California

  • September 10, 2024

    80 Hospitals Sue HHS Over 'Part C Days' Payment Rule

    Scores of hospitals in Texas, California, Ohio, and other states sued the U.S. Department of Health and Human Services on Monday in a District of Columbia federal court over denied appeals that had sought additional Medicare payments for inpatient services.

  • September 10, 2024

    Corp.'s Stock Transfer Lacked Business Purpose, OTA Affirms

    The California Office of Tax Appeals upheld the Franchise Tax Board's denial of a company's $10 million deduction for the transfer of stock to a settlement fund, saying the transaction lacked economic substance.

  • September 10, 2024

    42 AGs Back Call For Social Media Warning Label Law

    A bipartisan group of 42 attorneys general urged Congress on Tuesday to introduce warning labels on social media platforms in a bid to tackle risks posed to young people's mental health.

  • September 10, 2024

    Simpson Thacher Names Bi-Coastal Fund Finance Leaders

    Simpson Thacher & Bartlett LLP has tapped into both its East and West Coast offices to name the new leaders for its fund finance practice, according to a Tuesday announcement.

  • September 10, 2024

    Prime Hydration Beats Most Beverage PFAS Claims, For Now

    A California federal judge on Monday declined to end a putative class action accusing Prime Hydration of misleadingly marketing its Grape Sports Drink as healthy when it contains so-called "forever chemicals," although she tossed most of the lawsuit's claims with leave to amend.

  • September 10, 2024

    Calif. NLRB Judge OKs Union Vote At Social Services Org.

    Workers at a San Francisco-based social services nonprofit can proceed with their union representation election, a National Labor Relations Board official has ruled, rejecting the employer's bid to exclude some employees from the vote on the grounds that they exercise supervisory power.

  • September 10, 2024

    Womble Bond Eyes Growth, Not Layoffs, With New Tie-Up

    The merger between Womble Bond Dickinson and Lewis Roca Rothgerber Christie LLP is not about cutting costs because of mounting competition, the international law firm's U.S. boss told Law360 on Tuesday. It's about growth in the U.S., the U.K. — and beyond.

  • September 10, 2024

    Will Tom Girardi's Age Impact His Sentence?

    Disbarred attorney Tom Girardi's age and mental decline did not help him avoid conviction last month on charges that he stole millions in client funds, but it's an open question how much these factors will affect his sentencing, set for December.

  • September 10, 2024

    Ugg Maker Ends IP Boot Suit Against Costco

    Deckers Outdoor Corp. has dropped its suit in California federal court accusing Costco Wholesale Corp. of infringing a design patent and trade dress for Ugg "Classic Ultra Mini" boots with the retailer's Kirkland-branded footwear.

  • September 10, 2024

    Cybersecurity Co. Beats Suit Over Med Tech Data Breach

    A Massachusetts federal judge declined to hold information security technology company Barracuda Networks Inc. liable over a 2018 data breach that exposed the confidential information of more than 277,000 patients of medical device maker Zoll Medical Corp.

  • September 10, 2024

    Amazon Must Trim 'Halo' TM For EU Market

    Amazon Technologies could not convince the EU's intellectual property office to let it register trademarks for "halo" unscathed, with the office backing a Californian health technology company's bid to trim key protections for medical monitoring devices and health assessment services.

  • September 10, 2024

    McGuireWoods Adds Ex-Prosecutor, Former Fintech GC In SF

    McGuireWoods LLP continues to bolster its West Coast presence, announcing Tuesday that it has added a former federal prosecutor and the former general counsel for a fintech company as partners at its San Francisco office.

  • September 10, 2024

    The Medical-Style Legal Education Model On The Rise In Calif.

    A medical-school style model of legal education is expanding to a second California law school, giving law students the option of a year of hands-on training experience and a head start for post-graduation employment while providing much-needed support for nonprofits and government agencies.

  • September 10, 2024

    House Reps. Float Bill To Limit Patent Invalidations

    A bipartisan bill that would reset patent eligibility standards has been introduced in the U.S. House of Representatives, over a year after a similar Senate bill was put forward that drew opposition from much of the tech and retail industry.

  • September 10, 2024

    Free Speech Or Bad Medicine? The Abortion 'Reversal' Battle

    The marketing of abortion pill "reversal" — a treatment doubted by medical groups but touted by anti-abortion advocates — is facing increased scrutiny from state attorneys general, triggering legal skirmishes in at least four states centered on First Amendment rights and consumer protection laws.

  • September 10, 2024

    Phone Maker Vivo Joins Via LA's Audio Patent Licensing Pool

    Via Licensing Alliance said Tuesday it has inked a deal with Chinese smartphone maker Vivo to join its patent pool for standardized audio coding technology.

  • September 10, 2024

    GM Can't Arbitrate Claims Engines Were 'Engineered To Fail'

    General Motors LLC cannot arbitrate class claims that certain engines were "engineered to fail," an Ohio federal judge has ruled, citing recent Sixth Circuit guidance on when a party waives the right to resolve disputes out of court.

  • September 10, 2024

    Kennedys Opens New Offices In LA, Seattle Amid US Growth

    Kennedys Law LLP said Tuesday it has opened new offices in Los Angeles and Seattle as the firm looks to build on its accelerating U.S. growth.

  • September 10, 2024

    Brookfield Pledges Over $1B To Ultra-Low Carbon E-Fuels Co.

    Brookfield will pump up to $1.05 billion into Infinium and its electrofuels platform, in what the asset management giant said Tuesday is its first direct sustainable aviation fuels investment.

  • September 10, 2024

    Womble Bond Dickinson To Merge With Lewis Roca

    Womble Bond Dickinson said Tuesday that its U.S. business is merging with regional law firm Lewis Roca Rothgerber Christie LLP at the start of the new year, the third law firm merger to be announced in the last week.

  • September 09, 2024

    Calif. State Senator's Ex-Staffer Sues For Sexual Harassment

    California State Sen. Marie Alvarado-Gil created a toxic work environment for her former chief of staff, demanding he perform sex acts to prove his loyalty and firing him for objecting to her "sexualized abuse of power," the former staffer alleged in a new complaint filed in Sacramento Superior Court.

  • September 09, 2024

    Exec Denied New Trial In 'Shadow Trading' Case, Fined $321K

    A California federal judge on Monday denied a new trial request from an ex-Medivation Inc. executive found to have used the pharmaceutical company's inside information when he bought a rival's stock, and also ordered him to pay a $321,000 penalty in the U.S. Securities and Exchange Commission's "shadow trading" case.

  • September 09, 2024

    Yodlee Privacy Class Cert. Bid Faces Uphill Climb

    A California federal judge on Monday said she is "inclined" to find that three consumers claiming Yodlee Inc. unlawfully collected their banking data did not have standing to pursue claims or represent proposed classes alleging their transaction information was sold, even though the idea of the stored data is "creepy."

  • September 09, 2024

    Fed. Circ. Undoes Alice Ax Of Camera Patents In GoPro Case

    The Federal Circuit on Monday reversed a decision invalidating two video camera patents that GoPro Inc. is accused of infringing, ruling that the patents cover technological improvements, and not only an abstract idea, as a California federal judge had ruled.

  • September 09, 2024

    SpaceX Urges Arbitration Of Sex Harassment Suit

    Attorneys for SpaceX urged a California state court judge Monday to rethink a tentative ruling that declined to send a sexual harassment claim by an employee to arbitration but found 10 other claims are arbitrable, arguing the harassment claim predates a statute requiring that it be adjudicated in court. 

Expert Analysis

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • What FTX Case Taught Us About Digital Asset Recoverability

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    FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Synapse Bankruptcy Has Ripple Effects For Fintech Industry

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    Synapse Financial Technologies’ recent bankruptcy filing marks a significant moment in the fintech industry's evolution, highlighting that stringent compliance and risk management in fintech partnerships are essential to mitigate risk and protect consumers, say Joann Needleman and Ryan Blumberg at Clark Hill.

  • California Adds A Novel Twist To State Suits Against Big Oil

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    California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • Tricky Venue Issues Persist In Fortenberry Prosecution Redo

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    Former Rep. Jeff Fortenberry was recently indicted for a second time after the Ninth Circuit tossed his previous conviction for improper venue, but the case, now pending in the District of Columbia, continues to illustrate the complexities of proper venue in "false statement scheme" prosecutions, says Kevin Coleman at Covington.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Opinion

    'Trump Too Small' Ruling Overlooks TM Registration Issues

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    The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • 6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth

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    Following the U.S. Department of Justice’s first-ever criminal prosecution over telehealth-prescribed controlled substances in U.S. v. Ruthia He, healthcare providers should be mindful of the risks associated with restricting the physician-patient relationship when crafting new business models, says Jonathan Porter at Husch Blackwell.

  • Navigating The New Rise Of Greenwashing Litigation

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    As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.

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