California

  • May 28, 2024

    O'Reilly Auto Parts Inks $4.1M COVID Screening Settlement

    O'Reilly Auto Enterprises has agreed to pay $4.1 million to settle a California wage and hour lawsuit alleging that the company should have paid workers for the time they spent undergoing COVID-19 screenings before shifts and for work performed during meal breaks, according to a court memo.

  • May 28, 2024

    Calif. Judge Cops To Ethics Charges, Agrees To Step Down

    A California judge censured and barred for multiple ethics violations, including drug use, inappropriate personal relationships with attorneys and making inappropriate comments, including antisemitic remarks, about litigants and attorneys, has resigned as of Monday.

  • May 28, 2024

    Edwards Urges Full Fed. Circ. To Limit FDA Safe Harbor

    Edwards Lifesciences has petitioned the full Federal Circuit to narrow its interpretation of a U.S. Food and Drug Administration safe harbor that essentially allows patent infringement during drug development, arguing that if Congress wanted the statute to be interpreted broadly, "it would have said exactly that."

  • May 28, 2024

    Reed Smith Gets Digital Music Pro From Calif. Boutique Firm

    Reed Smith LLP announced Tuesday it has hired a music and entertainment attorney in Los Angeles who worked at boutique entertainment law firm Granderson Des Rochers LLP, Universal Music Publishing Group and Google.

  • May 28, 2024

    Justices Won't Hear Avenatti Appeal Of Nike Conviction

    The U.S. Supreme Court on Tuesday declined to hear an appeal from Michael Avenatti challenging his conviction for trying to extort millions from Nike, with the high court's rejection ending the disbarred attorney's chances at overturning one of his three criminal convictions.

  • May 28, 2024

    Chancery Speeds Microsoft Query Over $68.7B Activision Deal

    Microsoft Corp. is entitled to a quick court declaration on whether its $68.7 billion acquisition of Activision Blizzard Inc. in October was valid, and a pension fund shareholder that challenged the deal has a right to be involved in the process, Delaware's Court of Chancery said Tuesday.

  • May 28, 2024

    9th Circ. Won't Touch IRS Bid For Tax Liability On Bookie

    A bookie who pled guilty to helping run an illegal sports gambling ring out of Peru can't escape his ensuing $100,000 tax liability under a Ninth Circuit ruling that declined to expunge his conviction after he argued the taxes are disproportionately punishing.

  • May 28, 2024

    High Court Won't Hear Pilot HOA's Rail Easement Case

    The U.S. Supreme Court has declined to hear a request from an Alaska homeowners association made up of pilots to review a Ninth Circuit decision giving a railroad control of an easement cutting into an airstrip for an airplane-centric subdivision.

  • May 28, 2024

    Justices Will Review EPA's 'Vague' SF Water Pollution Regs

    The U.S. Supreme Court on Tuesday agreed to review the U.S. Environmental Protection Agency's decision to set "vague" and "generic" pollution prohibitions for San Francisco, as opposed to numerical standards.

  • May 24, 2024

    Live Nation Ticket Buyers Follow Feds With Antitrust Suit

    Live Nation and Ticketmaster were hit with a consumer antitrust proposed class action Thursday accusing them of monopolizing concert promotion and ticketing for major concert venues following their 2010 merger, which comes on the heels of the U.S. Department of Justice's own lawsuit.

  • May 24, 2024

    Sony Denied Early Bid To Block PlayStation Antitrust Class

    A California federal judge Friday denied Sony's preemptive bid to deny class certification in a suit accusing it of overcharging PlayStation Store users through a monopoly on downloadable game cards, saying Sony has yet to show that the plaintiffs are bound by class action waivers, or it can enforce arbitration.

  • May 24, 2024

    Real Estate Authority: Adaptive Reuse, Climate Risk, SFR

    Catch up on this week's key developments by state from Law360 Real Estate Authority — including one BigLaw real estate leader's take on adaptive reuse, the enduring risk of climate change for public companies, and the latest industry player perspectives on the single-family rental market.

  • May 24, 2024

    Top Senate Banking Dem Presses DoorDash On Biz Advances

    Food ordering and delivery platform DoorDash has come under fire from the chair of the U.S. Senate's banking committee over merchant cash advance products offered on its platform, with the lawmaker saying the typically high costs of such offerings bear "a troubling similarity to payday lending practices."

  • May 24, 2024

    Contractor Entitled To Share In Navy Savings, Board Rules

    The U.S. Navy must share with a construction contractor savings resulting from the contractor's changes to a design-build task order, after the Armed Services Board of Contract Appeals ruled the Navy constructively accepted the contractor's proposal for the money-saving changes.

  • May 24, 2024

    Electric Car Co. Execs Hid Supply Issues, New Suit Claims

    A shareholder of ChargePoint Holdings Inc. alleged Friday that current and former officers and directors of the electric vehicle charging station company misrepresented the company's business prospects and failed to disclose supply overruns for charging products, causing a stock drop when the truth was finally revealed.

  • May 24, 2024

    Red States Target Blue States In Push To End Climate Torts

    A novel red-state request that the U.S. Supreme Court nix climate change torts brought by state governments against fossil fuel companies can be seen as an attempt to urge the justices not to pass up another opportunity to weigh in on the issue, legal experts told Law360.

  • May 24, 2024

    9th Circ. Says H-2A Employers Must Pay Highest Wages

    The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because the previous harvest season is over.

  • May 24, 2024

    Airline Worker Terrorized 'Countless' Passengers, Suit Says

    A California man with ties to American Airlines gained access to the private information of regional airline passengers and embarked on a monthslong campaign of harassing them, according to a lawsuit in federal court with 15 plaintiffs.

  • May 24, 2024

    Petition Watch: Forum Shopping, Monopolies & Gun Safety

    Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.

  • May 24, 2024

    CVS Hit With PAGA Suit Alleging OT, Records Violations

    CVS Pharmacy Inc. regularly requires employees to work overtime due to understaffing and unreasonably high workloads without appropriately compensating them, and the company alters records by clocking employees out to make it seem it is complying with labor laws, according to a lawsuit filed Thursday in California state court.

  • May 24, 2024

    Green Groups Lose In California Fish Protection Lawsuit

    The federal government properly considered the needs of fish protected under the Endangered Species Act when it approved water supply contracts for California's Central Valley Project, the Ninth Circuit said in a ruling rejecting environmental groups' claims to the contrary.

  • May 24, 2024

    'Vanderpump Rules' Star Can't Cancel 'Scandoval' Claims

    A California judge ruled Friday that "Vanderpump Rules" star Tom Sandoval cannot escape all claims in a suit by former co-star Rachel Leviss alleging he secretly recorded sexually explicit videos she sent him, leading to the show's "Scandoval" cheating scandal, dismissing one claim but allowing Leviss to amend the complaint.

  • May 24, 2024

    Realtors Want Case Over 'Cooperation' Rule To Stay Dismissed

    The National Association of Realtors urged a California federal court not to reconsider dismissing a case targeting rules that prevent real estate agents from listing properties outside their affiliated networks, after the case took a trip to the Ninth Circuit.

  • May 24, 2024

    Xponential Fitness Sues Ex-CEO In Del. To Avoid Calif. Court

    Fitness brand franchiser Xponential Fitness Inc. sued its recently resigned CEO in Delaware Chancery Court Friday, asking the court to find that the First State's laws, not California's, govern a dispute over the former CEO's right to inspect the company's books and records.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

Expert Analysis

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • Regulatory Trends Offer 4 Lessons For Debt Relief Providers

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    A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.

  • Bracing Cos. For Calif. Privacy Agency's Restored Authority

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    A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • 2 Emerging Defenses For Website Tracking Class Actions

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    Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

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    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

  • Bank Secrecy Act Lessons For Casinos After DOJ Settlements

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    The U.S. Department of Justice's recent settlements with the MGM Grand and Cosmopolitan casinos, resolving an investigation into alleged violations of the Bank Secrecy Act, signal a shift in the DOJ's enforcement focus and provide insight into potential pitfalls in anti-money laundering compliance programs, say attorneys at Jenner & Block.

  • Setting The Stage For High Court BofA Escrow Interest Case

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    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • Future Not Looking Bright For Calif. Employee Nonsolicits

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    California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

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