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September 24, 2024
Motorola Ducks Out Of Smartphone Camera Patent Suit
A federal judge in Chicago on Tuesday decided to end one of the patent lawsuits by a retired businessman over operating smartphone cameras, ruling that "no reasonable jury could conclude Motorola is infringing the patent."
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September 24, 2024
Pac-12 Suit Says Mountain West 'Poaching' Fee Goes Too Far
The Pac-12 Conference, which has spent much of September luring away five Mountain West Conference universities to rebuild its depleted membership, sued the rival conference Tuesday for imposing a "poaching penalty" of tens of millions of dollars in exit fees that it called "one-sided" and anticompetitive.
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September 24, 2024
2 Ex-American Airlines Workers Seek $8M Sex Assault Verdict
Counsel for two former American Airlines flight attendants urged a California federal jury during closing arguments Tuesday to make a retired pilot pay $8.1 million over allegations he sexually assaulted the pair at a hotel during a round-trip journey between Los Angeles and Sao Paulo, Brazil.
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September 24, 2024
Musk, X Seek To End Ex-CNN Anchor's Talk Show Fraud Suit
Elon Musk and his social media platform X have asked a California federal judge to toss former CNN anchor Don Lemon's suit against over a collapsed talk show deal, saying the claims are insufficiently supported, Musk wasn't properly served, and there's no jurisdiction to proceed in the Golden State.
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September 24, 2024
Combs Accused Of Filming Woman's Rape In New Suit
Hip-hop mogul Sean "Diddy" Combs was hit with a civil suit in New York federal court Tuesday alleging he and his former head of security raped a woman in 2001, recorded the assault and later disseminated the video.
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September 24, 2024
Darden Committed 'Wage Abuse' Against Workers, Suit Says
Darden Restaurants failed to pay workers for their overtime hours and did not provide them with full, uninterrupted meal and rest periods, a former employee said in a Private Attorneys General Act lawsuit filed in California state court.
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September 24, 2024
Meta Can't Nix Misrepresentation Claims In Revenue Split Suit
Meta Platforms Inc. can't nix misrepresentation claims by a Canadian news site alleging the social media giant rejected its ads without explanation in violation of its policy, after a California federal judge said Monday the plaintiff sufficiently alleged it relied on Meta's promises to provide such explanations when deciding to invest millions of dollars to advertise.
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September 24, 2024
Dems Urge Full 9th Circ. To Rethink Worker's Trafficking Loss
Democratic lawmakers urged the en banc Ninth Circuit to rethink a split decision tossing Cambodian workers' human trafficking suit against a California importer, arguing Congress specifically amended the federal law following another erroneous Ninth Circuit ruling in the case, and the majority's refusal to apply those amendments retroactively undermines congressional authority.
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September 24, 2024
Pilates Co. Stretches Patent Campaign To ITC
A San Francisco pilates equipment maker has persuaded the U.S. International Trade Commission to hear its patent infringement case against an assortment of companies that one of its lawyers calls "Chinese knockoff artists."
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September 24, 2024
Ex-Google Privacy Chief Joins Gibson Dunn As Practice Head
Gibson Dunn & Crutcher LLP has hired a former vice president and chief privacy officer at Google, who for more than 13½ years has helped lead a team of privacy specialists working to achieve Google's data protection and privacy goals.
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September 24, 2024
California Powerhouse: Cooley
With numerous high-profile litigation wins and transactions this past year — including a California Supreme Court victory for whistleblowers, Instacart's $660M IPO and Horizon Therapeutics' $27.8 billion sale — Cooley LLP has reinforced its reputation as a leading law firm in the Golden State and once again landed on Law360's Regional Powerhouses list.
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September 24, 2024
Calif. Panel Frees Insurer From $7.5M Dog Attack Judgment
A California appeals court panel affirmed an insurer didn't owe any part of a $7.5 million judgment for a dog attack, finding a homeowner's policy excluding coverage for injuries caused by a pit bull clearly applied to the homeowner's sister's dog, Bugzy.
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September 24, 2024
Sheppard Mullin Adds Paul Hastings Employment Leader
The co-leader of Paul Hastings LLP's wage and hour practice group has jumped to Sheppard Mullin Richter & Hampton LLP in California, the firm said Tuesday.
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September 24, 2024
Procopio Practice Leader Joins Snell & Wilmer In San Diego
Snell & Wilmer LLP has added the former leader of the healthcare, education and government practice at California firm Procopio Cory Hargreaves & Savitch LLP as a partner in its San Diego office.
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September 23, 2024
Reggie Bush Says USC, NCAA, Pac-12 Exploited His Image
Former University of Southern California star running back Reggie Bush on Monday accused his alma mater, as well as the NCAA and the Pac-12 Conference, of profiting off his name, image and likeness without ever compensating him in return, according to a suit filed in California state court.
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September 23, 2024
Nike, Others Let TikTok 'Fingerprint' Sites, Suits Claim
Nike, its subsidiary Converse and telehealth company Teladoc were each hit with proposed class actions on Friday in California federal court over allegations that they violated the state's "trap and trace" law by using TikTok software to collect personal data from visitors to their websites.
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September 23, 2024
Calif. Schools To Limit Or Ban Cellphones Under New Law
California Gov. Gavin Newsom on Monday signed into law a bill requiring Golden State school districts to limit or ban students from using smartphones during school hours in a bid to address mental health issues among the state's youth.
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September 23, 2024
Chamber Says X Ruling Boosts Bid To Nix Calif. Climate Laws
The U.S. Chamber of Commerce and the state of California have filed competing briefs on how a recent Ninth Circuit decision blocking parts of a social media law applies to the state's corporate climate disclosure rules, with the Chamber arguing the ruling reinforces how the latter violate the First Amendment.
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September 23, 2024
Need To Bag Your Groceries? You Can Have Paper, Calif. Says
California grocery stores won't be allowed to offer plastic bags of any kind in their checkout lines under a new law signed by Gov. Gavin Newsom a day before the California Attorney General's Office on Monday accused Exxon Mobil Corp. of inundating the state with plastic waste.
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September 23, 2024
FilmOn Founder's $900M Battery Trial Loss Slashed To $90M
A plaintiff who won a $900 million sexual battery verdict against her former employer, FilmOn founder and Coca-Cola bottling fortune heir Alki David, has agreed to accept a reduced $90 million verdict rather than face a new damages trial recently ordered by a California state court, according to her counsel.
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September 23, 2024
Calif. Gov. Vetoes Privacy Bill, OKs Social Media Addiction Law
California's governor has refused to enact legislation that would have required browser developers to make it easier for consumers to stop the sale and sharing of their personal information, while approving a bill that will block online platforms from using algorithms to deliver addictive feeds to children without parental consent.
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September 23, 2024
Fed. Circ. Won't Revive Qualcomm Power Amplifier Patent
The Federal Circuit on Monday opted to leave unchanged a handful of rulings from the Patent Trial and Appeal Board involving a Qualcomm patent that was challenged by Intel.
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September 23, 2024
Feds, SunZia Urge 9th Circ. To Toss Power Line Challenge
The federal government and SunZia Transmission LLC have asked the Ninth Circuit to uphold a lower court decision tossing a suit by a coalition of tribes and conservation groups challenging the government's decision to let the company route a 520-mile power line through cultural and historical sites.
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September 23, 2024
Starbucks Wins At 9th Circ. In 'S'mores' Lip Gloss IP Theft Suit
The Ninth Circuit on Monday refused to revive lip balm company Balmuccino's claims that Starbucks breached an implied contract and misappropriated trade secrets by stealing its idea for coffee-flavored "S'mores Frappuccino" lip gloss, agreeing with the lower court's order that Balmuccino's claims were filed too late.
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September 23, 2024
Suit Says LAPD Stormed Medical Office Looking For Pot
The Los Angeles Police Department "maliciously" raided an X-ray and imaging clinic in North Hollywood, erroneously thinking it was an illicit marijuana grow site, destroying an MRI machine in the process, according to a lawsuit filed in California federal court.
Expert Analysis
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.
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Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits
Two recent decisions from California federal courts regarding novel Employee Retirement Income Security Act claims around 401(k) forfeitures provide early tea leaves for companies that may face similar litigation, offering reasons for both optimism and concern over the future direction of the law, say Ashley Johnson and Jennafer Tryck at Gibson Dunn.
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3 Policyholder Tips After Calif. Ruling Denying D&O Coverage
A California decision from June, Practice Fusion v. Freedom Specialty Insurance, denying a company's claim seeking reimbursement under a directors and officers insurance policy for its settlement with the Justice Department, highlights the importance of coordinating coverage for all operational risks and the danger of broad exclusionary policy language, says Geoffrey Fehling at Hunton.
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Loss Causation Ruling Departs From Usual Securities Cases
A California federal court recently dismissed Ramos v. Comerica, finding that the allegations failed to establish loss causation, but the reasoning is in tension with the pleading-stage approaches generally followed by both courts and economists in securities fraud litigation, say Jesse Jensen and Aasiya Glover at Bernstein Litowitz.
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PAGA Reforms Encourage Proactive Employer Compliance
Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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What FTX Case Taught Us About Digital Asset Recoverability
FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Synapse Bankruptcy Has Ripple Effects For Fintech Industry
Synapse Financial Technologies’ recent bankruptcy filing marks a significant moment in the fintech industry's evolution, highlighting that stringent compliance and risk management in fintech partnerships are essential to mitigate risk and protect consumers, say Joann Needleman and Ryan Blumberg at Clark Hill.
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California Adds A Novel Twist To State Suits Against Big Oil
California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Why Justices Should Rule On FAA's Commerce Exception
The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.
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Tricky Venue Issues Persist In Fortenberry Prosecution Redo
Former Rep. Jeff Fortenberry was recently indicted for a second time after the Ninth Circuit tossed his previous conviction for improper venue, but the case, now pending in the District of Columbia, continues to illustrate the complexities of proper venue in "false statement scheme" prosecutions, says Kevin Coleman at Covington.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.