California

  • October 21, 2021

    Britney Spears' Dad Taps Willkie Amid Misconduct Allegations

    Britney Spears' father has hired an attorney from Willkie Farr & Gallagher LLP to replace his Holland & Knight LLP and Freeman Freeman & Smiley LLP attorneys in the dispute over his former role as the conservator of the pop star's estate amid misconduct allegations from her attorney.

  • October 21, 2021

    Crow Tribe Asks 9th Circ. To Back Its Power In Utility Case

    Members of the Crow Tribe have urged the Ninth Circuit to support their victory in a lower court based on an electric cooperative's dispute over tribal jurisdiction and Montana's utility winter disconnection law, saying the tribe has the authority to apply a similar law on its trust land.

  • October 21, 2021

    NY Gov. Signs Law Mandating State Auto-IRA Program

    New York Gov. Kathy Hochul signed legislation Thursday making it mandatory for private sector companies that don't offer retirement plans to enroll their employees in the state retirement plan unless they opt out.

  • October 21, 2021

    Nirvana Freed From US Courts In 'Circles Of Hell' IP Suit

    A California federal judge tossed a copyright infringement suit accusing '90s band Nirvana of selling merchandise that rips off a British man's drawing of Dante's circles of hell, finding Thursday that the dispute belongs in U.K. courts.

  • October 21, 2021

    Chubb Says Apple TV Show Got Paid For COVID-19 Losses

    A Chubb unit urged a California federal judge Thursday to hand it an early win in a production company's $44 million lawsuit seeking to recover COVID-19-related losses from Apple TV+'s "The Morning Show" production delays, arguing it already paid out $1 million and the company isn't entitled to anything more.

  • October 21, 2021

    IP Forecast: Google Lyrics Battle To Play Out At 2nd Circ.

    The Second Circuit will consider next week whether copyright law preempts claims by lyrics website Genius that Google misappropriated content for the tech giant's search results. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • October 21, 2021

    Anti-Immigration Group Asks Justices To Nix Bond Hearings

    Advocates of drastically reduced immigration urged the U.S. Supreme Court on Thursday to overturn decisions in the Third and Ninth circuits that said migrants who have been detained more than six months should get a bond review hearing.

  • October 21, 2021

    Vizio Must Share TV Source Code With Consumers, Suit Says

    Vizio Inc. should be required to share source code underlying its televisions so consumers can adjust, improve, share and reinstall modified versions of the software, a nonprofit says, accusing the company of "repeated failures to fulfill even the basic requirements of the general public license."

  • October 21, 2021

    Ex-Giuliani Pal Says Foreign Cash Isn't Linked To Donations

    An attorney for former Rudy Giuliani associate Lev Parnas on Thursday told a Manhattan federal jury there was no connection between a wealthy Russian businessman's money and contributions to U.S. political campaigns.

  • October 21, 2021

    9th Circ. Trims Money Laundering Ex-Banker's Conviction

    The Ninth Circuit on Thursday reversed an ex-East West Bank manager's conviction for making a false entry in bank records but affirmed a second such conviction, holding the first should be tossed despite its connection to a money laundering scheme because nothing on the transaction's face made it false.

  • October 21, 2021

    9th Circ. Mulls VW Intervening In Fight For Jones Day Report

    A Ninth Circuit judge questioned when a third party must intervene in a suit involving its interests, indicating during oral arguments Thursday that Volkswagen was timely in its bid for a say on whether the government should release an internal VW investigation conducted by Jones Day.

  • October 21, 2021

    Coinbase Looks To Arbitrate Claims It Ran Deceptive Contest

    Coinbase has asked a California federal judge to send to arbitration traders' claims that the cryptocurrency exchange's marketing for a contest deceived customers, saying the traders agreed to arbitrate such disputes when they signed up to use the platform.

  • October 21, 2021

    Snapchat Tells Ga. Justices Speed Filter Safe Unless Misused

    In fighting a Georgia couple's bid to revive their personal injury case over a distracted driver, Snapchat on Thursday likened the "speed filter" of its social media application to any product that could cause harm when misused.

  • October 21, 2021

    Chamber Seeks Full 9th Circ. Look At Forced Arbitration Ban​​​​​​​

    The U.S. Chamber of Commerce asked the Ninth Circuit for a full rehearing of its case challenging a California ban on mandatory arbitration agreements, arguing Wednesday that the split panel's decision in September creates a circuit split while allowing the Golden State to sidestep the Federal Arbitration Act.

  • October 21, 2021

    CAA Says Affiliated FM Should Cover Its Pandemic Losses

    Famed Hollywood talent agency CAA has sued Affiliated FM Insurance Co. seeking coverage of its COVID-19 business-interruption losses, in a complaint removed Wednesday to California federal court.

  • October 21, 2021

    Calif. Proposes 3,200-Foot Community 'Buffer' For Oil Drilling

    California on Thursday announced a draft regulation to prohibit new oil and gas wells within 3,200 feet of homes, schools, hospitals, nursing homes and other areas, as the state looks to phase out oil production by 2045.

  • October 21, 2021

    NBA Announcer Fired For 'All Lives Matter' Tweet Sues Station

    Longtime former Sacramento Kings announcer Grant Napear sued an affiliate of CBS Sports Radio in California federal court Thursday alleging the station wrongly fired him for tweeting "All lives matter" during racial justice protests last summer.

  • October 21, 2021

    Affiliated FM Urges 9th Circ. To Toss Hotel's COVID-19 Suit

    Property insurance policies provide coverage only for physical damage, not bodily injuries or virus remediation efforts, Affiliated FM Insurance Co. urged the Ninth Circuit to confirm on Wednesday.

  • October 21, 2021

    Real Estate Rumors: Foundry, Zwicker Electric, Blackstone

    A Foundry Commercial venture has reportedly broken ground on a 495,000-square-foot warehouse project in Florida, Zwicker Electric is said to have leased 12,200 square feet in New York and Blackstone has reportedly dropped $38 million on three Florida industrial properties.

  • October 21, 2021

    BakerHostetler Hid Loan Default Before $2.5M Deal, Court Told

    BakerHostetler intentionally concealed that a loan on land used to secure a $2.5 million settlement was in default, a Canadian couple alleged in a federal malpractice suit filed Wednesday.

  • October 21, 2021

    McKesson Nears Win On Some Securities Fraud Claims

    A California federal judge appeared inclined Thursday to grant McKesson summary judgment on some securities fraud claims over its alleged participation in a generic drug price-fixing scheme, asking repeatedly what difference it would make to shareholders if they knew McKesson's artificial prices were caused by anti-competitive conduct and not inflation.

  • October 21, 2021

    Judge Lifts Ban On Ex-Bank Worker In Trade Secret Dispute

    A California federal judge has undone a preliminary injunction barring a former East West Bank employee from using the bank's purported trade secrets, saying he would not have issued it in the first place if he knew about arbitration pacts the ex-worker signed.

  • October 21, 2021

    Atty Accused Of 'Heinous Fraud' With Privileged Insys Docs

    A specialty pharmacy has accused a Garden State attorney litigating claims related to an Insys Therapeutics opioid of "heinous fraud," saying he took privileged material acquired in a fatal overdose action in New Jersey federal court and improperly used it in a related False Claims Act suit in California.

  • October 21, 2021

    Jackson Lewis Opens Office in Riverside, Calif.

    Jackson Lewis PC has opened shop in Riverside, California to further tap into the region's busy market for litigation services, the national employment law firm announced Wednesday.

  • October 21, 2021

    Journalist Orgs Seek 9th Circ. Redo Of AB 5 Challenge

    The full Ninth Circuit should reconsider a panel decision that nixed a pair of journalist organizations' challenge to a California worker classification law, the groups argued, saying the panel incorrectly held that the law did not violate free-speech rights.

Expert Analysis

  • More Prop 65 Regulation Of PFAS Means More Risks For Cos.

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    The California Office of Environmental Health Hazard Assessment's plans to expand regulation of per- and polyfluoroalkyl substances under Proposition 65 will likely increase litigation and enforcement risks for companies doing business in the state, say Brett Winters and Graham Ansell at GSI Environmental and Will Wagner at Arnold & Porter.

  • Opinion

    9th Circ. COVID Coverage Ruling Misapplies Burden Of Proof

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    The Ninth Circuit’s recent decision in Mudpie v. Travelers Casualty Insurance, dismissing a COVID-19 insurance coverage claim, incorrectly applied the burden of proof to the policyholder instead of the insurer, disregarding the crucial differences between third-party liability and first-party all-risks insurance policies, says Lee Epstein at Flaster Greenberg.

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • 4 Practical Pointers For Litigating A Design Patent Case

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    The recent Federal Circuit opinions in Campbell Soup v. Gamon Plus and the case of SurgiSil underscore the substantial differences between design patents and utility patents, but intellectual property litigators can better prepare themselves to dive into this area by keeping in mind a few critical recommendations, says Nathan Sabri at MoFo.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • 7 Questions Condo Buyers Must Ask In Light Of Fla. Collapse

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    Condominium owners are potentially the least informed group of real estate purchasers, but following Florida's Champlain Towers tragedy, buyers should take steps to gather crucial information to assess the safety and property value of prospective purchases, says Tyler Berding at Berding & Weil.

  • Draft Plan Illuminates EPA's Enviro Justice, Climate Priorities

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    The U.S. Environmental Protection Agency's recently released draft strategic plan provides the key to understanding a number of the agency's recent priorities, including an enhanced focus on environmental justice, greater oversight of regulatory programs, and state and local partnerships to enforce environmental laws, say attorneys at King & Spalding.

  • Strategies To Counter Broad Approach To IPR Estoppel

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    Until the Federal Circuit resolves a recent district court split on the scope of inter partes review estoppel for nonpublication art, defendants should consider the likelihood of estoppel being applied broadly and try to persuade courts that the narrower approach is more in line with the Patent Act, say Asim Bhansali and Nicholas Roethlisberger at Kwun Bhansali.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • 9th Circ. Chromium Ruling May Expand Water System Liability

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    The Ninth Circuit's recent opinion in California River Watch v. City of Vacaville, affirming a city's liability for trace amounts of chromium in drinking water, could increase risk for water providers that transport water found to contain molecules of solid waste — even if that water meets applicable regulatory limits, says David Fotouhi at Gibson Dunn.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Opinion

    No Signs Of Turning, Tide Of Insurer COVID Wins Persists

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    The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • Opinion

    Copyright Termination, Work-For-Hire Doctrine Need Review

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    A recent flurry of litigation by Marvel against former writers shows the necessity of court and agency review of the copyright termination right and the outdated work-for-hire doctrine, which could have far-reaching consequences for today's independent contractors, say Carolyn Martin and Ethan Barr at Lutzker & Lutzker.

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