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California
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August 02, 2024
Iowa, ND Move For Win In NEPA Rule Fight
States led by Iowa and North Dakota are asking a federal judge to scrap a Council on Environmental Quality rule they say threatens to turn the National Environmental Policy Act into an "action-forcing" process to advance the Biden administration's climate and environmental justice goals.
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August 02, 2024
Microphone Co. Eyes Sanctions After Scoring Win In IP Row
A maker of microphone isolation products that won a trade dress infringement lawsuit at trial has asked a California federal court to order a rival and its counsel to pay its attorney fees because of a "repeated pattern of vexatious litigation in the face of overwhelming and contrary law."
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August 02, 2024
McKinsey's $78M Opioid Deal With Health Plans Gets OK
A California federal judge said Friday he'll approve McKinsey & Co. Inc.'s $78 million deal to resolve claims on behalf of approximately 42,000 third-party payors, with class counsel receiving $15.1 million in fees, after the initial settlement was tweaked due to objections from some plaintiffs' attorneys.
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August 02, 2024
DOJ, LA County Settle Disabled Voter Discrimination Suit
The County of Los Angeles has settled the federal government's suit alleging it discriminated against people with disabilities who were trying to vote during recent elections and has agreed to work with an accessibility expert for three years to ensure its voting centers are accessible or can be made accessible.
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August 02, 2024
Wells Fargo's AML, Sanctions Programs Facing Investigation
Wells Fargo & Co. has said it is facing scrutiny from "government authorities" over issues with its anti-money laundering and sanctions compliance programs, further noting it is in talks with the U.S. Securities and Exchange Commission to settle an investigation into its investment account cash sweep offerings.
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August 02, 2024
9th Circ. Revives Indian's Asylum Bid To Flee Persecution
A split Ninth Circuit panel on Friday ruled the Board of Immigration Appeals wrongly denied an Indian national's asylum petition, saying the past threats and a beating he received from political opponents in India amounted to persecution.
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August 02, 2024
Ex-Dropbox Exec Says JPMorgan Can't Block Arbitration
A billionaire co-founder of the file sharing platform Dropbox has asked a California federal court to declare that he can take a JPMorgan wealth management unit to arbitration for more than $225 million in damages he says he suffered at the hands of an investment adviser who previously worked for units of First Republic Bank that JPMorgan acquired last year.
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August 02, 2024
Real Estate Recap: Grants Pass, Population Data, CMBS Risk
Catch up on the past week's key developments by state from Law360 Real Estate Authority — including city and state reactions to the U.S. Supreme Court's ruling on homeless encampments, a new proptech venture leveraging population data for investors and developers, and one BigLaw leader's view of which sectors are most sensitive to commercial mortgage-backed securities distress.
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August 02, 2024
HFZ Capital Cops To $86M Fraud Charges, Blames Ex-Chief
Defunct real estate firm HFZ Capital Group pled guilty in an $86 million criminal case Friday, admitting that its former top executive Nir Meir evaded New York City property taxes and stole funds from commercial and residential building projects.
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August 02, 2024
Family Separation Trial Paused For Settlement
A California federal court has paused a lawsuit from three families separated at the southwestern border under the Trump-era zero tolerance policy as they finalize a settlement with the Biden administration to resolve the suit.
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August 02, 2024
Sister-In-Law Ordered To Testify In Hunter Biden Tax Case
A California federal judge ordered Hunter Biden's sister-in-law, with whom he was romantically involved, and her sister to testify at his upcoming criminal trial in which he is accused of scheming to avoid paying $1.4 million in taxes.
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August 02, 2024
Ex-Lewis Brisbois Partner's Pay Bias Suit Sent To Arbitration
Lewis Brisbois Bisgaard & Smith LLP can arbitrate its former partner's gender discrimination suit claiming she was retaliated against for raising concerns about the firm's "unethical billing practices," a California state court judge ruled Friday, staying the entire case pending arbitration.
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August 02, 2024
Legal Jobs Ticked Down Slightly In July
The legal industry shed 500 jobs in July, continuing a three-month streak of declines following a gain in April, according to preliminary data released Friday by the U.S. Bureau of Labor Statistics.
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August 02, 2024
More Tribes Suing Social Media For Teen Addiction, Suicides
Two more Native American tribes have filed suit against a slew of social media companies, alleging that over the past decade they've contributed to a growing body of research that directly links their platforms to a youth mental health crisis that's plaguing Indian Country.
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August 02, 2024
DOJ Sues TikTok For Sweeping Children's Privacy Breaches
The U.S. Department of Justice on Friday hit TikTok and its parent company with a highly anticipated lawsuit accusing the short-form video app of engaging in "widespread" violations of children's privacy law by collecting a "wide variety" of personal information from kids under 13 without parental consent.
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August 01, 2024
Toyota Accused Of Blocking Rival Hydrogen Fueling Station
Owners of hydrogen-powered Toyota Mirais are suing the automaker, claiming in a proposed class action that Toyota blacklisted a California State University fuel station and has its "boot on the necks" of other hydrogen pump operators in the state.
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August 01, 2024
Lewis Brisbois Slams RICO Claims Alleging 'Sham' Suits
Lewis Brisbois Bisgaard & Smith LLP has urged a California federal judge Tuesday to toss Chinese investors' accusations that its attorneys filed lawsuits to cover their failure to read "draconian" contract terms that led the investors to lose their $92.5 million stake in a $2.5 billion Los Angeles mixed-used development.
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August 01, 2024
Sidley Launches New San Diego Office With Five Partners
Sidley Austin LLP has opened a new office in San Diego, with five partners specializing in a range of areas including mergers and acquisition, venture capital and global finance, marking the global law firm's fifth office in the Golden State, the firm announced Thursday.
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August 01, 2024
NFL Sacks $4.7B Sunday Ticket Verdict With Post-Trial Win
A California federal judge on Thursday overturned a Los Angeles jury's $4.7 billion verdict against the National Football League for violating antitrust laws with its Sunday Ticket television package, granting the league a post-trial win by finding that the plaintiffs' damages experts presented "flawed methodologies."
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August 01, 2024
Calif. AG Says States Opposing 'Clean Fleets' Law Tout EVs
California's Attorney General Rob Bonta looked to slam the brakes Wednesday on a legal challenge brought by 16 states against the Golden State's Advanced Clean Fleets regulation, saying the complaint must be dismissed for lack of standing because the states themselves are encouraging electric vehicle production.
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August 01, 2024
Conservation Groups Take Aim At ESA Regs
Conservation groups are asking a California federal judge to throw out Endangered Species Act regulations put forward earlier this year, claiming federal agencies shortchanged their environmental review duties and moved ahead with changes that will harm the imperiled plants and animals the statute is supposed to protect.
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August 01, 2024
MultiPlan, Insurance Cos. Must Face Collusion MDL In Illinois
The Judicial Panel on Multidistrict Litigation on Thursday centralized in Chicago six class actions challenging the MultiPlan pricing tools that healthcare providers allege are used by UnitedHealth, Aetna, Cigna and other major insurers to systematically underpay out-of-network providers, with more than a dozen similar lawsuits potentially tagging along.
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August 01, 2024
Google Beats RNC's Claims It Censored Fundraising Emails
A California federal judge on Wednesday tossed the Republican National Committee's lawsuit accusing Google of being politically motivated and violating the state's Unfair Competition Law by sending RNC fundraising emails to Gmail users' spam folders, finding the conduct may be unfair in a "colloquial" sense, but is not illegal.
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August 01, 2024
Calif. Jury Clears Bayer In Flea And Tick Med Antitrust Suit
A California federal jury on Thursday cleared Bayer of allegations that it owes millions for cutting anticompetitive deals with pet product retailers to undermine competition from generics makers of flea and tick treatments for dogs.
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August 01, 2024
Boeing, Spirit Aerosystems Escape Calif. Door Blowout Suit
A California federal judge on Wednesday tossed Boeing and supplier Spirit AeroSystems from a product liability lawsuit brought by passengers aboard the Alaska Airlines flight that experienced a midair door plug blowout in January, finding that the Golden State court lacks jurisdictional authority over two of the three defendants.
Expert Analysis
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Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk
A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.
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Deciphering SEC Disgorgement 4 Years After Liu
Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.
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Wiretap Use In Cartel Probes Likely To Remain An Exception
Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.
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Opinion
California Has A Duty To Curtail Frivolous CIPA Suits
As plaintiffs increasingly file class actions against companies for their use of website tracking cookies and pixels, the Legislature should consider four options to amend the California Invasion of Privacy Act and restore the balance between consumer privacy and business operational interests, say Steven Stransky and Jennifer Adler at Thompson Hine and Glenn Lammi at the Washington Legal Foundation.
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Playing The Odds: Criminal Charges Related To Sports Betting
In light of recent sports betting scandals involving MLB player Shohei Ohtani and NBA player Jontay Porter, institutions and individuals involved in athletics should be aware of and prepared to address the legal issues, including potential criminal charges, that sports gambling may bring to their door, say attorneys at Steptoe.
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8th Circ. Insurance Ruling Spotlights Related-Claims Defenses
The Eighth Circuit’s recent Dexon v. Travelers ruling — that the insurer must provide a defense despite the policy’s related-acts provision — provides guidance for how policyholders can overcome related-acts defenses, say Geoffrey Fehling and Jae Lynn Huckaba at Hunton.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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9th Circ. Clarifies ERISA Preemption For Healthcare Industry
The Ninth Circuit's recent ruling in Bristol SL Holdings v. Cigna notably clarifies the broad scope of the Employee Retirement Income Security Act's preemption of certain state law causes of action, standing to benefit payors and health plan administrators, say attorneys at Troutman Pepper.
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State Procurement Could Be Key For Calif. Offshore Wind
A recent ruling from the California Public Utilities Commission highlights how the state's centralized electricity procurement mechanism could play a critical role in the development of long lead-time resources — in particular, offshore wind — by providing market assurance to developers and reducing utilities' procurement risks, say attorneys at Wilson Sonsini.
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Calif. Budget Will Likely Have Unexpected Tax Consequences
A temporary suspension of net operating loss deductions and business incentive tax credits, likely to be approved on June 15 as part of California’s next budget, may create unanticipated tax liabilities for businesses that modeled recently completed transactions on current law, says Myra Sutanto Shen at Wilson Sonsini.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Politics In The Workplace: What Employers Need To Know
As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain
The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.