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California
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May 20, 2024
Immigrant Groups Claim CBP's Open-Air Sites Violate Order
Immigrant advocacy groups told a California federal judge Friday that U.S. Customs and Border Protection is continuing to hold immigrant children and their parents at open-air detention sites overnight along the U.S.-Mexico border, despite the court's April ruling that the outdoor sites are unsafe and unhygienic.
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May 20, 2024
Insider Trader Settles With SEC Over Friend's ADI Tip
A Massachusetts accountant who admitted to trading on inside information about Analog Devices Inc.'s plans to buy a California semiconductor company has settled related civil charges lodged by the U.S. Securities and Exchange Commission, according to a Monday filing in federal court.
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May 20, 2024
Calif. Atty Denies Role In Flint Water PR Stunt
A California attorney representing a public relations firm told a Michigan federal judge on Monday that she had nothing to do with the firm's campaign attacking a lawyer suing one of its clients connected to the Flint water crisis.
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May 20, 2024
Patients Urge 9th Circ. To Deny UBH Petition In Claim Fight
Patients alleging United Behavioral Health mismanaged their mental health and substance use disorder treatment claims urged the Ninth Circuit not to grant the insurance company's petition for appellate court intervention in the consolidated action, arguing the effort was inappropriate and unjustified.
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May 20, 2024
Catching Up With Delaware's Chancery Court
Delaware was full of drama last week, as proposed changes to the state's corporate law statutes raised eyebrows and a professor's friend-of-the-court brief sparked a very unfriendly public exchange. Delaware's court of equity banged the gavel on pipeline and social media disputes, and shareholders filed new suits alleging insider trading, vote bungling, unfair stock buybacks and merger shenanigans. In case you missed any of it, here's the recap of all the top news last week from Delaware's Chancery Court.
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May 20, 2024
Goodwin Adds Sidley Startup, Climate Tech Ace In Calif.
Goodwin Procter LLP is expanding its technology team, announcing Monday it is bringing in a Sidley Austin LLP startup and climate tech specialist as a partner in its Silicon Valley office.
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May 20, 2024
Snell & Wilmer Lands Hahn Loeser Employment Pro In Calif.
Snell & Wilmer LLP has added a Hahn Loeser & Parks LLP partner in San Diego, strengthening its labor and employment practice.
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May 20, 2024
Girardi Wants To Probe Jurors' 'Real Housewives' Exposure
Public defenders for Tom Girardi want to ask prospective jurors in his upcoming fraud trial whether they have seen his wife's reality television show and news reporting about his law firm's massive scandal, according to a recent motion in Los Angeles federal court.
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May 20, 2024
Feds Fight Proposed Delay In Hunter Biden's Tax Trial
Hunter Biden shouldn't be allowed to delay his criminal tax trial in California just because his lead attorney says the dates run up against Biden's upcoming trial in Delaware on firearms charges, the special counsel's office told a federal court.
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May 20, 2024
High Court Skips Fight Over 'Impossible' TM Name
The U.S. Supreme Court on Monday declined a cert petition from Illinois-based marketing consulting firm Impossible X LLC, which had asked the justices to review a Ninth Circuit ruling that revived a trademark complaint against it from veggie-burger maker Impossible Foods Inc.
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May 20, 2024
Justices Reject Seirus Challenge To Design Patent Test
The U.S. Supreme Court on Monday refused to review a Federal Circuit ruling that revived Columbia Sportswear's design patent suit against Seirus Innovative Accessories Inc., which Seirus said created an "illogical, unworkable test" for design patent cases.
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May 17, 2024
Real Estate Authority: Loan Doctors, CFIUS, Mixed-Use Boom
Catch up on the week's key developments by state from Law360 Real Estate Authority — including potential conflicts of interest in special servicing, a data center buy stymied by the Committee on Foreign Investment in the United States, and one hospitality pro's prediction for more mixed-use residential and hotel demand.
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May 17, 2024
Feds Say Duo Ran $73M 'Pig Butchering' Laundering Scheme
Two Chinese citizens have been arrested on charges of being kingpins in a money laundering operation that processed more than $73 million of funds that were stolen in so-called pig butchering cryptocurrency schemes.
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May 17, 2024
Calif. OKs Rule For Judges To Work Remotely In Civil Cases
California's Judicial Council on Friday approved a new rule of court to allow judges to preside remotely under limited circumstances over civil proceedings from a location other than a courtroom.
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May 17, 2024
Apple OK'd New App Fees Despite Antitrust Ruling
An Apple Inc. executive conceded during a high-stakes antitrust hearing Friday over Apple's compliance with a court-ordered ban on App Store anti-steering rules that executives decided to implement a new 27% fee on out-of-app transactions despite knowing a jury had recently found that similar Google fees violated antitrust laws.
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May 17, 2024
UC Says Union Trying To Illegally Strike Amid Campus Protest
The University of California system is accusing the union that represents its graduate student workers of calling for an illegal strike over the university system's pushback to pro-Palestine campus protests, filing an unfair labor practice charge Friday.
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May 17, 2024
Judge Doubts 9th Circ. Ruling Upends VC's Fraud Conviction
A California federal judge appeared skeptical Friday of convicted self-described "millennial" venture capitalist Michael Rothenberg's renewed request for a new trial or acquittal in light of a recent Ninth Circuit decision clarifying "materiality" in the federal criminal fraud statutes, doubting that Rothenberg was prejudiced by jury instructions addressing materiality.
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May 17, 2024
Calif.'s Top Judge Launches Task Force To Probe AI Uses
California Supreme Court Chief Justice Patricia Guerrero has created a new task force to look into how generative artificial intelligence could benefit the court system and its users, while also evaluating its potential risks, the court announced Friday.
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May 17, 2024
Bong Co. Can't Get Early Win In TM Suit Over No-Show Opponent
The maker of Stündenglass-branded glass infusers was denied a win over a retailer that didn't bother to put up a defense against its trademark infringement suit, after a California federal judge accepted a magistrate's report that the litigious manufacturer still couldn't back up its claims.
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May 17, 2024
Co-Lead Counsel Named In Baby Food Toxins MDL
A California federal judge has tapped attorneys from Wisner Baum LLP and the Wagstaff Law Firm PC to lead multidistrict litigation alleging products from baby food manufacturers and distributors, including Walmart Inc. and Gerber Products Co., contain toxic metals and caused children to develop autism spectrum disorder and other conditions.
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May 17, 2024
Tech Co. Can Force Solo Arbitration In 401(k) Forfeiture Suit
A former Tetra Tech Inc. employee must individually arbitrate her suit alleging the company misused forfeited 401(k) contributions, a California federal judge said Friday, ruling federal benefits law doesn't override the arbitration agreement's bar on planwide reimbursement.
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May 17, 2024
Zero Duty Doesn't Address Exporter's Benefits, Calif. Biz Says
A juice wholesaler's attorney argued Friday that the U.S. Department of Commerce ignored the relationship between a Brazilian lemon juice exporter and its supplier, while calling for higher duties to account for benefits the Brazilian company may have received.
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May 17, 2024
Feds Seek 10 Years In First Product Safety Conviction
The government is asking for a pair of 10-year prison sentences for two Gree USA Inc. executives convicted of failing to report defective humidifiers, after the two were found guilty of conspiracy to defraud the U.S. Consumer Product Safety Commission.
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May 17, 2024
Inside The New Legal Push To End Calif.'s Death Penalty
In a first-of-its-kind case in the Golden State, the California Supreme Court is being asked to permanently dismantle the nation’s most populous death row on grounds that capital punishment has been administered in a racially discriminatory manner that disproportionately harms people of color.
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May 17, 2024
'Wolfman' Blasts Paramount's Bid To Toss 'Top Gun' IP Suit
The actor who played Henry "Wolfman" Ruth in the original "Top Gun" movie has urged a California federal court not to dismiss his right-of-publicity complaint against Paramount Pictures for using his image in the 2022 blockbuster sequel, saying the film studio is incorrect to argue the First Amendment shields it from the suit.
Expert Analysis
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Navigating New Regulations In Healthcare And Other M&A
While notice requirements recently enacted in several states are focused on the healthcare industry for now, this trend could extend to other industries as these requirements are designed to allow regulators to be a step ahead and learn more about a transaction long before it occurs, say Kathleen Premo and Ashley Creech at Epstein Becker.
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The Corporate Disclosure Tug-Of-War's Free Speech Issues
The continuing conflict over corporate disclosure requirements — highlighted by a lawsuit against Missouri's anti-ESG rules — has important implications not just for investors and regulated entities but also for broader questions about the scope of the First Amendment, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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What Brands Must Know For Calif. Recycle Label Compliance
A brand that stamps nonrecyclable packaging with the chasing arrows symbol could face liability under California's new law on labeling recyclable material, so brand owners should keep an eye on the state's pending survey process to identify which materials meet the criteria before requirements go into effect, say attorneys at ArentFox Schiff.
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What New Calif. Strike Force Means For White Collar Crimes
The recently announced Central District of California strike force targeting complex corporate and securities fraud — following the Northern District of California's model — combines experienced prosecutorial leadership and partnerships with federal agencies like the IRS and FBI, and could result in an uptick in the number of cases and speed of proceedings, say attorneys at MoFo.
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FTC AI Inquiry Signals Intensified Focus On Emerging Tech
The Federal Trade Commission's recent inquiry into investments and partnerships between Big Tech companies and artificial intelligence startups appears to be directed at guiding future enforcement decisions in competition, privacy and consumer protection — and three principles discussed at a related tech summit give insight on the agency's approach, say attorneys at Skadden.
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Preparing For A New Wave Of Litigation Under Silicosis Rules
After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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A Key Tool For Calif. Policyholders With Nonadmitted Insurers
As insurers increasingly flee California and residents of the Golden State are forced to insure their properties with nonadmitted insurers, it is crucial to understand the Unauthorized Insurers Process Act, a critical but underutilized tool for policyholders, say Keith Meyer and Kya Coletta at Reed Smith.
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Opinion
Gilead Ruling Signals That Innovating Can Lead To Liability
A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.
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Vagueness In Calif. Climate Law Makes Compliance Tricky
California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.
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Grant Compliance Takeaways From Ga. Tech's FCA Settlement
Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Potential Defendant Strategies Amid Calif. Privacy Questions
Although the current case law surrounding the California Consumer Privacy Act is in its infancy, courts have begun addressing important issues related to the notice-and-cure provisions of the statute, and these decisions show defendant-businesses would be wise to assert their notice rights early and repeatedly, say Viola Trebicka and Dan Humphrey at Quinn Emanuel.
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Deferral Pointers For Employers After $700M Ohtani Deal
Darren Goodman and Christine Osvald-Mruz at Lowenstein Sandler examine the legal consequences of Shohei Ohtani's $700 million, 10-year contract with the Los Angeles Dodgers — a high-profile example of nonqualified deferred compensation — and offer lessons for employers of all sizes interested in similar deals.
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High Court Case Could Reshape Local Development Fees
If last month's oral arguments are any indication of how the U.S. Supreme Court will rule in Sheetz v. County of El Dorado, it's unlikely the justices will hold that the essential nexus and rough proportionality tests under the cases of Nollan, Dolan and Koontz apply to legislative exactions, but a sweeping decision would still be the natural progression in the line of cases giving property owners takings claims, says Phillip Babich at Reed Smith.