California

  • July 30, 2021

    Munger Tolles Helped CEO Prep To Testify In Criminal Trial

    Applied Material Inc.'s current CEO testified during a criminal trial Friday that Munger Tolles & Olson LLP partners, who represent Applied in civil trade secret theft litigation that precedes the criminal case, helped him prepare to testify in the government's criminal case against four former Applied employees.

  • July 30, 2021

    House Dems Want More District Judges, Too — 203 Of Them

    A group of House Democrats on Friday unveiled a proposal to create 203 new federal judgeships, introducing legislation a day after a bipartisan pair of senators proposed adding 77 federal district court seats in the coming years.

  • July 30, 2021

    Ross Keeps Billion-Dollar COVID Loss Suit Against Insurers

    A California state judge has given Ross Stores Inc. the green light to pursue its COVID-19 business interruption claims against Zurich, AIG and other insurers, rejecting the carriers' dismissal motions and saying a contamination exclusion may not bar virus losses.

  • July 30, 2021

    Avenatti Lied About $3M NBA Player Deal, Ex-Client Testifies

    One of Michael Avenatti's former clients told the California federal jury in his embezzlement trial Friday that the suspended attorney lied about the terms of her $3 million settlement with NBA player Hassan Whiteside, leading her to believe it was Whiteside's fault she wasn't receiving the money.

  • July 30, 2021

    Jury Clears NextGen In Rare 'Holder's Claim' Securities Trial

    A California jury cleared NextGen Healthcare in what the company's attorneys called a rare, precedent-setting securities case brought by an investor claiming he was duped out of selling his shares — the first time a so-called "holder's claim" has ever been tried in California.

  • July 30, 2021

    9th Circ. Won't Make Google Pay $8.5M Atty Fees In Ad Suit

    Google will only pay $725,000 to the attorneys representing online advertising network AdTrader in a putative class action over advertising account closures, rather than the $8.5 million the attorneys requested, the Ninth Circuit ruled Friday, finding the appeal is premature as the case is ongoing.

  • July 30, 2021

    Tech Worker Nonprofit Seeks To Back Trump-Era H-1B Limits

    A nonprofit organization that says it speaks for U.S. technology workers, and is represented by a prominent conservative attorney, asked a California federal judge Friday for permission to file a friend-of-the-court brief backing the federal government's defense of a Trump-era rule increasing restrictions for workers on H-1B specialty occupation visas.

  • July 30, 2021

    Anthem Sued Over Alleged Refusal To Cover Spinal Device

    A patient has argued in a proposed class action in California federal court that Anthem Inc. abandoned its duties under ERISA by refusing to cover a device that treats degenerative spinal conditions.

  • July 30, 2021

    Allegheny County Sues Pa. AG Over $26B Opioid Deal

    The district attorney for Allegheny County on Thursday sued Pennsylvania's attorney general over the proposed $26 billion opioid settlement, following the Philadelphia district attorney's accusations a week ago that the deal with Johnson & Johnson and major distributors was a sellout.

  • July 30, 2021

    Calif. Fertility Clinic Can't Nix Google Employee's Privacy Suit

    A fertility clinic accused of blasting a patient's medical history of in-vitro fertilization to her co-workers at Google Inc. via a group email address can't dodge the woman's privacy lawsuit, a California appeals court ruled Thursday, saying that the state's anti-SLAPP law doesn't apply.

  • July 30, 2021

    Sprint Says Phone Lease Cost Suit Belongs In Arbitration

    Sprint says that claims from two of its customers accusing the telecom company of misleading them about the true cost of its phone lease program belong in arbitration, not in California federal court.

  • July 30, 2021

    High Court Poised To Move The Needle On Takings Law

    The U.S. Supreme Court sent several property owner-friendly messages in opinions and dissents in land takings disputes last term, and the court has signaled it may further shift power to private owners in cases alleging that governments unconstitutionally took value from properties in violation of the Fifth and 14th Amendments.

  • July 30, 2021

    9th Circ. Backs Carrier's Tariff Rates In Verizon Row

    The Ninth Circuit partially granted Wide Voice LLC's petition to review a Federal Communication Commission order that declared the local exchange carrier's tariff rate unlawful due to charging of excessive step-down rates for Verizon.

  • July 30, 2021

    Fed Circ. Won't Change Its Mind In Hard Drive IP Fight

    The full Federal Circuit turned down Western Digital Corp. in the hard drive giant's efforts to throw out claims in a data security patent asserted by SPEX Technologies Inc. in California federal court.

  • July 30, 2021

    Feds Join Medicare Advantage FCA Suits Against Health Giant

    The federal government said on Friday that it has officially joined in on a half-dozen lawsuits claiming various Kaiser Permanente entities defrauded Medicare Advantage by exaggerating patient illnesses.

  • July 30, 2021

    IWeb Inks $3.7B Deal For Nigeria-Based Tingo Mobile

    Technology development company iWeb said Friday it plans to snap up Tingo Mobile in a $3.7 billion deal before combining the Nigeria-based mobile device maker with Coinfield, a crypto exchange it announced plans to buy earlier this week.

  • July 30, 2021

    DOI Wants 9th Circ. Redo Of Navajo Nation River Policy Suit

    The U.S. Department of the Interior on Thursday asked the Ninth Circuit to reconsider its decision to revive a Navajo Nation lawsuit over how much Colorado River water it should receive and make a plan for securing it.

  • July 30, 2021

    London Insurer Hits Tanning Co. With COVID-19 Coverage Suit

    A spa and beauty company can't recover for lost revenue from shutting down under COVID-19 closure orders, a London insurance syndicate said in a California federal suit, as there wasn't any physical damage and the policy excludes coverage for seizure of illegal property.

  • July 30, 2021

    Calif. Report Mulls Novel Insurance For Climate Change Fight

    California's residents are struggling with higher insurance costs due to wildfires and rising temperatures, but some experts see hope in recommendations to the state insurance department for a first-of-its-kind climate insurance that could potentially encourage measures to curb the effects of a warming planet.

  • July 30, 2021

    EEOC, US Men's Team Back Women's Soccer Pay Bias Appeal

    The U.S. Equal Employment Opportunity Commission and the union representing U.S. Men's National Team soccer players urged the Ninth Circuit on Friday to overturn a ruling that axed a high-profile equal pay lawsuit from members of the U.S. Women's National Team.

  • July 30, 2021

    Health Hires: Polsinelli, Buchalter, Allen & Overy

    Polsinelli PC has snapped up a new shareholder from Kaufman Borgeest & Ryan LLP in New York City, Buchalter PC has beefed up its health care practice in San Diego, and Allen & Overy LLP has added an intellectual property pro from Wiggin and Dana LLP, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • July 30, 2021

    Taco Bell Patron Says Tainted Nachos Left Her Paralyzed

    A Georgia woman is suing Taco Bell of America LLC and its parent company in state court, alleging that a bad batch of nachos gave her a rare disorder that’s left her paralyzed.

  • July 30, 2021

    UnitedHealth Rule Rewrite Evinces Shift In Mental Health Care

    A UnitedHealth Group unit is almost two years into a court-ordered process of altering how it approaches mental health and substance abuse care, and attorneys say it likely won't be the only insurer facing a reckoning amid a national sea change on support for such treatment.

  • July 29, 2021

    Avenatti Was 'Anxious' To Get NBA Player's $3M, Atty Testifies

    A Katten Muchin Rosenman LLP partner who represented NBA player Hassan Whiteside told the California federal jury in Michael Avenatti's embezzlement trial Thursday that Avenatti appeared "anxious" to receive the $3 million settlement he negotiated for Whiteside's ex-girlfriend, saying Avenatti sent multiple inquiries before the money was even due.

  • July 29, 2021

    McKinsey Opioid MDL Has A Need For Speed, Judge Says

    A California federal judge fired a proverbial starting pistol Thursday in multidistrict litigation over consulting giant McKinsey & Co.'s alleged role in the opioid crisis, telling attorneys at the MDL's first hearing to lace up their "track shoes" and expect swift rulings on pivotal threshold issues.

Expert Analysis

  • 9th Circ. Honey Label Ruling Reflects 'Common Sense' Shift

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    The Ninth Circuit's recent dismissal of Moore v. Trader Joe's, a putative class action over a product labeled "100% New Zealand Manuka Honey," suggests that courts are growing more willing to dismiss labeling challenges that do not pass the reasonable-consumer test, say attorneys at Alston & Bird.

  • Will You Be Ready If Your Class Action Goes To Trial?

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    Despite conventional wisdom, class actions sometimes do go to trial — as TransUnion v. Ramirez, decided last month by the U.S. Supreme Court, illustrates — so attorneys must prepare by studying past class action trials, focusing on how the courts and lawyers approached procedural and evidentiary questions, says Ross Weiner at Risk Settlements.

  • White House Vision For Carbon Capture Faces Obstacles

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    A recent White House Council on Environmental Quality report suggests policies that could bolster carbon capture and storage projects in the U.S., but federal and state regulators and the private sector will face red tape, environmental justice concerns and other challenges in expanding CCS infrastructure, say Ethan Shenkman and Sarah Grey at Arnold & Porter.

  • Rolling Disclosure Cap Method May Lead To Lower Damages

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    In light of a California federal court's decision in a securities class action against Zoom, consultants at Analysis Group analyze how utilizing rolling disclosure cap methodology affects damage calculations, compared to the Private Securities Litigation Reform Act's more traditional final disclosure cap.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • And Now A Word From The Panel: Closing MDLs

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    While there are no firm rules that the Judicial Panel on Multidistrict Litigation uses to close out MDLs, and the pace has slowed a bit this year, there is a recent pattern as to when the panel will say farewell, says Alan Rothman at Sidley.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Calif. Wage Theft Bill Would Raise The Stakes For Compliance

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    A bill poised to pass in the California Legislature would classify intentional wage theft as grand theft punishable by up to three years in prison, with potential consequences for even ordinary supervisors — so employers may want to invest significant resources to ensure wage and hour compliance, says Michael Nader at Ogletree.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Next Steps For Employers After Calif. Break Premium Ruling

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    California employers will need to take prompt action to address the logistical complications and potential liability resulting from the California Supreme Court’s recent retroactive decision in Ferra v. Loews Hollywood Hotel, holding that break periods must be compensated at employees’ regular rate of pay, says Penny Chen Fox at K&L Gates.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Recent High Court Decisions Signify 1st Amendment Direction

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    The U.S. Supreme Court’s recently concluded term saw a flurry of First Amendment cases, providing lessons for how the court, with its 6-3 conservative split, may rule next term on issues of free speech, religious freedom, association rights and more, as questions regarding social media and technological advances loom, says Samuel Mitchell at Michael Best.

  • A Look At Tribal Involvement In Juul Litigation

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    The vaping epidemic has had a disproportionate impact on Native American tribes, and the ensuing litigation against Juul Labs has many parallels with Big Tobacco suits from the 1990s, but this time around tribes have a seat at the bargaining table, say Geoffrey Strommer and Riley Plumer at Hobbs Straus.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Awaiting High Court Answer On Post-Cyan Discovery Issue

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    The U.S. Supreme Court’s forthcoming decision in Pivotal Software v. Tran next term may clarify a question begat by the court’s 2018 Cyan decision — whether the Private Securities Litigation Reform Act’s automatic discovery stay provision applies in state courts — and thereby lessen the burden on parties litigating amid the ambiguity, says Liz Cassady at Steptoe & Johnson.

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