California

  • November 25, 2020

    Facebook, Twitter Sued Over IP Used To Quash COVID-19 Lies

    Many of the core functions of Facebook, Twitter and Snapchat, like targeted advertising, notifications and even tools used for flagging fake COVID-19 news, are infringing patents owned by a Xerox subsidiary, the company said Wednesday in three suits filed in California federal court.

  • November 25, 2020

    Amazon Nears Win In EBay Fight Over Poaching Top Sellers

    An arbitration panel has awarded Amazon.com a win against eBay's claims the Seattle-based online retail giant and its managers orchestrated a massive campaign to poach top sellers from eBay's online trading platform, according to documents filed in California federal court.

  • November 25, 2020

    Calif. Judge DQ'd From Atty Fees Fight In Water Plan Dispute

    A California appeals court Tuesday ruled that a lower court judge should be disqualified from hearing a dispute over attorney fees after the Imperial Irrigation District fended off a challenge to its water distribution plan, ruling the district had the right to request a new judge after its initial loss in the case was overturned on appeal.

  • November 25, 2020

    Calif. Judge Revives Succession Claim In Public Charge Suit

    A California federal judge revived health clinics' claims that the Trump administration's immigration wealth test is invalid because the policy was issued by an improperly appointed official, saying Wednesday that a "factual conflict" has emerged since she tossed those claims.

  • November 25, 2020

    Up Next At High Court: Census Fight, Child Slavery Claims

    Kicking off its final oral arguments of the year, the U.S. Supreme Court on Monday will hear the Trump administration's efforts to exclude unauthorized immigrants from the population count and a bid by Nestlé and Cargill to escape liability for alleged child slavery.

  • November 25, 2020

    End Of An Era As Calif.'s Pot Czar Leaves Post

    Lori Ajax, the first cannabis czar of California, is expected to resign Dec. 2 after more than four years as head of the Bureau of Cannabis Control, a momentous period for the industry as the most populous state transitioned from a medical cooperative model to an adult-use regime amid a nationwide shift in public opinion toward legalization.

  • November 25, 2020

    Toyota Gets Faulty Highlander Drive Shaft Suit Axed For Now

    A California federal judge has dismissed a proposed nationwide consumer class action accusing Toyota Motor Corp. of creating Highlander model SUVs with defective drive shafts and knowingly concealing the issue, but gave the proposed class a chance to amend its complaint.

  • November 25, 2020

    SmileDirect Tries To Save Calif. Dental Board Suit At 9th Circ.

    SmileDirectClub has told the Ninth Circuit that a California federal court was wrong to find that what the company calls a harassment campaign by the state's dental board was instead a proper exercise of its regulatory authority.

  • November 25, 2020

    Microsoft Unit Targeted In Food Delivery App Fight Doc Bid

    A Microsoft unit that provides hosting for software development is being targeted by a Luxembourg company for information to help it fend off arbitration initiated by the founder of Hungerstation, Saudi Arabia's largest food delivery app, over control of the company.

  • November 25, 2020

    UnitedHealth Fights 'Game-Changer' ERISA Class Action Loss

    United Behavioral Health is fighting a first-of-its-kind court order to reprocess 67,000 claims after a judge nixed the insurer's guidelines for covering behavioral health treatment, in a case that has huge implications for the future of Employee Retirement Income Security Act class actions over treatment denials.

  • November 25, 2020

    Calif. Walgreens Workers Bag $4.5M Wage Deal

    Walgreens and a class of workers have received a California federal judge's approval for their $4.5 million settlement to resolve claims that the pharmacy chain broke Golden State labor law by not paying all wages to employees at its distribution centers.

  • November 25, 2020

    Facebook's $650M Biometric Privacy Deal Draws 1.5M Users

    More than 1.5 million Illinois Facebook users are seeking to claim a share of a proposed $650 million deal to resolve biometric privacy claims brought against the social media company in California federal court, according to a Wednesday filing by counsel for the parties, who had previously said that roughly 6 million consumers were eligible to participate in the settlement.

  • November 25, 2020

    Apple Says Skin Tones Used In Emojis Can't Be IP

    Apple Inc. is urging a Texas federal judge to kill a copyright infringement lawsuit over its emojis with diverse skin tones, contending the company suing it can't claim rights to "naturally occurring" human characteristics like skin color.

  • November 25, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Ahead of the long weekend, when Americans are most known for gathering and traveling, Thanksgiving-minded governors laid down more restrictions as COVID-19 cases continued surging over the past week.

  • November 25, 2020

    Baker Botts Nabs Jenner & Block ERISA Vet In San Fran

    Baker Botts LLP has picked up its first West Coast-based Employee Retirement Income Security Act expert, adding a veteran ERISA litigator from Jenner & Block LLP to its ranks in San Francisco.

  • November 25, 2020

    Time's Run Out On Knock-Off Clocks, TM Suit Says

    An Australian company that markets a line of educational clocks called Owlconic says it has no time for knockoffs from a New York teacher supply business that are allegedly being sold on Amazon.

  • November 25, 2020

    MoFo Pans 'Self-Righteous Say-So' In Maternity Bias Case

    Morrison & Foerster LLP has fired off a final effort to shut down allegations that the firm discriminates against mothers before the claims wind up before a jury, insisting that the two accusers remaining in the litigation ignore the facts and rely on "self-righteous say-so."

  • November 25, 2020

    Suit Says 'Infant' Fever Drugs Are Same As 'Children' Drugs

    Parents who bought infant fever medication made by Prestige Consumer Healthcare Inc. are suing the company in California federal court, alleging in a proposed class action that the drugs are the same dosage and formula as the medication labeled for children, but at nearly double the price.

  • November 25, 2020

    Calif. Airport, City Tangled In Service Monopoly Lawsuit

    A Los Angeles man and a partnership created to purchase property at a Southern California airport filed a lawsuit Tuesday against two companies that act as fixed-base operators, claiming they have monopoly control over services and operations rendered at the airport.

  • November 25, 2020

    Cannabis Developer To Pay SEC $192K Penalty In Fraud Suit

    A California federal judge ordered a businessman to pay over $192,000 to settle U.S. Securities and Exchange Commission claims that he was involved in a scheme that bilked more than 400 investors out of $25.5 million to ostensibly finance two marijuana-related businesses.

  • November 25, 2020

    Smithfield Unit Accused Of Polluting Los Angeles River

    A California man claims stormwater runoff from Smithfield Foods' hog and meat processing plants in Los Angeles County is degrading a river's aquatic life and scenic views from a downstream park, in violation of environmental laws.

  • November 25, 2020

    4 Key Insurance Appeals To Watch In December

    Appeals courts will take on several important insurance coverage issues in 2020's final month, with the Delaware Supreme Court set to weigh whether an excess insurer must contribute to Dole's $222 million settlements of stockholder suits and Indiana's high court primed to consider whether a ransomware attack is covered by crime insurance. Here, Law360 breaks down four insurance appeals attorneys will be watching in December.

  • November 24, 2020

    Calif. Inmates Have Claimed $1B In Jobless Benefits, DAs Say

    Tens of thousands of inmates in California's jails and prisons have fraudulently claimed more than $1 billion in unemployment claims during the COVID-19 pandemic, a massive scheme that a coalition of district attorneys on Tuesday said may be the biggest fraud of taxpayer dollars in Golden State history.

  • November 24, 2020

    Restaurant Group Can't Halt LA County Outdoor Dining Ban

    A California state judge on Tuesday rejected a restaurant industry group's emergency bid to stop an outdoor dining ban from taking effect in Los Angeles County, ruling that not enough evidence was presented to halt the impending shutdown.

  • November 24, 2020

    San Bernardino Settles Retaliatory Prosecution Suit For $65M

    The California county of San Bernardino will pay Colonies Partners LP $65 million to end the development firm's federal court suit accusing the county of the retaliatory investigation and malicious prosecution of a co-managing partner at the firm, the parties announced Tuesday.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • When It Comes To SEPs, Act Locally But Enforce Globally

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    Because recent standard-essential patent decisions in the U.S., the U.K., China and Germany may signal a trend toward a greater international influence on global royalty rates by individual national jurisdictions, potential licensors and licensees may need to adjust their enforcement strategies, says Mauricio Uribe at Knobbe Martens.

  • UnitedHealth ERISA Ruling Exposes Faults In Health Coverage

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    Perhaps one of the most significant health insurance decisions ever, a California federal court’s recent ruling that Employee Retirement Income Security Act violations require a UnitedHealth subsidiary to reconsider 50,000 denied mental health treatment claims reveals how insurers' decisions sometimes disregard generally accepted care standards, says Mark DeBofsky at DeBofsky Sherman.

  • Carbon Capture Policy Should Be Aligned For Global Adoption

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    With support from both Republicans and Democrats, carbon capture, utilization and storage technology as a tool for decarbonization may be poised for domestic growth — but the U.S. and the European Union must coordinate their policies to promote a global approach, say Hunter Johnston and Jeff Weiss at Steptoe & Johnson.

  • Surveying Drug Pricing Reform: The Latest State Activity

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    Attorneys at Ropes & Gray explore four types of high-impact drug pricing initiatives at the state level — pricing transparency, pharmacy benefit manager controls, drug importation and value-based arrangements — examining how the current wave of reforms may affect drug companies' business operations.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • NY Auto-Renewal Law Raises Compliance, Litigation Concerns

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    A new law in New York that requires businesses to obtain consumer consent for automatic contract renewals could warrant extensive revisions to existing terms and conditions, and courts could eventually create a private right of action if they follow California’s trend of permitting individuals to sue under separate statutes, say attorneys at Faegre Drinker.

  • Where Data Privacy And CFPB Are Headed Under Biden

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    Data privacy is likely to be a key area of legislative and enforcement focus for President-elect Joe Biden, and consumer financial protection is expected to be an immediate priority due to the economic impact of the pandemic, with the most drastic shift likely to occur at the Consumer Financial Protection Bureau, say attorneys at Gibson Dunn.

  • How Federal, State Plans Could Bring Carbon Capture To US

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    Proposals from President-elect Joe Biden, a pair of bills currently pending in Congress and a low-carbon fuels program in California provide insights into how carbon capture, utilization and storage technology could be integrated into the fight against climate change in the U.S., say Hunter Johnston and Jeff Weiss at Steptoe.

  • DOJ's Visa-Plaid Challenge Shows Email Can Imperil A Deal

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    The U.S. Department of Justice used a trove of internal Visa email and other communications to show how the $5.3 billion Plaid merger might limit competition — providing a cautionary tale of how internal documents can endanger a transaction that shows few antitrust concerns on the surface, says Tammy Zhu at Medallia.

  • A Forgotten But Effective Tool Against Opioid Scams

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    With the pandemic contributing to rising rates of opioid and substance use disorders, prosecutors should consider the regrettably underused Eliminating Kickbacks in Recovery Act as a tool for targeting and shutting down body brokers and others in the treatment industry that place profits above patients, say Michael Adelberg and Matthew Rubin at Faegre Drinker, and Melissa Garrido at Boston University.

  • 6 Best Practices For Banks Serving The Marijuana Industry

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    As more states legalize marijuana, financial institutions with marijuana-related business customers should implement robust and nuanced compliance programs, and those that do not want to serve the industry should have policies in place for determining whether existing customers are engaged in marijuana-related activities, say attorneys at Venable.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • EU Climate Goals Are Hard To Reach Without Carbon Capture

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    The European Union's failure to fully embrace blue fuels, produced using carbon capture, utilization and storage technologies, may hinder the region's pursuit of its aggressive decarbonization goals, say Hunter Johnston and Jeff Weiss at Steptoe & Johnson.

  • What Calif.'s New Consumer Debt Law Means For Collectors

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    Brett Watson at Cozen O’Connor explains what California's recently enacted Debt Collection Licensing Act means for debt collectors, including how they should prepare to comply, how the act interacts with existing state laws, and whether to expect forthcoming enforcement actions.

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