory lending and hiring practices, saying there's evidence of "good-faith" efforts to monitor compliance in those areas.
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August 27, 2024
'ER' Creator's Widow Says Warner Bros. Ripped Off Show
The widow of late "ER" creator Michael Crichton on Tuesday accused Warner Bros. Television of abandoning talks to reboot the popular hospital television series, only to turn around and launch a ripped-off version called "The Pitt," a move she called a "brazen disregard" of Crichton's estate's rights.
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August 27, 2024
Tile, Stalking Victims Asked To Weigh In On Appellate Ruling
A San Francisco federal judge mulling tracking device manufacturer Tile Inc.'s bid to arbitrate some claims that its Bluetooth trackers are dangerous because they empower stalkers asked the parties at a hearing Tuesday to brief her on the effect of a recent California appellate court decision regarding arbitrability.
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August 27, 2024
9th Circ. Says Pakistani Man Didn't Show 'Good Faith' Marriage
The Ninth Circuit has ruled a Pakistani citizen looking to overcome a removal order couldn't show he married a U.S. citizen in good faith, saying in a published opinion that his contention was foiled by an immigration judge's "fatal" adverse credibility finding.
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August 27, 2024
X Wins Dismissal of Former Workers' Sex Bias Suit, For Now
A California federal judge agreed to throw out former X Corp. workers' suit claiming Elon Musk's takeover of the company formerly named Twitter caused women to lose their jobs, but the judge gave the workers another opportunity to amend their claims.
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August 27, 2024
Capital One Accused Of Selling Account Data To Meta, Google
A group of Golden State consumers have hit Capital One Financial Corp. with a proposed class action in California federal court, alleging that the financial giant surreptitiously disclosed the personal financial information of millions of consumers to Meta Platforms Inc., Google LLC, Microsoft Corp. and other third parties without consumers' consent.
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August 27, 2024
Take Another Look At Video Game Patent, Vidal Tells PTAB
The director of the U.S. Patent and Trademark Office says a split administrative patent board got a phrase wrong when it ruled in April not to institute a review of a video game patent, ordering it to rethink its decision.
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August 27, 2024
Reddit Beats Pay-Per-Click Advertising Class Action, For Now
Reddit Inc. has defeated, for now, LevelFields Inc.'s proposed contract breach class action alleging that it charged advertising customers for fake "clicks" that didn't result in corresponding traffic to the advertiser's website after a California federal judge said Tuesday that the plaintiff doesn't identify specific contractual provisions it thinks Reddit violated.
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August 27, 2024
Baby Sound Machine Co. Sued Over Shock Hazard Recall
A parent has launched a proposed class action against Hatch, a California-based manufacturer of sound machines for sleeping, claiming its plugs can shock users.
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August 27, 2024
Self-Driving Truck Co. Inks $189M Deal To End Investor Suit
Self-driving trucking company TuSimple Holdings Inc. has agreed to pay $189 million to settle a class action lawsuit alleging it misled investors about its safety record and payments to a Chinese rival that opened it up to U.S. government investigations, according to a filing in California federal court.
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August 27, 2024
Bank Seeks To End Claims It Mismanaged Treasury Program
A bank is seeking to permanently dismiss a suit accusing it of misleading an investor about its oversight of a U.S. Department of Treasury contract, saying despite amending its case three times, the investor hasn't connected any sustained stock loss to contract issues.
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August 27, 2024
ITC To Look Into Infineon's Patent Claims Against Innoscience
The U.S. International Trade Commission launched an investigation Tuesday into certain semiconductor devices and products that use gallium nitride technology after semiconductor manufacturer Infineon Technologies accused China-based chipmaker Innoscience of infringing several patents.
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August 27, 2024
9th Circ. Says Inference Foils Mexican Man's Removal Fight
The Ninth Circuit refused to revive a Mexican-born man's removal order challenge, saying in a published opinion that an Arizona federal court was allowed to choose an unfavorable inference that his mother couldn't transmit U.S. citizenship to him.
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August 27, 2024
Car-Sharing Co. Turo Accused Of Shirking Own Arb. Terms
California-based car-sharing company Turo has been hit with a proposed class action in Illinois federal court claiming it violated its own terms of service by refusing to arbitrate consumers' disputes or pay its required portion of the arbitration filing fees.
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August 27, 2024
Salesforce To Pay $1.35M To 50K-Plus ERISA Class
Salesforce will pay $1.35 million to more than 50,000 employees who accused the company, its board and its investment committee of violating the Employee Income Retirement and Security Act by picking expensive investment options and underperforming funds, according to a preliminary approval motion filed in California federal court.
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August 27, 2024
Disney Wipes Out Verdict In Movie Graphics Copyright Suit
Walt Disney Pictures does not have to pay hundreds of thousands of dollars in copyright infringement damages a jury said it owes to a digital-effects company after a California federal judge overturned the verdict and granted the entertainment company a post-trial victory.
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August 27, 2024
Calif. Panel Won't Block Sanctions Over Firm's Anti-SLAPP Bid
A California appeals court has upheld a trial court's denial of an anti-SLAPP motion in a lawsuit alleging a partner in one law firm tried to misappropriate fees won in an overtime suit by another law firm where he was also a partner.
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August 27, 2024
Hip-Hop Label Misclassified, Underpaid Performers, Suit Says
Rapper DaBaby's hip-hop label misclassified performers as independent contractors to avoid paying them overtime and minimum wages and dictated when they were allowed to eat and use the bathroom, according to a proposed class action filed in California state court.
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August 27, 2024
Google Privacy Class Action Delays Irk Discovery Judge
A California federal judge expressed frustration Tuesday with discovery delays in a years-old class action alleging Google Assistant-enabled devices surreptitiously recorded conversations, telling attorneys they've already "been around and around and around" on discovery fights, and "we need to keep this moving."
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August 27, 2024
Cribl Valued At $3.5B After $319M Series E Funding Round
Data engine company Cribl Inc., advised by Cooley LLP, on Tuesday announced that it reached a $3.5 billion valuation after successfully closing its oversubscribed Series E funding round with $319 million in investor commitments.
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August 27, 2024
3 Firms Build $314M Events.com SPAC Merger
Event management platform Events.com plans to go public by merging with Concord Acquisition Corp. II at an estimated $314 million value, both parties announced on Tuesday, through a deal guided by three law firms.
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August 27, 2024
Disbarred Atty Tom Girardi Convicted Of Defrauding Clients
A California federal jury on Tuesday convicted disbarred attorney Tom Girardi on all four counts of wire fraud, finding that the former titan of the plaintiffs bar misappropriated $15 million of his clients' settlement funds.
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August 27, 2024
NBA Star Can't Sidestep TM Dispute Over Signature Shoe
NBA player LaMelo Ball, his family and Puma North America Inc. must face a trademark infringement suit brought against them over the athlete's signature shoes, a California federal judge has ruled, finding that there are factual disputes to resolve and that California federal court does have jurisdiction.
Expert Analysis
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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Lessons From Rising Fake Discount Consumer Class Actions
Ellen Robbins and Scott Allbright at Akerman discuss the rise of false reference price consumer class actions and outline key strategies to minimize legal risk and protect businesses.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Daubert Motion Trends In Patent Cases Reveal Damages Shift
A review of all 2023 Daubert decisions in patent cases reveals certain trends and insights, and highlights the complexity and diversity in these cases, particularly in relation to lost profits and reasonable royalty damages opinions, say Sherry Zhang and Joanne Johnson at Ocean Tomo.
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Why The SEC Is Targeting Short-And-Distort Schemes
The U.S. Securities and Exchange Commission's recent crackdown on the illegal practice of short-and-distort trades highlights the urgent need for public companies to adopt proactive measures, including pursuing private rights of action, say attorneys at Baker McKenzie.
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How High Court Ruling Is Shaping Homelessness Policies
The U.S. Supreme Court’s June decision in Grants Pass v. Johnson to allow enforcement of local ordinances against overnight camping is already spurring new policies to manage homelessness, but the court's ruling does not grant jurisdictions unfettered power, say Kathryn Kafka and Alex Merritt at Sheppard Mullin.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Gilead Drug Ruling Creates Corporate Governance Dilemma
If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk
A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.