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California
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May 30, 2024
Netflix Fails To Show Inventor, Funder Violated Injunction
A California federal judge has said Netflix couldn't prove a Finnish inventor violated an injunction tied to his concealment of certain legal funds, or that a litigation fund manager the inventor worked with needs to face claims tied to that concealment.
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May 30, 2024
La-Z-Boy Hit With Suit Over Misleading Furniture Pricing
Furniture manufacturer La-Z-Boy Inc. was accused on Thursday in California federal court of falsely advertising the prices of home furnishings sold by its subsidiary.
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May 30, 2024
Autonomy VP Declines To Take Stand As Fraud Trial Nears End
Testimony wrapped Thursday in a California federal criminal trial over claims that former Autonomy CEO Michael Lynch and finance vice president Stephen Chamberlain duped HP into overpaying billions for the British tech company, as Chamberlain opted not to testify in his own defense after Lynch stepped off the witness stand.
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May 30, 2024
Apple Gets PTAB To Ax Patent Claims On Waking Up Phone
Apple has successfully challenged an inventor's patent covering a way for a mobile phone to show information by a user just looking at it, with the Patent Trial and Appeal Board finding several claims were invalid as obvious.
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May 30, 2024
Full 9th Circ. Won't Rehear Immigration Attys' Privacy Row
The full Ninth Circuit on Thursday declined a request from a filmmaker and two immigration attorneys to rehear a panel decision finding that a purportedly covert government surveillance program tracking journalists and advocates tied to a migrant caravan didn't harm them.
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May 30, 2024
StubHub Owes TicketManager $16M For Breach, Jury Says
A Los Angeles jury has found following a monthlong trial that StubHub owes more than $16 million for breaching its contract with Spotlight Ticket Management, which does business as TicketManager, and interfering in the company's relationship with American Express.
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May 30, 2024
Divided FTC Won't Delay Kroger-Albertsons In-House Case
The Federal Trade Commission's three Democrats refused Wednesday to delay the agency in-house challenge to Kroger's $24.6 billion purchase of Albertsons, blaming the grocery giants for their scheduling challenges and drawing a sharp dissent from the FTC's two Republicans.
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May 30, 2024
ITC Judge Clears Amazon In Video Tech Co.'s Patent Case
A U.S. International Trade Commission judge has found that Amazon hasn't broken federal patent trade law by importing streaming products, dealing a setback to video technology company DivX LLC in its infringement case.
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May 30, 2024
NCAA Loses Bid To Sink Reggie Bush Defamation Suit
The NCAA has failed in its bid to get an early toss of the defamation suit filed by 2005 Heisman Trophy winner Reggie Bush, with an Indiana court ruling a dismissal is premature at this point because the former running back has met the pleading standards.
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May 30, 2024
Voice Software Co. Gets Bank Customer Privacy Suit Trimmed
A California federal judge has trimmed a consolidated action against Nuance Communications over its voice-detection software that was used by JPMorgan Chase Bank NA, saying that the class members failed to show how Nuance supposedly used the software to assess the truth or falsity of a person's statements by analyzing their vocal characteristics.
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May 30, 2024
Solar Tech Co. Faces Investor Suit Over Slow '23 Growth
Energy technology company Enphase Energy Inc. has been hit with a proposed shareholder class action alleging the company and its executives failed to disclose slow growth trends, including a decrease in battery shipments, resulting in share price declines when the information was revealed to investors.
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May 30, 2024
Judge Exits Military Families' Suit Over Fatal Osprey Crash
A California federal judge recused himself from the wrongful death lawsuit launched by the families of the U.S. Marines killed when a Bell-Boeing-made V-22 Osprey went down, a recent court filing shows.
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May 30, 2024
Politics Not Behind Radio Host's Firing, Broadcaster Argues
The broadcaster accused of wrongfully terminating radio host Grant Napear after he tweeted "All lives matter" told a California federal court in its bid for summary judgment that Napear's firing had nothing to do with politics, and everything to do with the disrespectful tone and timing of the post.
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May 30, 2024
Cher Gets Key Win In Royalty Fight With Sonny Bono's Widow
The Emmy, Grammy, Oscar and Tony-winning star Cher has now won a key victory in California federal court in a dispute over song royalties with the widow of ex-husband Sonny Bono, with a judge concluding that Mary Bono must continue to pay the female half of Sonny & Cher composition royalties under a 1978 marriage settlement agreement, or MSA, following their 1975 divorce.
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May 30, 2024
NCAA V. Athletes Suits Paused As Parties Talk Final Deal
The consolidated cases in the class action against the NCAA over athletes' name, image and likeness compensation were stayed by a California federal judge Thursday, the next step toward finalizing the multibillion-dollar settlement the two sides reached last week.
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May 30, 2024
SF Fed Lacked Good Reason To Deny Account, 9th Circ. Told
An Idaho trade fintech urged the Ninth Circuit to revive its bid for a master account, saying the Federal Reserve Bank of San Francisco denied its application despite foreign banks potentially accessible to terrorists having access to the U.S. financial system.
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May 30, 2024
Mich. Judge Refers Atty To Calif. Bar Over Flint PR Stunt
A Michigan federal judge overseeing contaminated drinking water litigation in Flint, Michigan, referred a California attorney to that state's bar on Thursday after the lawyer refused to provide more details, or submit to the court's jurisdiction, over her involvement in an alleged smear campaign targeting a lawyer for Flint children.
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May 30, 2024
VR Fitness App Ends $353M Antitrust Row With Meta, For Now
An app developer that sued Meta, Mark Zuckerberg and others seeking $353 million for alleged antitrust violations after the social media platform reneged on a deal to launch the plaintiff's virtual reality fitness app voluntarily dropped his case, for now, according to a notice filed Wednesday in California federal court.
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May 30, 2024
Alston & Bird Adds IP Litigator From BakerHostetler In LA
Alston & Bird LLP is boosting its intellectual property team, bringing in a BakerHostetler IP litigator as a partner in its Los Angeles office.
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May 30, 2024
NCAA To End Transfer Rules In Deal With DOJ
The NCAA agreed on Thursday to stop enforcing all rules governing athletes transferring from one institution to another, as part of a proposed consent decree filed by the U.S. Department of Justice to settle an antitrust suit against the organization by 10 states and the District of Columbia.
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May 30, 2024
Enviro Groups Launch Fresh Alaska LNG Fight In 9th Circ.
Environmental groups on Thursday petitioned the Ninth Circuit to overturn federal approvals for the Alaska liquefied natural gas project covering impacts on endangered and threatened species, the latest court challenge lodged against the $43 billion project.
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May 30, 2024
Bottler Says It's Owed Defense In Wine Contamination Dispute
A wine bottler told a California federal court its insurer must reimburse defense costs it incurred while fighting a now-settled suit seeking to hold the company liable for a $1.2 million wine contamination, arguing the lawsuit didn't specifically allege what the bottler's actions were nor the cause of contamination.
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May 30, 2024
Calif. Judge Censured For Mid-Trial Text To Prosecutor
A Los Angeles judge has received a severe public censure for sending a text message to a prosecutor during a murder retrial in order to influence her decision to call a rebuttal witness, then trying to minimize the ex parte communication by making misleading statements after the fact.
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May 30, 2024
Justices Back Ariz. Execution Despite Trial Lawyer's Miscues
Three decades after an Arizona man fatally bludgeoned a friend, a young girl and a grandmother, the U.S. Supreme Court on Thursday ended his efforts to escape execution, finding that a trial lawyer's incomplete illustration of the man's psychologically damaging experiences doesn't merit leniency.
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May 30, 2024
Ex-Sidley Atty To Lead Faegre's West Coast Class Action Team
Faegre Drinker Biddle & Reath LLP is boosting its litigation team, announcing Wednesday it is bringing in a Sidley Austin LLP class action ace as a partner in its Los Angeles office.
Expert Analysis
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.
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A Look Ahead For The Electric Vehicle Charging Industry
This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Retailers Must Be Mindful Of Sale Ads As Class Actions Rise
A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.
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How 3 New Laws Change Calif. Nonprofits' Legal Landscape
Legislation that went into effect on Jan. 1 should be welcomed by California’s nonprofit organizations, which may now receive funding more quickly, rectify past noncompliance more easily and have greater access to the states’ security funding program, say Casey Williams and Brett Overby at Liebert Cassidy.
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Opinion
9th Circ. Should Overturn The Miles Davis Tattoo Ruling
A California district court made several missteps that led to a finding that celebrity artist Kat Von D's Miles Davis tattoo did not infringe copyright, and the Ninth Circuit should overturn the decision because recent U.S. Supreme Court guidance was ignored and the jury did not receive adequate instruction, says Brian Moriarty at Hamilton Brook.
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Calif. Disclosure Update Adds To Employer Trial Prep Burden
Though California’s recently updated litigation disclosure procedures may streamline some aspects of employment suits filed in the state, plaintiffs' new ability to demand a wider range of information on a tighter timeline will burden companies with the need to invest more resources into investigating cases much earlier in the process, says Jeffrey Horton Thomas at Fox Rothschild.
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EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility
A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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Takeaways From 9th Circ. Nix Of Ex-GOP Rep.'s Conviction
The Ninth Circuit recently reversed the conviction of former Rep. Jeff Fortenberry, R-Neb., for lying to the FBI, showing that the court will rein in aggressive attempts by the government to expand the reach of criminal prosecutions — and deepening a circuit split on an important venue issue, say attorneys at Skadden.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Despite Risks, AI Is A Worthy Tool For Healthcare Industry
Artificial intelligence appears to provide a productive path forward for the healthcare industry, improving economic and human health outcomes, though companies must continue to address certain technology and compliance pain points, says Sarah Abrams at Bowhead Specialty Underwriters.