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California
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June 11, 2024
Quinn Emanuel Swapped Sides For X Suit, Data Co. Says
Israeli data collector Bright Data Ltd. asked a California federal judge on Tuesday to disqualify law firm Quinn Emanuel Urquhart & Sullivan LLP from representing social media company X Corp., which is suing Bright Data over its data-scraping practices, accusing the firm, which was once contracted by the data company for advice in a similar matter, of switching sides.
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June 11, 2024
9th Circ. Judge On Theranos Appeal: 'Good Story' For Holmes
Two Ninth Circuit judges on a three-judge panel expressed concerns Tuesday that the district judge presiding over convicted former Theranos CEO Elizabeth Holmes' criminal trial erred by allowing a layperson witness to offer expert testimony at trial, with one judge saying, "There's a pretty good story here for Ms. Holmes."
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June 11, 2024
HashiCorp Hit With Investor Suit Over $6.4B Sale To IBM
Software company HashiCorp Inc. and its board members face an investor suit seeking to halt an upcoming shareholder vote on a proposed $6.4 billion acquisition of HashiCorp by tech giant IBM, alleging the deal would unfairly benefit company insiders and hasn't been properly detailed in required filings.
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June 11, 2024
Southwest Ditches 2022 Holiday Mayhem Suit, For Now
A California federal judge on Tuesday dismissed a group of Southwest Airlines customers' proposed breach of contract class action stemming from massive flight cancellations during the airline's December 2022 holiday-week meltdown but gave the plaintiffs another shot to bolster their claims.
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June 11, 2024
4 More States Join DOJ's Antitrust Suit Against Apple
The attorneys general of Washington, Massachusetts, Nevada and Indiana on Tuesday became the latest to join the U.S. Department of Justice's antitrust lawsuit in New Jersey federal court claiming Apple is monopolizing the smartphone market.
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June 11, 2024
Co. Wants Instant Effect For Revival Of USPS Contract Dispute
A canine screening company has urged the Federal Circuit to immediately issue a formal mandate after it revived the company's eligibility for disputed U.S. Postal Service mail screening contracts, seeking to block the USPS from transferring work away from the company.
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June 11, 2024
Roblox Based Forecast On 'Tenuous' Factors, Investor Says
A Roblox Corp. shareholder accused the online gaming platform in California federal court Monday of misleading investors with projected online sales revenue that came in at least $100 million short, boasting of its technology developments and advertising efforts despite knowing those revenue opportunities were "tenuous at best."
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June 11, 2024
Home Depot Again Notches Win In OT Suit
A California federal court ruled that although a group of workers accusing Home Depot of unpaid overtime set forth enough new evidence to reconsider a win the home improvement chain snagged, the workers didn't sustain their arguments that the company purposely tried to dodge overtime laws.
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June 11, 2024
Wells Fargo Seeks Exit From 'Free Trial' Marketing Scam Suit
Wells Fargo on Tuesday asked a California federal judge to let it escape a lawsuit alleging that the bank's problematic sales practices led it to play a supporting role in two "free trial" marketing scams that pulled in $200 million from consumers, arguing there is no admissible evidence to support the plaintiff's "story."
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June 11, 2024
Sports Anchor Sues Agency Over Handling Of ESPN Feud
Former ESPN anchor Sage Steele sued her representatives at Creative Artists Agency in California court Tuesday, alleging that the agency did not sufficiently advocate for her during a public dispute over comments she made regarding her employer's COVID-19 vaccine mandate.
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June 11, 2024
SEC Probing Autodesk After Accounting Practices Report
Autodesk Inc. said the U.S. Securities and Exchange Commission is investigating the software corporation after it voluntarily contacted the regulatory body to inform it of the company's own internal investigation into its free cash flow and non-generally accepted accounting principles operating margin practices.
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June 11, 2024
Adeia, X Reach Deal In IP Dispute
A California federal judge has agreed to stay a case where X, formerly known as Twitter, filed a declaratory judgment action against Adeia, while the parties work through a settlement.
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June 11, 2024
NBA Pro Sues Luxury Car Reseller Over Deal That Went Foul
Los Angeles Lakers guard Spencer Dinwiddie has sued a Beverly Hills luxury car seller and its reality-star manager in California state court, alleging that the dealership refused to return his $350,000 deposit to him when his agreement to purchase a $1 million Ferrari went sour.
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June 11, 2024
Mattel Wants Out Of Suit Over Forfeited 401(k) Funds
Mattel urged a California federal court to throw out a lawsuit a former employee launched alleging the company should have used former workers' forfeited 401(k) funds to cover plan expenses, saying its decision to use that money to satisfy its own contributions is in line with federal benefits law.
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June 11, 2024
JPML Consolidates AT&T Data Breach Suits In Texas
Thirty lawsuits brought against AT&T over a data breach that left 70 million customers' information on the dark web are being consolidated in the Northern District of Texas, with the Judicial Panel on Multidistrict Litigation ruling that proximity to AT&T headquarters will bring added efficiency to the proceedings.
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June 11, 2024
Stanford Says Instructor's Firing Over Gaza Class Is Legit
Stanford University has asked a judge to dismiss a lawsuit by a Black Muslim lecturer who said he was let go after giving a controversial talk on the Gaza war, saying it didn't dismiss him because of his race, color or religion, but because he ran a bad classroom exercise.
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June 11, 2024
Ex-DraftKings Exec Seeks Fast Trial To Test Noncompete Law
A former DraftKings executive wants a snap trial to unwind a noncompete blocking him from work at sports-betting rival Fanatics, calling the fiercely litigated, bicoastal dispute a "test case" for California's recent law reinforcing a ban on restrictive covenants.
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June 11, 2024
Justices Urged To Review Fee Denial In DOL Stock Plan Case
A construction design firm is urging the U.S. Supreme Court to take up its fight for attorney fees after beating an enforcement case brought by the U.S. Department of Labor alleging the company and its founders mismanaged an employee stock ownership plan, with the firm arguing the Ninth Circuit erred in siding with the DOL.
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June 11, 2024
Paramount Asks Court To Send 'Top Gun' IP Suit Packing
Paramount Pictures has asked a California federal court to dismiss a right of publicity complaint from the actor who played Henry "Wolfman" Ruth in the original "Top Gun" movie, saying his claim over a photo of his character included in the film's sequel without his permission falls squarely under the so-called Rogers test, a free speech doctrine that protects expressive works.
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June 11, 2024
Jones Day Lands Alston & Bird Financial Markets Atty In LA
Jones Day announced Tuesday it brought on an Alston & Bird partner who started his decades-long legal career at Jones Day and will now work out of the firm's offices in Los Angeles and Irvine, California, strengthening its financial markets practice.
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June 11, 2024
JPML Consolidates GM, LexisNexis Driving Data Suits In Ga.
Drivers claiming that their auto insurance rates increased after General Motors and its OnStar unit collected driving data without consent and shared the information with LexisNexis Risk Solutions will have their suits consolidated in Georgia federal court, the Judicial Panel on Multidistrict Litigation ruled.
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June 11, 2024
WilmerHale Lands Latham Atty To Help Lead Life Sciences
WilmerHale has added a partner in Palo Alto, California, who is an expert in complex strategic collaboration and licensing transactions, to co-chair its life sciences practice group, the firm said Tuesday.
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June 11, 2024
GRSM50 Adds Labor And Employment Pro In San Diego
Gordon Rees Scully Mansukhani LLP has hired as a partner for its employment law practice an attorney with prior private practice experience who has also worked for multiple companies and a labor union during her more than 20-year career.
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June 11, 2024
Wilson Sonsini-Led Yext Paying Up To $220M For Hearsay
Wilson Sonsini Goodrich & Rosati PC is advising Yext Inc. on a new agreement to acquire Latham & Watkins LLP-repped Hearsay Systems, a client engagement platform for financial services, for $125 million and up to an additional $95 million if certain performance metrics are hit.
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June 10, 2024
Calif. Targets Oil Giants' Profits In Amended Climate Suit
California Attorney General Rob Bonta on Monday tweaked the state's climate deception suit against Exxon Mobil Corp., Shell, Chevron, ConocoPhillips and BP to also target the oil and gas companies' "illegally obtained" profits under a recently enacted state law.
Expert Analysis
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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5th Circ. Venue-Transfer Cases Highlight Mandamus Limits
Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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Calif. Web Tracking Cases Show Courts' Indecision Over CIPA
Several hundred cases filed to date, and two recent conflicting rulings, underscore California courts' uncertainty over whether the use of web analytics tools to track users' website interactions can give rise to a violation of the California Invasion of Privacy Act, says Patricia Brum at Snell & Wilmer.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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What Junk Fee Law Means For Biz In California And Beyond
Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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9th Circ. COVID 'Cure' Case Shows Perks Of Puffery Defense
The Ninth Circuit's March decision in a case surrounding a company's statements about a potential COVID-19 cure may encourage defendants to assert puffery defenses in securities fraud cases, particularly in those involving optimistic statements about breakthrough drugs that are still untested, say attorneys at Cahill Gordon.
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After Years Of Popularity, PAGA's Fate Is Up In The Air
The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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CFPB's Expanding Scope Evident In Coding Bootcamp Fine
The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.
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And Now A Word From The Panel: Watch The MDL Calendar
One of the most fascinating features of the Judicial Panel on Multidistrict Litigation's practice is the regularity of its calendar, which can illuminate important timing considerations, says Alan Rothman at Sidley.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.