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California
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September 18, 2024
ITC Looking At Advanced Bionics Implant Patent Claims
The U.S. International Trade Commission said it will look into allegations from Switzerland's Advanced Bionics that Austria's Med-El has been infringing cochlear implant hearing aid technology.
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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.
Expert Analysis
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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.
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Patent Damages Jury Verdicts Aren't Always End Of The Story
Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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PE-Healthcare Mergers Should Prepare For Challenges
State and federal regulators are increasingly imposing new requirements on healthcare transactions involving private equity partners, with mergers that would have drawn little scrutiny a few years ago now requiring a multijurisdictional risk analysis during the deal formation process, say attorneys at Stinson.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Drafting Calif. Cannabis Management Services Agreements
Meital Manzuri and Alexis Lazzeri at Manzuri Law explore the ways in which management services agreements function in the California commercial cannabis industry, and highlight a few specific terms and conditions that are crucial when drafting these agreements.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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What Calif. Eviction Ruling Means For Defaulting Borrowers
A California appellate court's recent decision in Homeward Opportunities v. Taptelis found that a defaulting borrower could not delay foreclosure with an improperly served notice of pendency of action, but leaves open a possibility for borrowers to delay eviction proceedings merely by filing lawsuits, say Anne Beehler and Krystal Anderson at Holland & Knight.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.