California

  • September 22, 2020

    Without Ginsburg, High Court May Still Keep ACA Intact

    The death of U.S. Supreme Court Justice Ruth Bader Ginsburg has ignited new fears that the sudden opening on the bench might lead to the end of the Affordable Care Act in a closely watched case before the high court, but experts cautioned that the health insurance law's fate is far from sealed.

  • September 22, 2020

    Walmart Must Answer Waste Inquiry, Calif. Appeals Court Says

    A California appeals panel on Monday affirmed a lower court's order that Walmart must comply with interrogatories seeking information about its hazardous waste disposal, saying the inquiry falls within the "broad boundaries of the people's investigative power" despite the lifting of an injunction against the retail giant. 

  • September 22, 2020

    What To Watch As Data Privacy Again Grabs Focus In Senate

    Data privacy will be back in the spotlight at the U.S. Senate on Wednesday, with California's attorney general among those set to advise a key committee on long-running efforts to craft federal privacy legislation that would tighten the reins on companies' data handling practices.

  • September 22, 2020

    Split 9th Circ. Scraps Calif. Borrowers' Chase Escrow Fight

    A split Ninth Circuit panel ruled Tuesday that a Depression-era federal law preempts proposed class claims alleging that JPMorgan Chase Bank violated a California mortgage escrow interest statute, though one judge wrote in dissent that the case "should be simple" and that the majority's ruling was at odds with Ninth Circuit precedent and relevant statutes.

  • September 22, 2020

    Asbestos Risk Group Slams EPA's Bid To Avoid Tighter Rules

    Asbestos awareness advocates on Tuesday slammed the U.S. Environmental Protection Agency's effort to dodge a suit pushing for stronger regulations, saying the agency is missing a chance to have a better understanding of asbestos through tighter reporting requirements.

  • September 22, 2020

    Zuckerberg Won't Be Deposed In Oculus Virtual Reality IP Row

    Total Recall Technologies can't depose Facebook CEO Mark Zuckerberg in its suit claiming the founder of Oculus VR stole its headset design and sold it to the social media giant, a California federal judge ruled Tuesday, rejecting TRT's argument that the deposition was relevant to its breach of contract claims.

  • September 22, 2020

    California Consumers Lose Bid For Subclass In Lipitor Case

    A New Jersey federal judge on Tuesday shot down a bid from two California women to create a subclass of Golden State consumers in antitrust litigation against Pfizer Inc. and Ranbaxy Inc. over the cholesterol drug Lipitor, swatting away claims of a purported conflict of interest between them and other end-payors.

  • September 22, 2020

    States Say EPA Has Right To Rescind Calif. Auto Waiver

    Texas and several other states on Monday filed a brief in support of the U.S. Environmental Protection Agency's decision to rescind California's Clean Air Act waiver that allowed it to set its own greenhouse gas standards and run a zero-emissions vehicle program.

  • September 22, 2020

    New DOL Independent Contractor Rule Asks Who's The Boss

    The U.S. Department of Labor's long-awaited proposed rule on classifying workers as employees or independent contractors would depart from decades of past practice by emphasizing some parts of a multifactor test over others, wage and hour attorneys told Law360.

  • September 22, 2020

    Judge Slams Firm's 'Deceptive' Facebook Privacy Deal Ads

    Levi & Korsinsky LLP wrongly ran online advertisements designed to "mislead and deceive" consumers into opting out of a recently secured $650 million biometric privacy settlement with Facebook to pursue their own claims, a California federal judge said during a hearing Tuesday, slamming the law firm's "artful" deception.

  • September 22, 2020

    Disney Sued For Barring Maskless Autistic Boy From Store

    The Walt Disney Co. violated the Americans with Disabilities Act when it barred a 7-year-old autistic boy from one of its stores amid the COVID-19 pandemic because he wasn't wearing a mask, according to a lawsuit filed Tuesday in Pennsylvania federal court.

  • September 22, 2020

    Feds Take Bid To Cut Immigrants From Census To High Court

    The Trump administration pushed the U.S. Supreme Court on Tuesday for permission to exclude unauthorized immigrants from the census count for political redistricting, after a three-judge panel blocked the effort and found that the case was "not particularly close."

  • September 22, 2020

    Daimler $19M Emissions Deal Gets Initial Approval

    A California federal judge on Tuesday granted preliminary approval of a $19 million deal between Daimler AG and its shareholders to settle class action claims that the company used cheat devices to fool emissions tests, inflating its stock and deceiving shareholders.

  • September 22, 2020

    Oregon Fire Destruction Underscores Risk To Pot Businesses

    Oregon officials say seven marijuana businesses burned to the ground and another dozen suffered crop losses amid devastating wildfires, detailing the toll on the industry as operators along the West Coast seek regulatory relief to save their products.

  • September 22, 2020

    Calif. ICE Detainees Get Class Cert. In COVID-19 Safety Suit

    A California federal judge certified a class of detainees in a suit challenging COVID-19 safety conditions at U.S. Immigration and Customs Enforcement's Adelanto, California, detention center, ruling Tuesday that all the members share a Fifth Amendment substantive due process claim.

  • September 22, 2020

    Powell Skeptical Expanding 'Main Street' Would Help Small Biz

    Federal Reserve Chairman Jerome Powell told House lawmakers on Tuesday that to help small businesses weather the coronavirus pandemic, expanding the central bank's Main Street Lending Program may be less effective than reauthorizing the Paycheck Protection Program.

  • September 22, 2020

    Kobe Bryant's Widow Says LA Sheriff Hid Crash Photos Leak

    Kobe Bryant's widow Vanessa Bryant has accused Los Angeles County Sheriff's deputies who responded to the helicopter crash that killed her husband, daughter and seven others of taking gratuitous photos, which the sheriff then covered up.

  • September 22, 2020

    YouTube Calls Piracy Class Action 'Badly Misguided'

    YouTube is pushing back on a class action that claims the site's anti-piracy tools are only designed to protect big movie studios and record labels, calling it a "badly misguided" case filed by a company that has abused the Digital Millennium Copyright Act takedown process.

  • September 22, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As the stalemate over a new COVID-19 pandemic relief bill continues in the federal government, state lawmakers and leaders made progress over the past week with new measures to battle the health and financial fallout of the coronavirus.

  • September 22, 2020

    Feds Can't Delay Order To Stop Putting Migrant Kids In Hotels

    A California federal judge on Monday shot down the government's request to stay her earlier order barring immigration officials from detaining asylum-seeking migrant children in hotels, saying the government made no substantive new arguments in its application while demonstrating "bewildering logic."

  • September 22, 2020

    AGs In A Pandemic: Nessel Talks Michigan Drop Shippers

    Michigan Attorney General Dana Nessel discusses her office's efforts to curb deceptive business practices by drop shippers — middlemen who entice purchasers using false or misleading information — and to educate consumers about the pitfalls of online shopping during the pandemic.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    Juul, Altria Seek To Snuff Out RICO Claims From Vaping MDL

    Juul Labs and Altria Group urged a California federal judge during a hearing Monday to vaporize Racketeer Influenced and Corrupt Organizations Act and public nuisance claims in federal multidistrict litigation over the youth vaping epidemic, arguing consumers and school districts insufficiently pled the companies collaborated to defraud the public.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Overlooked Patent Cases: Lessons On Section 101 Motions

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    As motions to dismiss based on patent eligibility under Section 101 are on the rise, recent, lesser known federal district court decisions offer several drafting insights for patent owners facing eligibility attacks at the pleadings stage, particularly in the high-tech space, say attorneys at Akin Gump.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Class Arbitration May Meet Its Demise At High Court This Term

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    While the Second Circuit’s 2019 opinion in Jock v. Sterling Jewelers and the Ninth Circuit’s recent decision in Shivkov v. Artex exemplify how two interrelated inquiries have rescued class arbitration, the U.S. Supreme Court will likely address the issues this term and extinguish the practice, say attorneys at McGuireWoods.

  • Uber Exec's Charges In Data Breach Case Reveal Novel Risks

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    After the recently announced felony charges against a former Uber executive for failing to inform the Federal Trade Commission of a data breach, there are several action items general counsel should now consider to guard against this disturbing new risk of individual criminal liability, say attorneys at V&E.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Comparing Recent State Data Breach Law Updates

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    Public and private entities should revisit their incident response plans to ensure compliance with and understand the differences among heightened data breach notification requirements that five states and Washington, D.C., added or amended this year, says Jane Petoskey at Polsinelli.

  • Hurdles Ahead For Stock Exchange Direct Listings

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    The U.S. Securities and Exchange Commission's recent approval of primary direct listings at the New York Stock Exchange suggests that companies wishing to bypass initial public offerings may soon have that option, but not without a fight over investor protection and liability concerns, say attorneys at Cleary.

  • Streamlining Power Transmission Siting To Help Renewables

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    It can take years and cost millions of dollars to secure state regulatory approval for electric transmission system upgrades needed to facilitate clean energy development, so it is important for states to create abbreviated siting processes for projects with limited anticipated impacts, says Andy Flavin at Troutman Pepper.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Food Label Ruling Shows How To Make Preemption Stick

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    A California federal court’s recent ruling in Allen v. Conagra Foods, that food mislabeling claims were preempted under U.S. Food and Drug Administration regulation, illustrates how defendants can defeat attempted circumvention of federal preemption, say Jane Metcalf and Brandon Trice at Patterson Belknap.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • Series

    AGs In A Pandemic: James Talks NY Response

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    New York Attorney General Letitia James highlights her office's efforts to ease financial burdens for New York residents and businesses struggling during the pandemic by fighting fraud, policing employers, assisting with debt relief and more.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

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