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California
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July 22, 2024
BlackBerry Sex Harassment Plaintiff May Lose Anonymity
A former BlackBerry executive claiming CEO John Giamatteo sexually harassed her on his way up to the top job while she was fired for reporting his actions may not be able to proceed with her suit anonymously, a California federal judge said Monday.
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July 22, 2024
9th Circ. Affirms Dismissal Of Calif. Virus Coverage Suit
The Ninth Circuit affirmed the dismissal Monday of a California event operators' COVID-19 insurance coverage dispute after the state's Supreme Court determined in May that the virus doesn't cause the type of property damage needed to trigger coverage.
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July 22, 2024
99 Cents Only Pivots To New Buyers After $8M Bid Rescinded
Discount retail chain 99 Cents Only asked a Delaware bankruptcy court to approve alternative sales for two California real estate parcels after the winning bidder who submitted a $8 million offer failed to close the deal over the last two months.
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July 22, 2024
9th Circ. Backs Moving Video Game IP Suit To South Korea
The Ninth Circuit on Monday said a federal judge correctly dismissed a copyright and trade secrets complaint from a South Korean video game developer against a rival because their country is a more convenient venue, rejecting plaintiff Nexon Korea Corp.'s arguments that the Digital Millennium Copyright Act should have prevented that from happening.
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July 22, 2024
Nationwide Seeks Travelers' Aid In Hot Tub Illness Row
Nationwide told a California federal court a Travelers unit must help defend a condominium association in an underlying lawsuit brought by a resident alleging he needed a double lung transplant because of hot tub contaminants, arguing Travelers' pollution exclusion and fungi or bacteria exclusion didn't apply.
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July 22, 2024
In Transfer Row, Live Nation Calls DOJ Case Merger Deal 2.0
Live Nation and Ticketmaster formally asked a skeptical New York federal judge to transfer the U.S. Department of Justice antitrust lawsuit to Washington, D.C., arguing the case clearly grows out of an underlying 2010 deal clearing the merger the government now wants unwound.
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July 22, 2024
9th Circ. Backs Arbitration In Former AmEx Workers' Bias Suit
The Ninth Circuit said Monday that a group of former American Express employees must arbitrate their suit claiming the company's diversity initiatives discriminated against white people, rejecting their argument that they were being unlawfully blocked from seeking relief that would benefit others.
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July 22, 2024
Cereal Buyer Claims General Mills' Cocoa Puffs Has Lead
A proposed class of cereal buyers has sued General Mills Sales Inc. in California federal court, alleging its Cocoa Puffs cereal contains undisclosed and high levels of lead.
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July 22, 2024
Judge Limits Girardi Clients' Injury Details In Upcoming Trial
Jurors in former celebrity lawyer Tom Girardi's upcoming fraud trial will be spared detailed testimony about the severe injuries that drove his alleged victims to hire his law firm, a Los Angeles federal judge has ruled, saying the former clients' injuries are a key part of their stories, but graphic details are not necessary.
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July 22, 2024
Holland & Knight Brings On Former Verily In-House Attorney
Holland & Knight LLP announced Monday that it has added to its public policy and regulation group an attorney who previously led the product and corporate counsel legal teams and was interim chief privacy officer at Verily, a health research company within Google's parent, Alphabet Inc.
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July 22, 2024
Catching Up With Delaware's Chancery Court
A $6 million bank fee, a $42.5 million shopping mall deal, some questionable Amazon deliveries and long-ago expired ketchup: it was all part of the comings and goings in Delaware's Court of Chancery last week. New cases involved mining and cybersecurity companies, board takeovers, "weaponized" director election provisions, and legal fees following a $3.1 billion telecom merger. In case you missed it, here's the latest from the Chancery Court.
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July 22, 2024
Exec Comp Atty Returns To Wilson Sonsini As Practice Leader
A San Francisco-based attorney from Freshfields, known for his work on some of the highest-profile deals of the past several years, is returning to Wilson Sonsini to co-lead its employee benefits and compensation practice, the firm announced Monday.
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July 22, 2024
1st Circ. Doubts Calif. Law Governs DraftKings Job Fight
A former DraftKings executive seeking to undo his noncompete contract appeared to make little headway with the First Circuit on Monday as he argued that Massachusetts law should take a backseat in the dispute to California's more worker-friendly statute.
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July 22, 2024
LA Superior Court Closed Monday Due To Ransomware Attack
The Superior Court of Los Angeles County was forced to close Monday as the court continued to work to repair and reboot network systems that were severely impacted by a ransomware attack that occurred on the same day as an unrelated global tech outage.
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July 22, 2024
Paul Hastings Lands New GC From Kirkland
Paul Hastings LLP announced Monday that Kirkland & Ellis LLP's former deputy assistant general counsel has joined its roster and will serve as its general counsel.
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July 19, 2024
Platform Sciences Hit With $19M Omnitracs Patent Verdict
A California federal jury on Friday determined that Qualcomm spin-off Omnitracs is entitled to $19.3 million in lost profits and a $140,000 royalty after a former executive's new company willfully infringed one of its fleet management software patents, but cleared it of infringing two other patents.
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July 19, 2024
Jazz Says Narcolepsy Drug Charge MDL Should Be Tossed
Jazz Pharmaceuticals urged a California federal judge to toss claims from insurers and consumers pursuing multidistrict litigation accusing the drugmaker of staving off generic competition to its blockbuster narcolepsy medicine Xyrem through antitrust conduct and deals with other drugmakers, saying the company engaged in "permissible competition."
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July 19, 2024
Boeing Judge Indicates Blowout Suit May Not Belong In Calif.
A California federal judge indicated Friday he was leaning toward dismissing a product liability suit against Boeing and Spirit AeroSystems by passengers of an Alaska Airlines flight that experienced a door plug blowout midair, saying he lacked of personal jurisdiction over the defendants.
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July 19, 2024
Real Estate Recap: CMBS, Phoenix Evictions, Summer Break?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including trends in multifamily commercial mortgage-backed securities, a study of corporate landlord evictions in Phoenix, and the creative lengths real estate lawyers go to when closing the deal on a summer vacation.
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July 19, 2024
Meta Separation Deals Were 'Overly Broad,' NLRB Judge Says
Tech giant Meta violated federal labor law by offering laid-off employees separation agreements with "overly broad language" barring them from discussing employment terms or conditions, a National Labor Relations Board judge found on Friday.
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July 19, 2024
9th Circ. Judge Open To Reversing Google's Privacy Win
A Ninth Circuit judge appeared receptive Friday to reversing Google's summary judgment win in Chrome users' proposed privacy class action, telling Google's counsel that the standard is what a reasonable consumer would expect and "you have a much higher opinion of the average intelligence of the computer user than I."
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July 19, 2024
Calif. Bar Backs Creating New Virtual Bar Exam To Cut Costs
The State Bar of California's Board of Trustees has signed off on plans to negotiate a potentially $8 million, five-year deal with Kaplan North America LLC to replace the Multistate Bar Exam with its own state exam that could be taken remotely, according to a statement issued Friday.
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July 19, 2024
Pornhub's Parent Co. Seeks Exit From Trafficking Class Action
MindGeek asked a California federal judge Friday to end a class action filed by individuals who alleged its company Pornhub published sexually explicit videos of them as minors, arguing there's no evidence showing MindGeek promoted child pornography on its sites, and that it removed the videos upon request.
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July 19, 2024
House IP Committee Heads Unveil Drug Pricing Bill
Reps. Darrell Issa, R-Calif., and Hank Johnson, D-Ga., respectively the chair and top Democrat of the House intellectual property subcommittee, on Friday introduced a new bill that would change patent law to increase competition in the prescription drug market in order to lower patient costs.
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July 19, 2024
Oracle Inks $115M Deal To End Consumer Data Collection Suit
Oracle America Inc. agreed to pay $115 million to resolve a proposed class action alleging the software company illegally sold internet users' electronic profiles, consumers told a California federal judge, putting to rest a case that has stretched on for nearly two years.
Expert Analysis
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
The first quarter of the year brought the usual onslaught of new regulatory developments in California — including a crackdown on junk fees imposed by small business lenders, a big step forward for online notarizations and a ban on predatory listing agreements, says Alex Grigorians at Hanson Bridgett.
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Breaking Down California's New Workplace Violence Law
Ilana Morady and Patrick Joyce at Seyfarth discuss several aspects of a new California law that requires employers to create and implement workplace violence prevention plans, including who is covered and the recordkeeping and training requirements that must be in place before the law goes into effect on July 1.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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How Suit Over An AI George Carlin May Lead To Legislation
George Carlin’s estate recently sued a company over an artificial intelligence-generated podcast allegedly impersonating the late comedian, highlighting the importance of much-needed state and federal protection against unauthorized representations of an individual’s image in the time of AI, say Anna Chauvet and Maxime Jarquin at Finnegan.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Preparing For Possible Calif. Criminal Antitrust Enforcement
Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.
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California Shows A Viable Way Forward For PFAS Testing
The U.S. Food and Drug Administration has no good way of testing for the presence of specific per- and poly-fluoroalkyl substances in food packaging — but a widely available test for a range of fluorine compounds that's now being used in California may offer a good solution, says Vineet Dubey at Custodio & Dubey.
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Unpacking The Complicated Question Of CIPA's Applicability
As the number of California Invasion of Privacy Act cases increases, more and more companies with little-to-no California presence are being hauled into California court, raising questions of when CIPA applies and to whom, says Matthew Pearson at BakerHostetler.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Antitrust Ruling Shows Limits Of US Law's Global Reach
Antitrust plaintiffs often cite the legislative history of the Foreign Trade Antitrust Improvements Act to support application of U.S. antitrust law to alleged injuries abroad, but as a California federal court recognized recently in Figaro v. Apple, the cited history does no such thing, say Daniel Swanson and Eli Lazarus at Gibson Dunn.
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New Concerns, Same Tune At This Year's SIFMA Conference
At this year's Securities Industry and Financial Markets Association conference on legal developments affecting the financial services industry, government regulators’ emphasis on whistleblowing and AI washing represented a new refrain in an increasingly familiar chorus calling for prompt and thorough corporate cooperation, say attorneys at Fried Frank.
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Calif. High Court Ruling Has Lessons For Waiving Jury Trials
The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.
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SC Ruling Reinforces All Sums Coverage Trend
A South Carolina state court's recent ruling in Covil v. Pennsylvania National is the latest in a series of decisions, dating back to the 2016 New York Court of Appeals ruling in Viking Pump, that reject insurers' pro rata allocation argument, further supporting that all sums coverage is required whenever a loss could be covered under a policy in any other year, say Raymond Mascia and Thomas Dupont at Anderson Kill.
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What Rescheduling Could Mean For Cannabis Bankruptcies
Bankruptcy courts have historically been closed for cannabis-related businesses, but recent case law coupled with a possible reclassification of cannabis provides cautious optimism, say attorneys at Duane Morris.
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Opinion
DOJ Press Office Is Not Fulfilling Its Stated Mission
The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.