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California
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April 23, 2024
CoStar Rival Is Asking To Free Ride, 9th Circ. Told
CoStar urged the Ninth Circuit not to revive antitrust counterclaims from Commercial Real Estate Exchange Inc., despite backing from the Federal Trade Commission, arguing the rival is trying to use antitrust law to get free access to its platforms.
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April 23, 2024
Hot Spot Co. Investors' Revised $2.4M Deal Gets Initial OK
Investors in mobile hotspot-maker Franklin Wireless Corp. have received an initial green light for their $2.4 million deal to end claims the company knowingly sold devices with defective batteries that could burst into flames after a federal judge rejected an earlier iteration of the proposal.
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April 23, 2024
GoodRx Hid Revenue Reliance On Kroger, Suit Claims
GoodRx Holdings Inc. has been hit with a proposed class action alleging it concealed from investors the indispensability of its relationship with Kroger, leading to share declines when GoodRx announced revenue would be severely impacted because the grocery chain would no longer be accepting its discount codes.
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April 23, 2024
Firefighters Want LA County's Early Win Bid Axed In Hotel Suit
Los Angeles County firefighters urged a California federal judge to deny the county's bid for an early win in their suit alleging they weren't paid for time they spent quarantined in hotels during the COVID-19 pandemic, saying the motion attempts to use the courts as a "pawn to escape liability."
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April 23, 2024
Blue States Leap To Defend EPA Vehicle Emissions Rule
California and 21 other blue states, along with a smattering of cities and the District of Columbia, have told the D.C. Circuit that they want to help the U.S. Environmental Protection Agency defend its rule requiring reductions in greenhouse gas emissions from cars, trucks and vans from legal attack by red states.
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April 23, 2024
Hunton Hires Martin Marietta Assistant GC In San Francisco
Hunton Andrews Kurth LLP said Tuesday it is growing its environmental team by bringing in a land use and mining expert as a partner in the firm's San Francisco office from building supply company Martin Marietta Materials Inc., where he was assistant general counsel.
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April 23, 2024
Williams-Sonoma To Pay $3.2M Over 'Made In America' Claims
Williams-Sonoma has agreed to a $3.18 million settlement with the Federal Trade Commission for allegedly mislabeling Chinese-produced products as American-made.
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April 23, 2024
9th Circ. Won't Reinstate Pilot After High-Flying Pot Deliveries
The Ninth Circuit won't undo the Federal Aviation Administration's decision to revoke the pilot certificate of a pilot who transported cannabis within the state of Alaska, saying the state's legalization of cannabis doesn't block the FAA's rules and regulations.
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April 23, 2024
Feds Want About 3 Years In Prison For LA Bank Embezzler
The former chief financial officer at a community bank in Los Angeles should spend nearly three years in prison after admitting he embezzled more than $700,000 and used employee identities in a life insurance scheme, the government told a California federal court.
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April 23, 2024
DOJ Unveils $139M Deal For Larry Nassar Victims
The U.S. Department of Justice will pay $138.7 million to settle 139 tort claims accusing the Federal Bureau of Investigation of not doing enough to stop the sprawling, decades-long sexual abuse of hundreds of victims at the hands of USA Gymnastics physician Larry Nassar, according to a Tuesday announcement.
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April 22, 2024
Pornhub Cos. Urge Judge To Drop Trafficking Suit Claims
Attorneys for companies associated with Pornhub urged a California federal judge Monday to trim a lawsuit brought by a woman who claims she was sex trafficked by the defunct website GirlsDoPorn, saying it is full of excessive claims and that the court lacks jurisdiction over some defendants.
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April 22, 2024
Ex-Twitter Workers Can't Arbitrate Until Class Cert. Resolved
A proposed class of former employees of Twitter, now known as X, cannot yet force the company to move forward with their various employment claims in arbitration, a California federal judge determined Monday, saying the issue of class certification needs to be decided first.
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April 22, 2024
Los Angeles Sues 3M, DuPont Over 'Forever Chemicals'
The city of Los Angeles is the latest to sue 3M, DuPont and other chemical companies over contamination caused by "forever chemicals," saying the substances from firefighting foam leech into the environment and that the companies "should pay to help clean up the mess that they created."
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April 22, 2024
PacWest Wants Suit Over Alleged Rate Hike Exposure Axed
PacWest Bancorp has urged a California federal judge to toss a proposed class action from an investor who alleges the California regional bank ignored warning signs posed by last year's collapse of Silicon Valley Bank, saying the fact that it did not anticipate the "unprecedented turmoil in the banking industry" is not a violation of federal securities laws.
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April 22, 2024
Real Estate Investment Cos. Owe SEC $8.4M For $17.5M Fraud
A pair of companies allegedly used in service of a fraudulent real estate investment scheme will pay over $8.4 million to end claims they were part of the $17.5 million ploy that took in more than 150 would-be investors with claims that the securities involved were "recession-proof."
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April 22, 2024
Ex-Tech CEO Gets 18 Months, $1M Fine For Investor Fraud
The former CEO of software company HeadSpin Inc. will spend 18 months in prison and pay a $1 million fine after pleading guilty to wire fraud and securities fraud for cooking the books as he pitched investors and raised over $100 million.
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April 22, 2024
Social Media MDL Attys Ordered To Sort Out Confidentiality
A California federal judge presiding over discovery in multidistrict litigation over whether social media platforms' design is addictive warned parties at a hearing Monday not to ask him to resolve disputes over confidentiality designations, asking repeatedly, "Why do they matter?" and saying, "These are the kinds of things that lawyers should work out."
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April 22, 2024
9th Circ. Backs Class Cert. In Pet Supplement False Ad Suit
The Ninth Circuit on Monday upheld certification of a consumer class accusing health supplement company Nutramax of falsely marketing Cosequin as promoting healthy joints in dogs, saying an economics expert could use a generic and "otherwise reliable" damages model without applying it specifically to the class at this stage.
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April 22, 2024
Ship Captain Can't Get New Trial Over Boat Fire That Killed 34
A California federal judge on Monday denied a new trial bid by a captain convicted of manslaughter in connection with a deadly boat fire, rejecting his argument that the judge issued an erroneous jury instruction, causing the jury to overlook a lesser alternative charge of gross negligence endangering a person's life.
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April 22, 2024
Exec In Insider Trading Case Says Feds Denied Him Counsel
The former CEO at the center of a novel insider trading case is asking that the California jury deciding his fate not be allowed to hear evidence obtained during a pre-indictment interrogation, arguing he was denied access to an attorney despite insisting on speaking to counsel at least a dozen times.
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April 22, 2024
$1 Awarded To Software Co. Splunk In Copyright Fight
A California federal jury on Monday awarded software company Splunk a single dollar in damages in a suit accusing rival Cribl of copyright infringement.
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April 22, 2024
E-Truck Maker Rivian Faces Investor Suit Over Sales Slump
Electric-vehicle manufacturer Rivian Automotive Inc. has been hit with a proposed class action alleging it misled investors by overstating the demand for its products and downplaying the impact historically high interest rates were having on its customers' shopping habits.
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April 22, 2024
Palo Alto Networks Execs Face Suit Over Misleading Outlook
Executives and directors of cybersecurity company Palo Alto Networks have been hit with a shareholder derivative suit in California federal court alleging they misled investors about the success of its platform consolidation strategy, which was expected to result in lucrative government contracts.
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April 22, 2024
Opioid Marketer Completes $1.5M Damages Settlement With Del.
Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.
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April 22, 2024
Broker In Penny Stock Scheme Says SEC Is Forum Shopping
A former California securities broker serving a prison term for a $150 million pump and dump scheme said Monday that a companion civil case brought by the Securities and Exchange Commission does not belong in Massachusetts.
Expert Analysis
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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A Review Of 2023's Most Notable Securities Litigation
There is much to be learned from the most prominent private securities cases of 2023, specifically the Tesla trial, the U.S. Supreme Court's Slack decision and the resolution of Goldman Sachs litigation, but one lesson running through all of them is that there can be rewards at the end of the line for defendants willing to go the distance, say attorneys at Fried Frank.
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Practical Insights For Employers Using AI
Keeping up with the relentless pace and evolution of regulatory and legislative artificial intelligence in 2023 has been a challenge for employers, but there are four takeaways employers using AI in the workplace should consider by looking toward developments like the European Union's AI Act and President Joe Biden's AI executive order, say attorneys at Gibson Dunn.
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ESG Investing Caught In Culture War Crosshairs In 2023
As 2023 draws to a close, ESG investing remains a raging battleground in the U.S. culture wars, as illustrated by the array of legislative efforts across the country aimed variously at restricting or promoting the use of ESG investing — but it remains to be seen what practical impact, if any, these laws will have, say Amy Roy and Robert Skinner at Ropes & Gray.
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Issues High Court Is Weighing In Gov't Social Media Cases
Two U.S. Supreme Court cases aim to resolve a circuit split on whether public officials who block commenters from their personally created accounts are acting "under color of" state law, and the justices are grappling with determining how canonical legal principles will fit into a shifting landscape driven by advances in technology, says Alyssa Howard at Zuckerman Spaeder.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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3 Types Of Evidence Excluded Pretrial In 2023 TM Cases
Dylan I. Scher at Quinn Emanuel reviews three areas of rulings on motions in limine from 2023 where parties successfully excluded evidence in a trademark dispute, for legal practitioners to consider for future cases.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Comparing Christmas Carols: IP Issues In Mariah Carey Case
All that plaintiffs Andy Stone and Troy Powers want for Christmas this year is $20 million in damages from Mariah Carey in a federal copyright suit claiming her hit "All I Want For Christmas Is You" infringed on their earlier song by the same name, but they will have an uphill battle in demonstrating substantial similarity, says forensic musicologist Ethan Lustig.
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5th Circ. Ruling Sets Bostock, Faith Exemption Up For Review
The Fifth Circuit's Braidwood v. Equal Employment Opportunity Commission decision could tee up U.S. Supreme Court review of whether employing an individual to whose protected class the employer objects infringes on the employer's religious beliefs, potentially narrowing LGBTQ worker protections from the high court's 2020 Bostock v. Clayton County decision, says Adam Grogan at Bell Law.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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7 Critical Copyright And AI Questions Courts Need To Address
U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.
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Why E-Commerce Tools Are Under Fire Amid Privacy Lawsuits
As lawsuits try to shoehorn new technologies into decades-old privacy laws never intended for the digital age, e-commerce tools and the companies that use them are increasingly at risk, and retailers should act now to minimize their potential exposure, say attorneys at Benesch.
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Alcohol's E-Commerce Spike Brings Regulatory Dilemmas
In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.