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California
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June 07, 2024
High Court's 'Narrow' Jack Daniel's Opinion Having Big Impact
When the U.S. Supreme Court decided a year ago that the maker of a squeaky dog toy that looks like a Jack Daniel’s whiskey bottle had no free speech protections against trademark infringement claims, the justices described their holding as narrow, but lawyers and academics are now suggesting the opinion is having broader implications.
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June 07, 2024
Coinbase, Kraken Profit Off Crypto Scams, Suit Says
Cryptocurrency exchanges Coinbase Inc. and Kraken face a pair of lawsuits filed by a former customer who accused them of using their platforms to attract scammers and victims to make a profit by taking operating fees.
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June 07, 2024
Yale Hospital Sued For Seeking To Exit $435M Purchase Deal
California-based Prospect Medical Holdings Inc. has sued Yale New Haven Health for seeking to back out of a $435 million acquisition of three financially distressed Connecticut hospitals, accusing the state's largest hospital of breach of contract and wrongfully leaking a prior lawsuit to the press.
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June 07, 2024
FCA, Cummins' $6M Engine Defect Deal Gets OK'd
A Michigan federal judge gave the go-ahead Friday to a $6 million settlement to resolve claims that Cummins Inc. made defective engines that went into FCA US LLC's Dodge Ram vehicles. FCA, now part of Stellantis NV, was once better known as Fiat Chrysler Automobiles NV.
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June 07, 2024
Goodwin, Cooley Lead J&J-Backed Neurological Firm's IPO
Johnson & Johnson-backed neurological firm Rapport Therapeutics Inc. rallied in debut trading Friday after it completed a $136 million initial public offering within its price range, guided by Goodwin Procter LLP and underwriters counsel Cooley LLP.
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June 07, 2024
Judge Asks Impact Of New Border Policy On CBP App Suit
A California federal judge has asked for briefing on the impact of a new executive order on asylum seekers who enter between ports of entry on a pending lawsuit challenging a requirement that migrants use a smartphone app to submit applications.
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June 07, 2024
Dreamland Falsely Touts Safe Weighted Swaddle, Parent Says
Dreamland Baby Co. "boldly markets" its weighted swaddles and blankets as pediatrician-approved and safe for babies and toddlers, but medical associations and government regulators have condemned these kinds of weighted products as being harmful, according to a proposed class action filed Thursday in California federal court.
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June 07, 2024
'House of Cards' Makers May Proceed With Coverage Suit
The companies that produced the Netflix series "House of Cards" can proceed with their coverage suit over losses sustained during production of the final season after allegations of sexual misconduct against the show's lead, Kevin Spacey, came to light, a California state court said.
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June 07, 2024
Sony Gets PTAB To Knock Out Video Chip Patent On Remand
Following a Federal Circuit remand, patent board judges have changed their position on arguments from Sony to wipe out a patent covering ideas developed by a defunct Silicon Valley chipmaker that would eventually be asserted in a suit almost two decades later targeting a PlayStation video game streaming service.
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June 07, 2024
Calif. Atty Faces Hacking Charge In Utility Billing Scandal
A San Fernando Valley attorney accused of scheming with lawyers representing the city of Los Angeles to settle a customer billing class action favorably for the Los Angeles Department of Water and Power also plotted to access the email and phone accounts of the judge overseeing the litigation, the State Bar of California asserted in an additional disciplinary charge filed Thursday.
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June 07, 2024
Calif. Developer Seeks $5M Excess Coverage For Defect Suits
A California developer is seeking coverage under a $5 million excess policy for an underlying settlement stemming from construction defect claims, telling a federal court that its excess insurer wrongfully refused to cooperate in the dispute resolution and that the policy expressly provided coverage.
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June 07, 2024
Calif. Ex-Atty Beats $330K Malpractice Judgment On Appeal
A former attorney escaped more than $300,000 in damages when a California appellate court ruled Friday that his former client didn't follow the proper procedure before receiving a default judgment in a case that's more than a decade old.
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June 07, 2024
Lewis Brisbois Wants Ex-Partner's Pay Bias Suit In Arbitration
Lewis Brisbois Bisgaard & Smith LLP has asked a Los Angeles court to force arbitration of claims lodged by a former partner in a suit accusing the firm of gender discrimination in pay and retaliation for raising concerns over its "unethical billing practices."
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June 07, 2024
DLA Piper Steers Tech-Focused SPAC's $250M Filing
Special-purpose acquisition company GigCapital7 on Friday announced plans to raise up to $250 million in an initial public offering, and said that it intends to use the proceeds to fund a future merger with a company in the technology sector.
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June 07, 2024
9th Circ. Says University Can Sue Over Wash. AG Hiring Probe
A Ninth Circuit panel breathed new life Friday into a private Christian university's lawsuit accusing Washington state's attorney general of improperly investigating its anti-LGBTQ+ hiring practices, finding the possibility of potential future enforcement gives the school standing to sue.
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June 07, 2024
GRSM50 Adds Toxic Tort Specialist In Northern California
Gordon Rees Scully Mansukhani LLP is growing its environmental/toxic tort practice group in California, bringing on a partner with diverse experience, including most recently as court operations legal analyst for the Idaho Administrative Office of the Courts.
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June 07, 2024
Ropes & Gray-Repped Bain Buying PowerSchool In $5.6B Deal
Bain Capital has agreed to buy PowerSchool Holdings Inc., a provider of cloud-based software for K-12 education, in a deal that values the business at $5.6 billion, the companies said in a statement Friday.
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June 06, 2024
Netflix Hit With $170M Suit Over 'Baby Reindeer's' 'Brutal Lies'
Netflix built its popular stalker miniseries "Baby Reindeer" on "brutal lies" that have "ruined" the life of the Scottish lawyer who claims to have inspired the show — all because "it was a better story than the truth," according to a $170 million suit filed in California federal court Thursday.
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June 06, 2024
Google Gets Tweaked AI Data-Scraping Complaint Axed
A California federal judge on Thursday agreed to dismiss — for now — a proposed class action claiming Google steals private and copyrighted information to train its artificial intelligence chatbot, pointing to a recent ruling siding with Microsoft Corp. and OpenAI in a similar case.
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June 06, 2024
Alec Baldwin Faces New 'Rust' Shooting Civil Claims In NM
The family of cinematographer Halyna Hutchins, who was shot and killed on the set of "Rust," has lodged another civil suit against Alec Baldwin, this time in New Mexico, according to a complaint filed Wednesday in Santa Fe County court.
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June 06, 2024
Health Co. CEO Sold Stock Amid Souring Cigna Deal, Jury Told
A stock analyst told California federal jurors Thursday he noticed in disclosure forms that the founder of healthcare company Ontrak Inc. was starting to sell company shares a few weeks before Cigna announced it was terminating its $90 million contract with the company.
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June 06, 2024
NFL Sunday Ticket Is A Rigged Game, Antitrust Jury Told
An attorney for NFL Sunday Ticket subscribers told a California jury Thursday during opening statements of a multibillion-dollar antitrust suit that secret documents will prove the NFL engaged in anticompetitive behavior, and the trial would reveal the "darker side of the NFL behind the shield."
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June 06, 2024
White Collar Boutique Sued By Ex-Client Over Representation
White collar boutique Clark Smith Villazor LLP and one of its name partners is facing a lawsuit from a former client, a convicted securities fraud defendant who claims the firm caused him to be arrested by the FBI and face millions of dollars in fines.
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June 06, 2024
Roundup MDL Judge Worries Plaintiffs Firms Overstretched
A California federal judge presiding over multidistrict personal injury litigation over Monsanto's Roundup weed killer expressed concerns Thursday that plaintiffs firms may be taking on "a whole bunch of cases" they don't have the ability to prosecute just to settle "on the cheap," calling the prospect "a little bit disturbing."
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June 06, 2024
Calif. Justices OK UC Berkeley People's Park Housing Plan
The University of California, Berkeley, can move ahead with its plans to build a housing project in the historic People's Park, the California Supreme Court ruled Thursday, saying a new state law wipes out opponents' claims that the university's environmental impact study failed to look at potential student noise pollution.
Expert Analysis
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Top 10 Queries For Insurers Entering Surplus Lines Market
John Emmanuel at Locke Lord discusses what insurers should understand before entering into the surplus lines market, a growing, state-regulated area, subject to much variation in application and enforcement.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims
In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.
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Breaking Down DOJ's Individual Self-Disclosure Pilot Program
The U.S. Department of Justice’s recently announced pilot program aims to incentivize individuals to voluntarily self-disclose corporate misconduct they were personally involved in, complementing a new whistleblower pilot program for individuals not involved in misconduct as well as the government's broader corporate enforcement approach, say attorneys at Paul Weiss.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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How To Prepare As Employee Data Reporting Deadlines Near
As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.
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What Have We Learned In The Year Since Warhol?
In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says Jose Sariego at Bilzin Sumberg.
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Sorting Circuit Split On Foreign Arbitration Treaty's Authority
A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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Patent Lessons From 8 Federal Circuit Reversals In March
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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First 10b5-1 Insider Trading Case Raises Compliance Issues
The ongoing case against former Ontrak CEO Terren Peizer is the U.S. Department of Justice's first insider trading prosecution based primarily on the filing of 10b5-1 plans, and has important takeaways for attorneys reviewing corporate policies on the possession of material nonpublic information, say attorneys at Cadwalader.
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Calif. Housing Overhaul May Increase Pressure On Landlords
Two recently enacted California laws signal new protections and legal benefits for tenants, but also elevate landlords' financial exposure at a time when they are already facing multiple other hardships, says Laya Dogmetchi at Much Shelist.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Navigating Kentucky's New Consumer Privacy Law
On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.