• April 11, 2024

    Autonomy Became Less Transparent Before Sale, Jury Told

    An ex-market analyst testifying Thursday in a California criminal trial over claims that former Autonomy CEO Michael Lynch duped HP into buying the British company for $11.7 billion told jurors that the company became less forthcoming about some of its accounting a couple of years before the sale.

  • April 11, 2024

    Gerber, Others Must Face Calif. MDL Over Baby Food Toxins

    A group of baby food manufacturers, including Gerber Products Co., Hain Celestial Group Inc. and Beech-Nut Nutrition Co., must face consolidated lawsuits alleging that heavy metals in their products cause autism spectrum disorder and other conditions in California federal court, the Judicial Panel on Multidistrict Litigation ruled Thursday.

  • April 11, 2024

    UnitedHealth Patients' Addiction Coverage Suit Revived, Again

    The Ninth Circuit on Thursday revived for the second time a proposed class action accusing UnitedHealth of wrongly rejecting coverage for outpatient substance use disorder treatments in violation of federal benefits law, finding the plaintiff plausibly alleged the insurer employed an excessively strict review process for those claims.

  • April 11, 2024

    Investors Again Seek Asset Freeze To Enforce $60M Awards

    Two Chinese investment firms have again urged a California federal court to impose a worldwide freeze against a renewable energy company's assets as they seek to enforce about $60 million in arbitral awards, saying the company is in increasing financial distress.

  • April 11, 2024

    Feds Bring MLB's Messy Betting Scandal Into Focus

    The federal bank fraud charge against Shohei Ohtani's former interpreter doubled as a de facto exoneration of Ohtani himself, as prosecutors built a detailed case that experts say brings clarity to an explosive saga marked by confusion and shifting narratives.

  • April 11, 2024

    Orrick To Pay $8M To Settle Data Breach Litigation

    A proposed class of data-breach victims asked a California federal judge Thursday to greenlight an $8 million settlement with Orrick Herrington & Sutcliffe LLP in litigation over a March 2023 data breach that purportedly exposed Social Security numbers and other personal information of more than 638,000 individuals.

  • April 11, 2024

    Wells Fargo Wants Ex-CEO's $34M Back-Pay Suit Tossed

    Wells Fargo & Co. has asked a California state court to throw out a lawsuit filed by former CEO Timothy Sloan that seeks $34 million in compensation he alleges was wrongfully withheld from him, a payout the bank maintains it doesn't owe.

  • April 11, 2024

    State Rules Can't 'Obliterate' Federal Rights, Justices Told

    The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.

  • April 11, 2024

    Shops Fight Altria Unit's Bid To Block Flavored Vape Sales

    A group of smoke shops urged a California federal judge to reject a bid by vape manufacturer NJOY, a subsidiary of tobacco giant Altria Group, Inc., seeking to block the retailers from selling Elf Bar branded flavored vapes, arguing that consumers won't flock to NJOY's tobacco flavored products even if Elf Bar is off the market.

  • April 11, 2024

    JPMorgan Analyst's Acquittal Sinks Stock Tip Case, Man Says

    A Los Angeles man is planning a Ninth Circuit appeal after he was found guilty of trading on privileged information supplied by a childhood friend who was an analyst at JPMorgan Securities LLC, reasoning that he could not be guilty because the friend was acquitted at a separate trial.

  • April 11, 2024

    9th Circ. Nixes 'Super Snap Removals' In Dexcom Suits

    The Ninth Circuit won't let Dexcom Inc. remove three suits alleging its glucose monitoring system is defective to federal court, saying its "super snap removal" motions were premature as they were filed before any of the cases actually commenced.

  • April 11, 2024

    Pacific Pipeline To Pay Calif. Landowners $70M Over Oil Spill

    A class of landowners urged a California federal judge to sign off on a $70 million deal with Pacific Pipeline Co. to resolve litigation stemming from the rupture of an onshore pipeline that leaked 140,000 gallons of crude oil near Santa Barbara, California, according to a motion for settlement approval entered Wednesday.

  • April 11, 2024

    NCAA Athletes Can't Get MDL Over Compensation Rules

    The Judicial Panel on Multidistrict Litigation denied the request of NCAA athletes to centralize two suits accusing the organization and five major college sports conferences of exercising a monopoly over labor in Division I sports by not allowing student-athletes to be compensated for their performances.

  • April 11, 2024

    LA's COVID-19 Anti-Eviction Law A Taking, 9th Circ. Told

    A Los Angeles landlord urged the Ninth Circuit during a Thursday hearing to revive his $100 million suit against the city over its COVID-19 anti-eviction moratorium, arguing the lower court erred when it found the moratorium against eviction of defaulting tenants didn't constitute a physical taking by the government.

  • April 11, 2024

    Judge Sends Tax Data Suit Against H&R Block To Arbitration

    A man who used H&R Block to prepare his taxes online and then sued the company, along with Google and Meta Platforms Inc., for sharing his private data must pursue his claims against the tax preparation software giant in arbitration, a California federal judge ruled Thursday.

  • April 12, 2024

    Rash Of 401(k) Forfeiture Suits Approach First Hurdles

    Several recent lawsuits challenging how employers use 401(k) forfeitures — which occur when a worker leaves before an employer's matching contributions fully vest — are approaching critical early tests, with rulings expected on dismissal bids in the coming months. Here, Law360 looks at how this area of Employee Retirement Income Security Act litigation has gained traction, and what to look out for next.

  • April 11, 2024

    Nogin Can Get Another $3M In Ch. 11 Cash To Get Plan Done

    E-commerce company Nogin Inc. received permission Thursday from a Delaware bankruptcy court to draw another $3 million in Chapter 11 financing as it continues working toward implementing its court-approved restructuring plan.

  • April 11, 2024

    Birth Control Injury Claims Barred From Conn., Court Told

    Connecticut state courts have no basis to exercise jurisdiction over three of the four companies targeted in product liability lawsuits brought by 103 women who claim their Filshie Clip birth control devices migrated within their bodies and caused injuries, counsel for the defendants told a Waterbury judge Thursday.

  • April 11, 2024

    NPE Patent Suits Up 24% In First Quarter Of 2024

    Patent lawsuits from nonpracticing entities are on the rise yet again, with many being filed in the Eastern District of Texas, according to a new report.

  • April 11, 2024

    $24M Hidden Fee Deal Between Class, AIG Units Gets 1st OK

    A California federal court granted preliminary approval of a nearly $24 million settlement between a class of travel insurance buyers and several AIG units resolving claims that the companies stacked hidden fees on top of insurance travel premiums.

  • April 11, 2024

    State Bar Attys Fight Eastman's Bid To Activate Law License

    The State Bar of California has formally opposed John C. Eastman's motion to stay a March order placing him on inactive status pending appeal of a recommendation that he be disbarred.

  • April 11, 2024

    Calif., NY And SD Judicial Nominees Advance To Full Senate

    Four judicial nominees were voted out of the Senate Judiciary Committee on Thursday, including one scrutinized for his affiliation with the National Asian Pacific American Bar Association and the group's position on hot button issues.

  • April 11, 2024

    Ohtani's Ex-Interpreter Charged In $16M Theft From MLB Star

    The former interpreter for Los Angeles Dodgers player Shohei Ohtani has been charged with stealing around $16 million from the superstar to place illegal sports bets, federal officials in Los Angeles announced Thursday, saying Ohtani was a victim and had no knowledge of his interpreter's gambling.

  • April 11, 2024

    Apple Must Face Former Executive's Trimmed Age Bias Suit

    A California federal judge narrowed a former Apple executive's suit alleging his age led the company to withhold bonuses, though the suit stands, as the judge said it sufficiently showed a contract was breached when the company did not pay a hefty stock retention bonus.

  • April 10, 2024

    States, Wild Cards & Time: Hurdles Facing Privacy Law Push

    Congress has what many experts are calling its best chance to enact a national data privacy framework, after key leaders this week announced a surprising deal on the topic. But several factors could still derail the promising proposal, including influential stakeholders that have yet to weigh in, the upcoming election and the longstanding debate over who should enforce the law.

Expert Analysis

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • Rulings In 9th Circ. Provide Ammo To False Label Defendants

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    Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.

  • Why Fed. Circ. Should Resolve District Split On Patent Statute

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    A split exists among district courts in their analysis of when marking cannot be done on a patented article due to its character, and the Federal Circuit should consider clarifying the analysis of Section 287(a), a consequential statute with important implications for patent damages, say Nicholas Nowak and Jamie Dohopolski at Sterne Kessler.

  • Employers Beware Of NLRB Changes On Bad Faith Bargaining

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    Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • When Trade Secret Protection And Nat'l Security Converge

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    The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.

  • How Banks Should Respond To Calif. AG's Overdraft Warning

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    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.

  • Calif. Verdict Showcases SEC's New 'Shadow Trading' Theory

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    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.

  • Why Incorporating By Reference Is Rarely Good Practice

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    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.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    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.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    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.

  • Considerations For Evaluating IP Risks In Cannabis M&A

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    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.

  • A Snapshot Of The Evolving Restrictive Covenant Landscape

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    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.

  • Ruling Signals Wave Of CIPA Litigation May Soon End

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    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.

  • Opinion

    High Court Should Settle Circuit Split On Risk Disclosures

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    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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