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May 06, 2024
Synopsys Selling Software Biz To PE Firms In $2.1B Deal
Software firm Synopsys Inc. on Monday announced that it is selling its Software Integrity Group business to private equity firms Clearlake Capital Group LP and Francisco Partners for up to $2.1 billion in a deal built by three firms.
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May 06, 2024
SEC Targets Robinhood's Crypto Unit For Possible Lawsuit
Robinhood Markets Inc. notified investors Monday that the U.S. Securities and Exchange Commission plans to sue its crypto arm for allegedly failing to register as a securities brokerage firm and clearing agency, saying the agency could go as far as demanding that the platform be shut down.
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May 06, 2024
Mintz Adds Proskauer Life Sciences IP Litigation Team
Mintz Levin Cohn Ferris Glovsky and Popeo PC has brought on a life sciences patent litigation team of roughly a dozen attorneys from Proskauer Rose LLP in Los Angeles, Boston and New York led by the former chair of Proskauer's life sciences patent practice, the firm announced Monday.
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May 03, 2024
Meta Asks 9th Circ. To Revisit Predominance In Ad Class Cert.
Meta Platforms Inc. on Friday asked the Ninth Circuit to take a fresh look at a split panel decision affirming certification of a damages class of potentially millions of advertisers who were allegedly deceived about Facebook's "potential reach" tool, taking issue with the panel majority's "sweeping" interpretation of the predominance requirement.
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May 03, 2024
Hagens Berman To Spearhead Litigation Over Skin Tech Woes
Hagens Berman Sobol Shapiro LLP was appointed lead counsel in securities litigation claiming Beauty Health Co. hid the news of a defective skin care device, beating competing bids from Glancy Prongay & Murray LLP and Pomerantz LLP, according to an order in Delaware federal court.
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May 03, 2024
Real Estate Authority: Dirty Money, Forever Chems, Housing
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's developments by state — as well as on the illicit billions tucked away in commercial real estate, attorney takeaways from new "forever chemical" designations, and one foreign investor's bet on U.S. housing.
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May 03, 2024
Calif. Appeals Court Calls Firm's Conduct 'Woefully Uncivil'
A California state appeals court has backed sanctions against The Vanderpool Law Firm in a dispute with Masimo Corp., finding that the firm had engaged in misconduct during discovery and noting that it was "woefully uncivil" in its emails with opposing counsel.
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May 03, 2024
9th Circ. Orders 2nd Look At Stay In PG&E Wildfire Suit
The Ninth Circuit on Friday told a lower court to reconsider its order staying claims PG&E investors brought against officers, directors and others over wildfire liability, saying more factors should have been considered before the stay was granted.
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May 03, 2024
New AI Copyright Class Actions Target Nvidia, Databricks
Artificial intelligence developers Nvidia and Databricks are facing a new round of class action litigation in California federal court, this time from authors like longtime New Yorker writer Susan Orlean and YA scribe Jason Reynolds.
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May 03, 2024
Eolas Is Latest Patent Owner To Take Alice Loss To High Court
A patent licensing outfit run by a onetime computer lab director at the University of California, San Francisco, is the latest to go to the U.S. Supreme Court to complain about patent eligibility.
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May 03, 2024
BTC-e Mastermind Cops To Money Laundering Conspiracy
A Russian national pled guilty Friday to conspiracy to commit money laundering related to his central role in operating the cryptocurrency exchange BTC-e from 2011 to 2017, according to the U.S. Attorney's Office for the Northern District of California.
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May 03, 2024
Google Blasts Epic's Post-Verdict Play Store Reforms Bid
Google is hitting back at Epic Games' proposed injunction following its jury win on antitrust claims related to the Google Play Store and Android apps, telling a California federal judge Thursday that Epic's proposed rules cover conduct that was not presented to the jury and is "purely hypothetical."
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May 03, 2024
Crumbl Faces Privacy Suit For Not-So-Sweet Tracking Cookies
A customer hit Crumbl LLC with a proposed class action in California federal court alleging the cookie company helps a third-party payment processing company install tracking cookies on web browsers to collect consumers' sensitive information and their online activity without consent.
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May 03, 2024
GoPro Gets ITC To Probe Patent Case Over Camera Imports
The U.S. International Trade Commission said it is going to look into allegations that certain imports of cameras have violated federal law by infringing a variety of patents owned by GoPro.
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May 03, 2024
SoFi Unit To Pay FINRA $1.1M To Settle Customer ID Claims
SoFi Securities has agreed to pay $1.1 million to settle Financial Industry Regulatory Authority claims that it lacked a suitable user verification process for the firm's cash management brokerage business, allowing the opening of 800 accounts used by third parties to illegally transfer $8.6 million from other financial institution accounts.
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May 03, 2024
OneTaste Duo's Bid To Toss Charges Slapped Down By Judge
A Brooklyn federal judge on Friday denied a bid by two former executives of OneTaste to dismiss an indictment accusing them of extracting free labor from alleged members of the San Francisco sexual wellness company through abusive tactics.
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May 03, 2024
California Judge Ousted For 'Willful,' 'Prejudicial' Misconduct
A California state judge has been removed from the bench after an investigation found that he conducted a campaign of retaliation against court employees he suspected of being "moles" in a probe against him and lied about his actions to investigators afterward.
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May 03, 2024
Berkshire Hathaway Countersuit Tossed From Contractor Spat
A California federal judge tossed Berkshire Hathaway's counterclaims in a $17 million coverage dispute with a fiber optic network developer over an unfinished project, ruling that the insurer failed to meet heightened standards after claiming the developer conspired to prevent the contractor from performing its work.
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May 03, 2024
Robbins Geller Attys To Take Stand In $8M Sanctions Dispute
A petroleum refiner will put current and former Robbins Geller Rudman & Dowd LLP attorneys on the stand May 7 in an extraordinary evidentiary hearing testing what the plaintiffs' lawyers knew about an analyst's now-discredited findings as they pursued since-nixed price-fixing claims.
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May 03, 2024
No Retrial Coming After $20M Cannabis Investor Verdict
A Los Angeles judge has denied a bid by CADM Inc. for a retrial following a $20 million verdict against it and its affiliates on claims that they defrauded investors with a real estate scheme, finding that the motion was not served to the proper attorneys on time, and even if it had been, the judgment would stand.
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May 03, 2024
Car Loan Co. Strikes Deal In Employee Stock Valuation Suit
A car loan company has agreed to resolve a proposed class action alleging it violated federal benefits law when it revalued its stock at the start of the pandemic and forced retirees to sell their shares at a lower value, according to a California federal court filing.
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May 03, 2024
6 States Strike $270M Opioid Deal With Amneal
The New York state attorney general on Friday said that a $270 million multistate deal had been reached with opioid manufacturer Amneal Pharmaceuticals for its role in the addiction epidemic over allegations that the company failed to report suspicious orders of the narcotics.
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May 02, 2024
Whistleblower Claims Would 'Destroy' Autonomy, GC Was Told
Autonomy's former U.S. general counsel testified Thursday in the criminal fraud trial of former CEO Michael Lynch that the company's chief operating officer didn't want a whistleblower's claims to get into court, telling him that while the "law" was on their side, "the facts look bad" and would "destroy Autonomy."
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May 02, 2024
Jury Finds MacroAir Infringed Big Ass Fans' Patents
Following a four-year dispute between a home-cooling outfit called Big Ass Fans and major rival MacroAir Technologies Inc., a California federal jury has found that MacroAir owes just about $665,000 in patent damages as well as an additional amount for false advertising, a total that was well below the over $100 million requested.
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May 02, 2024
TikTok, Users Push 9th Circ. To Keep Block On Montana Ban
TikTok and its users are hitting back at Montana's bid to convince the Ninth Circuit to unblock a new law that would ban the social media app in the state, arguing that the state's position that the statute is a consumer protection measure that regulates conduct and not constitutionally protected speech is "premised on fiction."
Expert Analysis
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How Banks Should Respond To Calif. AG's Overdraft Warning
Banks and credit unions should heed recent guidance from California’s attorney general, along with warnings by consumer regulators of all stripes, regarding unfair fee practices by properly disclosing their fees and practices, and ensuring the amounts charged mirror federal benchmarks, say Brett D. Watson and Madeline Suchard at Cozen O'Connor.
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Calif. Verdict Showcases SEC's New 'Shadow Trading' Theory
Last week's insider trading verdict, delivered against biopharmaceutical executive Matthew Panuwat by a California federal jury, signals open season on a new area of regulatory enforcement enabled by the U.S. Securities and Exchange Commission's shadow trading theory, say Perrie Weiner and Aaron Goodman at Baker McKenzie.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Climate Disclosure Mandates Demand A Big-Picture Approach
As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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Considerations For Evaluating IP Risks In Cannabis M&A
Due to the patchwork of state cannabis laws in the U.S., investors and businesses acquiring intellectual property must assess whether a trademark portfolio possesses any vulnerabilities, such as marks that are considered attractive to children or third-party claims of trademark infringement, say Mary Shapiro and Nicole Katsin at Evoke Law.
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A Snapshot Of The Evolving Restrictive Covenant Landscape
Rachael Martinez and Brooke Bahlinger at Foley highlight recent trends in the hotly contested regulation and enforcement of noncompetition and related nonsolicitation covenants, and provide guidance on drafting such provisions within the context of stand-alone employment agreements and merger or acquisition transactions.
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Ruling Signals Wave Of CIPA Litigation May Soon End
A California state court's recent ruling in Licea v. Hickory Farms, which rejects the argument that IP address tracking violates the California Invasion of Privacy Act's pen register provision, is likely to reduce or stop the slew of new cases filed against businesses for similar alleged violations, says Patricia Brum at Snell & Wilmer.
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Opinion
High Court Should Settle Circuit Split On Risk Disclosures
The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.
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9th Circ. TM Ruling Expands Courts' Role In Application Cases
The Ninth Circuit’s recent ruling in BBK Tobacco v. Central Coast Agriculture is the first time a federal appeals court has explicitly authorized district courts to adjudicate pending trademark applications, marking a potentially significant expansion of federal courts' power, says Saul Cohen at Kelly IP.
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Opinion
Why Supreme Court Should Allow Repatriation Tax To Stand
If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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The Multifaceted State AG Response To New Technologies
In response to the growth of technologies like artificial intelligence, biometric data collection and cryptocurrencies across consumer-facing industries, state attorneys general are proactively launching enforcement and regulatory initiatives — including bipartisan investigations and new state AI legislation, say Ketan Bhirud and Emily Yu at Cozen O'Connor.
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Broadway Ruling Puts Discrimination Claims In The Limelight
A New York federal court's recent decision in Moore v. Hadestown Broadway that the employers' choice to replace a Black actor with a white actor was shielded by the First Amendment is the latest in a handful of rulings zealously protecting hiring decisions in casting, say Anthony Oncidi and Dixie Morrison at Proskauer.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.