California

  • November 25, 2024

    Calif. Gov. Promises EV Tax Credit If Trump Axes Federal

    California Gov. Gavin Newsom on Monday said that he's preparing to save electric vehicle tax credits — at least for residents of his state — if the Trump administration and a Republican Congress eliminate federal ones.

  • November 25, 2024

    'Sham' Patent Charges Bog Down Holiday Light Fight

    Amid a multi-front intellectual property fight between a China-based holiday light manufacturer and a so-called "patent troll," the company told a Georgia judge Monday that the patent holder had impermissibly tried to engineer jurisdiction by signing over to itself one of the patents at issue just minutes before filing its counterclaim.

  • November 25, 2024

    Calif. Board Seeks Comment On AI Rules Amid Pushback

    The California Privacy Protection Agency on Friday opened the public comment period for its latest rulemaking package proposing expansive draft rules regulating technologies fueled by artificial intelligence — including in the employment, education, healthcare, consumer protection, banking and insurance contexts — which business groups have already criticized as being overly broad and burdensome.

  • November 25, 2024

    Beyond Meat Told It's Likely To Beat Production Woe Suit

    A Los Angeles federal judge appeared poised Monday to toss, for good, a reworked investor class action accusing Beyond Meat of concealing major problems with its efforts to scale production on plant-based meat substitutes for fast food chains like McDonald's, KFC and Pizza Hut.

  • November 25, 2024

    9th Circ. Upholds Nixing Convention Center's Coverage Suit

    The Ninth Circuit backed the dismissal of a Seattle convention center operator's suit seeking coverage for pandemic-related losses, saying Monday that COVID-19 and resulting government shutdown orders did not cause the requisite physical loss or damage to the center to trigger coverage.

  • November 25, 2024

    Calif. Appeals Court Backs Taylor Farms Win In Wage Suit

    A California state appeals court refused to reinstate a lawsuit accusing packaged salad company Taylor Farms of unlawfully omitting the hourly pay rate for incentive bonuses from workers' wage statements, saying the company doesn't have to include this information because it showed it doesn't base its calculations on a real hourly rate.

  • November 25, 2024

    Quarles & Brady Lands Buchalter Employment Duo In Calif.

    Quarles & Brady LLP has brought on a pair of Buchalter PC employment attorneys as partners in its San Diego office, marking the Milwaukee-based firm's latest expansion in the Golden State since arriving there through a merger nearly two years ago.

  • November 25, 2024

    Jury Finds Natera Owes Guardant $292.5M In False Ad Suit

    A California federal jury on Monday awarded $292.5 million in actual and punitive damages to medical test maker Guardant Health after finding that its rival Natera falsely advertised its colorectal cancer test Signatera as superior to Guardant's competing product Reveal.

  • November 25, 2024

    Justices Turn Away $10M Tanker Seizure Suit

    The U.S. Supreme Court said Monday it will not review a petition asking it to resolve if courts are bound by "hard-and-fast" rules limiting their inquiry into whether a property can be seized to enforce a maritime debt, an issue the petitioner argued affected "fundamental principles of admiralty law."

  • November 22, 2024

    Del Monte's 'Fruit Naturals' Label Not Deceptive, 9th Circ. Says

    The Ninth Circuit on Friday refused to revive a California woman's proposed class action accusing Del Monte Foods of falsely advertising fruit cups as being "natural" despite containing synthetic preservatives, saying a reasonable consumer would know to read the products' back label to confirm the ingredients.

  • November 22, 2024

    Natera's Conduct 'Despicable,' Guardant Says As Trial Wraps

    Guardant urged a California federal jury at the close of its false advertising trial Friday to make rival Natera pay it hundreds of millions of dollars, saying the competitor's misrepresentation of the companies' competing cancer detection tests was "despicable," while Natera countered it was Guardant that used deceptive marketing.

  • November 22, 2024

    PayPal Wants Renewed Suit Over Merchant Rules Tossed

    PayPal on Thursday urged a California federal court to again throw out a proposed class action claiming it illegally boosts online retail prices with its restrictive merchant agreements, arguing that the latest version of the complaint doesn't fix any of the issues flagged by the court.

  • November 22, 2024

    Real Estate Recap: AI, NY Rent Control, NEPA

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one BigLaw partner's view of local governments leveraging artificial intelligence for land use, how landlords may challenge New York's rent laws following the latest High Court cert denial, and what a recent D.C. Circuit ruling could mean for National Environmental Policy Act interpretation.

  • November 22, 2024

    Retirement Contributions Found Not Disposable In Ch. 13

    A split Ninth Circuit on Friday held that voluntary contributions to employer-managed retirement plans are not disposable income under Chapter 13 bankruptcy, reversing a lower court's decision that required a debtor to include $484 in monthly retirement contributions in her disposable income.

  • November 22, 2024

    Jury Awards Netlist $118M In Patent Case Against Samsung

    A Texas federal jury on Friday said computer memory company Netlist Inc. should get $118 million after finding that South Korean electronics giant Samsung infringed a trio of computer memory module patents.

  • November 22, 2024

    DACA Recipient Accuses KeyBank Unit Of Immigration Bias

    A KeyBank-owned student loan refinancing and consultation unit was hit with a proposed class action by a Deferred Action for Childhood Arrivals recipient claiming the company uses immigration status as a basis to reject potential customers. 

  • November 22, 2024

    Delta-8 Product Actually Illicit Delta-9, Class Action Claims

    The manufacturer of Cake Brand vapes has been hit with a proposed class action accusing it of "masquerading" its products as "lawful delta-8" when in reality they contain delta-9, a derivative marijuana which remains a Schedule I drug, according to the suit filed in California federal court.

  • November 22, 2024

    Calif. Panel Affirms Six Flags' Trial Win In Coaster Injury Case

    Six Flags isn't liable for a woman's injury after her hand was crushed by a railing while waiting to get on the Twisted Colossus roller coaster, California appellate justices said Thursday, finding the park didn't have a heightened duty of care since she was injured before she got on the ride.

  • November 22, 2024

    CooperSurgical Product Caused Embryo Loss, Couple Say

    Connecticut-based medical device company CooperSurgical Inc. produced a defective culture media that led to the destruction of six embryos conceived through assisted reproductive technology, a California couple have claimed in a lawsuit that seeks an array of damages for negligence and an alleged delay in recalling the product.

  • November 22, 2024

    Nissan Automatic Brake Classes Dismantled By 6th Circ.

    A Sixth Circuit panel vacated class certification Friday for Nissan drivers who say their cars' automatic braking system activates unnecessarily, finding the trial judge failed to grapple with software upgrades that may have fixed the alleged flaw for some of the class vehicles.

  • November 22, 2024

    Blackberry CEO Escapes Ex-Employee's Sex Harassment Suit

    A California federal judge trimmed a former Blackberry executive's lawsuit claiming she was fired for reporting that the company's CEO sexually harassed her before he assumed the top job, saying she hadn't done enough to bolster her pay discrimination allegation or her discrimination claim against the CEO.

  • November 22, 2024

    Miley Says Claims That 'Flowers' Copied Bruno Mars Are DOA

    Miley Cyrus has asked for the dismissal of a complaint from a music investment company that alleges she ripped off Bruno Mars' "When I Was Your Man" to create her hit "Flowers," arguing the plaintiffs lack standing because they do not own exclusive copyright rights to Mars' song.

  • November 22, 2024

    Social Media MDL Judge Threatens States With Contempt

    A California federal judge presiding over multidistrict litigation concerning social media platforms' allegedly addictive designs told counsel Friday that she's considering holding California and South Carolina state agencies in contempt for refusing to comply with discovery orders, telling counsel, "I can guarantee I will not let this stand."

  • November 22, 2024

    Gaetz, Greene Face Atty Fees Bid For $550,000 In Calif. Suit

    Progressive groups including the NAACP are seeking more than $550,000 in attorney fees and costs from U.S. Rep. Marjorie Taylor Greene and former Rep. Matt Gaetz after escaping their lawsuit alleging that the organizations conspired to pressure city officials in California to cancel the politicians' rallies.

  • November 22, 2024

    Newsom Names Appellate Judges In SF And Orange County

    California Gov. Gavin Newsom has tapped two long-tenured trial court judges for positions on the state's appellate benches, one in San Francisco, the other in Orange County.

Expert Analysis

  • A Look At Calif. Biz Code And The Fight Over Customer Lists

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    To ensure Uniform Trade Secret Act security, California staffing agencies and their attorneys should review Section 16607 of the state Business Code, which prohibits contracts that restrain employees from engaging in other lawful types of business, to understand the process for determining whether a customer list constitutes a trade secret, says Skye Daley at Buchalter.

  • Nvidia Case's Potential Impact On Securities Class Actions

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    In Nvidia v. Ohman Fonder, the U.S. Supreme Court could strip lower courts of their long-standing ability and obligation to holistically weigh all relevant facts supporting plaintiffs' allegations of securities fraud, which would have a wide-ranging impact on securities fraud class actions in the U.S., say attorneys at Labaton Keller.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Where Can Privacy Plaintiffs Sue When Injury Is Online?

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    Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations

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    A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Insights From Calif. Public Labor Board's Strike Rights Ruling

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    The California Public Employment Relations Board's recent rejection of a school district's claim that public employees have no right to conduct unfair labor practice strikes signals its interest in fortifying this central labor right — and warns employers to approach potentially protected behavior with caution, say attorneys at Atkinson Andelson.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Useful Product Doctrine May Not Shield Against PFAS Liability

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    Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.

  • Challenges Of Insuring An NIL Collective

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    Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.

  • Unpacking State AG Approaches To Digital Asset Enforcement

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    Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    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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