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June 03, 2024
Ex-SoftBank GC Joins Foley & Lardner As Partner In SF
Foley & Lardner LLP has hired SoftBank Investment Advisers' former general counsel, who has over a decade of experience in private practice and serving as in-house counsel overseeing SoftBank's legal team, which structured and monitored more than 300 portfolio companies worth more than $130 billion.
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June 03, 2024
Biotech Firm, Mobile App Prepare To Enter IPO Fray
Biotechnology firm Rapport Therapeutics Inc. and Australian-listed mobile-sharing app Life360 Inc. unveiled plans on Monday for initial public offerings that are estimated to raise about $311 million combined this week, under guidance from three law firms.
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June 03, 2024
Split Fed. Circ. Backs EcoFactor's $20M Trial Win Over Google
The Federal Circuit on Monday affirmed that Google should pay EcoFactor $20 million for infringing its smart thermostat patent, but one judge took issue with allowing the damages to stand, saying her colleagues' ruling "at best muddles our precedent and at worst contradicts it."
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June 03, 2024
Holland & Knight Hires 3 Ex-Loeb Partners In LA
Holland & Knight announced on Monday the hiring of three former finance partners at Loeb & Loeb, including its vice chair, for its Los Angeles office.
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June 03, 2024
Ropes & Gray Guides Becton On $4.2B Edwards Unit Buy
Ropes & Gray LLP is guiding Becton Dickinson and Co. on a deal that will see the medical technology company pay $4.2 billion for Edwards Lifesciences' critical care product group, which focuses on patient monitoring using artificial intelligence, the companies said Monday.
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June 03, 2024
Calif. Justices Free Woman From Misdemeanor Pot Charges
The California Supreme Court has thrown out misdemeanor cannabis-related charges against an 85-year-old woman, finding the trial court was within its discretion to consider her lack of knowledge of the unlicensed operation happening in her building.
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June 03, 2024
Cloud Tech Co. CalAmp Hits Ch. 11 For Debt Equity Swap
California-based cloud technology developer CalAmp Corp. filed for Chapter 11 bankruptcy on Monday in Delaware bankruptcy court, saying it entered a restructuring deal with lender Lynrock Lake Master Fund LP that would swap approximately $229 million of secured notes into equity interests in the reorganized business.
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June 01, 2024
Blockbuster Summer: 10 Big Issues Justices Still Must Decide
As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.
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May 31, 2024
Live Nation Confirms Data Breach Days After Consumer Suit
Live Nation confirmed in a U.S. Securities and Exchange Commission filing Friday that there was "unauthorized activity" in a third-party database and that a hacker claimed to have Ticketmaster consumer data for sale on the dark web, days after a lawsuit alleged the companies failed to secure customer data.
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May 31, 2024
Chobani Founder To Reopen Anchor Brewing In San Francisco
Chobani Inc. founder Hamdi Ulukaya said Friday that he had acquired San Francisco-based Anchor Brewing Co., which closed its doors last year, calling it "the grand jewel" and promising to "bring it back stronger than ever before."
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May 31, 2024
Fiji Water Beats $2M Breach-Of-Contract Verdict On Appeal
California appellate justices on Thursday dismissed Carolina Beverage's $2 million jury win in a contract case accusing Fiji Water of violating their distribution deal by selling Fiji directly to retailers, finding that the agreement wasn't constructively terminated because Carolina Beverage continued to deliver Fiji products to retailers, pursuant to their contract.
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May 31, 2024
Girardi Not Famous Like Avenatti, Feds Say In Panning Jury Form
Prosecutors pushed back Friday on Tom Girardi's request to ask prospective jurors in his California federal fraud trial if they have seen his wife's television show or reports about his law firm's scandal, saying Girardi's fame is not similar to convicted attorney Michael Avenatti's, whose case included a written juror questionnaire.
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May 31, 2024
'You Didn't Do It': Antitrust Judge Rips Apple's Doc Production
A California federal judge deciding whether Apple complied with her ban on App Store anti-steering rules ordered Apple for a second time Friday to produce documents, telling Apple's counsel "the whole point" is to get documents relevant to Apple's decision-making regarding its new 27% fee "and you didn't do it."
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May 31, 2024
Dunkin' Near Tossing Milk-Alternative Bias Case, For Now
A California federal judge indicated Friday she's inclined to dismiss a proposed class action claiming Dunkin Donuts LLC violates the Americans with Disabilities Act by charging extra for beverages with nondairy milk, but said she'll likely allow the plaintiff customers to amend their complaint.
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May 31, 2024
Samsung Strikes First With Smart Ring IP Suit Against Oura
Samsung has yet to announce a release date for its new Galaxy Ring brand of wearable, health-tracking devices, but it has filed an intellectual property suit in California federal court Thursday targeting a Finnish startup that makes its own line of smart rings.
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May 31, 2024
PTAB Upholds Medtronic Bladder Control Patents On Remand
The Patent Trial and Appeal Board affirmed Medtronic patents covering a sacral stimulation system after Federal Circuit judges ordered the board last year to give the maker of a rival bladder and bowel control device another shot at knocking those patents out.
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May 31, 2024
Chinese Nationals Nabbed In $12M Counterfeit Apple Scam
The U.S. Department of Justice announced Friday that five Chinese nationals are accused of running a massive scheme to return thousands of counterfeit iPhones, iPads and other Apple products in exchange for genuine devices, costing the tech company at least $12.3 million in losses.
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May 31, 2024
Subaru Drivers Reach Class Deal Over Defective Fuel Pumps
A group of Subaru of America Inc. drivers asked a New Jersey federal judge Thursday to greenlight a settlement resolving proposed class claims that they bought or leased cars containing defective fuel pumps, saying the deal would provide "concrete, real-world benefits" via reimbursements and extended warranties.
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May 31, 2024
9th Circ. Affirms Toss Of Health Center's $8M Cigna Row
The Ninth Circuit on Friday declined to revive a suit from a holding company for a drug and alcohol treatment center claiming Cigna forced it into bankruptcy by not paying more than $8 million in authorized claims, finding the health insurer did not abuse its discretion in denying the payments.
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May 31, 2024
Real Estate Recap: Courthouse Facelifts, Appraisal Bias
Catch up on this week's key developments by state from Law360 Real Estate Authority — including how federal money will refresh seven courthouses around the country and what Freddie Mac's former multifamily appraisal chief thinks about appraisal bias and market distress.
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May 31, 2024
Zillow Rival Tells 9th Circ. Listing Snub Not 'Optional'
Defunct brokerage platform REX-Real Estate Exchange Inc. urged the Ninth Circuit to revive its deceptive practices suit against Zillow, arguing a Washington federal judge wrongly let the property listing giant off the hook for relegating REX home sale listings to a secondary tab on its website.
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May 31, 2024
Orrick's $8M Deal To End Data Breach Claims Nears Prelim OK
A California federal judge indicated Friday that she'll preliminarily approve Orrick Herrington & Sutcliffe LLP's $8 million deal to end putative class claims over a 2023 data breach that purportedly exposed personal information for 638,000 individuals, but said the "very broad" scope of the settlement's release "raised my eyebrows."
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May 31, 2024
Online Comic Platform Webtoon Joins Growing IPO Pipeline
Online cartoon platform Webtoon Entertainment Inc. on Friday filed plans for an initial public offering, guided by Kirkland & Ellis LLP and underwriters' counsel Davis Polk & Wardwell LLP, joining a growing roster of IPO candidates for June.
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May 31, 2024
9th Circ. Says LA's COVID-19 Eviction Ban Was No Taking
The Ninth Circuit on Friday declined to reinstate a Los Angeles landlord's $100 million suit challenging the city's pandemic-era eviction ban, finding it didn't constitute a physical taking since the landlord "voluntarily opened" his property to tenants, and that loss of rental income itself doesn't establish a governmental taking.
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May 31, 2024
Haleon Sued Over 'Natural Flavors' Emergen-C Labels
Pharma giant GlaxoSmithKline Consumer Healthcare Holdings, now Haleon PLC, was hit with a proposed class action in California federal court by two consumers who allege the company falsely labels its vitamin C drink mix as containing natural flavors even though its made with artificial ingredients.
Expert Analysis
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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.
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The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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Lessons For D&O Policyholders From Pharma Co. Ruling
A California federal court's recent decision in AmTrust v. 180 Life Sciences, requiring insurers to advance defense costs for a potentially covered claim, provides a valuable road map for directors and officers insurance policyholders, rebutting the common presumption that a D&O insurer's duty to advance costs is more limited than under other policies, say attorneys at Pasich.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Regulatory Trends Offer 4 Lessons For Debt Relief Providers
A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.