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September 16, 2024
9th Circ. Won't Review Tribal Jurisdiction In Virus Suit
An en banc panel of the Ninth Circuit on Monday upheld a panel's finding that the Suquamish Tribal Court has jurisdiction over the tribe's coronavirus coverage dispute with its insurers, though a dissent claimed the panel decision "gutted any geographic limits of tribal court jurisdiction."
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September 16, 2024
Why A Tactic In The Youth Climate Change Battle Is Risky
Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360.
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September 16, 2024
FDA Warns Vape Retailers About Approval Inadequacies
The U.S. Food and Drug Administration warned a slew of retailers that they are illegally selling vape brands and products, alleging they lack regulatory approval to do so.
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September 16, 2024
Longtime Cooley Litigator Jumps To Jackson Lewis In Calif.
Jackson Lewis PC has expanded its Orange County, California, office with a longtime employment litigator who spent more than two decades with Cooley LLP.
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September 16, 2024
Record Retrieval Co. Hit With Suit Over Data Breach
Medical record retrieval company Compex Legal Services Inc. is facing a proposed class action in California federal court over an April data breach that exposed consumers' personal and health information.
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September 16, 2024
California Powerhouse: Wilson Sonsini
Wilson Sonsini Goodrich & Rosati PC over the last year stayed true to its roots of representing innovative companies in a wide range of matters, like scoring Google a win over an Anti-Terrorism Act suit at the U.S. Supreme Court and advising HashiCorp Inc. in its $6.4 billion acquisition by IBM, earning it a place for the third time among Law360's Regional Powerhouses.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 13, 2024
Real Estate Recap: Foreclosure Legal Fees, Climate Resilience
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including trends in legal fees from commercial mortgage foreclosures and insights into property resilience in areas affected by extreme weather events.
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September 13, 2024
23andMe Inks $30M Data Breach Deal With 6.4M Users In MDL
Personal genomics company 23andMe has reached a $30 million settlement to resolve multidistrict class action litigation on behalf of more than 6 million customers whose personal data was stolen and in some cases leaked onto the dark web, according to a California federal court filing Thursday.
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September 13, 2024
NJ Gov. Signs Law To Limit Sale Of 'Intoxicating Hemp'
New Jersey Governor Philip Murphy on Thursday signed a bill into law aimed at regulating the sale and distribution of intoxicating hemp products in the state, particularly those sold by unauthorized sellers and those sold to people under 21.
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September 13, 2024
NFL QB Faces New Assault Claims, NCAA's NIL Woes Grow
In this week’s Off The Bench, NFL quarterback Deshaun Watson is once again accused of sexual assault, and a group of former University of Michigan football players sue the NCAA for more than $50 million in NIL-related damages. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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September 13, 2024
9th Circ. Ruling Guts Religious Protections, Apaches Say
The U.S. Supreme Court should stop the federal government from handing over a sacred tribal site in Arizona's Tonto National Forest to a copper mining joint venture owned by Rio Tinto and BHP, the San Carlos Apache Tribe argued, saying that the decision could pose an "existential threat" to Native Americans.
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September 13, 2024
SEC Fines Zymergen $30M Over Misleading Pre-IPO Claims
Now-shuttered biotechnology company Zymergen Inc. has agreed to pay a $30 million fine to settle U.S. Securities and Exchange Commission allegations that it misled investors in its initial public offering when it used "unsupported hype" about the market potential for its technology for foldable touch screens.
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September 13, 2024
16 State AGs Demand DOJ Probe Of Texas Voter Fraud Raids
A group of 16 state attorneys general implored the U.S. Department of Justice to investigate recent raids by Texas Attorney General Ken Paxton's office that were said to be connected to an election integrity investigation but reportedly targeted the Latino population, warning that Paxton risks "undermining the very elections he purports to want to protect."
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
Monster Tears Into Supplements Co. For Using 'Beast' Marks
Monster Energy Co. has launched a suit in California federal court that accuses a Miami-based company of marketing and selling supplements that infringe Monster's "Beast"-related trademarks.
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September 13, 2024
Med Techs Settle Eyelid Cleaner Patent Spat
Two companies specializing in eyelid cleaning technology have reached a deal to settle their dispute in California federal court after the court refused to dismiss the infringement allegations.
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September 13, 2024
USC Sex Abuse Coverage Dispute Dropped After Doc's Death
The University of Southern California and several of its insurers dropped a dispute over coverage for sexual assault allegations against disgraced gynecologist Dr. George Tyndall, which comes after the death of the doctor in October 2023.
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September 13, 2024
Calif. Delivery Co. To Pay $7.5M To Settle Drivers' Wage Suit
A $7.5 million wage-and-hour settlement between a California-based transportation services company and some of its drivers secured a federal judge's final approval, resolving a five-year-old suit's minimum wage, expense reimbursement and follow-on claims.
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September 13, 2024
Intel's Appeal For Neural Network Tech Blows A Fuse
Officials at the European Patent Office have rejected an appeal by Intel Corp. to register its patent application for deep neural network optimization, as it ruled that the protections it sought were unclear.
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September 13, 2024
Former Y Combinator GC Joins Freshfields In Silicon Valley
The former general counsel for a well-known startup accelerator that has backed companies including Airbnb, Coinbase, DoorDash and Instacart has jumped to Freshfields and its Silicon Valley office, the law firm announced on Friday.
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September 13, 2024
Ex-ABL Space Counsel Jumps To Barnes & Thornburg
A former Barnes & Thornburg associate is returning to the firm after an in-house stint with space launch service provider ABL Space Systems, but this time as a partner.
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September 12, 2024
Southwest Leave Penalty Suit Cleared For Class Treatment
A California judge gave her blessing Thursday to a class action accusing Southwest Airlines Co. of penalizing flight attendants who take family or medical leave, letting the suit move ahead on behalf of thousands of workers.
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September 12, 2024
Corp. Disclosure Law Kills Community Boards, Nonprofits Say
The Community Associations Institute and other groups have sued the U.S. Department of the Treasury over the Corporate Transparency Act, arguing the law should not apply to them, violates constitutional rights and will lead to mass resignations from their community leadership boards.
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September 12, 2024
9th Circ. Sends Salary Basis Case Back To Lower Court
San Francisco city nurses claiming they were not paid a true salary and are therefore entitled to overtime pay will have their day in court after the Ninth Circuit reversed a lower court's summary judgment and remanded the case for further proceedings.
Expert Analysis
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Employers Face Uncertainty After Calif. Justices' Slur Ruling
In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.
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Considerations As State AGs Step Up Privacy Enforcement
As new state privacy laws take effect, businesses are facing an increasingly complex patchwork of compliance obligations and risk of scrutiny by attorneys general, but companies can gain a competitive edge by building consumer trust and staying ahead of regulatory trends, say Ann-Marie Luciano and Meghan Stoppel at Cozen O’Connor.
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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Lessons From Rising Fake Discount Consumer Class Actions
Ellen Robbins and Scott Allbright at Akerman discuss the rise of false reference price consumer class actions and outline key strategies to minimize legal risk and protect businesses.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Daubert Motion Trends In Patent Cases Reveal Damages Shift
A review of all 2023 Daubert decisions in patent cases reveals certain trends and insights, and highlights the complexity and diversity in these cases, particularly in relation to lost profits and reasonable royalty damages opinions, say Sherry Zhang and Joanne Johnson at Ocean Tomo.
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Why The SEC Is Targeting Short-And-Distort Schemes
The U.S. Securities and Exchange Commission's recent crackdown on the illegal practice of short-and-distort trades highlights the urgent need for public companies to adopt proactive measures, including pursuing private rights of action, say attorneys at Baker McKenzie.
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How High Court Ruling Is Shaping Homelessness Policies
The U.S. Supreme Court’s June decision in Grants Pass v. Johnson to allow enforcement of local ordinances against overnight camping is already spurring new policies to manage homelessness, but the court's ruling does not grant jurisdictions unfettered power, say Kathryn Kafka and Alex Merritt at Sheppard Mullin.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Gilead Drug Ruling Creates Corporate Governance Dilemma
If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.