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October 08, 2024
9th Circ. Affirms Atty Fee Reduction In Cathode Suit
A three-judge Ninth Circuit panel on Monday upheld a lower court's decision to cut more than $2 million from plaintiff's firm Cooper & Kirkham's $3.45 million fee award in a multidistrict litigation settlement over alleged cathode ray tube price-fixing litigation.
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October 08, 2024
Legal Tech Co. EvenUp Valued At $1B After $135M Series D
The legal technology sector has a new unicorn after artificial intelligence provider EvenUp secured a $135 million Series D funding round and reached a $1 billion valuation on Tuesday.
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October 08, 2024
London Blank-Check Eyes Reverse Takeover 2 Years After IPO
Cash shell Milton Capital PLC said Tuesday that it has reached a preliminary agreement with Horizon Energy Global Corp. that could result in the energy company taking over Milton's listing on the London Stock Exchange two years after it was first listed.
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October 08, 2024
AGs Slam TikTok With Youth Addiction, Fraud Claims
More than a dozen states have sued TikTok, alleging the popular social media platform targets young users and manipulates them into becoming habitual users while downplaying the harmful effects it can have on mental health and development.
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October 07, 2024
9th Circ. Eyes 'Justiciability' Of Ex-Rabobank Exec's OCC Row
A Ninth Circuit panel Monday signaled doubts about a former Rabobank executive's challenge to enforcement proceedings that the Office of the Comptroller of the Currency abruptly abandoned last year, flagging key mootness concerns while still expressing some unease with the agency's handling of the matter.
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October 07, 2024
9th Circ. Asked To Take Another Look At 'Patent Misuse' Case
Atrium Medical Corp. has urged the full Ninth Circuit to reconsider a panel ruling siding with rival medical product maker C.R. Bard in a $52.8 million lawsuit over patent royalty provisions, saying the panel "inappropriately dispensed with the evidence adduced below and the district court's fact-finding."
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October 07, 2024
Activist Short Seller Blasts 'Preposterous' SEC Fraud Suit
The founder of Citron Research, a newsletter for short sellers, has asked a California federal court to dismiss the U.S. Securities and Exchange Commission's fraud suit against him and his investment advisory firm, arguing the suit "strategically omits" the disclaimers it accused the founder of not making.
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October 07, 2024
Boehringer Defends Zantac As Cancer Jury Trial Kicks Off
Boehringer Ingelheim Pharmaceuticals defended the company's heartburn medication Zantac during the defense's opening statements in a product liability trial Monday, telling California jurors that trial evidence will show the plaintiff never used Boehringer's over-the-counter Zantac products, and that other risk factors put him at risk of developing bladder cancer.
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October 07, 2024
Attys Want $20M Fees For Netting $64M Tuna Price-Fixing Deal
Attorneys representing a class of purchasers who sued several canned tuna producers have asked a California federal judge for nearly $20 million in fees and costs associated with their recently inked $64 million settlement, saying the award is fair considering the effort the case took to prosecute and the complexity of the deal.
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October 07, 2024
ITC Judge Pushes For Import Ban In Liver Drug Secrets Row
The U.S. International Trade Commission's chief judge is recommending the agency block a Hong Kong-listed drug developer from potentially marketing unapproved treatments for a type of liver disease for the next seven years, a win for another company behind a different unapproved treatment for the same type of liver disease.
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October 07, 2024
Valero, Port Cos. To Pay $2.4M To End Bay Area Pollution Suit
Valero and three port companies will pay nearly $2.4 million to resolve a nonprofit's lawsuit accusing the defendants of illegally dumping petroleum coke into the water without proper permits, in violation of the Clean Water Act, according to a consent decree signed by a California federal judge on Monday.
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October 07, 2024
9th Circ. Revives Asylum App Denied Over Alleged Plagiarism
The Ninth Circuit revived an asylum application from an Indian national allegedly persecuted for his membership in a Sikh separatist political party, saying an immigration judge incorrectly denied the application based on its general similarities with other Indian nationals' asylum applications.
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October 07, 2024
Biotech, Medical Device Firms Prep Three IPOs Totaling $376M
Two venture-backed biotechnology startups and a medical device maker launched plans on Monday for three initial public offerings projected to raise about $376 million combined, adding to a busy schedule of IPOs this week.
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October 07, 2024
Texas Ghost Gun Cos. Can't Keep Calif. Suit In Fed Court
A California federal judge has sent back to state court a suit by the state alleging three Texas-based companies are trying to get around California's prohibition on equipment used primarily or exclusively to make "ghost guns," finding the companies haven't shown that there's diversity among the parties.
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October 07, 2024
High Court Doubts States Can Police Federal Rights Claims
The U.S. Supreme Court seemed poised Monday to strike down an Alabama law requiring litigants to exhaust state administrative remedies before they file claims in state court accusing local officials of violating federal rights, with several justices suggesting the court already answered that question almost 40 years ago.
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October 07, 2024
Title Co. Denied Early Win In $13M Hotel Investment Fight
A California federal judge declined to grant a title company an early win in a lawsuit brought by an investor accusing it of improperly releasing the investor's $13 million contribution to a 17-hotel deal, finding that a dispute remained over multiple factual issues.
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October 07, 2024
T-Mobile Contractor's $27M Phone Order Suit Gets Cancelled
A Washington federal judge has again thrown out a mobile phone manufacturer's $27 million lawsuit accusing T-Mobile of reneging on purchase orders — this time, for good — ruling the company's revised claims are still at odds with the carrier's contractual right to cancel.
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October 07, 2024
Vendor Says Rue21 Skipped $2M In Bills For Clothing
A Los Angeles-based clothing supplier has sued Rue21, saying the fashion retailer stiffed it on $300,000 worth of invoices and is on the hook for $1.7 million to another vendor.
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October 07, 2024
Ex-CEO Of Tribal Telecom Co. Indicted For $500K Fund Theft
A former executive with a telecommunications company owned by the Yurok Tribe has been indicted by a San Francisco federal grand jury on charges she embezzled more than $500,000 from the tribe.
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October 07, 2024
Target's '100% Pure' Avocado Oil Not So Pure, Suit Says
Target customers hit the retailer with a putative class action in California federal court alleging its line of Good & Gather avocado oil is not 100% pure as the label suggests, and instead may contain additives like other lesser quality oils.
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October 07, 2024
Calif. Landlord Sued By Tenants Over 'Hidden' Rent Fees
A California multifamily landlord responsible for over 60,000 apartments wrongfully charged tenants "hidden and misleading" rent fees, a proposed class of tenants has claimed in California federal court.
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October 07, 2024
Brothers' $10B Real Estate Battle Nets Another $11.6M In Fees
A California judge granted over $11 million in attorney fees Monday to a man who prevailed in a 20-year legal battle with his brother over a real estate empire when a jury awarded him and his other brothers a $10 billion verdict, granting the bulk of the request.
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October 07, 2024
Epic Judge Orders Google To Let Rivals Set Up App Stores
A California federal judge on Monday ordered Google to offer third-party options for downloading apps on Android phones, banned it from offering companies financial incentives to discourage competition with Google Play and blocked it from signing developer deals to have an app launch first or exclusively in its app store.
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October 07, 2024
9th Circ. Nixes Judicial Complaint Over Atty 'Disbar' Threat
The Ninth Circuit has rejected a judicial misconduct complaint against a judge who allegedly suggested that he could "disbar" a lawyer.
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October 07, 2024
Justices Won't Review 9th Circ. Case On Service Issue
The U.S. Supreme Court declined on Monday to review a Ninth Circuit decision enforcing an arbitral award favoring a Los Angeles-based film production company over a 2020 Jessica Chastain movie, in a case that raised a technical question relating to service of process on foreign parties.
Expert Analysis
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Payward And The Secondary Crypto Transaction Confusion
Following orders in cases against Coinbase and Binance, the recent California federal court ruling in U.S. Securities and Exchange Commission v. Payward raises even more questions about regulation of secondary transactions involving crypto-assets, as it tries to sidestep fundamental flaws in the SEC's legal theories, say attorneys at Cahill Gordon.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Takeaways From Texas AG's Novel AI Health Settlement
The Texas attorney general's recent action against a health tech company marks another step in rapidly proliferating enforcement against artificial intelligence and privacy issues across multiple states, and highlights important risk mitigation considerations for health companies that implement AI systems, say attorneys at Troutman Pepper.
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.
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What To Expect From Calif. Bill Regulating PE In Healthcare
A California bill currently awaiting Gov. Gavin Newsom's approval, intended to increase oversight over private equity and hedge fund investments in healthcare, is emblematic of recent increased scrutiny of investments in the space, and may affect transactions and operations in California in a number of ways, say attorneys at Ropes & Gray.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Reassessing Lease Provisions To Account For ESG Initiatives
As companies seek to build ESG considerations into their businesses, it's crucial to understand how such initiatives can quickly become significant enough to compel reassessment of lease agreement provisions, and how best to modify leases accordingly, say Julian Freeman and Gabe Pitassi at Cox Castle.
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What 7th Circ. Collective Actions Ruling Means For Employers
With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.
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Google And The Next Frontier Of Divestiture Antitrust Remedy
The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.