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California
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April 15, 2024
Ex-Medical Co. GC's Suit Against Loeb & Loeb Gets Trimmed
A Colorado federal court has narrowed a lawsuit by a former medical device company's in-house attorney against Loeb & Loeb LLP and an ex-firm attorney for pursuing claims on behalf of the business alleging that he stole its trade secrets.
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April 15, 2024
Clearlake Increases Blackbaud Takeover Bid To $4.3B
Private equity shop Clearlake Capital has upped its offer to purchase Blackbaud Inc. by roughly $500 million — bringing its proposal to around $4.3 billion — after the cloud computing software company rejected its previous buyout bid, with the firm saying the take-private deal would be the "clearest path" to maximizing shareholder value.
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April 15, 2024
9th Circ. To Hear Hunter Biden Appeal In Criminal Tax Case
The Ninth Circuit will hear Hunter Biden's argument that a California federal judge wrongly rejected requests by his defense team to toss a criminal tax case that Biden has claimed is politically motivated and vindictive, according to a notice filed Monday.
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April 15, 2024
Attys In Google Maps Case Chided For Wordy Footnotes
A California federal judge has flagged attorneys representing Google Maps customers in an antitrust action for submitting a filing with "numerous excessively long footnotes," and threatening sanctions if they don't provide a reasonable explanation to the court.
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April 15, 2024
Google Says Worker Fired Over Threats, Not Bipolar Disorder
Google told a California federal court it should toss a lawsuit alleging the tech giant fired an employee because he took medical leave due to his bipolar disorder, arguing he was let go because of threatening emails he sent rather than his mental illness.
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April 15, 2024
Ex-Calif. Bar Leader Loses Bid To Gut Ethics Case
A California Bar Court has denied the latest attempt by former State Bar of California Executive Director Joe Dunn to sink an ethics case accusing him of improperly using bar funds to pay for a 2014 trip to Mongolia, finding the court already twice rejected his effort to dodge the claim and there was no reason to change course.
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April 15, 2024
State Farm, HOA Settle Wire Fraud D&O Coverage Dispute
A State Farm unit and a property owners association reached a conditional settlement agreement in the association's suit seeking directors and officers coverage for underlying litigation stemming from a wire fraud incident, they told a California federal court.
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April 15, 2024
California Judge Fights New Ethics Charges
A California state judge on Friday responded to new ethics charges related to his participation in an online debate from his chambers and comments he made during a court hearing.
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April 15, 2024
Justices Skip Appeal Over $36M Sanction In TM Case
The U.S. Supreme Court will not consider the appeal of a man who argued the Ninth Circuit was wrong to impose $36 million in sanctions against him and several companies in a trademark dispute, the justices said Monday.
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April 15, 2024
High Court Won't Hear California Tribal Casino Dispute
The U.S. Supreme Court on Monday denied a bid by an anti-casino advocacy group seeking to overturn a Ninth Circuit decision that dismissed their case after determining that the Ione Band of Miwok Indians is eligible to go forward with its project in California.
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April 15, 2024
High Court Passes On Tenants' Debt Collection Dispute
The U.S. Supreme Court on Monday declined to consider a Ninth Circuit ruling that revived a suit filed by tenants who hit a California law firm with a Fair Debt Collection Practices Act suit.
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April 12, 2024
Real Estate Authority: RE Women In BigLaw, Q1, Proptech
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on gender diversity rates among 20 BigLaw real estate practices, M&A and financing stats from the first quarter, and the 2024 Real Estate Technology Conference in New York.
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April 12, 2024
Dunn DeSantis Expands San Diego Office With 7 Attorneys
Dunn DeSantis Walt & Kendrick LLP recently expanded its San Diego office with the addition of seven employment law attorneys, the firm said in a statement.
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April 12, 2024
Patreon Takes Aim At Constitutionality Of Video Privacy Law
Content monetization platform Patreon pressed a California federal judge Friday to toss a proposed class action claiming it violated the Video Privacy Protection Act by sharing members' video-watching data with Meta, arguing that the "poorly drafted" federal law unconstitutionally restricts its speech and imposes damages unrelated to any actual harm.
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April 12, 2024
'Much More Is Coming': Experts See Wave Of AI-Related Suits
Legal experts speaking Friday at the University of California, Berkeley School of Law's symposium on artificial intelligence and evidence in civil litigation warned that broadening usage and increased regulation will lead to a wave of litigation over the technology, leaving courts to analyze the "black box" of corporate AI algorithms to determine liability.
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April 12, 2024
Epic Wants Google Play Store Reforms After Antitrust Verdict
Following Epic Games' jury win on antitrust claims related to the Google Play Store and Android apps, the "Fortnite" maker has asked a California federal judge to force Google to allow consumers to download apps from wherever they want and bar the tech giant from restricting in-app purchase options.
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April 12, 2024
Virgin Fest Wins $2M In Del. After Calif. Music Event Bust
A festival-promoting interest of British billionaire Richard Branson's empire secured a $2 million judgment in Delaware's Superior Court Friday against a music festival producer, previously known as Kaaboo LLC, after a court finding that Kaaboo provided an unsupported, $10 million value for a California festival before Virgin Fest purchased the business.
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April 12, 2024
Petition Watch: Judge DQs, 'Excessive' Damages & Price Wars
A former al-Qaida member has asked the U.S. Supreme Court to clarify disqualification protocol for judges overseeing a case related to their prior work as a government attorney, and energy drink manufacturers want the court to develop a modern-day test to determine if companies qualify as price-discrimination competitors. Here's four high court petitions filed recently that you might've missed.
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April 12, 2024
Fed. Circ. Won't Revive Broadcom Unit's IP In Netflix Fight
The Federal Circuit on Friday backed the Patent Trial and Appeal Board's holding that the vast majority of Broadcom unit Avago Technologies' patent directed to providing digital media services to users is invalid as obvious, based on a challenge from Netflix.
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April 12, 2024
Ohtani's Ex-Translator Gets $25K Bond On $16M Fraud Charge
Los Angeles Dodgers star Shohei Ohtani's ex-interpreter, Ippei Mizuhara, made his first appearance in California federal court Friday, with a magistrate judge ruling that he can be released on a $25,000 bond following his arrest for a bank fraud charge filed Thursday over allegations that he stole over $16 million from the baseball player.
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April 12, 2024
FTC Taking Deeper Look At $35B Synopsys-Ansys Merger
The Federal Trade Commission is opening an in-depth review of Synopsys' $35 billion acquisition of fellow software company Ansys, with Synopsys telling investors that the agency had issued a "second request" for information from both companies.
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April 12, 2024
IoT Co. Execs Sued Over Projected Revenue Shortfall
Executives and directors of Internet of Things services company Lantronix Inc. have been hit with a shareholder derivative suit accusing them of misleading investors about its revenue prospects for nearly a year.
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April 12, 2024
Bridal Designer Seeks Conversion Of JLM Couture To Ch. 7
A bridal dress designer engaged in litigation with bankrupt dressmaker JLM Couture asked a Delaware court Friday to convert the company's insolvency case to a Chapter 7 liquidation, saying the costs of that ongoing litigation will drain estate resources to the point it won't be able to pay for the bankruptcy case.
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April 12, 2024
Ex-Pfizer Worker's Pal Avoids Prison In Insider Trading Case
An electrical engineer was sentenced to probation Friday for trading Pfizer Inc.'s stock using confidential tips about the efficacy of its COVID-19 drug, after a Manhattan federal court recognized his decision to voluntarily assist prosecutors with the trial conviction of his friend, a former Pfizer employee who leaked insider information.
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April 12, 2024
Lionsgate Ups PIPE To $225M Before $4.6B SPAC Merger
Entertainment and production giant Lionsgate on Friday is raising the amount of its private investment in public equity related to its planned $4.6 billion merger with special purpose acquisition company Screaming Eagle Acquisition Corp. to $225 million, according to a filing with the U.S. Securities and Exchange Commission.
Expert Analysis
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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.
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Employer Lessons From Nixed Calif. Arbitration Agreement
A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.
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How Poor Governance, Weak Contracts Harm Cannabis Cos.
Decades into cannabis decriminalization and legalization, many companies in the industry still operate on a handshake basis or fail to keep even minimally required records, which can have devastating effects and lead to costly, business-killing litigation, says Griffen Thorne at Harris Bricken.
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EEO-1 Ruling May Affect Other Gov't Agency Disclosures
By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.
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What Retailers Should Note In Calif. Web Tracking Suits
As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.
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Copyright Lessons Following Ruling In Artist AI Suit
The recent California district court ruling in Andersen v. Stability AI — that artists needed to specify how the training of artificial intelligence tools violated their copyrights — shows that lawyers on either side of generative AI matters must carefully navigate copyright issues including temporary copying and data sourcing, says Carlos Araya at Magnolia Abogados.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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As Promised, IRS Is Coming For Crypto Tax Evaders
The IRS is fulfilling its promise to crack down on those who have neglected to pay taxes on cryptocurrency earnings, as demonstrated by recently imposed prison sentences, enforcement initiatives and meetings with international counterparts — suggesting a few key takeaways for taxpayer compliance, say attorneys at BakerHostetler.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.