California

  • May 02, 2024

    Ship Captain Gets 4 Years Over Boat Fire That Killed 34

    A California federal judge on Thursday sentenced a ship captain to four years in prison over his conviction stemming from a deadly boat fire that killed 34 people, citing the captain's remorse and lack of ill intent as he declined to impose the government's and some victims' family members' request for the statutory maximum of 10 years.

  • May 02, 2024

    Patent Board Rulings Send $3.3M Judgment Up In Flames

    The Federal Circuit on Thursday affirmed Patent Trial and Appeal Board decisions invalidating three networking patents that NetScout had been found to infringe, and then held that the holding wipes out a $3.3 million judgment against the company, because it was not yet final.

  • May 02, 2024

    Microsoft, Activision Seek Del. Court Patch For $68.7B Sale

    Microsoft Corp. and Activision Blizzard petitioned Delaware's Court of Chancery on Thursday for an order validating Activision's already closed but officially "defective" $68.7 billion sale agreement, arguing that the court pointed the two companies to a "solution for missteps in Delaware's General Corporation Law.

  • May 02, 2024

    9th Circ. Backs Game Developer's Win In Sex Harassment Suit

    The Ninth Circuit declined Thursday to reinstate a lawsuit a former employee brought against a video game developer accusing it of subjecting him to lewd jokes and firing him after he complained, saying a lower court didn't err by admitting certain evidence at trial.

  • May 02, 2024

    Kind Keeps Win At 2nd Circ. In MDL Over 'All Natural' Labeling

    The Second Circuit on Thursday affirmed a summary judgment for Kind LLC against a group of buyers who said the company misled consumers by labeling products as "all natural," saying the plaintiffs failed to establish through evidence how a reasonable buyer would understand the term.

  • May 02, 2024

    Poultry Cos. To Pay $5.1M Settling OT, Child Labor Violations

    A network of California poultry processors will pay over $5 million to settle a U.S. Department of Labor lawsuit in federal court after an agency investigation found the processors employed children to debone poultry and failed to pay over 475 workers overtime.

  • May 02, 2024

    Calif. Justices To Review Gilead's HIV Drug Negligence Fight

    The California Supreme Court has granted Gilead Sciences Inc.'s request to review an appellate court's holding that the drugmaker must face claims it held back a safer HIV drug to maximize profits on an older medication.

  • May 02, 2024

    Calif. Hospitals Say BCBS Unit Left Them With $3.8M Bill

    A pair of California health systems say that Pittsburgh-based Highmark Blue Cross Blue Shield isn't honoring its obligations to pay them under a national Blue Cross insurance program, leaving their hospitals holding the bag for up to $3.8 million worth of treatment, according to two lawsuits filed in Pennsylvania state court.

  • May 02, 2024

    Davis Wright Brings On MoFo Appellate Litigator In San Fran

    Davis Wright Tremaine LLP has brought on a former Morrison Foerster LLP partner in San Francisco, strengthening its appellate practice with an experienced appellate litigator who clerked for a U.S. Supreme Court justice, a California Supreme Court justice and other judges, the firm announced Thursday.

  • May 02, 2024

    GRSM50 Adds Employment Litigator From Calif. Solo Shop

    Gordon Rees Scully Mansukhani LLP, which is now going by the name GRSM50, is expanding its employment team, announcing Wednesday it is bringing on an employment litigator who previously ran his own firm to be a partner in the firm's San Diego office.

  • May 01, 2024

    Eastman Denied Stay Of Inactive Status To 'Safeguard' Public

    A State Bar Court of California judge on Wednesday denied a request from Donald Trump's onetime attorney John Eastman to delay placing him on inactive enrollment while he appeals the recommendation for his disbarment, saying he hasn't shown that "he no longer presents a threat to the public."

  • May 01, 2024

    Dan Schneider Sues WB For Defamation Over 'Quiet On Set'

    Former Nickelodeon producer Dan Schneider filed a defamation lawsuit Wednesday in Los Angeles against Warner Brothers Discovery Inc. and others associated with the recent "Quiet on Set: The Dark Side of Kids TV" docuseries, which he says falsely states or implies he is a child sexual predator.

  • May 01, 2024

    Trader Joe's Must Pay Fees To Union After 'Meritless' TM Suit

    A California federal judge ordered Trader Joe's to pay $112,622 in attorney fees to a union of its employees in a suit alleging the union's logo infringes the grocer's name and trademarks, saying Trader Joe's claim that the suit is unrelated to a labor dispute "cannot be taken seriously."

  • May 01, 2024

    'Irked' Albright Refuses To Send IP Suit Against Apple To Calif.

    U.S. District Judge Alan Albright of the Western District of Texas has refused to send a suit accusing Apple Inc. of infringing patents on vibration technology to California, with the judge saying that some of the tech giant's arguments were "irksome."

  • May 01, 2024

    Fed. Judge's Handcuffing Of Girl Was Misconduct, Panel Says

    The Judicial Council of the Ninth Circuit found Wednesday that a California federal judge who ordered a crying 13-year-old girl in his courtroom be handcuffed engaged in judicial misconduct, issuing a reprimand for his actions and ordering that the judge not be assigned new criminal cases for three years.

  • May 01, 2024

    Bayer Can't Scratch Off Antitrust Suit Over Flea, Tick Meds

    A California federal judge has largely declined Bayer's bid to dismiss generics competitor Tevra's pet medication antitrust suit, saying in an order released Wednesday that there are factual disputes about whether Bayer's exclusivity deals with distributors and retailers significantly foreclosed Tevra's potential sales in the market.

  • May 01, 2024

    Sony, PlayStation Users Spar Over Early Antitrust Cert. Denial

    Sony and PlayStation Store users fought before a California federal judge Wednesday over the company's bid to deny class certification to users who claim it overcharged them through a monopoly on downloadable game cards, with the users arguing that Sony waived its arbitration arguments under the Ninth Circuit's recent Hill ruling.

  • May 01, 2024

    Median Patent Damages Awards Are Shrinking

    A New York accounting firm that provides damages experts for intellectual property cases has found in a new study that median damages awards in patent cases have declined over the last 15 years.

  • May 01, 2024

    PayPal Won't Face CFPB Enforcement Over Venmo Probe

    Payments giant PayPal is not expecting any enforcement action from the Consumer Financial Protection Bureau after the agency told the firm it was closing its inquiry into social payment subsidiary Venmo, the company disclosed in a securities filing.

  • May 01, 2024

    Artist Can Exhibit 'MetaBirkins' NFT Despite TM Trial Loss

    A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.

  • May 01, 2024

    DOL Announces $6.5M For Seasonal Farmworker Housing

    The U.S. Department of Labor on Wednesday said it will make $6.5 million in grants available to organizations working to improve housing conditions for seasonal and migrant farmworkers and their dependents.

  • May 01, 2024

    9th Circ. Slams Door On Kids' Climate Case

    The Ninth Circuit ordered an Oregon federal judge Wednesday to immediately dismiss a closely watched suit by young adults against the federal government over the effects of climate change, saying its earlier order to end the matter could not be brushed off.

  • May 01, 2024

    Hotel Chains Hit With Algorithmic Pricing Collusion Suit

    A group of hotel-goers has hit six major hotel chains with a proposed class action, alleging that the companies used a shared pricing algorithm to fix and raise hotel prices nationwide.

  • May 01, 2024

    Eiger Gets Deal With Merck Over $46M Rare-Disease Drug Sale

    Bankrupt Eiger BioPharmaceuticals Inc. told a Texas federal judge Wednesday it had struck a tentative agreement with drug company Merck & Co. over licensing rights to a rare-disease drug that it is selling for $46.1 million.

  • May 01, 2024

    Apple Users Defend Web Apps Antitrust Case

    Consumers urged a California federal court not to toss their case accusing Apple of violating antitrust law by preventing iPhones from running web-based apps that don't need to be downloaded, saying Apple used deals with Google and others to protect its dominance.

Expert Analysis

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • The Tricky Implications Of New Calif. Noncompete Laws

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    Two new California noncompete laws that ban certain out-of-state agreements and require employers to notify certain workers raise novel issues related to mergers and acquisitions, and pose particular challenges for technology companies, says John Viola at Thompson Coburn.

  • Conn. Bankruptcy Ruling Furthers Limitation Extension Split

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    A recent Connecticut bankruptcy court decision further solidifies a split of authority on whether Bankruptcy Rule 9006(b) may be used to extend the limitations period, meaning practitioners seeking to extend should serve the motion on all applicable parties and, where possible, rely on the doctrine of equitable tolling, says Shane Ramsey at Nelson Mullins.

  • Calif. Ruling Shows Limits Of Exculpatory Lease Clauses

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    A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.

  • What Nevada 'Superbasin' Ruling Means For Water Users

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    The Nevada Supreme Court's recent decision in Sullivan v. Lincoln County Water District, affirming that the state can manage multiple predesignated water basins as one "superbasin," significantly broadens the scope of water constraints that project developers in Nevada and throughout the West may need to consider, say attorneys at Perkins Coie.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of the year brought the usual onslaught of new regulatory developments in California — including a crackdown on junk fees imposed by small business lenders, a big step forward for online notarizations and a ban on predatory listing agreements, says Alex Grigorians at Hanson Bridgett.

  • Breaking Down California's New Workplace Violence Law

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    Ilana Morady and Patrick Joyce at Seyfarth discuss several aspects of a new California law that requires employers to create and implement workplace violence prevention plans, including who is covered and the recordkeeping and training requirements that must be in place before the law goes into effect on July 1.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • How Suit Over An AI George Carlin May Lead To Legislation

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    George Carlin’s estate recently sued a company over an artificial intelligence-generated podcast allegedly impersonating the late comedian, highlighting the importance of much-needed state and federal protection against unauthorized representations of an individual’s image in the time of AI, say Anna Chauvet and Maxime Jarquin at Finnegan.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Preparing For Possible Calif. Criminal Antitrust Enforcement

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    Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.

  • California Shows A Viable Way Forward For PFAS Testing

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    The U.S. Food and Drug Administration has no good way of testing for the presence of specific per- and poly-fluoroalkyl substances in food packaging — but a widely available test for a range of fluorine compounds that's now being used in California may offer a good solution, says Vineet Dubey at Custodio & Dubey.

  • Unpacking The Complicated Question Of CIPA's Applicability

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    As the number of California Invasion of Privacy Act cases increases, more and more companies with little-to-no California presence are being hauled into California court, raising questions of when CIPA applies and to whom, says Matthew Pearson at BakerHostetler.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Antitrust Ruling Shows Limits Of US Law's Global Reach

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    Antitrust plaintiffs often cite the legislative history of the Foreign Trade Antitrust Improvements Act to support application of U.S. antitrust law to alleged injuries abroad, but as a California federal court recognized recently in Figaro v. Apple, the cited history does no such thing, say Daniel Swanson and Eli Lazarus at Gibson Dunn.

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