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California
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April 02, 2024
Calif. IP Owners Can't Intervene In NY Case, Judge Says
A New York federal judge has refused to let copyright holders who have sued in California into litigation in the Empire State accusing OpenAI and Microsoft of copyright infringement.
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April 02, 2024
Black Farmers Say USDA Biased Against Minority Borrowers
The U.S. Department of Agriculture has continued its practice of discriminating against farmers of color by disproportionately denying or slow-walking loans and imposing unfair terms based on applicants' race, according to a proposed class action filed in Washington, D.C., federal court.
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April 02, 2024
9th Circ. Urged Not To Create Dormant Commerce Split On Pot
A Michigan resident and a California lawyer vying for one of Washington state's social equity cannabis licenses are urging the Ninth Circuit not to create a circuit split and to find that regulators' licensing scheme unconstitutionally discriminates against out-of-state players.
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April 02, 2024
Mattel Used Forfeited 401(k) Funds For Itself, Suit Says
Mattel unlawfully utilized former workers' forfeited 401(k) funds to cover its retirement plan contributions rather than offsetting millions of dollars in expenses paid by plan participants, according to a proposed class action filed in California federal court.
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April 02, 2024
Arena Group Shareholders Sue Former CEO In Delaware
Shareholders of the Arena Group — the digital publisher behind Sports Illustrated, TheStreet, Men's Journal and other brands — have sued the group's former CEO in Delaware's Court of Chancery, alleging wrongdoings ranging from fraud to gross negligence and demanding more than $10 million in compensatory damages.
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April 02, 2024
9th Circ. Urged To Keep Live Nation 401(k) Suit In Court
Ex-workers for Live Nation urged the Ninth Circuit on Tuesday to allow in-court proceedings for a suit alleging an employee 401(k) plan was mismanaged, arguing a lower court shouldn't have enforced an arbitration provision in retirement plan documents when individual plan participants did not consent.
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April 02, 2024
Calif. Bill Would Provide After-Hours 'Right To Disconnect'
A California state lawmaker has introduced a first-of-its-kind bill that would give workers the right to ignore emails, text messages and phone calls from their employers after they clock out.
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April 02, 2024
Fanatics Exec To Take Stand In DraftKings Noncompete Suit
A Boston federal judge said Tuesday she expects a former DraftKings executive to testify later this month in a hearing to sort out competing narratives and allegations of corporate espionage related to his abrupt departure to work for rival sportsbook Fanatics.
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April 02, 2024
Qualcomm Says 9th Circ. Panel Already Heard Chip Claims
Qualcomm is urging the Ninth Circuit to assign an appeal from phone and tablet buyers looking to revive allegations that the chipmaker uses anti-competitive licensing practices to the same panel that nixed a class certification ruling in the long-running case.
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April 02, 2024
Feds Seek Use Of 'Intertwined' Evidence In NC Tax Fraud Trial
Federal prosecutors have asked a North Carolina district court to permit tangential evidence in a tax fraud trial, saying that the evidence is "inextricably intertwined with the charged conduct" of two St. Louis attorneys and a North Carolina insurance agent.
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April 02, 2024
Mintz Taps Corporate Atty To Lead San Diego Office
Mintz Levin Cohn Ferris Glovsky and Popeo PC has tapped a longtime corporate attorney to be the new managing member of its San Diego office.
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April 02, 2024
Prosecutors Call Indicted Exec's Misconduct Claims 'Flawed'
Prosecutors have asked a California federal judge to reject a bid for sanctions by a former healthcare CEO indicted on novel insider trading charges, arguing that his claims related to a separate case are based on "flawed grounds."
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April 02, 2024
NFL Rips 'Unnecessary' Compel Motion In Sunday Ticket Spat
The NFL pushed back against the plaintiffs' efforts to revisit discovery documents in an antitrust class action over the league's Sunday Ticket broadcast package, arguing the motion to compel is a "manufactured and unnecessary dispute" over a discovery process that ended two years ago.
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April 02, 2024
Littler Adds Jackson Lewis Employment Pro In San Diego
Littler Mendelson PC has added a shareholder in its San Diego office from Jackson Lewis PC, bringing on an attorney who has more than a decade of experience representing employers in both state and federal matters.
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April 02, 2024
California Election Pros Join Rutan & Tucker
San Francisco-based election attorney Jim Sutton is dissolving his small firm and bringing several colleagues with him to Orange County-based Rutan & Tucker LLP, where he'll head the larger firm's first formal election law practice.
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April 02, 2024
X Can't Dodge Suit Alleging Musk Pushed Out Women
X Corp. must face a proposed class action claiming Elon Musk implemented policies meant to push out women when he took over the social network formerly known as Twitter, a California federal judge ruled, finding the ex-worker leading the suit provided enough details to move the suit forward.
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April 02, 2024
Amazon Trims, But Can't End Ex-Worker's Disability Bias Suit
A California federal judge partially denied Amazon's bid to escape a former worker's suit alleging he was pushed out because of a knee injury stemming from his military service, but threw out claims stemming from bias based on his veteran status, race and age.
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April 02, 2024
Silver Lake To Take Endeavor Group Private For $13B
Sports and entertainment company Endeavor Group Holdings Inc. said Tuesday it has agreed to be acquired by California-based private equity firm Silver Lake in a take-private deal with a $13 billion equity value.
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April 02, 2024
Sacramento Diocese's $500M Abuse Liability Prompts Ch. 11
The Roman Catholic Bishop of Sacramento has filed for Chapter 11 in California court to address historical childhood sexual abuse liability that could reach as high as $500 million, saying the hundreds of claims could sap all the debtor's assets unless it sought the protection of bankruptcy.
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April 01, 2024
Full 9th Circ. Won't Review OK Of $90M Facebook Data Deal
The Ninth Circuit on Monday declined objectors' request for the full appellate court to revisit a three-judge panel's decision to affirm a $90 million settlement that resolves allegations Facebook illegally tracked logged-out users' browsing activity, saying no judge voted to rehear the matter.
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April 01, 2024
Autonomy Paid Whistleblower $750K Over Firing, Jury Told
Autonomy's former U.S. chief financial officer testified Monday in the California criminal fraud trial of ex-CEO Michael Lynch that he was fired after blowing the whistle to British regulators about accounting irregularities, and revealed that Autonomy later paid him $750,000 to resolve his wrongful termination claims.
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April 01, 2024
Warner Bros. Directors Resign Amid DOJ Antitrust Concerns
A pair of Warner Bros. Discovery directors have resigned from the board of directors after the U.S. Department of Justice flagged potential antitrust concerns over them sitting on both the Warner Bros. board as well as the board of Charter Communications, the agency announced Monday.
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April 01, 2024
L'Oreal Wins Toss Of Trade Secret Suit Over Misconduct
A California federal judge tossed long-running trade secrets litigation against L'Oreal on Friday, saying that a hair coloring startup's misconduct in the case "casts doubt on the veracity and integrity of all evidence" and that axing the suit altogether is the "only appropriate sanction."
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April 01, 2024
Musk's X Corp. Helps Ex-Block Worker Fired Over Posts Sue
A former employee at Block Inc., which was founded by Twitter co-founder Jack Dorsey, alleges the company fired her in retaliation for two posts she made on X, formerly known as Twitter, according to a suit filed in Missouri state court with financial backing from Elon Musk's X Corp.
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April 01, 2024
Pharma Co. Beats Investor Suit Over Wrinkle Drug Approval
A California federal judge has dismissed a lawsuit from the investors of Revance Therapeutics Inc. accusing it and several executives of concealing quality control concerns that eventually led the U.S. Food and Drug Administration to deny the company a license for its wrinkle injectable, saying the defendants may not have known the approval timeline they presented was unattainable.
Expert Analysis
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New Regs Will Strengthen Voluntary Carbon Offset Market
Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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And Now A Word From The Panel: Tracking MDL Geography
In recent years, the Judicial Panel on Multidistrict Litigation has predominantly selected states east of the Mississippi River as venues for new MDLs — but with half of the proceedings it has created in recent months venued in Arizona and California, the panel is not neglecting the western part of the country, says Alan Rothman at Sidley.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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3 Evolving Issues Shaping The College Sports Legal Playbook
Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.
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Calif. Resource Adequacy Update May Revalue Power Projects
The California Public Utilities Commission's recently initiated proceeding to overhaul its resource adequacy framework — part of an effort to maintain the reliability of the state's power system while decarbonizing it — could have significant effects on the valuation of existing and future power generation resources, say Nicholas Gladd and Max Learner at Wilson Sonsini.
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Kochava Ruling May Hint At Next Privacy Class Action Wave
The Southern District of California's recent ruling in Greenley v. Kochava and increasing complaints alleging that a consumer website is an illegal “pen register” due to the use of third-party marketing software tools foreshadow a new theory of liability for plaintiffs in privacy litigation, say attorneys at Crowell & Moring.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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Deploying Analogies To Explore AI Copyright Questions
Xin Shao at F. Chau & Associates translates two representative artificial intelligence copyright cases into more traditional copyright law scenarios to facilitate the direct application of legal theories to undisputed technological facts.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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5 New Calif. Laws Employers Need To Know
Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.
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When Courts Engage In Fact-Finding At The Pleading Stage
It remains to be seen whether the Ninth Circuit's pleading-stage factual determination in a securities class action against Nvidia was sui generis or part of a trend, but the court has created a template for district courts to follow, says Jared Kopel at Alto Litigation.