The California Supreme Court on Thursday approved a proposed set of qualification standards for experts involved in developing California's bar exam in the wake of a botched administration of the exam in February.
Law360
California
SUNDAY, DECEMBER 21, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

California Justices OK Standards For Updated Bar Exam

By Christine DeRosa

The California Supreme Court on Thursday approved a proposed set of qualification standards for experts involved in developing California's bar exam in the wake of a botched administration of the exam in February.

Order attached | Read full article » | Save to favorites »

Instacart Will Pay $60M Over FTC's Deceptive Delivery Claims

By Lauren Berg

Instacart has agreed to pay $60 million to resolve Federal Trade Commission claims it deceptively advertised "free delivery" on customers' first orders while charging a service fee and for not clearly disclosing the terms of its subscription membership.

2 documents attached | Read full article » | Save to favorites »

Nonclass Attys' $75M Fee Request Too High, Anthropic Says

By Adam Lidgett

Anthropic says the $75 million in fees that nonclass counsel requested as part of the artificial intelligence company's $1.5 billion copyright settlement with authors is far too high, arguing there is "scant justification" for the request.

Response attached | Read full article » | Save to favorites »

LinkedIn Data Access Settlement Rejected In Antitrust Case

By Matthew Perlman

A California federal court refused to approve a settlement requiring LinkedIn to stop conditioning access to its data interface on rivals agreeing not to use the data for a competing professional social network, a deal that included no damages but up to $4 million in attorney fees.

Order attached | Read full article » | Save to favorites »

SF, Oakland Near Settlement In Airport Name Trademark Fight

By Dorothy Atkins

The Port of Oakland has cut a tentative deal with the city and county of San Francisco to resolve a trademark infringement suit over Oakland renaming its international airport to include "San Francisco Bay," according to a joint stipulation filed in California federal court Wednesday.

2 documents attached | Read full article » | Save to favorites »

$10B Verdict Hinges On Witness Order, Katyal Tells Panel

By Craig Clough

Milbank's Neal Katyal urged a California state appellate panel to grant a new trial to a man who lost an estimated $10 billion verdict when a jury found he violated an oral agreement with his brothers over a real estate empire, saying the witness order violated a civil procedure rule.

Read full article » | Save to favorites »

Calif. AG, Bar Officials Fight Bid To Stop ABS Fee-Sharing Ban

By James Mills

Both the California attorney general and the California State Bar are opposing a California attorney's attempt to block a new law preventing fee-sharing with out-of-state law firms owned by nonlawyers set to go into effect on Jan. 1.

2 documents attached | Read full article » | Save to favorites »

POLICY & REGULATION

UC Researchers Near Reinstating $7B In DOE Grants

By Bonnie Eslinger

A California federal judge said Thursday she's inclined to grant a preliminary injunction ordering the Trump administration to reinstate $7 billion in Department of Energy grants awarded to researchers, saying they were canceled with form letters similar to those she's previously found to violate the Administrative Procedure Act.

Read full article » | Save to favorites »

Pennsylvania Says DOJ Not Authorized To Get Voter Data

By Matthew Santoni

Pennsylvania shouldn't have to give the U.S. Department of Justice its voters' driver's license numbers and partial Social Security numbers because that data is not necessary for enforcing the federal laws the DOJ cited in its demand, according to a brief seeking dismissal of the DOJ's lawsuit.

Brief attached | Read full article » | Save to favorites »

ENERGY & ENVIRONMENTAL

Anti-Fluoride Win Merits $9.5M In Fees From EPA, Judge Told

By Bonnie Eslinger

Anti-fluoridation groups urged a California federal judge in a hearing Thursday to grant them $9.5 million in attorney fees for winning a 2024 decision that the U.S. Environmental Protection Agency's "optimal" fluoride level for drinking water poses an unreasonable risk of lowering children's IQ. 

Read full article » | Save to favorites »

IRS Guidance Discriminates Against Wind, Solar, Groups Say

By Asha Glover

Several groups, including the Natural Resources Defense Council and the city of San Francisco, asked a D.C. federal court Thursday to block the Internal Revenue Service from instituting new tax credit rules that they say illegally discriminate against wind and solar projects.

Complaint attached | Read full article » | Save to favorites »

9th Circ. Revives National Forest Road Injury Claim

By Jonathan Capriel

A timber worker who suffered injuries when his excavator slid off a Washington road under the control of the U.S. Forest Service will get the opportunity to take his claims to trial, the Ninth Circuit ruled Wednesday, saying a jury needs to decide whether the worker's employer or the federal government was responsible for the road's upkeep.

2 documents attached | Read full article » | Save to favorites »

PRODUCT LIABILITY

Monarch Overhyped 'Driver-Optional' Tractors, Ex-Dealer Says

By Ben Adlin

A Washington farm supply store sued California-based Monarch Tractor — which bills itself as the maker of "the world's first autonomous tractor" — in Seattle federal court Thursday, claiming the company's MK-V vehicles "did not perform as represented and were unable to operate in the autonomous manner represented."

Complaint attached | Read full article » | Save to favorites »

INTELLECTUAL PROPERTY

Analysis

Top Trade Secrets Decisions Of 2025

By Ivan Moreno

The Ninth Circuit clarified the rules of engagement in trade secrets disputes with guidance on when confidential information must be precisely detailed during litigation, and jurors delivered a $200 million verdict against Walmart over product freshness technology. Here are Law360's picks for the biggest trade secrets decisions of 2025.

Read full article » | Save to favorites »

ITC Clears Toy Gun Imports, Will Review Smart Rings, Vapes

By Dani Kass

The U.S. International Trade Commission has had a busy week in intellectual property, determining a series of toy gun imports don't infringe Spin Master patents licensed to Hasbro, instituting reviews requested by companies including Ouraring, AbbVie and Juul, and receiving several new complaints.

12 documents attached | Read full article » | Save to favorites »

EMPLOYMENT & BENEFITS

SF Must Reinstate Worker Fired For Violating COVID Vax Rule

By Gina Kim

A California federal judge ordered San Francisco to reinstate a 311 call center agent who was fired for violating a COVID-19 vaccination mandate after he sought an exemption based on his Muslim faith, ruling Thursday that the plaintiff has made a "prima facie case for religious discrimination."

Order attached | Read full article » | Save to favorites »

Brief

AT&T Worker Takes 401(k) Forfeiture Suit To 9th Circ.

By Jack McLoone

An AT&T worker has turned to the Ninth Circuit after a California federal judge spiked his proposed class action alleging that the telecom giant misspent employee 401(k) plan forfeitures. 

Notice attached | Read full article » | Save to favorites »

SECURITIES & BANKING

Feds Urge Justices To Keep SEC Disgorgement Power Intact

By Katryna Perera

The Trump administration has joined the call for the U.S. Supreme Court to resolve a circuit split over the U.S. Securities and Exchange Commission's disgorgement powers, urging the justices to find that alleged fraudsters should be required to give up illegal profits even if the government can't show investors lost money.

Brief attached | Read full article » | Save to favorites »

Theta, CEO Accused Of Crypto Fraud In Whistleblower Suits

By Katryna Perera

Two whistleblower complaints have been filed against Sliver VR Technologies, its blockchain subsidiary Theta Labs Inc. and their CEO, alleging they ran pump-and-dump and other fraud schemes to artificially inflate the company's token prices.

2 documents attached | Read full article » | Save to favorites »

AI Energy Co. Stem Inc. Beats SPAC Merger Investor Suit

By Emilie Ruscoe

Artificial intelligence-driven energy storage company Stem Inc. and its brass no longer face investor claims of making misstatements ahead of a $1.35 billion merger with a blank check company after a judge found their latest complaint revisions didn't fix earlier issues.

Order attached | Read full article » | Save to favorites »

COMPETITION

Vegas Sun Wants Justices To Revive Protective Pact

By Bryan Koenig

The Las Vegas Sun wants the U.S. Supreme Court to take up a Ninth Circuit decision that nixed an agreement protecting it from the Las Vegas Review-Journal's alleged plan to drive it out of business, arguing that the old pact with the more conservative paper was valid even without express government approval.

Petition attached | Read full article » | Save to favorites »

BANKRUPTCY

Oakland Diocese To Continue Ch. 11 Plan Talks

By Rick Archer

The Roman Catholic Diocese of Oakland and representatives of sexual abuse claimants told a California bankruptcy judge Thursday they are ready for another month of talks to try and reach an agreement on a Chapter 11 plan for the diocese.

Read full article » | Save to favorites »

EXPERT ANALYSIS

Reviewing 2025's Most Pertinent Wiretap Developments

2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.

Read full article » | Save to favorites »

7 Strategies To Optimize Impact Of Direct Examination

Direct examination is a make-or-break opportunity to build a witness’s credibility, so attorneys should adopt a few tactics — from asking so-called trust-fall questions to preemptively addressing weaknesses — to drive impact and retention with the fact-finder, says Allison Rocker at Baker McKenzie.

Read full article » | Save to favorites »

Series

Nature Photography Makes Me A Better Lawyer

Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

Read full article » | Save to favorites »

LEGAL INDUSTRY

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

Read full article » | Save to favorites »

Health, Legal Employers Face Unique Online Speech Hurdles

Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.

Read full article » | Save to favorites »

Roundup

UK Litigation Roundup: Here's What You Missed In London

By Laura Stewart Liberty

This past week in London has seen the designer of an 88-facet diamond bring a copyright claim against a luxury watch retailer, collapsed firm Axiom Ince bring legal action against the solicitors' watchdog, and the Post Office hit with compensation claims from two former branch managers over their wrongful convictions during the Horizon information technology scandal.

Read full article » | Save to favorites »

Law360's Legal Lions Of The Week

By Kevin Penton

Five firms lead this week's edition of Law360 Legal Lions, after the D.C. Circuit reinstated an order that blocked the U.S. Environmental Protection Agency from freezing grants for climate change projects.

Read full article » | Save to favorites »

Florida Supreme Court Approves Limits For Non-Lawyer Roles

By Madison Arnold

The Florida Supreme Court has signed off on a rule change to spell out that nonlawyers at a law firm cannot supervise the work of attorneys or perform policymaking duties that affect the practice of law.

Order attached | Read full article » | Save to favorites »

Sidley Adds Williams & Connolly Mass Torts Trial Atty In DC

By Alison Knezevich

A trial attorney who spent more than two decades at Williams & Connolly LLP has moved to Sidley Austin LLP to help lead its product liability and mass torts practice.

Read full article » | Save to favorites »

Yale Law School Appoints Deputy Dean To Top Spot

By Brian Steele

The deputy dean of Yale Law School, a career academic and public servant who clerked for U.S. Supreme Court Justice Sandra Day O'Connor, will take over the top deanship position next year, the school announced Friday.

Read full article » | Save to favorites »

Federal Courts Not Subject To FOIA, DC Judge Rules

By Jake Maher

The conservative litigation group America First Legal Foundation cannot demand documents from the federal Judicial Conference of the U.S. and the Administrative Office of the U.S. Courts under the Freedom of Information Act because they are not executive agencies, a D.C. federal judge ruled Thursday.

Memorandum attached | Read full article » | Save to favorites »

Analysis

More Pardon Seekers Going 'Straight To The White House'

By Phillip Bantz

A nonprofit's unusual plan to make a mass pardon request directly to the Trump administration highlights burgeoning optimism among white collar defendants about their chances of securing relief, and a recognition that the clearest path to clemency no longer runs through the traditional channels.

Read full article » | Save to favorites »

Hogan Lovells, Cadwalader's Divergent Paths Led To Deal

By Aebra Coe

The blockbuster combination between Hogan Lovells and Cadwalader Wickersham & Taft LLP announced this past week involves two law firms that have charted very different paths in recent years. Here, a look at what events led up to the firms joining together at the deal table.

Read full article » | Save to favorites »

DC Firm Hiring From Government Skyrocketed In 2025

By Alison Knezevich

As federal lawyers left in droves this year amid President Donald Trump's return to the White House, the number of attorneys who moved from government jobs to BigLaw firms in Washington, D.C., doubled in 2025 compared to the last post-presidential election year.

Read full article » | Save to favorites »

Keesal Young Drops Part Of Stradley Ronon Poaching Suit

By Madison Arnold

Keesal Young & Logan wants to drop part of its California state court lawsuit alleging Stradley Ronon Stevens & Young LLP unlawfully recruited 10 of its attorneys.

1 document attached | Read full article » | Save to favorites »

Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

In one of the stories in corporate legal news from the past week, almost half of the in-house legal professionals in a recent survey said they were either actively or passively seeking new jobs, citing stress, a struggle to build multidisciplinary teams and anxiety around artificial intelligence.

Read full article » | Save to favorites »

Gambling Tech Co. Loses Sanction Bid In NJ Defamation Case

By George Woolston

A New Jersey state judge rejected a gambling technology company's bid for sanctions in its defamation suit against investigative firm Black Cube and law firm Calcagni & Kanefsky LLP, ruling that Black Cube did not willfully disobey a court discovery order.

Opinion attached | Read full article » | Save to favorites »

Colo. Supreme Court Justice Melissa Hart Retires

By Zach Dupont

After an extended leave of absence this year, Colorado Supreme Court Justice Melissa Hart announced her retirement from the state's high court Friday.

Read full article » | Save to favorites »

Justices Let Immigration Judges' Free Speech Suit Continue

By Ganesh Setty

The U.S. Supreme Court ruled on Friday that the Trump administration has failed to show it will be irreparably harmed by a Fourth Circuit decision that revived immigration judges' lawsuit challenging restrictions on their ability to speak publicly.

Order attached | Read full article » | Save to favorites »

Promo that reads 2025 MVPs Promo that reads Law360 Pulse Compensation Report

LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Alston & Bird

Amster Rothstein

Arnold & Porter

Ashurst LLP

Atkinson Andelson

Baker Botts

Baker McKenzie

Bathaee Dunne

Beasley Allen

Berger Montague

Boies Schiller

Brown & Connery

Brown White & Osborn

Brownstein Hyatt

Burke LLP

Cadwalader Wickersham

Calcagni & Kanefsky

Claggett & Sykes

Clark Hill

Clyde & Co

Constantine Law Ltd

Cooley LLP

Cowan DeBaets

DAC Beachcroft

DLA Piper

David Boies

Davis Polk

Dechert LLP

Ecoff Campain

Edelson PC

Evia Law PLC

Fabricant LLP

Farella Braun

Farrar & Ball

Fennemore

Fieldfisher

Finnegan

Fish & Richardson

Foley & Lardner

Foley Hoag

FordHarrison

Freshfields

Gateley PLC

Gibson Dunn

Gordon Rees

Gowling WLG

Gunderson Dettmer

Hagens Berman

Harbottle & Lewis

Hay & Kilner

Haynes Boone

Helsell Fetterman

Hodel Wilks

Hogan Lovells

Holland & Hart

Holmes Athey

Holwell Shuster

Jenner & Block

Joffe & Associes

Jones Day

K&L Gates

Kasowitz LLP

Kaster & Lynch

Kaster Lynch

Keesal Young

Keller Benvenutti

Keller Postman

Kelley Drye

Kemp Jones

Kennedys Law LLP

Keoghs LLP

King & Siegel

Kirkland & Ellis

Korein Tillery

Latham & Watkins

Levi & Korsinsky

Levi Snotherly

Lewis Silkin

Lieff Cabraser

Liskow & Lewis

Lowenstein Sandler

Lozeau Drury

Marino Tortorella

Maxwell Graham Law

Mayer Brown

McDermott Will & Schulte

McGuireWoods

McKool Smith

Michelman & Robinson

Milbank LLP

Morrison & Foerster

Nelson Mullins

Nixon Peabody

Norton Rose

O'Melveny & Myers

Oppenheim & Zebrak

Orrick Herrington

Paul Hastings

Pillsbury Winthrop

Pisanelli Bice

Proskauer Rose

Quarles & Brady

Quinn Emanuel

Reed Smith

Robbins Geller

Robinson Calcagnie

Ross LLP

Saul Ewing

Sharpe Pritchard

Sheppard Mullin

Shook Hardy

Shoosmiths LLP

Sidley Austin

Simons Muirhead Burton

Siri & Glimstad

Skadden Arps

Spratt Endicott

Squire Patton

Steptoe LLP

Stone King

Stradley Ronon

Stris & Maher

Stroock & Stroock

Susman Godfrey

Trethowans LLP

Venable LLP

Victor M. Glasberg & Associates

Waters Kraus

Williams & Connolly

WilmerHale

Winston & Strawn

Wisner Baum

Womble Bond

Zimmer Citron

gunnercooke LLP

COMPANIES IN TODAY'S NEWS

AB Electrolux

AT&T Inc.

AbbVie Inc.

Adeia Inc.

Advanced Micro Devices Inc.

Amazon.com Inc.

American Arbitration Association

American Bar Association

American Medical Association Inc.

Anthropic PBC

Apple Inc.

B.C. Strategy Ltd.

Balfour Beatty PLC

Binance Holdings Ltd.

Blickstein Group

Bloomingdale's Inc.

Bouygues

Brigham Young University

Burke Inc.

Cable News Network Inc.

Cars.com LLC

Cato Institute

Cisneros

Citigroup Inc.

City Attorney of San Francisco

Converse Inc.

Davies Group Ltd.

Dell Technologies Inc.

EchoStar Corp.

FTI Consulting Inc.

Food & Water Watch

Ford Foundation

Friedman LLP

Galliford Try

Garmin Ltd.

Gen Digital Inc.

Genmab A/S

Gleason Corp.

Google LLC

H. Lundbeck A S

HSBC Holdings PLC

HTC Corporation

Hasbro Inc.

ImmunoGen Inc.

Instacart

InterDigital Inc.

JUUL Labs Inc.

Johnson & Johnson

Krka dd Novo Mesto

Las Vegas Review-Journal Inc.

Lenovo Group Ltd.

Lex Machina Inc.

LinkedIn Corp.

LiveRamp

Meta Platforms Inc.

Michelin Group

Microsoft Corp.

Midea America Corp.

Monsanto Co.

NJOY Inc.

Nasdaq Inc.

National Institute for Trial Advocacy

Natural Resources Defense Council

New York State Bar Association

New York University

Otis Worldwide Corp.

Pacific Justice Institute

Papa John's International Inc.

Playtech PLC

Prime Time Toys LLC

Public Citizen Inc.

QUALCOMM Inc.

Reebok International Ltd.

Salesforce.com Inc.

Samsung Electronics Co. Ltd.

Solicitors Regulation Authority Ltd.

South Carolina Bar

Stantec Inc.

Starbucks Corp.

State Bar of California

Stem Inc.

Suncor Energy Inc.

Super Micro Computer Inc.

T-Mobile US Inc.

The Boeing Co.

The Cigna Group

The District of Columbia Bar

The Florida Bar

Vodafone Group PLC

Walmart Inc.

Whirlpool Corp.

Yale University

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Department of Justice

California Supreme Court

Colorado Judicial Branch

Colorado Supreme Court

Delaware Court of Chancery

Executive Office for Immigration Review

Federal Judicial Center

Federal Trade Commission

Financial Crimes Enforcement Network

Florida Supreme Court

Hopi Tribe

Internal Revenue Service

International Trade Commission

Los Angeles Superior Court

National Foundation on the Arts & Humanities

National Institutes of Health

National Science Foundation

New Jersey Attorney General's Office

New Jersey Division of Gaming Enforcement

New York State Senate

Pennsylvania Department of State

Port of Oakland

San Francisco International Airport

Social Security Administration

U.S. Air Force

U.S. Bankruptcy Court for the District of Delaware

U.S. Bankruptcy Court for the Northern District of California

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Defense

U.S. Department of Energy

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Transportation

U.S. Department of the Interior

U.S. Department of the Treasury

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the District of Minnesota

U.S. District Court for the Eastern District of Arkansas

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Pennsylvania

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. Government Accountability Office

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

UK High Court

UK Intellectual Property Office (IPO)

US Office of Management and Budget