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February 15, 2025
Real Estate Recap: Practice Pivot, Tariff Tax, Lennar's Lawyers
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the latest shifts in real estate law practice, a Big Law leader's predictions for a looming tariff "tax" debate, and a look at the legal talent behind homebuilder Lennar Corp.'s $5.8 billion spinoff.
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February 14, 2025
Uber Starts Antitrust Food Fight With DoorDash
DoorDash Inc. has devised an unlawful scheme to stifle competition with its main rival, Uber Eats, by forcing restaurants to exclusively work with DoorDash to manage their in-house deliveries, which hikes costs for restaurants and customers, Uber Technologies Inc. alleges in a lawsuit filed Friday in Golden State court.
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February 14, 2025
States Move To Block Musk From Taking Over Gov't Agencies
Fourteen state attorneys general Friday sought an emergency order in D.C. federal court to stop Elon Musk and his U.S. DOGE Service Temporary Organization from exercising "unprecedented" authority over federal agencies, arguing that as an unelected, unconfirmed official, Musk has "taken the helm" of the federal government in violation of the U.S. Constitution.
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February 14, 2025
Calif. Judge Dismisses Russian Detainees' Claims Against ICE
A California federal judge on Friday dismissed claims brought by 276 Russian and former Soviet bloc nationals alleging they've been denied parole by U.S. Immigration and Customs Enforcement based on their nationality, saying the court lacks jurisdiction to review their case.
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February 14, 2025
'Not For Sale': OpenAI Rebuffs Musk's $97.4B Takeover Bid
The board of directors for OpenAI voted unanimously on Friday to reject a $97.4 billion offer from Elon Musk and a consortium of investors to buy the artificial intelligence platform, with the board chair saying in a statement, "OpenAI is not for sale."
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February 14, 2025
HuffPost Sends User Data To Microsoft For Ads, Reader Says
Huffington Post flouts privacy laws by selling and sharing its readers' personal information without prior consent through trackers made by Microsoft, OpenX and Connatix that are installed on their web browsers for targeted advertising and real-time digital ad auctions, alleges a proposed class action filed Thursday in California federal court.
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February 14, 2025
Solar Tech Co. SunPower Beats Investor Suit Over Defects
A California federal court has permanently dismissed an investor's suit alleging solar power equipment company SunPower concealed product defects in order to maintain artificially high share prices, saying the investor has not established SunPower knew or could have known its statements were false when made.
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February 14, 2025
Jury Awards Woman Injured On 'Harry Potter' Ride $7.25M
An Arizona woman was awarded $7.25 million by a California federal jury for injuries she sustained while exiting a "Harry Potter" ride at Universal Studios Hollywood, finding the theme park's popular attraction was dangerous and responsible for a crushed spine she suffered in the fall.
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February 14, 2025
9th Circ. Judge Grills Feds In Immigrant Detention Regs Case
A Ninth Circuit judge pressed the federal government Friday on its stance that a Washington state law goes too far in setting health and safety benchmarks for a privately run immigration detention center, drawing an "apples-to-apples" comparison with similar rules for contractor-run psychiatric hospitals.
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February 14, 2025
9th Circ. Told DOL Can't Shield Contractor Demographic Data
The Center for Investigative Reporting told the Ninth Circuit on Friday that federal contractors' workforce demographic reports were not protected by a commercial data exemption to the Freedom of Information Act, as there was no "intimate information" in those reports.
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February 14, 2025
Supreme Court Asked To Rule On Fee Award After TM Mistrial
A cosmetics distributor that was sued for trademark infringement and lost has asked the U.S. Supreme Court to determine whether attorney fees and costs awarded to the prevailing party should have been trimmed to account for a default judgment that was reversed and a mistrial attributed to the plaintiff's counsel.
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February 14, 2025
Fed. Circ. Rejects COVID Test Suit In Gilstrap-Authored Ruling
A California federal judge properly found that Spectrum Solutions LLC didn't infringe a COVID-19 test maker's patent directed to preserving biological samples, the Federal Circuit said Friday in an opinion written by a top patent judge visiting the court.
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February 14, 2025
FCC Could Pull Equipment OKs For New Dahua US Owner
The Federal Communications Commission is threatening to pull authorizations for a Taiwanese network infrastructure company's U.S. subsidiary, saying the company appears to be selling video surveillance products that are restricted as part of the commission's "covered list" of equipment found to pose a national security risk.
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February 14, 2025
Munger Tolles Gets $10M Retainer To Rep LA In Fire Litigation
Munger Tolles & Olson LLP has signed a $10 million retainer agreement to represent the Los Angeles Department of Water and Power in a series of lawsuits alleging it irresponsibly left a local reservoir empty ahead of last month's devastating Palisades Fire.
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February 14, 2025
Buchalter, Parker Milliken Get Stay In $19M Theft Suit
A California judge on Friday granted a stay to Buchalter PC and Parker Milliken Clark O'Hara & Samuelian APC while the law firms appeal a decision denying their bid to arbitrate a lawsuit accusing them of conspiring to help their client bilk nearly $20 million from some trusts in a Ponzi scheme.
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February 14, 2025
Judge Upholds Pay-For-Delay Ban Law, But Only In Calif.
A California federal judge has upheld part of a new state law that the Association for Accessible Medicines alleged unlawfully restricted "reverse payment" settlements between makers of brand-name and generic drugs, finding that the law's attempt to regulate deals outside of California runs afoul of the Constitution, but is otherwise valid.
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February 14, 2025
Calif. Insurance Chief Backs Wildfire Mitigation, Recovery Bills
California Insurance Commissioner Ricardo Lara announced his support Friday for a slew of bills aimed at addressing wildfire mitigation and recovery, including measures to maximize insurance claim payouts and stabilize the state's insurer of last resort.
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February 14, 2025
Wachtell Reps Seagate On $119M Deal For Intevac
Mass-capacity data storage innovator Seagate Technology Holdings PLC, advised by Wachtell Lipton Rosen & Katz, has agreed to buy thin-film processing systems supplier Intevac Inc., led by Wilson Sonsini Goodrich & Rosati PC, in an all-cash deal valued at $119 million.
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February 14, 2025
Judges Suggest Withdrawal Was Optional In Dam Permit Spat
D.C. Circuit judges Friday pressed a California water district on whether it was partly to blame for delays in recertifying two hydroelectric dams, suggesting it voluntarily agreed to the state board's requests that it refile the applications in order to avoid the Clean Water Act's certification time limit.
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February 14, 2025
Judge Allows Grower's 4th Amendment Claim In Hemp Crop Suit
A California federal judge has partially reconsidered her prior order denying Kern County and its police officers' bid to dismiss claims by a hemp grower alleging they wrongly bulldozed 500 acres of crops, allowing the company's Fourth Amendment excessive destruction claim to proceed, but dismissing its due process claims.
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February 14, 2025
Camston Wrather Files For Ch. 7 With Over $100M In Debt
California-based sustainable resource recovery company Camston Wrather LLC has filed for Chapter 7 bankruptcy listing liabilities between $100 million and $500 million along with up to $50 million in assets, citing insufficient funding to continue operations.
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February 14, 2025
White House Fires 2 Calif. US Attorneys Picked By Biden
President Donald Trump directed the White House to fire the two remaining Biden-appointed U.S. attorneys in California on Wednesday in his latest push to purge the U.S. Department of Justice of officials appointed under the Biden administration.
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February 14, 2025
Womble Bond Adds BakerHostetler Business Partner In Irvine
Womble Bond Dickinson has hired a former BakerHostetler partner, who joined the firm's business litigation practice group as a partner in Irvine, California.
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February 14, 2025
DOJ Takes Military Bias Dispute With Nev. To 9th Circ.
The U.S. Department of Justice said it will appeal to the Ninth Circuit after a federal judge tossed its suit accusing the state of Nevada and its public employees retirement system of overcharging service members for pension credits.
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February 14, 2025
Judge Leaves Curbs On DOGE Treasury Access After Hearing
A Manhattan federal judge left in place temporary curbs on sweeping powers handed by President Donald Trump to Elon Musk's government-slashing U.S. DOGE Service Temporary Organization, after 19 states challenged the organization's access to U.S. Treasury payment systems.
Expert Analysis
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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A Narrow Window Of Opportunity To Fix Energy Transmission
A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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E-Signature Best Practices For Employers After Calif. Ruling
In Garcia v. Stoneledge Furniture, a California appellate court found an arbitration agreement invalid after an employee raised doubts about the authenticity of its e-signature, underscoring the importance of employers implementing additional measures to verify the authenticity of electronically signed documents, say Ash Bhargava and Reece Bennett at Atkinson Andelson.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.
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A Look At Calif.'s New AI Law For Health Insurers
A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.
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How 9th Circ. Ruling Expands Bankruptcy Trustees' Powers
The Ninth Circuit recently held in The Lovering Tubbs Trust v. Hoffman that a trustee can avoid intentionally fraudulent transfers, even if no creditor suffered harm as a result, materially strengthening bankruptcy trustees' powers, say Robert Klyman and Rod Kazempour at DLA Piper.
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Earned Wage Access Laws Form A Prickly Policy Patchwork
Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.
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'Minimum Contacts' Issues At Stake In High Court FSIA Case
In CC/Devas v. Antrix, the U.S. Supreme Court must decide whether a "minimum contacts" requirement should be implied in the Foreign Sovereign Immunities Act, with the potential to dramatically change the legislative landscape through the establishment of a new and significant barrier to U.S. suits against foreign states, say attorneys at WilmerHale.