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California
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October 30, 2024
Biopharma Co. Can't Knock Ex-CFO's Bias Suit Out Of Court
A biopharmaceutical development company can't kick a fired executive's bias suit to arbitration, a California federal judge said, ruling that the harassment she said she faced on the job was gendered enough to invoke a federal law curbing out-of-court-resolutions of sex harassment claims.
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October 30, 2024
Jury Finds Importer Didn't Report $17M On Tax Returns
A Los Angeles jury found an importer of Chinese clothing guilty of skirting more than $8 million in customs duties and failing to report more than $17 million in cash transactions on tax returns, federal prosecutors in California announced Wednesday.
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October 30, 2024
State AGs Ask Congress For Federal Price-Gouging Ban
Attorneys general from 15 states and the District of Columbia sent a letter to House and Senate leaders Wednesday urging Congress to adopt national protections against price-gouging.
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October 30, 2024
Rap Producer Metro Boomin Accused Of Rape In Calif. Suit
Grammy-nominated rap and hip-hop producer Metro Boomin was sued in California state court Tuesday for allegedly raping a woman who visited his recording studio in 2016, resulting in an unwanted pregnancy and an abortion.
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October 30, 2024
Southwest Seeks To Dismantle Military Leave Class
Southwest Airlines urged a California federal judge to disassemble a nearly 3,000-member class of workers who say the company violated federal law by failing to pay them for short stints of military leave, saying new evidence shows there are too many individualized issues to warrant class treatment.
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October 30, 2024
Keurig Dr Pepper Sued Over 'Naturally Flavored' Ginger Ale
Keurig Dr Pepper faces a proposed class action filed in California federal court accusing it of mislabeling its Schweppes and Canada Dry brands of ginger ale beverages as only containing "natural flavors" while they actually contain a synthetic chemical to mimic the taste of ginger.
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October 30, 2024
Historic World Series Prompts Flagrant IP Theft, MLB Says
A World Series matchup between two of baseball's most storied franchises has fueled a boom in sales of counterfeit apparel, Major League Baseball's media arm has told a New York federal court, identifying several pockets of New York City as hubs for the illicit merchandise.
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October 30, 2024
Calif. Judge Scolded For Public Fight Over School Renaming
A California state judge has been publicly disciplined for leading a monthslong crusade against the renaming of his old high school, during which he spoke at rallies and fundraisers, called opponents "morons" on social media and generally "demeaned the judicial office."
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October 30, 2024
O'Neill Brand Owner Says La Jolla Flouted Pre-Sale Deal
The owner and maker of O'Neill sportswear accessories is suing La Jolla Sport in California federal court over claims it breached a longstanding agreement that requires the company to provide certain due diligence information so the plaintiff can finalize a planned sale of the O'Neill brand.
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October 30, 2024
Pot Co. Cookies Sued Over Breach Of Settlement Agreement
A licensee of the Cookies brand of cannabis products is suing the parent company and its affiliates in Los Angeles court, alleging they have breached a recent settlement agreement by refusing to pay for the licensee's remaining Cookies-branded products.
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October 30, 2024
Kirkland-Led Francisco Paying $1.1B For AdvancedMD
Kirkland & Ellis LLP is guiding Francisco Partners on an agreement disclosed Wednesday to buy medical payments company AdvancedMD from Global Payments for $1.125 billion.
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October 29, 2024
Wells Fargo Fights To Ax Suit Over Identify Fraud Accounts
Wells Fargo urged a California federal judge Tuesday to toss a proposed class action accusing the bank of violating the Fair Credit Report Act by accessing consumers' credit reports after fraudsters applied to open accounts with stolen information, saying Wells Fargo followed industry standards and the alleged damages are "conclusory."
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October 29, 2024
Pot Co. Neighbor Says He's Not Responsible for Transient Fire
A property owner is looking to dismiss a cannabis company's lawsuit accusing him of allowing a transient person to spark a fire that destroyed $3.8 million of cannabis, saying landlords don't have to protect their neighbors from third parties.
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October 29, 2024
Retired Fed. Circ. Judge Backs Invisalign In Monopoly Cases
Retired Federal Circuit Judge Paul R. Michel warned the Ninth Circuit on Tuesday that reversing a lower court's decision to toss a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market by illegally refusing to deal with a rival would increase patent owners' legal uncertainties.
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October 29, 2024
Roku Invalidates Smart Alarm Claims At Patent Board
Roku Inc. has persuaded an administrative board at the patent office to wipe out six claims in a "smart" alarm device patent developed by a subsidiary of Roku's longtime rival, Universal Electronics Inc.
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October 29, 2024
FCC, Calif. Agency To Team Up To Protect Privacy
The Federal Communications Commission is going to be teaming up with one of California's consumer protection agencies to enforce privacy rights in the Golden State, the pair announced Tuesday.
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October 29, 2024
ByteDance's Sanctions Bid Against Ex-Worker Delays Trial
A California federal judge delayed a trial in a wrongful termination lawsuit filed by an engineer formerly at TikTok's parent company ByteDance, directing the parties on Tuesday to instead submit briefing on the defendants' motion to terminate the case as a sanction for the plaintiff's alleged destruction of evidence and perjury.
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October 29, 2024
Epic Urges 9th Circ. Not To Pause Google Play Store Fixes
Epic Games Inc. has fired back against Google's request the Ninth Circuit issue an emergency stay pausing a lower court's antitrust injunction that would require Google to open up its Play Store to competing app stores, slamming Google's arguments as "scattershot," misleading and legally unfounded.
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October 29, 2024
Developer Can't Revive COVID-19 App Suit Against Apple
A California federal judge declined to revive an antitrust suit against Apple for not distributing a COVID-19 tracking app on its app store, saying a Ninth Circuit denial of the app maker's appeal after the case was dismissed in district court "is the law" of the case.
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October 29, 2024
Accellion Can't Nix Data Breach Suit Over Outdated Software
A California federal judge refused to end a proposed data breach class action accusing Accellion of negligently failing to protect against cyberattacks on its file-sharing software, ruling that a special relationship exists between Accellion and its customers, such that it owed a duty of care to them.
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October 29, 2024
Patent Partner Moves From King & Spalding To Steptoe
A former King & Spalding LLP partner has made the jump to Steptoe LLP, filling out the firm's team of California-based litigators who take on patent cases.
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October 29, 2024
Google Seeks To Toss Yelp's 'Self-Preferencing' Case
Google urged a California federal court Monday to toss Yelp's case accusing the search giant of giving preference to its own local search offerings over Yelp and others, saying the review site has been "peddling these same claims to antitrust authorities around the world for over a decade."
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October 29, 2024
Beyond Abortion, 7 Ballot Questions Set To Shape Care
While reproductive rights have led the healthcare debate this election season, voters across the country will shape state policies on a number of other hot issues, including a Medicaid work requirement and coverage for IVF. Law360 Healthcare Authority looks at seven ballot measures that go beyond abortion.
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October 29, 2024
Sports Betting Co. Sued For Spamming Consumers With Texts
The Sports Prophets, a company that provides stats and predictions for sports gamblers to aid them in betting, has been slapped with a proposed class action accusing it of continuing to pelt customers with marketing text messages after they opted out.
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October 29, 2024
NYC Pet Leave Bill Marks 'Radical Departure' In Sick Time Use
Legislation proposed by two New York City Council members that would require letting workers use sick leave to care for pets and service animals is an unprecedented move and an acknowledgment of the rising importance employees place on mental health, experts say.
Expert Analysis
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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A Narrow Window Of Opportunity To Fix Energy Transmission
A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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E-Signature Best Practices For Employers After Calif. Ruling
In Garcia v. Stoneledge Furniture, a California appellate court found an arbitration agreement invalid after an employee raised doubts about the authenticity of its e-signature, underscoring the importance of employers implementing additional measures to verify the authenticity of electronically signed documents, say Ash Bhargava and Reece Bennett at Atkinson Andelson.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.
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A Look At Calif.'s New AI Law For Health Insurers
A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.
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How 9th Circ. Ruling Expands Bankruptcy Trustees' Powers
The Ninth Circuit recently held in The Lovering Tubbs Trust v. Hoffman that a trustee can avoid intentionally fraudulent transfers, even if no creditor suffered harm as a result, materially strengthening bankruptcy trustees' powers, say Robert Klyman and Rod Kazempour at DLA Piper.
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Earned Wage Access Laws Form A Prickly Policy Patchwork
Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.