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California
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April 18, 2024
Dunn Can't Nix Fiduciary Breach Charge As Ethics Trial Wraps
A California state bar judge denied Joseph Dunn's bid at the close of his disciplinary trial Thursday to toss a fiduciary breach charge, rejecting the former state bar executive director's argument that no evidence had been introduced to support the allegation.
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April 18, 2024
NFL Can't Call Sunday Ticket Package A 'Luxury' At Trial
The NFL cannot describe its Sunday Ticket broadcast package as a "luxury" in an upcoming trial over class action antitrust claims that the television bundle is anti-competitive, a California federal judge has ruled.
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April 18, 2024
Doximity Faces Investor Suit Over Slashed Revenue Hopes
Medical professional networking service Doximity Inc., likened to "LinkedIn for doctors," and two of its executives are facing a proposed class action alleging it hurt investors by concealing slowing sales.
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April 18, 2024
OCC Fines Sterling Bank's Ex-CEO And SF Giants Owner
The Office of the Comptroller of the Currency said Thursday that it has issued more fines over a fraud-plagued loan program at Sterling Bank and Trust FSB, ordering a total of $700,000 in penalties for the bank's former CEO and its founder, who is also an owner of the San Francisco Giants.
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April 18, 2024
AGs, Google Defend $700M Play Store Deal Ripped By Judge
A group of state attorneys general and Google defended the proposed $700 million settlement both sides brokered in the states' antitrust suit against the company in December, telling a San Francisco federal judge that the deal is consistent with Ninth Circuit precedent and releases only a limited set of claims against Google for a seven-year period.
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April 18, 2024
Oakland Airport Name Change Will Create A Mess, SF Says
Oakland, California, wants to change its airport's name to San Francisco Bay Oakland International Airport, but the city of San Francisco said in a California federal lawsuit Thursday that the name would not only befuddle travelers but also unlawfully incorporate San Francisco International Airport's name.
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April 18, 2024
Coffee Bean Hit With ADA Suit Over Costly Milk Alternatives
The Coffee Bean & Tea Leaf customers hit the coffee chain with a proposed class action Wednesday in California federal court, alleging it discriminates against people with lactose intolerance by requiring consumers to pay a surcharge for dairy-free alternatives.
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April 18, 2024
23andMe Taps Dechert To Review CEO Buyout Proposal
A special committee of genetic testing company 23andMe has engaged Dechert LLP as its legal adviser and Wells Fargo as its financial adviser as it looks to review an anticipated buyout offer from its co-founder and CEO Anne Wojcicki, according to a statement Thursday.
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April 18, 2024
No Redo For Insurers In COVID-19 Coverage Row, Tribe Says
The Ninth Circuit should stand by its decision ordering an AIG unit and other insurers to litigate the Suquamish Tribe's COVID-19 business interruption claims in tribal court, the tribe told the appeals court, saying the insurers' request for a do-over distorts the panel's decision and controlling law.
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April 18, 2024
9th Circ. Affirms Rosette's Win In Tribe Representation Fight
The Ninth Circuit has backed a federal district court ruling that found Rosette LLP is not responsible for using allegedly false advertising to induce the Quechan Tribe to drop Williams & Cochrane LLP as counsel on the verge of closing a lucrative gambling contract.
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April 18, 2024
NCAA Reforms Division I Transfer Rule, Upgrades NIL Policy
The NCAA Division I Council voted unanimously to allow certain transferring student-athletes to be immediately eligible to play on the teams of their new schools, following a multistate antitrust lawsuit challenging current restrictions.
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April 18, 2024
Amazon Strikes Deal, Staves Off Trial In Disability Bias Suit
Amazon reached a deal to end a suit from an ex-employee who accused the e-commerce giant of pushing him out because of a knee injury stemming from his military service, ahead of a trial slated to begin in May, according to a filing in California federal court.
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April 18, 2024
Shook Hardy Lands Bicoastal Trial Team From Carlton Fields
Shook Hardy & Bacon LLP announced Thursday that it has brought on a highly experienced, four-attorney complex litigation team from Carlton Fields that is based in Los Angeles, Miami and Atlanta.
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April 18, 2024
Deals Rumor Mill: Tapestry-Capri, StubHub IPO, Salesforce
The FTC is preparing to sue to block Tapestry's $8.5 billion takeover of designer brands' owner Capri, StubHub is eyeing a summer IPO at an estimated $16.5 billion valuation, and Salesforce is making a play to acquire data-management software firm Informatica. Here, Law360 breaks down these and other notable deal rumors from the past week.
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April 18, 2024
AGBA, Triller Combine To Form $4B Digital Content Co.
Asia-based financial services company AGBA Group Holding and artificial intelligence-driven social video platform Triller Corp. on Thursday announced plans to merge in a deal that would create a combined entity valued at roughly $4 billion on a pro forma basis and will establish "new benchmarks" at the intersection of technology, finance and media.
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April 17, 2024
No Sanctions For Wordy Footnotes In Google Maps Case
A California federal judge will not sanction attorneys representing Google Maps customers in an antitrust action for their "numerous and excessively long footnotes" after the lawyers on Wednesday explained it wasn't a tactic for avoiding page limits and promised not to do it again.
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April 17, 2024
'It Has To End': Justices Mull Finality In 32-Year Murder Saga
In its second review of drug-fueled, baseball bat killings during the presidency of George H.W. Bush, the U.S. Supreme Court on Wednesday pondered steering an Arizona man's capital punishment challenge toward conclusion, perhaps by handling evidentiary tasks normally left to lower courts.
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April 17, 2024
UC Berkeley Law Dean Vouches For Dunn At Disciplinary Trial
University of California, Berkeley School of Law Dean Erwin Chemerinsky testified as a character witness Wednesday in attorney Joseph Dunn's disciplinary trial, saying he holds the ousted California State Bar executive director in the highest regard, and his opinion is unlikely to change whatever the trial's outcome.
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April 17, 2024
NLRB Judge Told Of College Hoopsters' Hotel Curfew Guard
A Stanford University runner testified on Wednesday for the National Labor Relations Board that some student-athletes should be considered employees due to the control programs exert over them, and that a time he encountered a hotel curfew guard for a Division I basketball team highlights how tight that control can be.
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April 17, 2024
'I Am Mad': Client Regrets Trusting Atty Accused Of Tax Fraud
Emotions ran high Wednesday in a North Carolina federal courtroom as former clients unwittingly roped into an alleged tax fraud scheme took the stand, one of whom was openly exasperated at learning he'd been misled by the two attorneys and an insurance agent who are on trial.
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April 17, 2024
Mintz Sues Parking Meter Co. Over $4.3M IP Legal Bill
Mintz Levin Cohn Ferris Glovsky and Popeo PC sued parking meter provider Duncan Parking Technologies Inc. and its parent company, CivicSmart Inc., in Massachusetts federal court Tuesday, accusing its former clients of owing $4.3 million in unpaid legal fees and interest for representing CivicSmart in a since-settled patent litigation.
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April 17, 2024
PG&E Sued For $225 Million Dixie Fire Forest Damage
Owners of the Collins Almanor Forest in Northern California have slapped PG&E with a complaint alleging that they incurred more than $225 million in damage after the Dixie Fire ripped through approximately 55,000 acres of their forest lands in July 2021.
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April 17, 2024
Don't Ignore Problematic Merger Docs, FTC Comp Chief Says
The Federal Trade Commission's top antitrust enforcer urged merging parties Wednesday to be fully open and transparent with reviewing staffers, warning that trying to get enforcers to ignore potentially problematic material just makes their jobs more difficult.
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April 17, 2024
Tinder, Hinge Seek Arb. In 'Preposterous' Addictive Apps Suit
Allegations that the Tinder and Hinge dating apps are addictive and lead to compulsive use are "preposterous," Match Group told a California federal judge, arguing that not only are the claims baseless, but the consumers bringing them all signed arbitration agreements when they signed up for accounts.
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April 17, 2024
How Pro Leagues Are Grappling With Sports Betting Blues
The NBA on Wednesday banned Toronto Raptors forward Jontay Porter for life for violating its gambling rules, making it the latest professional sports league to face betting-related problems in wake of the U.S. Supreme Court's 2018 decision striking down a federal law prohibiting states from legalizing sports betting. Here, Law360 looks at the recent sports betting issues, infractions and penalties that professional leagues have had to handle.
Expert Analysis
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Calif. High Court Ruling Outlines Limits On PAGA Actions
While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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5 Legal Considerations For Psychedelic Therapy Sector
With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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The Section 230 Immunity Provision Debate Continues
The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.
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Bracing For Calif.'s New Health Transaction Framework
As California's new cost and market impact review regulations' April 1 date for its updated notice and review process approaches, healthcare entities should ready themselves for dramatic changes to the state's regulatory landscape and prepare for potentially substantial transaction delays, say Jordan Grushkin and Matthew Goldman at Sheppard Mullin.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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What To Keep Tabs On In The NIL Arena This Year
The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.
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Patent Prosecution Carries Consequences For Later Litigation
The Federal Circuit's recent Mylan v. Actelon holding, along with three other 2023 decisions, underscores the continued need for patent prosecutors to make note of potential claim construction issues that may arise in subsequent litigation, says Steven Wood at Hunton.
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5 Trade Secret Developments To Follow In 2024
Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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3 Key Class Action Trends To Use As Guidance In 2024
Telephone Consumer Protection Act, privacy and false advertising class actions saw significant shifts last year — including a trend toward expanding the application of preexisting laws to current technologies — that businesses should keep in mind to navigate the class action landscape in 2024, say attorneys at Mintz.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.