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California
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March 05, 2024
Split 5th Circ. Axes SpaceX Bid To Keep NLRB Suit In Texas
SpaceX's challenge to the constitutionality of the National Labor Relations Board's structure should play out in California, a majority Fifth Circuit panel ruled Tuesday, denying the company's bid to station the lawsuit where it was originally filed in Texas but refraining from issuing a mandate.
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March 05, 2024
DC Circ. Won't Revive Timber Groups' Owl Habitat Suit
The D.C. Circuit on Tuesday rejected West Coast counties' and a timber group's challenge to the Biden administration's decision to delay a now-scrapped Trump-era rule that would have reduced critical habitat area for the northern spotted owl by almost 3.5 million acres.
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March 05, 2024
Social Media Created Public Nuisance, Schools Say
School districts on Monday urged a California federal judge not to toss their suits in multidistrict litigation alleging that social media giants like Meta Platforms Inc. and Snap Inc. purposefully addict minors, saying that their deliberate targeting of students during the school day created a public nuisance.
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March 05, 2024
Cadence To Acquire Beta Cae In $1.24B Cash-And-Stock Deal
Latham & Watkins LLP-advised Cadence Design Systems Inc. will pay $1.24 billion for engineering simulation software business Beta Cae Systems International AG, which serves Formula One racing teams and major automotive companies, according to an announcement Tuesday.
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March 05, 2024
Calif. Justice Asks Why COVID Triggers Insurance But Not Flu
A California Supreme Court justice appeared skeptical during a hearing Tuesday that COVID-19's presence fulfills the "physical loss or damage" requirement in commercial property insurance policies under Golden State law, questioning whether COVID-19 is different from the flu with respect to property coverage and calling asbestos litigation "far afield."
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March 05, 2024
King Holmes Punches Back In Sublime Malpractice Suit
Top music industry law firm King Holmes Paterno & Soriano LLP is fighting former client Sublime's recent malpractice lawsuit, calling the band's allegations of double-dealing a "pathetic" attempt to distract from the fact that Sublime owes the firm more than $100,000 in legal fees.
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March 05, 2024
2 MoFo Employment Experts Jump To Davis Wright In LA
Davis Wright Tremaine LLP is expanding its California team, announcing Tuesday it is bringing in a pair of Morrison Foerster LLP employment litigators as partners in its Los Angeles office.
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March 05, 2024
Ill. Atty Tells 1st Circ. Feds Botched Venue For Scam Case
An Illinois lawyer convicted of receiving proceeds from business email compromise schemes orchestrated by others told the First Circuit on Tuesday that Massachusetts was the wrong place for him to have been tried, urging the appeals court to dismiss the charges underlying the guilty verdict.
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March 05, 2024
Houser LLP Hit By Class Action Over 2023 Data Breach
Houser LLP was hit with a proposed class action in California federal court from a man who alleges that the business litigation law firm's negligence in properly securing its files from potential cyberattacks led to the exposure and theft of his personal data in 2023.
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March 05, 2024
Splunk Investors Get Final OK For $30M Deal, $7.5M Atty Fees
A California federal judge has granted final approval to a $30 million settlement, including $7.5 million in fees for class counsel, to resolve a securities class action accusing software company Splunk of lying about strategies it used to meet cash flow goals.
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March 05, 2024
Sheppard Mullin Adds Ex-LA City Atty To Real Estate Team
Sheppard Mullin Richter & Hampton LLP has hired a new real estate-focused attorney with more than 30 years of legal experience that includes serving two terms as Los Angeles' city attorney, the firm announced Monday.
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March 05, 2024
Firms Accuse Ottinger Of Hoarding Fees In Wage Class Action
The Ottinger Firm PC is being sued by two law firms over allegedly refusing to fairly split $666,666 in attorney fees after helping them secure a $2 million settlement in an employment class action, according to an unfiled complaint drafted Friday.
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March 04, 2024
Former DOJ Assistant Chief Joins Bird Marella
The assistant chief in the fraud section of the Department of Justice's Criminal Division joined Bird Marella Rhow Lincenberg Drooks & Nessim LLP, the firm announced Tuesday.
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March 04, 2024
Meta Asks Justices To Review Investors' Data Scandal Suit
Investors' claims over the Cambridge Analytica data abuse scandal should not be given new life, Meta Platforms told the U.S. Supreme Court on Monday, asking the justices to review the Ninth Circuit's adoption of "extreme outlier positions" that will "light a beacon" for similar actions that would be dismissed elsewhere.
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March 04, 2024
USPTO Can't See Snapchat 'Spectacles' IP Win Ahead Of Trial
A California federal magistrate judge rejected Monday the U.S. Patent and Trademark Office's bid for a summary judgment win in a lawsuit by Snapchat's parent company seeking to secure trademark rights to the word "Spectacles" for its flagship virtual-reality product, sending the intellectual property dispute to a March 12 bench trial.
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March 04, 2024
Brother Faces Punitive Damages In Siblings' $7B LA Trial Win
A California jury considering punitive damages for a man it found wrongly pushed his brothers out of a multibillion-dollar real estate partnership heard wildly different estimates Monday about his net worth, as a financial expert said it's possibly $4.5 billion, while the man tried to say he's in debt.
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March 04, 2024
Apple Inks Deal To End Derivative Suit Over Slow IPhones
Apple investors are urging a California federal judge to approve a noncash settlement of their derivative shareholder suit claiming the tech giant's top brass secretly slowed older iPhones, saying the deal will bring needed board committee reforms and notify consumers about battery options when their phones' performance degrades.
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March 04, 2024
Don't Skip Mock Trials, Veteran Criminal Defense Atty Says
A mock trial is a must before the real thing, even when the defendant is on a budget and the jury is just friends of friends, a veteran trial lawyer told a New York City Bar audience Monday.
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March 04, 2024
Underwriters Freed From Suit Against Fintech Co. Ryvyl
A California federal judge has dismissed the underwriters and significantly trimmed the remaining claims in a case against fintech company Ryvyl Inc. and certain executives, accusing them of concealing accounting issues, saying the plaintiffs have adequately alleged only a few misleading statements and knowledge of wrongdoing by one executive.
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March 04, 2024
9th Circ. Rejects Abstention In Calif. Pot Permit Law Challenge
A Ninth Circuit panel on Monday reversed and remanded a district court's decision to abstain from a challenge to Sacramento's social equity cannabis licensure program, saying even if a state court clarified the program's unambiguous residency requirements, it wouldn't change the outcome of the plaintiff's federal commerce clause claim.
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March 04, 2024
3 Ways The SEC Might Scale Back Climate Disclosures
The U.S. Securities and Exchange Commission is scheduled to vote Wednesday on the future of corporate climate disclosures after a nearly two-year wait, but experts told Law360 that the finalized version of the much-anticipated rule could look different from the proposal in several ways following significant pushback from big business and its allies.
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March 04, 2024
Cash App, Block Reach $15M Deal To End Data Breach Suit
Mobile payment companies Block Inc. and Cash App Investing LLC and its customers are seeking a California federal judge's initial approval of a $15 million deal settling claims that a December 2021 data breach at the companies exposed personally identifiable information, account numbers and trading activity of 8.2 million people.
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March 04, 2024
Calif. Justices Rule Fiat Can't Offset Lemon Law Restitution
The California Supreme Court on Monday reversed a lower court ruling and held that Fiat Chrysler cannot deduct the trade-in value of a lemon vehicle from restitution the automaker owes a consumer under the state's Song-Beverly Consumer Warranty Act.
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March 04, 2024
9th Circ. Affirms Forest Service Logging Plans In Calif.
The Ninth Circuit on Friday upheld a U.S. Forest Service logging project in California's Los Padres National Forest that is designed to assist firefighters, rejecting environmentalists' argument that the plan runs afoul of the area's general logging prohibition.
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March 04, 2024
Split Calif. Panel Backs Drinking Water Regs On Oil Operators
A split California appellate panel threw out a trial court ruling finding drinking water regulations put in place by the California Geologic Energy Management Division are invalid, saying, instead, the challenged regulations are consistent with the overall statutory scheme and supported by substantial evidence.
Expert Analysis
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Landmark Product Safety Prosecution May Signal Sea Change
U.S. v. Chu, a novel prosecution and guilty verdict of corporate executives for failing to report product defects under a consumer safety law, will certainly not be the last case of its kind, and companies will need to prepare for the government’s increasingly aggressive enforcement approach, say attorneys at Cooley.
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ESG Concerns Can No Longer Be Ignored In 2024
While the long wait for the U.S. Securities and Exchange Commission's ESG rule continues, government attention to regulations, increased litigation efforts and shareholder resolutions seeking transparency highlight the importance of placing an emphasis on ESG considerations, say attorneys at Wollmuth Maher.
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A Closer Look At The Federal Criminal Enforcement Slump
Former Deputy Attorney General Rod Rosenstein, now at King & Spalding, explains that the U.S. Department of Justice’s statistical reports reveal that federal authorities are considerably less productive today than in the past, as criminal prosecutions fell in 2022 in every major category, for reasons that are not entirely clear.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Key Issues When Navigating A Tenant's Bankruptcy
In light of recent Chapter 11 filings by Rite Aid and WeWork — companies with thousands of commercial leases — practitioners should review issues that can arise when bankruptcy is used to exit a lease, including the consequences of lease rejection and the statutory cap on landlord damage claims for a rejected lease, say attorneys at Proskauer.
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Growing Green Tech Demand Spells Trouble For Groundwater
Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.
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What To Know About FCA Cybersecurity Enforcement
Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.
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8 Privacy Law Predictions For 2024
As the new year begins, looking back to several of last year's privacy law developments may help companies forecast what to focus on when updating their privacy programs, including children's privacy, so-called dark patterns and the collection of data by connected cars, say attorneys at Sheppard Mullin.
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Calif. Banking Brief: All The Notable Legal Updates In Q4
As 2023 came to an end, we continued to see developments in California that are certain to have an impact on the financial services industry in 2024, including the California Department of Financial Protection and Innovation's request for comments on the state's new digital asset law and the state's continued enforcement actions against debt collectors, say Jennifer Olivestone and Juan Azel at Winston & Strawn.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What Brands Need To Know About Consumer Reviews In 2024
Testimonials, endorsements and consumer reviews have been on the Federal Trade Commission's radar for years — and since this evolving area will continue to be an enforcement priority in 2024, now is the time to ensure your house is in order, say attorneys at Crowell & Moring.
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SEC Case May Expand Scope Of Insider Trading Liability
The U.S. Securities and Exchange Commission's first-of-its-kind enforcement action against an individual in a case involving "shadow trading" demarcates an expansion of insider trading liability to circumstances in which there is a market connection between the source of information and the issuer of the securities traded, say attorneys at Steptoe.
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A Primer On New Calif. Health Transaction Reporting Rules
New California regulations regarding the reporting of certain transactions involving healthcare entities, which took effect on Jan. 1, address some industry feedback about overly broad requirements but still leave several areas of concern, says Andrew Demetriou at Husch Blackwell.
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.
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3 Compliance Reminders For Calif. Employers In 2024
As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.