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California
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April 16, 2024
Seyfarth Lands 3 Morgan Lewis Employment Pros In Calif.
A trio of labor and employment attorneys have moved from Morgan Lewis & Bockius LLP to Seyfarth Shaw LLP in California, the firm said Tuesday.
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April 16, 2024
Credit Union And 'Dreamers' Get Initial OK To Settle Bias Suit
A California federal judge preliminarily approved a settlement offering cash to individuals who accused Alliant Credit Union of denying them loans for being asylum claimants, recipients of the Deferred Action for Childhood Arrivals program or dependents of employment-based visa holders.
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April 16, 2024
Investors Say Cannabis Group Took $9.1M In Fraud Scheme
Three investors are suing a California-based cannabis company and several affiliates, saying they were induced to invest more than $9.1 million in exchange for ownership shares of dispensaries, but have seen little to no return on their investment while their money was diverted.
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April 16, 2024
Cooley-Led Data Security Firm Rubrik Eyes $679M IPO
Venture-backed data security firm Rubrik Inc. on Tuesday launched plans for an estimated $679 million initial public offering, hoping to capitalize on an upturn in technology listings.
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April 15, 2024
Ex-Autonomy Exec Testifies To Handshake Deals, Backdating
Autonomy's former U.S. head of sales testified for the prosecution Monday in the criminal fraud trial of founder Michael Lynch, saying he boosted sales figures via "quid pro quo" handshake deals with customers, created pretextual emails to cover his tracks and even backdated a deal to meet revenue targets.
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April 15, 2024
Tax Attys, Broker Peddled 'Financial Fantasy,' NC Jury Told
A North Carolina federal jury on Monday heard a series of secret recordings at the start of a tax fraud trial in which an insurance agent and a St. Louis attorney unwittingly pitched an undercover IRS agent on a way to decrease taxable income — or what the government characterized as a "financial fantasy."
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April 15, 2024
Gov't Says Mich. Court Lacks Authority Over U-Visa Delay Suit
The federal government on Friday urged a Michigan federal court to toss a proposed class action alleging unreasonable decision delays in U-visa petitions, saying the court wouldn't be able to cure the visa-seeking plaintiffs' alleged harm of being unable to work.
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April 15, 2024
Calif. Cannabis Co. Stiiizy Sued Over Delta-8 Products
California cannabis giant Stiiizy has been accused of selling products which were touted as federally compliant hemp wares but purportedly had high enough levels of psychoactive THC to qualify as marijuana products, according to a proposed class action in Illinois federal court.
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April 15, 2024
Tesla Workers' Atty Rips Claim Of Influence Over State Agency
Counsel representing a putative class of roughly 6,000 Black Tesla workers alleging the automaker has allowed racism to run rampant at its California factory fired back during a class certification hearing Monday, calling Tesla's suggestion that plaintiffs counsel are driving the state's civil-rights litigation "beyond preposterous."
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April 15, 2024
Feds Call Off $5.7M Bid To Recoup Costs For Damaged V-22
The federal government agreed to drop its $5.7 million lawsuit against the city of San Diego and the commercial aviation companies that operated the aircraft that rammed into a parked Marine Corps tiltrotor transport in 2020, according to a Monday court filing.
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April 15, 2024
Whistleblower Says Lab Co. Ran COVID-Testing Scheme
A California-based diagnostics firm and its CEO have been hit with a whistleblower suit in Washington federal court by an ex-lab director who claims an affiliated company flouted regulatory standards and fraudulently billed government healthcare programs for COVID-19 tests on patients with private insurance.
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April 15, 2024
EPA Asks High Court To Preserve SF Water Pollution Regs
The U.S. Environmental Protection Agency on Friday asked the U.S. Supreme Court to preserve its water quality standards for San Francisco, which the city has challenged as vague, generic, and "virtually impossible" to comply with.
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April 15, 2024
Enviro Groups Urge 9th Circ. To Uphold Ax Of DOI Land Swap
Environmental groups and the National Congress of American Indians have thrown their support behind the Shoshone-Bannock Tribes in calling on the Ninth Circuit to uphold a lower court ruling that the federal government's land exchange with agribusiness J.R. Simplot Co. was unlawful.
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April 15, 2024
Panera Hit With False Ad Suit Over 'Sprouted Grain' Bagel
A customer hit Panera LLC with a proposed class action accusing the restaurant chain of falsely marketing its bagels as made with sprouted grains despite the main ingredient being less healthy non-sprouted grains, according to a suit removed to California federal court Friday.
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April 15, 2024
Canadian Supplement Co.'s Sale Hits Ch. 15 Snag In Del.
A Delaware bankruptcy judge appeared skeptical Monday that an American judge can weigh in on a dispute over rights to Canadian assets, as counsel for a troubled nutritional supplement supplier based in Canada argued for U.S. recognition of a sale order from an insolvency court in its home country.
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April 15, 2024
Biden Approves Disaster Declarations For States, Tribe
The states of Oregon and California, along with one of their tribal communities, will receive federal emergency aid to help recover from severe winter storms that caused widespread damage and killed several people in January and February.
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April 15, 2024
Boeing Says Virgin Can't Use Another Court To Avoid IP Suit
Boeing has urged the Virginia federal judge overseeing its breach of contract and trade secrets dispute with Virgin Galactic to block Virgin from moving forward with a "copycat" lawsuit in California, saying Virgin is wrongly trying to avoid the original lawsuit.
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April 15, 2024
Apple Faces Two Suits Over IPhone Market Dominance
Apple has been hit with a pair of suits alleging it has unfairly stifled competition in the smartphone market and that its practices and iPhone sales have violated federal securities and antitrust laws.
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April 15, 2024
L'Occitane Privacy Suit Against Zimmerman Reed Trimmed
A Los Angeles federal court is weighing ending a suit by L'Occitane against Zimmerman Reed LLP and thousands of clients who complained that the company's website tracking tools violated their online privacy, after denying a bid by defendants to compel arbitration and tossing a claim that Zimmerman Reed violated the Computer Fraud and Abuse Act.
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April 15, 2024
Apple Defends Anti-Steering Rule Compliance In Epic Case
Apple told a California federal court it has fully complied with an order barring anti-steering rules in its App Store and said complaints from Epic Games, Microsoft and others about its compliance are just efforts by the companies to pad their own profits.
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April 15, 2024
9th Circ. Says Court Must Consider Pay In Navajo Benefits Bid
The Ninth Circuit has vacated a ruling that a Navajo Nation member failed to prove he was wrongfully denied relocation benefits after the U.S. gave his ancestral lands to the Hopi Tribe, with a split panel remanding the case to federal district court with instructions to consider evidence of his income.
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April 15, 2024
Freshfields Picks Up Covington M&A Pro In Silicon Valley
Freshfields Bruckhaus Deringer LLP is growing its corporate practice, bringing in a Covington & Burling LLP mergers and acquisitions expert as a partner in its Silicon Valley office, the firm said Monday.
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April 15, 2024
Calif. AG Backs Unfair Competition Claims Against State Farm
California policyholders should be able to assert claims under the state's unfair competition law independent of a one-year claim filing deadline under their insurance policy, state Attorney General Rob Bonta told the California Supreme Court, backing a San Francisco homeowner's unfair competition claims against a State Farm unit.
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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.
Expert Analysis
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Fintech Compliance Does Not Always Equal Bank Compliance
Recent enforcement actions are a reminder for banks working with financial technology providers — whether as partners to extend their reach or as internal resources to support existing operations — that few areas of risk need more frequent attention than Bank Secrecy Act and anti-money laundering compliance, says Christopher Couch at Phelps Dunbar.
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Opinion
9th Circ. Nazi Art Theft Ruling Is Bad For Repatriation Cases
The Ninth Circuit’s recent decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, holding that a Spanish museum doesn't have to return a Nazi-stolen painting to the original Jewish owners, spells trouble for future heirloom repatriation cases, which hinge on similar archaic laws, say Andrea Perez and Josh Sherman at Carrington Coleman.
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Enforcement Risk Amid Increased Consumer Data Use
While no state has introduced a private right of action for noncompliance with a comprehensive consumer privacy law — except for the California Consumer Privacy Act's data breach provision — organizations and retailers face risk from enforcement actions by state attorneys general and privacy regulators, say attorneys at Dentons.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Opinion
The Problems In Calif. Draft Behavioral Ad Privacy Regs
The California Privacy Protection Agency has an opportunity with its automated decision-making technology and profiling rulemaking to harmonize California's regulation of data-driven advertising, but this will be a failure unless several things are changed in its proposed treatment of behavioral advertising, say Alan Friel and Kyle Fath at Squire Patton.
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Wildfire Challenges For Utility Investors: Liability Theories
The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.
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The Challenges Of Measuring Harm In Slack-Fill Cases
A recent California federal court partial class certification ruling was a rare victory for plaintiffs in a case over slack-fill empty space in packaged products, indicating that damages arguments may be important at the certification stage, say Sushrut Jain and Valentina Bernasconi at Edgeworth Economics.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Can A DAO Be Sued? SDNY Case May Hold The Answer
A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.
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Tips For Counsel Seeking Balance In The ESG Political Divide
Corporate counsel tasked with navigating environmental, social and governance factors in the current polarized political environment should not lose sight of best practices, including sticking to what the law requires and always telling the truth, say Jennifer Rubin at Mintz and Mike Rider at ResMed.
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Disney Copyright Expiration Spurs Trademark Questions
While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Zero-Point Offender Eligibility May Hinge On Meaning Of 'And'
Some white collar defendants’ eligibility for the new zero-point offender sentencing adjustment comes down to whether the word “and” really means “and” — a question the U.S. Supreme Court is set to resolve in its upcoming Pulsifer v. U.S. decision, which could affect thousands of incarcerated people, say Brandon McCarthy and Nikita Yogeshwarun at Katten.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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Recent Rulings Add Dimension To Justices' Maui Decision
The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.