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California
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May 08, 2025
Apple Asks 9th Circ. To Pause New App Store Injunction
Apple has asked the Ninth Circuit to pause parts of a California federal court's new injunction mandating changes to its App Store policies, issued after finding Apple violated a previous order, saying the "punitive" measures force it to give away free access to its products.
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May 08, 2025
Judge Asks DOJ To Define DEI In Health Grant Case
A Massachusetts federal judge on Thursday ordered U.S. Department of Justice lawyers to provide the Trump administration's definitions of diversity, equity and inclusion, saying he needs to know so he can consider whether that is a valid basis for pausing federal health research grants.
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May 08, 2025
PTAB Labels Decision Ending Hulu Fights As Informative
The Patent Trial and Appeal Board has designated as informative an April decision where the acting head of the U.S. Patent and Trademark Office ended Hulu's challenges to a patent on inserting ads in media content.
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May 08, 2025
Instacart, Partiful Allegedly Infringed 'FIZZ' TM To Target Gen Z
Silicon Valley-based social media platform Fizz Social Corp. has accused Instacart and Partiful of ripping off its event planning platform's "FIZZ" trademark to launch a rival "Fizz app" that specifically targets the so-called Gen Z demographic, according to a trademark infringement and anti-cybersquatting lawsuit filed in California federal court.
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May 08, 2025
9th Circ. Says Oil Co. Marine Policy Doesn't Cover $8M Award
Lloyd's underwriters don't owe coverage for an $8.1 million award to the employer of a deckhand who was injured by defective mooring at a natural gas extraction platform, the Ninth Circuit held, saying coverage wasn't triggered under the platform owner's charterers legal liability policy.
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May 08, 2025
Elizabeth Holmes Loses Bid For Full 9th Circ. Rehearing
The Ninth Circuit said Thursday it will not reconsider a panel decision refusing to throw out the conviction and 11-year prison sentence of Theranos Inc. founder Elizabeth Holmes.
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May 08, 2025
Wilson Sonsini M&A Ace Moves To Cooley In Silicon Valley
Cooley LLP is growing its transactions team, announcing Thursday that it is bringing in a Wilson Sonsini Goodrich & Rosati PC mergers and acquisitions pro as a partner in its Silicon Valley office in Palo Alto, California.
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May 08, 2025
Fix For Roster Limits In NCAA's NIL Deal Awaits Judge's Nod
Current and prospective college athletes whose spots on their team rosters were jeopardized by the NCAA's settlement of a name, image and likeness antitrust class action will be allowed to play again, according to the latest version of the deal, which a California federal judge found last month needed a revision.
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May 07, 2025
J&J Unit's Catheter Tying Policy Hurt Rival, Antitrust Jury Told
Innovative Health's CEO told a California federal jury considering its antitrust claims Wednesday that Johnson & Johnson unit Biosense Webster enforced a policy to cut off support to hospitals that didn't use its catheters after Innovative received FDA approval to reprocess Biosense's electrophysiology catheters, devastating Innovative's business.
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May 07, 2025
Girardi Hospitalized Ahead Of Mental Evaluation Hearing
Disbarred attorney Tom Girardi was hospitalized Wednesday for a liver problem and is unable to attend a scheduled hearing Thursday before a California federal judge who is evaluating his mental health to determine if he should be sent to prison, according to a filing with the court by his attorneys.
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May 07, 2025
Ex-OneTaste Staffer Says She Was Sexually Exploited
A former salesperson for OneTaste on Wednesday testified in the forced labor trial of its former top leaders that she was traumatized and "lost touch with reality" during her time working for the sexual wellness company, and felt coerced into taking part in unwanted sexual acts.
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May 07, 2025
9th Circ. Judge Suggests Sidelining Peers To Curb Injunctions
With the U.S. Supreme Court set for a seminal showdown over nationwide injunctions, observers are advocating wide-ranging outcomes, and a Ninth Circuit judge entered the fray Wednesday by proposing that district judges be blackballed for blatant overreach or perceived bias.
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May 07, 2025
HUD Blocked From Withholding Grants Over DEI Policies
A Washington federal judge on Wednesday temporarily blocked the Trump administration from forcing New York City, Boston, San Francisco and Seattle's county to adhere to policies against diversity, equity and inclusion or risk losing federal funds for homeless services, saying the strings attached are likely unconstitutional.
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May 07, 2025
Calif. Tribe Says State's Overcharges Void Gaming Compact
A California tribe is asking a federal court to declare that its gaming compact is unenforceable, arguing that it has paid millions more into special funding programs than the state's actual annual cost of regulating its Class III gaming operations.
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May 07, 2025
Perkins Coie's DQ Applies To MoFo Co-Counsel, IP Judge Told
FaceTec Inc. told a California federal judge it plans to seek to disqualify Morrison Foerster LLP from representing Jumio Corp. in patent infringement litigation involving facial recognition technology, arguing the law firm previously served as co-counsel with recently disqualified Perkins Coie LLP and therefore can't now replace Perkins Coie.
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May 07, 2025
Roku's GC Steps Down After Less Than A Year In The Role
Roku Inc.'s general counsel Louise Pentland is leaving the company to "pursue another opportunity," a move that comes less than a year after Pentland joined the company, according to a disclosure filed Wednesday with the U.S. Securities and Exchange Commission.
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May 07, 2025
NexStep Wants High Court To Look At Comcast Patent Fight
NexStep Inc. has asked the U.S. Supreme Court to review the standard for an expert's testimony under a doctrine allowing patent holders to claim infringement if an accused product is similar enough to the patented invention, the latest move in a dispute with Comcast.
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May 07, 2025
Girardi Keese Ex-CFO Will Cop To Client Theft In Chicago
Girardi Keese's former chief financial officer will plead guilty in federal prosecutors' Chicago case alleging he and a relative of now-disbarred Tom Girardi helped the disgraced former legal titan steal millions from clients, according to his Wednesday request that the judge handling the case accept his anticipated plea remotely.
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May 07, 2025
Upstart Says SEC Has Ended Probe Into AI, Loan Disclosures
The U.S. Securities and Exchange Commission has closed an investigation into online lender Upstart's disclosures around the use of artificial intelligence for underwriting and loans, according to the firm's latest agency filing.
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May 07, 2025
9th Circ. Axes Fired University Worker's 1st Amendment Fight
The Ninth Circuit on Wednesday refused to revive a lawsuit claiming two former University of Arizona officials fired a health sciences employee because of his husband's criticisms of a hiring process, saying the administrators are immune from the worker's free speech claim.
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May 07, 2025
16 States Sue DOT Over EV Charging Infrastructure Funds
The Trump administration has illegally cut off congressionally approved funding for electric-vehicle charging infrastructure projects, a group of states alleged in a federal lawsuit filed on Wednesday.
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May 07, 2025
Wells Fargo Forced Short Sales Despite CARES Act, Suit Says
Wells Fargo forced the short sale of a North Carolina woman's home by denying her forbearance on her mortgage as mandated under federal law at the onset of the COVID-19 pandemic, she alleged in a proposed class action filed in California federal court.
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May 07, 2025
Polsinelli Lands Energy Vet From Pillsbury In San Francisco
Polsinelli PC said Wednesday it is boosting its new project finance group by bringing in a Pillsbury Winthrop Shaw Pittman LLP energy and infrastructure project expert as a principal in its San Francisco office.
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May 07, 2025
LA Firm Sues Fisher Phillips Over 'Ridiculous' SLAPP Suit
A Los Angeles employment lawyer has sued Fisher Phillips for malicious prosecution, alleging the international labor firm targeted him with a "frivolous Rube Goldberg-esque legal argument" in an attempt to block him from representing workers at a Southern California diner chain in claims against their employer.
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May 07, 2025
Feds Seek 13 Years In Avenatti's California Resentencing
California federal prosecutors asked a judge Wednesday to sentence Michael Avenatti to 160 months in prison for tax fraud and stealing from clients, to be served atop the five-year term imposed in a pair of New York cases where Avenatti was convicted of trying to extort Nike Inc. and defrauding former client Stormy Daniels.
Expert Analysis
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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Opinion
Legal Personhood Can Give Natural Entities Their Day In Court
Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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A Defendant's Guide To 4 Common CFPB Discovery Tactics
With the Consumer Financial Protection Bureau's recent flurry of new lawsuits showing no signs of stopping, defendants should know the bureau's most relied-upon discovery strategies — and be prepared to resist them, say attorneys at Goodwin.
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Insurance Considerations For LA Wildfire Recovery
Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.
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10 Key Worker-Friendly California Employment Law Updates
New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Trump's Energy Plans For Generation, Transmission And More
The executive orders and presidential memoranda issued by President Donald Trump on the day of his inauguration, unwinding the Biden administration's energy policies and encouraging development of fossil fuels, may have significant impacts on the generation mix, electric transmission construction and the state regulatory environment, say attorneys at Polsinelli.
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LA Wildfires' Effect On Calif. Insurer Of Last Resort
Attorneys at Willkie discuss the background of California's insurer of last resort — known as the Fair Access to Insurance Requirements Plan — and examine the process of assessing member insurers and relevant recent property insurance market developments in light of the destruction from the ongoing Los Angeles wildfires.
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How PAGA Reform Can Inform Employer Strategies In 2025
While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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California's New Homeowner Law Could Hamper Foreclosures
While A.B. 2424, which took effect this month in California, gives homeowners in default additional protections, it also provides loopholes that can be used to delay foreclosure auctions, and the cost of these delays will likely be passed on to the borrower, says Stephen Britt at Severson & Werson.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.