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September 26, 2024
NY Lawmakers Beat ADA Suit Over Contentious Mask Ban
A New York federal judge threw out a challenge to Nassau County's ban on face masks worn by people trying to hide their identities in public, noting in an order Wednesday the plaintiffs lack standing since the ban doesn't apply to coverings worn to protect the wearer's health and safety.
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September 26, 2024
9th Circ. Says Defense Owed In Salesforce Trafficking Row
Travelers must defend Salesforce against consolidated underlying sex trafficking claims being litigated in Texas state court, the Ninth Circuit ruled, rejecting the insurer's position that because Salesforce's alleged violation of Texas sex trafficking statutes necessarily involved expected or intentional conduct, it had no defense obligation.
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September 26, 2024
Nvidia Seeks 'Unworkable' Pleading Standard, Justices Told
Nvidia Corp. shareholders asked the U.S. Supreme Court on Wednesday to reject the company's "unworkable" reading of the pleading standards under the Private Securities Litigation Reform Act, arguing that they've presented plenty of evidence to move forward with claims that the company hid its $1 billion exposure to the volatile cryptocurrency market.
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September 26, 2024
Qualcomm Eyes Massive Buyout Of Intel, Plus Other Rumors
Qualcomm has approached struggling rival Intel with a takeover offer, Chevron's $53 billion acquisition proposal for Hess is expected to win regulatory clearance, and private Equity Firm BC Partners wants to buy a minority stake in EuroLeague. Here, Law360 breaks down these and other notable deal rumors from the past week.
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September 26, 2024
Apple Protests Atty Fee Bid In $35M Deal With Scam Victims
Apple Inc. urged a California federal court to limit the fee awarded to plaintiffs' attorneys from a $35 million settlement over allegations it did not stop scammers from tricking victims into using iTunes gift cards for payments, saying the 33% fee sought is too high for the "fair but unexceptional recovery."
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September 26, 2024
Robinhood Arbitration Pact Not Obvious To Users, Judge Says
Robinhood Financial LLC cannot show that a user who claims the platform failed to notify him of important developments regarding his investments was made aware of an arbitration clause buried in the company's user agreement, a Massachusetts state court judge said.
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September 26, 2024
MLB Fan Gets Chance To Prove Ohtani Home Run Ball Is His
A Florida state judge will allow Friday's auction of the ball Major League Baseball superstar Shohei Ohtani hit for a historic home run to begin, but will not let it be sold before an October hearing on whether an 18-year-old fan had the ball snatched from him at the ballpark that night.
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September 26, 2024
Judge Tosses Hyundai EV Battery Trade Secrets Suit
A California federal judge threw out a trade secrets suit brought against Hyundai Motor Co. by a startup company claiming it misappropriated its electric vehicle battery technology and violated a nondisclosure agreement, ruling that the Golden State is not the proper venue for the claims against the South Korean automaker.
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September 26, 2024
Ex-NBA Star Tells Jury He Was Duped By Ga. Businessman
Former NBA superstar Dwight Howard told a Manhattan federal jury Thursday that an Atlanta businessman tricked him into making a $7 million investment that he thought was for the purchase of a women's basketball franchise, a promise that turned out to be "a slap in the face."
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September 25, 2024
In-House Counsel To Play Central Role At AI Cos., VCs Say
Venture capital firms expect in-house counsel at artificial intelligence companies to play a bigger role in their businesses due to regulatory uncertainties around AI, while a professor who helped pioneer the technology warned that transparency of commercial AI businesses should be "top of mind," attorneys heard at the seventh annual Berkeley Law AI Institute Wednesday.
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September 25, 2024
Developer's NorCal Spree Ends With Fraud Claims In Ch. 11
Northern California real estate company LeFever Mattson stockpiled more than $400 million in real estate, including several local landmarks in a small town north of San Francisco. The firm now seeks bankruptcy protection amid claims following an alleged scheme by one executive to pocket millions by selling bunk equity stakes to investors.
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September 25, 2024
9th Circ. Chief Talks Caseload, AI, Trivia At Fed Bar Luncheon
Ninth Circuit Chief Judge Mary H. Murguia touted the appellate court's efforts to reduce pending cases, revealed that recommendations are forthcoming about how the courts can use artificial intelligence and shared fun trivia about her colleagues during the Federal Bar Association's annual luncheon Wednesday for the Northern District of California.
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September 25, 2024
Ex-Cognizant Worker Says Co. 'Mandate' Was To Hire Indians
A former employee at Cognizant Technology testified Wednesday as a witness for a class of former employees alleging the company discriminates against non-Indian workers, and said he believes the company did not just have a preference for hiring workers from India through the H-1B visa program, but that it was "a mandate."
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September 25, 2024
Feds Urge Judge Not To Ax Novel Insider Trading Conviction
Prosecutors have hit back at former Ontrak CEO Terren Peizer's bid to ax his first-of-its-kind insider trading conviction and score a new trial, telling a California federal judge that the jury had all the information it needed to find Peizer guilty in June.
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September 25, 2024
Kraken Seeks Quick Appeal Of Dismissal Denial In SEC Suit
Cryptocurrency exchange Kraken requested an immediate appeal of an order that declined to dismiss the U.S. Securities and Exchange Commission's registration claims, asking that the Ninth Circuit weigh in on whether an alleged investment contract can violate securities laws if it doesn't represent any pact between issuers and buyers.
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September 25, 2024
Split Panel Won't Ax $10M Award For Tennis Coach Sex Abuse
A split California appellate panel has affirmed a $10 million jury verdict in a suit seeking to hold a school district liable for the sexual abuse of a student by a tennis coach, saying the trial court did not err by allowing evidence of the coach's conduct with other students.
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September 25, 2024
Lookback Window Claims Cut From Disney Sex Abuse Suit
A California state court on Wednesday trimmed down a Walt Disney Co. employee's sexual assault lawsuit against the entertainment giant and one of its former longtime executives, holding that the case was filed after the state's one-year lookback window for sex abuse claims had expired.
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September 25, 2024
Defense Contractor Hit With $2.25M Fine For Bribery Scheme
A California federal judge issued a $2.25 million fine to a defense company for its role in a bribery scheme through which a former executive bribed an ex-Navy contracting official in exchange for lucrative contracts.
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September 25, 2024
All Mariah Carey Wants Is To Ax 'Christmas' IP Row For Good
Mariah Carey and Sony Music Entertainment hope to finally put to bed a copyright infringement suit over the now-decades-old Christmas hit "All I Want For Christmas Is You," telling a California federal judge this week that the accusing musicians have not shown the similarities are anything more than common holiday tropes.
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September 25, 2024
FTC Targets 'Robot Lawyer,' Others In AI Enforcement Sweep
The Federal Trade Commission on Wednesday revealed a flurry of recent enforcement actions aimed at cracking down on the use of artificial intelligence to "supercharge" harmful and deceptive business practices, including a case targeting "lofty" claims made about a service that promised to provide "the world's first robot lawyer."
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September 25, 2024
Hairbrush Co.'s Patent Suit Over Straighteners Settles
A hairbrush company and an investment firm that together filed several lawsuits accusing various companies of "poisoning" the market with knockoffs of their patented ceramic straightening brush asked a California federal judge Wednesday to dismiss the last of those cases, stating that the claims have been settled.
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September 25, 2024
EPA Can't Justify Calif. Emissions Ruling, High Court Told
Republican-led states told the U.S. Supreme Court the U.S. Environmental Protection Agency can't justify a D.C. Circuit decision backing its authorization of a Clean Air Act waiver allowing California to set its own greenhouse gas emissions standards for certain vehicles and run a zero-emissions vehicle program.
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September 25, 2024
Boies Joins Authors' Meta IP Suit After Judge Blasts Lead Atty
Veteran litigator David Boies and a top member of his firm have joined the team heading a proposed class action against Meta Platforms Inc. for allegedly using copyrighted material to train its artificial intelligence product "Llama" — days after a California federal judge told the lead plaintiff's attorney, "You are not doing your job."
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September 25, 2024
Poppi's 'Gut Healthy' Sodas Are Harmful To The Gut, Suit Says
The maker of Poppi-brand sodas misleadingly advertises the products as "prebiotics for a healthy gut," despite the fact that it's full of sugar, which is harmful to overall health and heightens the risk of obesity, Type II diabetes and other issues, alleges a putative class action filed in California federal court.
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September 25, 2024
Calif. Judge Says Fluoride In Water Risks Lowering Kids' IQ
A California federal judge on Tuesday agreed with green groups that the U.S. Environmental Protection Agency's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ and directed the EPA to act.
Expert Analysis
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6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth
Following the U.S. Department of Justice’s first-ever criminal prosecution over telehealth-prescribed controlled substances in U.S. v. Ruthia He, healthcare providers should be mindful of the risks associated with restricting the physician-patient relationship when crafting new business models, says Jonathan Porter at Husch Blackwell.
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Expect The Unexpected: Contracts For Underground Projects
Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Navigating Scrutiny Of Friendly Professional Corps. In Calif.
In light of ongoing scrutiny and challenges to private equity participation in the California healthcare marketplace, particularly surrounding the use of the friendly professional corporation model, management services organizations should consider implementing four best practices, say attorneys at Holland & Knight.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 in California, which saw efforts to expand consumer protection legislation and enforcement actions in areas of federal focus like medical debt and student loans, demonstrated that the state's role as a trendsetter in consumer financial protection will continue for the foreseeable future, say attorneys at Sheppard Mullin.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.