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California
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April 19, 2024
Uber, Lyft Ask Justices To Review Calif. Arbitration 'Loophole'
Uber Technologies and Lyft Inc. asked the U.S. Supreme Court to review a California appellate court's decision rejecting their efforts to force into arbitration coordinated litigation alleging they misclassified drivers as independent contractors, saying the Golden State is trying to "create a loophole" in the Federal Arbitration Act.
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April 19, 2024
Ex-Lewis Brisbois Atty Accuses Firm Of Bias, Unethical Billing
A former attorney for Lewis Brisbois Bisgaard & Smith LLP has sued the firm in Los Angeles court, alleging gender discrimination in pay and retaliation for raising concerns over its "unethical billing practices," marking the second discrimination suit filed against the firm since March.
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April 19, 2024
AI Health Data Co. Faces Investor Suit Over Accounting Issues
Atlanta-based health data platform company Sharecare and two of its executives face accusations that they failed to disclose certain accounting issues to investors, leading to stock price declines when the issues became public, according to a shareholder suit filed Friday in California federal court.
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April 19, 2024
Ex-Gibson Dunn Partners Battle Firm Over Sealed Records
Gibson Dunn & Crutcher LLP is fighting anonymous ex-partners' bid to unseal a contractual arbitration award granted to a former co-chair of the firm's appellate practice, saying the documents contain trade secrets — such as details about the firm's compensation and partnership structure — that other top law firms could exploit to gain an advantage in a competitive recruitment market.
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April 19, 2024
Investor Suit Over Intel's Chip Production Won't Be Rebooted
The Ninth Circuit on Friday upheld a federal district court's dismissal of a proposed class action against Intel that alleged the tech giant hid problems with the production of its highly anticipated new computer processors, ruling the suit fails to show the defendants knew the company would miss the projected product release date.
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April 19, 2024
PE Exec Can Recoup $1M 'Varsity Blues' Forfeiture
A private equity executive whose conviction in the "Varsity Blues" college admissions case was almost entirely wiped out by the First Circuit is entitled to a refund of $1 million he paid to the scheme's ringleader, a federal judge ruled Friday.
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April 19, 2024
Judge Mulls Axing Biomedical Cos.' $25M Punitive Damages
Not enough evidence supports Skye Orthobiologics' $25.5 million punitive damages award against an ex-employee found to have breached his fiduciary duties by leveraging Skye's proprietary information, a California federal judge has ruled, asking for briefing on whether the proper remedy is to cut the damages or grant a new trial.
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April 19, 2024
Calif. Union Plan Pays $2.5M To End Early Retirement Suit
A pension plan for union-represented Northern California metalworkers, the plan administrator and a law firm will pay roughly $2.5 million to end a proposed class action alleging about 30 early retirees weren't given the full benefits they were promised, according to paperwork filed Friday in California federal court.
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April 19, 2024
CVS Narrows But Can't End HIV Patients' Disability Bias Suit
A California federal judge declined to toss a disability bias lawsuit brought by HIV or AIDS patients alleging CVS Pharmacy Inc. made their medication harder to get, saying federal regulations and even an internal company study warned that the program at issue was potentially problematic.
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April 19, 2024
Steelmaker Asks ITC To Halt EV Imports From Vietnamese Co.
Luxembourg-based steel manufacturer ArcelorMittal is asking the U.S. International Trade Commission to bar electric vehicle imports from Vinfast, which claims to be the first Vietnamese business to ship electric cars worldwide, with ArcelorMittal saying the company is infringing its patented aluminum-steel coating.
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April 19, 2024
Up Next At High Court: Abortions & Presidential Immunity
The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.
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April 19, 2024
9th Circ. Won't Revive J2 Investor's Suit Alleging Insider Deals
The Ninth Circuit declined Friday to revive a proposed securities fraud class action alleging that J2 Global Inc. hid underperforming acquisitions and dubious investments that benefited company insiders, finding the plaintiff investor did not sufficiently plead scienter as to alleged nondisclosures or that purported misstatements caused his losses.
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April 19, 2024
Zurich Insurance Hit With $80M Verdict Over 3 Terminations
Three former Zurich American Insurance Co. employees were awarded over $80 million by a Sacramento, California, jury that found they were wrongfully terminated for taking unofficial time off that the plaintiffs said was approved by their supervisor.
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April 19, 2024
Student Housing Co. Founder Claims She Was Pushed Out
A co-founder of a global company formed to provide booking for student housing sued her former colleague in Delaware's Court of Chancery on Friday, alleging a scheme by insiders to push her out of the business and then line up a sale to avoid a judgment after the move's reversal.
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April 19, 2024
Protein Powder Co. Can't Boost $10M Trade Dress Award
Protein powder maker Orgain wasn't able to increase its $10 million jury award it won in a trade dress infringement lawsuit against a rival, with a California federal judge saying she wouldn't give it a "massive windfall."
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April 19, 2024
AI Image Cos. Say Artists Offer Little Proof In Copyright Case
Four companies that make or distribute artificial intelligence software that creates art through prompts have told a California federal court that a proposed class action from artists must end, arguing the plaintiffs still have not shown proof that any of the businesses infringed or induced infringement of copyrighted works.
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April 19, 2024
Paramount Says 'Wolfman' Claims In 'Top Gun' Suit Don't Fly
Paramount Pictures has urged a California federal court to toss a lawsuit from the actor who played Henry "Wolfman" Ruth in the original "Top Gun," saying he cannot claim his image was used in the 2022 sequel without his permission because the movie studio owns all rights to the Wolfman character.
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April 19, 2024
J&J Unit Sued Over Defective Knee Replacements
A woman is suing Johnson & Johnson unit DePuy Orthopaedics in New Jersey federal court, alleging it marketed and sold a faulty knee replacement system that's prone to failing, requiring additional surgery to fix the issue.
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April 19, 2024
NYT Inks Revised $2.4M Deal In Auto-Renewal Case
A class of New York Times readers who sued over the newspaper's automatic subscription renewal charges has asked a Manhattan federal court for initial approval of a roughly $2.4 million settlement, after the Second Circuit shot down an earlier agreement due to concerns about attorney fees.
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April 19, 2024
Arnold & Porter Atty Returns To Greenberg Traurig In Calif.
Greenberg Traurig LLP has rehired a former associate from Arnold & Porter Kaye Scholer LLP whose practice focuses on a range of environmental litigation dealing with cancer-causing chemicals, plastic pollutants and the laws surrounding their regulation.
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April 19, 2024
Antitrust Case Judge Reveals Husband's Ties With Apple
A New Jersey federal magistrate judge assigned to the U.S. Department of Justice's recent iPhone antitrust case disclosed on Friday that her husband has ties to Apple, but told the parties she does not believe she needs to recuse herself.
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April 19, 2024
Off The Bench: NCAA Rules, Trans Athlete Win, NBA Pro's Ban
In this week's Off The Bench, the NCAA formally lifted restrictions on athletes transferring schools and how they can receive name, image and likeness money, West Virginia's transgender sports ban is dealt a blow by the Fourth Circuit, and betting costs an NBA player his career.
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April 19, 2024
Taxation With Representation: Kirkland, Cleary, O'Melveny
In this week's Taxation With Representation, Resideo Technologies Inc. announced plans to buy Snap One Holdings Corp., APi Group said it bought an elevator maintenance company, Prysmian said it agreed to purchase Encore Wire, and Sayari said it closed on an investment from TPG.
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April 19, 2024
Twitter Can't Sink Age Bias Suit Over Post-Musk Layoffs
A California federal judge has refused to throw out a former Twitter employee's proposed class action alleging that a wave of layoffs following Elon Musk's acquisition of the social media platform now called X disproportionately pushed out older workers, saying the suit had enough detail to stay in court.
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April 18, 2024
'Severe Impact' If HBCUs Paid Athletes, NLRB Judge Told
A commissioner of an athletic conference for historically black colleges and universities testified Thursday in a hearing before a National Labor Relations Board judge that being forced to pay student-athletes a salary and treat them as employees would have a "severe impact" on those institutions.
Expert Analysis
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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.
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NCAA's Antitrust Litigation History Offers Clues For NIL Case
Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.
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SAG-AFTRA Contract Is A Landmark For AI And IP Interplay
SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.
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Reducing Carbon Footprint Requires A Tricky Path For CRE
As real estate owners find themselves caught between rapidly evolving environmental, social and governance initiatives and complicated societal debate, they will need to carefully establish formal plans to remain both competitive and compliant, say Michael Kuhn and Mahira Khan at Jackson Walker.
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Ore. Insurance Ruling Opens Door To Extracontractual Claims
The Oregon Supreme Court's recent Moody v. Oregon Community Credit Union decision expanding an insurer's potential liability when adjusting life insurance policies exposes insurers to extracontractual tort liability, and the boundaries of this application will likely be tested through aggressive legal action, says Tessan Wess at GRSM50.