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California
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August 13, 2024
Beef With OpenAI's CEO Irrelevant To TM Suit, Judge Says
A California federal judge appeared open Tuesday to trimming counterclaims filed by a man accused by OpenAI of preventing the ChatGPT-maker from registering its name as a trademark, criticizing the allegations for being too generalized and driven by irrelevant "disgruntlement" against OpenAI CEO Sam Altman.
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August 13, 2024
Atlassian Again Beats Investor Suit Over Software Co.'s Slump
Investors in software company Atlassian Corp. haven't shored up claims that the company hid a slowdown in a key growth metric before a 2022 earnings miss, a San Francisco federal judge has decided, dismissing a proposed class action but giving plaintiffs one more shot at their claims.
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August 13, 2024
Judge Urged To Toss Novel Insider Trading Conviction
Former Ontrak CEO Terren Peizer has moved to rid himself of a first-of-its-kind insider trading conviction, arguing that the government's case "watered down" the standard it had to prove by failing to demonstrate that he believed Ontrak was about to lose its biggest customer at the time he shed $20 million in stock.
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August 13, 2024
Intuit Can't Escape Ex-Employee's 401(k) Forfeiture Suit
A California federal judge has rejected Intuit's bid to toss a former employee's proposed class action claiming the company improperly used money from forfeited, nonvested accounts to reduce its own 401(k) matching contributions, but the judge trimmed claims the plaintiff agreed to drop related to the plan's administrative committee.
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August 13, 2024
Nvidia Urges High Court To Rein In 'Abusive' Investor Suits
Chip manufacturer Nvidia Corp. filed its opening salvo Tuesday in a bid for U.S. Supreme Court victory over investors who accuse the company of downplaying its reliance on the crypto mining market, arguing that a lower court decision allowing the case to move forward "eviscerates the guardrails that Congress erected to protect the public from abusive securities litigation."
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August 13, 2024
FDIC Looks To Dodge Suit Over First Republic Bank's Rent
The Federal Deposit Insurance Corp. urged a California federal court to toss a suit filed by a California landlord that once leased to First Republic Bank, arguing that federal law bars the suit because the FDIC is the bank's receiver.
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August 13, 2024
Campbell Soup Co. Defends V8 Splash Labeling As Accurate
Campbell Soup Co. has urged a New Jersey federal judge to toss a putative class action alleging it duped consumers into thinking its V8 Splash beverages are naturally flavored and healthy, saying the drinks' labels never claimed the drinks were free of artificial flavors.
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August 13, 2024
Tesla Stock Buy Fraud Nets 33-Mo. Sentence For Calif. Man
A California man accused of bilking investors out of $4.7 million by falsely representing he'd use the money to buy Tesla stock before diverting it to his wholesale food distribution business was sentenced to 33 months in prison in California federal court Monday, according to the U.S. Attorney's Office for the Northern District of California.
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August 13, 2024
Girardi's Ex-Accountant Testifies He Wasn't Always 'All There'
A former in-house accountant for Tom Girardi's law firm broke down in tears on the witness stand under cross-examination in Girardi's California federal criminal trial Tuesday, first saying he always seemed "lucid" before describing him in the month before Girardi Keese filed for bankruptcy as slipping mentally.
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August 13, 2024
Hunter Biden Says Corruption Claims Don't Belong In Tax Trial
Hunter Biden has urged a California federal judge to bar a jury weighing his tax charges from hearing any allegations of corruption regarding foreign sources of income for fear it would "insinuate extraneous, politically charged matters" into the trial.
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August 13, 2024
9th Circ. Reverses Order Sending Insulin Suit To State Court
The Ninth Circuit on Tuesday sided with CVS Caremark and Express Scripts, ruling that a lower court erred in 2023 when it agreed to send California's allegations of inflated insulin prices back to state court.
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August 13, 2024
Kroger Blasts FTC's 'Head-To-Head' Competition Claims
Kroger and Albertsons have assailed the Federal Trade Commission's challenge to their merger, telling an Oregon federal judge that there's no need to preliminarily block the deal because the agency is pushing a "never before applied" theory that reducing head-to-head competition is illegal, which the grocery stores said is undone by the law and the companies' planned divestiture of 579 stores.
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August 13, 2024
Ex-Pro Says $2B NCAA Deal Undercuts Collective Bargaining
Former NBA player David West and his attorney have joined a growing chorus of opposition to the NCAA's more than $2 billion proposed name, image and likeness settlement with college athletes, arguing it circumvents collective bargaining.
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August 13, 2024
Youth Plead To Save Constitutional Climate Lawsuit
Youth plaintiffs on Monday defended their right to continue their lawsuit alleging the federal government unconstitutionally discriminates against them by favoring the fossil fuel industry's interests.
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August 13, 2024
HP Inks Deal To End Claims Printer Update Locked Out Rivals
HP Inc. and a certified class of consumers told a California magistrate judge Monday that they have reached a settlement in principle to resolve a class action alleging the printer maker illegally forced customers to purchase overpriced HP-branded ink and toner supply cartridges by making alternative products incompatible with their printers.
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August 13, 2024
Las Vegas Jury Deals Out A Verdict Of No Infringement
A lawsuit surrounding a "rotatable shuffler" that has been going on in Nevada federal court for the better part of a decade has finally ended, with a Las Vegas jury finding that the maker of a roulette-style gambling machine did not infringe a patent covering a different kind of card shuffling machine.
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August 13, 2024
Tort Report: Disney Blasted For 'Absurd' Arbitration Bid
A Disney unit's unconventional bid to arbitrate a wrongful death suit and a hefty crash suit verdict out of California lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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August 13, 2024
22 AGs Urge 2nd Circ. To Keep Limits On Interstate Gun Sales
The attorneys general for 21 states and the District of Columbia urged the Second Circuit to uphold a federal law limiting interstate gun sales to licensed dealers, arguing in a brief Monday that the law lets individual states regulate dealers and prevent black-market imports.
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August 13, 2024
FTC Says Fix In Epic's Google Case Should Spur Competition
The Federal Trade Commission has told a California federal court that it has the power to impose a wide range of remedies after a jury found that Google violated antitrust law through its app store policies and urged the court to reject Google's concerns about the proposed changes.
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August 13, 2024
Federal Judge Can't Shake Discipline For Handcuffing Girl
A review panel on Tuesday agreed with a unanimous Ninth Circuit Judicial Council finding that a federal judge in California engaged in misconduct when he ordered that a tearful 13-year-old girl be handcuffed during a criminal hearing for her father, upholding a public reprimand and three-year pause on criminal case assignments for the jurist.
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August 13, 2024
Conn. Trial Attys Back McCarter's Bid For Punitive Award
The Connecticut Trial Lawyers Association has asked the state Supreme Court for permission to file a friend-of-court brief supporting McCarter & English LLP's bid for a punitive payout after winning multimillion-dollar judgments in a contract dispute with a former client.
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August 13, 2024
Capital Group Can't Force 401(k) Fund Suit To Arbitration
A California federal court refused to force individual arbitration of a proposed class action against The Capital Group Companies Inc. from a 401(k) plan participant alleging mismanagement, finding an arbitration provision in plan documents couldn't waive statutory rights under the Employee Retirement Income Security Act.
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August 13, 2024
Rival Building Suppliers Net $3M Deal To End Competition Tiff
A New York building supplier will pay its California rival $3 million to resolve allegations that it poached employees in North Carolina and stole trade secrets to unfairly compete in the region, according to settlement documents provided to Law360.
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August 13, 2024
Tech Cos. Spar Over $117M Interest On $262M Patent Verdict
Hard drive maker Western Digital Technologies Inc. and patent holder MR Technologies GmbH went back and forth on the patentee's requested $117 million prejudgment interest bid for a $262 million infringement verdict in its favor, with Western Digital calling the requested amount "an unjustified windfall."
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August 13, 2024
Sheppard Mullin Adds Depp Trial Attys From Brown Rudnick
Sheppard Mullin Richter & Hampton LLP said Tuesday it has lured five lawyers away from Brown Rudnick LLP who were members of the team that successfully represented actor Johnny Depp in his defamation trial against his former wife.
Expert Analysis
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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Motion To Transfer Venue Considerations For FCA Cases
Several recent decisions highlight the importance for practitioners of analyzing as early as possible whether a False Claims Act case warrants a change of venue, and understanding how courts weigh certain factors for defendants versus whistleblowers, say Ellen London at London & Stout, and Li Yu and Corey Lipton at DiCello Levitt.
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New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.
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Autonomy Execs' Acquittal Highlights Good Faith Instruction
The recent acquittal of two former Autonomy executives demonstrates that a good faith jury instruction can be the cornerstone of an effective defense strategy in white collar criminal cases, in part because the concept of good faith is a human experience every juror can relate to, says Sara Kropf at Kropf Moseley.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Navigating The Murky Waters Of Patent Infringement Damages
Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.
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3 Ways To Lower Insider Trading Risk After First 10b5-1 Case
In light of the U.S. Department of Justice's insider trading prosecution against the former CEO of Ontrack based on alleged abuse of a Rule 10b5-1 safe harbor plan — designed to allow executives to sell their companies' securities without liability — companies and individuals should take steps to avoid enacting similar plans in bad faith, say attorneys at Jenner & Block.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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PE Firms Should Prepare For Increased False Claims Scrutiny
The impact private equity firms may have over medical decisions and care is increasingly attracting potential liability under the False Claims Act and attention from states and the federal government, so investors should follow best practices including conducting due diligence both before and after acquisitions, say attorneys at K&L Gates.
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Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open
The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.
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Series
A Day In The In-House Life: Block CLO Talks Problem-Solving
Amid the busy summer months, Block Inc. Chief Legal Officer Chrysty Esperanza chronicles a typical Wednesday where she conquered everything from unexpected fintech regulatory issues and team building to Bay Area commutes and school drop-off.
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Shipping Containers As Building Elements Require Diligence
With the shipping container market projected to double between 2020 and 2028, repurposing containers as storage units, office spaces and housing may become more common, but developers must make sure they comply with requirements that can vary by intended use and location, says Steven Otto at Crosbie Gliner.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.
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Justices' Intent Witness Ruling May Be Useful For Defense Bar
At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.