California

  • April 09, 2020

    9th Circ. Rolls Back Union Pacific Worker's $5M Injury Award

    A Union Pacific truck driver's $5 million trial award for injuries suffered from a bridge collapse must be reduced, or he must undergo a new trial, the Ninth Circuit ruled Thursday in finding that an award of $1.5 million in future lost wages was not justified.

  • April 09, 2020

    Humane Society Says USDA Poultry Regs Risk Pandemics

    Amid reports that the novel coronavirus likely jumped from animals to humans, the Humane Society sued the U.S. Department of Agriculture on Wednesday in California federal court, saying it is not doing enough to regulate poultry farms that risk spreading zoonotic diseases to humans.

  • April 09, 2020

    9th Circ. Judge Slams ICE Detainee's Virus-Based Release Bid

    A split Ninth Circuit panel sent an immigration detainee’s coronavirus-based emergency release bid to a California district court on Thursday, though the dissenting judge said the appeals panel should have tossed the case by the man with no COVID-19 symptoms, asking "If he's entitled to relief, who isn't?"

  • April 09, 2020

    Facebook Accuses Thai Advertiser Of ‘Cloaking’ Scam

    A Thai man has been circumventing Facebook's and Instagram’s rules by posting seemingly innocuous advertisements for sweaters or kitchen utensils whose links in fact lead to web pages dedicated to cryptocurrency and diet scams, the social media giants said in a breach of contract suit Thursday.

  • April 09, 2020

    Fitbit Says Philips Is 'Free-Riding' On Patented Health Tech

    Fitbit Inc. is escalating a legal battle with Philips by accusing it of "free-riding" on its patented health-monitoring technology, months after the Dutch tech giant lodged its own complaints against Fitbit in both district court and the U.S. International Trade Commission.

  • April 09, 2020

    'Walking Dead' Theme Park Actor Sues Universal Over Assault

    A "Walking Dead" theme park actor who says he was punched in the face by a guest lobbed an assault and battery lawsuit against Universal Studios Hollywood in California court Wednesday, alleging it has created an environment that encourages guests to attack and harass employees who have ended up in the hospital.

  • April 09, 2020

    Fed. Circ. Revives Nevro Spine Pain IP Axed As Indefinite

    The Federal Circuit on Thursday revived claims of four Nevro Corp. patents covering spinal cord stimulation technology that a California federal judge had invalidated as indefinite, faulting how the judge construed several key terms.

  • April 09, 2020

    Gunderson Dettmer-Led Data Co. Closes On $250M In Funding

    A data management company that counts law firms Sheppard Mullin, Quarles & Brady and Shumaker Loop & Kendrick among its customers closed Thursday on a $250 million funding round led by Gunderson Dettmer that valued the company at $2.5 billion.

  • April 09, 2020

    Calif. Insurer Fights $21M Jury Verdict, $6M Fee Award

    Cypress Insurance Co. asked a Georgia federal court Wednesday to hold rare oral arguments on post-trial motions regarding a $21 million award for the family of a pedestrian run over by a trucker, saying a $6 million special verdict for legal fees should be argued orally because it “equates to paying counsel at a rate of $5,500 an hour.”

  • April 09, 2020

    Calif. Small Businesses Sue China For $8T Over COVID-19

    Two California real estate companies and some small business groups have filed a proposed federal class action against China on behalf of all American small businesses, seeking at least $8 trillion for what they say is the Chinese government's culpability in the COVID-19 pandemic.

  • April 09, 2020

    Handball Player Isn't Eligible For 'Extraordinary Ability’ Visa

    A Russian player for the Los Angeles Team Handball Club has not sufficiently shown that he qualifies for an EB-1 “extraordinary ability” visa, a California federal judge has concluded, upholding Citizenship and Immigration Service’s decision to deny his visa petition.

  • April 09, 2020

    Real Estate Rumors: Waterbridge, Soon-Shiong, Weiss

    A Waterbridge Capital venture is reportedly looking for $251 million of financing for a downtown Los Angeles mixed-use property, billionaire Patrick Soon-Shiong may personally buy a former Los Angeles hospital and Weiss Group of Cos. has reportedly scored $21.3 million in financing for a Miami mixed-use project.

  • April 09, 2020

    Law Firm Accused Of Aiding Producer's Alleged Spycam Plot

    California-based law firm Jeffer Mangels Butler & Mitchell LLP has been hit with a lawsuit in Los Angeles court claiming one of its name partners was involved in Hollywood honcho Aaron Kaplan's alleged plot to plant spy cameras in the bedroom of his brother's widow.

  • April 09, 2020

    L.A. Mayor Signs Modified COVID-19 Paid Sick Leave Order

    Los Angeles has adopted a supplemental paid sick leave policy, providing workers at larger companies with time off for COVID-19-related issues in an attempt to cover workers who were not included under the federal paid sick leave legislation.

  • April 09, 2020

    Oil Well Permits Didn't Need Enviro Review, Calif. Court Says

    California regulators did not violate state law by authorizing Aera Energy LLC to drill in a Kern County oil field without an environmental review, a state appeals court held Wednesday, rejecting claims from resident and environmental groups.

  • April 09, 2020

    FaZe Clan Must Cover Director's Fees In 'Corporate Raid' Case

    A Delaware vice chancellor on Thursday ruled gaming company FaZe Clan Inc. must advance legal fees to one of its directors to defend himself from claims in a California action asserting he participated in an "overnight corporate raid" to take control of the esports venture.

  • April 09, 2020

    Cos. Seek Out Of Fraud Suit Over Chinese Pipe-Fitting Imports

    Three importers accused of evading a triple-digit tariff on pipe fittings told a California federal court that their welded outlets are different from those targeted by the duty.

  • April 09, 2020

    Biz Group Wants Justices To Tackle NFL 'Sunday Ticket' Suit

    The U.S. Chamber of Commerce backed the NFL and DirecTV in their push for U.S. Supreme Court review of a Ninth Circuit ruling that revived an antitrust suit over "Sunday Ticket" games, saying it threatens to upend lawful joint ventures.

  • April 09, 2020

    PG&E Touts Erin Brockovich's Support Of Reorganization Plan

    Pacific Gas & Electric is drumming up support for its reorganization plan, trumpeting Thursday an endorsement from consumer advocate Erin Brockovich, who led a legal battle against the utility over contaminated California drinking water in the mid-1990s and said wildfire victims’ “best way forward” is confirming the plan.

  • April 09, 2020

    Google Can't Ditch Privacy Suit Over Recording Users

    A California federal judge said Thursday she'll likely trim some claims from a proposed class action alleging Google Assistant software surreptitiously records consumers without consent in violation of privacy laws, but she'll allow the consumers a chance to amend their complaint.

  • April 09, 2020

    SEC Settles With 2 Traders Over 2016 Hack Of Its Database

    The U.S. Securities and Exchange Commission has resolved claims with two stock traders allegedly involved in the 2016 hack of the agency’s Edgar electronic filing system by a Ukrainian national.

  • April 09, 2020

    9th Circ. Says JAG Atty's License Case Belongs In Fed. Court

    A lawyer with the California Army National Guard is under hybrid state and federal oversight, the Ninth Circuit said Wednesday, and was properly granted a removal to federal court of a case accusing him of practicing law in California without a license.

  • April 09, 2020

    'Apprentice' Outtakes Relevant In Fraud Suit Against Trump

    Unaired footage from two episodes of "The Celebrity Apprentice" is relevant to a proposed class action claiming Donald Trump scammed investors into buying worthless stakes in marketing company American Communications Network prior to becoming president, a federal judge ruled Thursday.

  • April 09, 2020

    9th Circ. Revives Wiretap Claims In Facebook Privacy Suit

    The Ninth Circuit ruled Thursday that Facebook users accusing the company of unlawfully tracking browsing histories could move forward with several wiretap and privacy claims, but that they had failed to allege the necessary elements for three other allegations.

  • April 09, 2020

    Drivers Claim Honda Acura Computer Defect Stops Cars

    A proposed class of Acura drivers is suing American Honda Motor Co. Inc., alleging that a computer defect in cars made in the last few years causes the vehicles to slow or even come to a complete stop while driving, putting drivers at risk of accidents.

Expert Analysis

  • What COVID-19 Means For Opportunity Zone Projects

    Excerpt from Lexis Practice Advisor
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    Opportunity zone project owners nervous about upcoming deadlines can expect some leniency from the U.S. Department of the Treasury in light of the current pandemic conditions; but raising capital will likely get harder, says Jessica Millett at Duval & Stachenfeld.

  • Calif. Organic Waste Regs Mean Sweeping Changes For Cos.

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    With the California Department of Resources Recycling and Recovery set to release final regulations aimed at aggressively minimizing organic waste, businesses should review their obligations under the rules as well as the details of their local jurisdiction’s implementation, say attorneys at Gibson Dunn.

  • CARES Act May Propel Gig Economy Employment Law Shift

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    The Coronavirus Aid, Relief, and Economic Security Act’s extension of unemployment benefits to independent contractors could provide insight into how gig economy employment law standards might evolve, but some proposed changes may do more harm than good, says Kevin Vozzo at Epstein Becker.

  • Electric Utilities May Need Policy Help For COVID-19 Losses

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    The closure of businesses, schools and government agencies due to COVID-19 has made it difficult for electric power providers to recover their authorized revenue requirement, so proactive policy solutions may be needed to protect ongoing provision of electricity service, say attorneys at Holland & Knight.

  • Coronavirus Stimulus Fraud May Be A Target For State AGs

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    Emboldened by their 2009 financial recovery enforcement experiences, state attorneys general are expected to play a large role in rooting out fraud, waste and abuse related to Coronavirus Aid, Relief, and Economic Security Act funds, says Jeff Tsai at DLA Piper.

  • Virus Class Actions Against Chinese Gov't Face Uphill Battle

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    Three recently filed class actions claim that the Chinese government is liable for injuries and damages in the U.S. caused by COVID-19 — but precedent suggests that plaintiffs in these cases face little likelihood of recovery, say Robert Boone and Simren Gill at Bryan Cave.

  • Opinion

    In #MeToo Era, Victims Must Have Choice Over NDAs

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    States have started enacting laws that invalidate nondisclosure agreements in sexual harassment cases, but victims should have the individual choice of whether to agree to confidentiality, say Lynne Bernabei and Kristen Sinisi at Bernabei & Kabat.

  • How Sellers Can Avoid Price-Gouging For 'Essential' Cannabis

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    With the nascent cannabis industry unexpectedly being labeled "essential" and experiencing a sudden surge in consumer demand, dispensaries and operators must be careful to avoid triggering violations of state-specific price-gouging laws, say Joshua Mandell and Evelina Gentry at Akerman.

  • Social Distance And Livestreams: Protecting Music Copyright

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    As social distancing forces musical performances to be streamed live online, artists and music publishers can continue to generate income by firmly enforcing their copyrights and ensuring compliance with licensing requirements, say Tal Dickstein and Nathalie Russell of Loeb & Loeb.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • Potential Federal Vs. State Conflicts Due To COVID-19

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    When President Donald Trump decides it's time to kick-start the economy, governors will need to be prepared to answer some hard questions, like whether refusing to reopen nonessential businesses while managing the COVID-19 crisis in their states would be in violation of federal law, say David Blake and Kristina Arianina at Squire Patton.

  • Does COVID-19 Fall Under Insurers' Pollution Exclusions?

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    Despite inconsistent rulings from state and federal courts, an analysis of bacterial and viral contamination cases provides insight on whether COVID-19 is the type of environmental harm expected to fall within insurance policies' pollution provisions, says Elise Allen at BatesCarey.

  • What Calif. Office Of Tax Appeals Says About Income Sourcing

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    While California's Office of Tax Appeals has issued few corporate decisions since opening in 2017, a look at its opinions thus far provides clues about how the agency will approach income sourcing and other weighty corporate issues, say Timothy Gustafson and Alexandra Louderback at Eversheds Sutherland.

  • Examining California's Urgency And Emergency Powers

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    California has been one of the most active states to take strong actions in response to COVID-19, and state and local governments will likely continue to push forward urgency or emergency regulations that could have a profound impact on businesses, say Brandon Young and Jacob Itzkowitz at Manatt.

  • Opinion

    Calif. Auto Defect Law Incentivizes Overlitigation

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    California’s lemon law was meant to help consumers obtain quick resolution for serious vehicle defects, but plaintiffs attorneys appear to be taking advantage of the fee-shifting provisions of the law to generate large windfalls for themselves, says Kyla Christoffersen Powell, president of the Civil Justice Association of California.

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