California

  • May 17, 2022

    Enviro Groups Sue Over Biofuel Plant Expansion

    Environmental justice and advocacy groups are pushing back against approvals for a biofuel refinery expansion in Los Angeles County, which they say would bake in historic fossil fuel harms that directly affect local minority and low-income communities. 

  • May 17, 2022

    Norton Rose Adds Atty To Expand Enviro Group In DC, LA

    Norton Rose Fulbright has added an attorney with more 20 years of legal experience focused on environmental regulatory law, energy and natural resource transactions and other issues, the firm announced Monday.

  • May 17, 2022

    Parents Say Apple AirPods' Volume Ruptured Son's Eardrum

    Parents of a teenage boy in Texas are suing Apple Inc. and the manufacturer of its AirPod earbuds in California federal court, saying the boy suffered permanent hearing loss when an Amber Alert came through on his phone and the loud sound "ripped open" his eardrum.

  • May 17, 2022

    Willkie Adds Loeb & Loeb Entertainment Partner In LA

    Willkie Farr & Gallagher LLP has expanded its 9-month-old Los Angeles office by adding a Loeb & Loeb LLP entertainment transactional attorney as a partner, the firm said Monday.

  • May 16, 2022

    Doctors' Opioid Data Kept From Walgreens Stores, Judge Told

    Walgreens tracked the prescription habits of doctors but didn't make the database available to stores because it might "cloud" the judgment of a pharmacist filling a prescription, a judge heard in recorded testimony Monday in a bellwether trial over claims that Walgreens and others illegally fueled San Francisco's opioid epidemic.

  • May 16, 2022

    9th Circ. Revives FCRA Suit Against Citi Home Lending Unit

    A Ninth Circuit panel on Monday revived a consumer credit reporting suit against CitiMortgage Inc. in an appeal that attracted interest from the Consumer Financial Protection Bureau, which has been pushing back on what it views as overly narrow interpretations of furnishers' dispute investigation obligations.

  • May 16, 2022

    Tesla Loses TRO Bid In IP Theft Suit Against Engineer

    A California federal judge refused Monday to issue a temporary restraining order against an ex-Tesla engineer accused of stealing trade secrets related to Tesla Inc.'s "Project Dojo" supercomputer technology, telling Tesla's counsel the electric vehicle maker's TRO bid lacks evidence and that "I'm not invading a man's privacy just because you're worried."

  • May 16, 2022

    Court Declines To Lift Blockade On Water Laws Targeting Pot

    A California federal judge has declined to lift an injunction on two Northern California county ordinances that require strict permits for the transport of water, saying that while the local laws were enacted to quash illegal cannabis farms, they've caused harm to a group of Hmong farmers.

  • May 16, 2022

    Google Advertisers' $7M Deal In False Traffic Suit OK'd

    A California federal court has preliminarily approved a $7 million settlement Google LLC reached with advertisers to resolve their proposed class action accusing the tech behemoth of failing to refund advertising publishers and their clients after shutting down their accounts over invalid advertising traffic.

  • May 16, 2022

    Justices Rebuff Non-Natives' Bid To Nix Calif. Property Taxes

    The U.S. Supreme Court on Monday refused to take up a petition by a group of non-Native American lessees of tribal land who had asked the court to review and reverse a California court's ruling that they must cough up state property taxes.

  • May 16, 2022

    Edelson Slams Ex-Girardi Keese Attys' Bid To Duck Theft Suit

    Edelson PC says allegedly untimely fee agreements shouldn't foreclose contract and conversion claims against two former Girardi Keese attorneys accused of helping firm founder Thomas V. Girardi steal $2 million from plane crash victims' families.

  • May 16, 2022

    Calif.'s 'Women On Boards' Law Struck Down After Bench Trial

    A California state court judge has issued a bench trial verdict holding that a state law requiring publicly held corporations to place a minimum number of women on their boards violates the Golden State's constitution, finding the landmark measure runs afoul of its equal protection clause prohibiting sex discrimination.

  • May 16, 2022

    Users Want Cambridge Analytica Docs In Meta Antitrust Case

    Facebook consumers asked a California federal judge Friday to force parent company Meta to turn over material from its internal investigation into the Cambridge Analytica data harvesting scandal, arguing the social media giant's control over data is directly relevant to their antitrust allegations.

  • May 16, 2022

    Walrus, Sea Otters, Manatees To Get New Population Reports

    The U.S. Fish and Wildlife Service agreed Monday to produce new population reports for sea otters, walruses and manatees, species that environmental groups said have been threatened by global warming and development as the government relies on outdated information regarding their health.

  • May 16, 2022

    Justices Won't Review HP's $3B Contract Win Over Oracle

    The U.S. Supreme Court on Monday shot down Oracle Corp.'s bid for the justices to review a California appellate court's decision affirming Hewlett Packard Enterprise Co.'s $3 billion win in a two-phase trial over Oracle's alleged contract violation.

  • May 16, 2022

    LA Wants Vrbo Rental Lawsuit To Return To State Court

    The City of Los Angeles asked a judge on Friday to return its lawsuit against the vacation housing company Vrbo to state court, claiming that the state is the real party at interest.

  • May 16, 2022

    Catching Up With Delaware's Chancery Court

    Elon Musk kept himself in the spotlight with a cold-feet tweet, a Delaware municipality defended its ordinance on the disposal of fetal tissue, and a law firm got taken to task for leaving too many details out of a court filing. In case you missed any of it, here's a wrap-up of the news last week out of Delaware Chancery Court.

  • May 16, 2022

    BIA Must Rethink Asylum Bid Of Woman Who Aided Police

    The Ninth Circuit has revived a Honduran woman's bid for asylum, finding that the Board of Immigration Appeals wrongly dismissed her application by insufficiently investigating her claim to be a member of a persecuted social group that helps law enforcement.

  • May 16, 2022

    Wash. Dam Suit Not Barred By Federal Power Act, Tribe Says

    A statutory obligation that U.S. appeals courts handle cases involving Federal Energy Regulatory Commission decisions does not apply to claims under state law, according to a Washington tribe, which wants the Ninth Circuit to revive its lawsuit over Seattle's use of a hydroelectric dam.

  • May 16, 2022

    9th Circ. Won't Revive TM Suit Over 'ASU Covid Parties' Posts

    The Ninth Circuit on Friday declined to revive a trademark suit brought by Arizona State University's governing body against the anonymous owner of an Instagram account titled "asu_covid.parties" that called COVID-19 a hoax and urged students to attend parties maskless, finding that a reasonable consumer wouldn't believe the university actually ran the account.

  • May 16, 2022

    Imprisoned Avenatti's Retrial Date In Doubt Without Plane Ride

    A California federal judge overseeing a July retrial of wire fraud charges against Michael Avenatti said Monday he will contact a New York federal judge overseeing the imprisoned attorney's sentencing in a different case and ask if Avenatti can be transported by plane for the hearing to avoid a trial delay.

  • May 16, 2022

    Freshfields Adds Wilson Sonsini Tech IPO Specialist

    Freshfields Bruckhaus Deringer LLP has continued expanding in the U.S. by adding a Wilson Sonsini Goodrich & Rosati PC capital markets specialist as a partner in its Silicon Valley office, the firm announced Monday.

  • May 16, 2022

    9th Circ. Says Indian's Activism Plans Warrant Asylum Redo

    A divided Ninth Circuit panel revived an Indian political activist's asylum application, faulting the Board of Immigration of Appeals for failing to consider whether his planned political activities prevent him from safely relocating to any part of India. 

  • May 16, 2022

    USC Law Grad Drops Claims Over Rape Investigation

    The University of Southern California graduate who accused the school of rigging her sexual assault investigation in favor of the accused man has dropped her lawsuit against the university.

  • May 16, 2022

    Plains Agrees To Pay $230M For 2015 Calif. Oil Spill

    Plains All American Pipeline LP has agreed to pay $230 million to put to bed allegations it caused damage to California property owners and fishers during an oil spill seven years ago.

Expert Analysis

  • Where Judge Jackson Stands On Key Civil Procedure Issues

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    During Judge Ketanji Brown Jackson’s confirmation hearings this week, senators didn’t question her on the many procedural issues that frequently come before the U.S. Supreme Court, but a deep dive into her judicial record illuminates her stance on Article III standing, personal jurisdiction and more, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • Calif. Emission Authority Revival Is Tailwind For Stricter Rules

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    The U.S. Environmental Protection Agency’s recent reinstatement of California's authority to set tailpipe emissions standards will allow the state to set aggressive emissions and efficiency requirements that will have impacts beyond its borders, likely accelerating existing automaker trends and technologies, say Rick Rothman and Jeremy Esterkin at Morgan Lewis.

  • Lessons From Recent PPP Loan And COVID Fraud Cases

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    Following President Joe Biden's recent pledge to expand enforcement efforts against pandemic and Paycheck Protection Program loan fraud, a look at the U.S. Department of Justice's recent criminal and civil enforcement actions sheds light on its evolving priorities, say Sara Lord and Aaron Danzig at Arnall Golden.

  • How To Avoid Prematurely Publicizing A Case Outcome

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    The lessons of a recent U.K. case involving Matrix Chambers' premature social media posts that violated a court embargo are relevant in the U.S. as well, reminding law firms to ensure plans to publicize a case are shielded from accidental violations of court sealing and gag orders, says Elizabeth Ortega at ECO Strategic Communications.

  • SEC's Ripple Case Shows Limits Of Outdated Securities Test

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    The U.S. Securities and Exchange Commission’s case against Ripple Labs is just one example of its aggressive approach to defining cryptocurrencies as securities, putting the crypto industry at risk and demonstrating why a new test is needed to determine which digital assets should register with the SEC, says J.W. Verret at George Mason University.

  • Emerging Environmental Justice Concerns For Calif. Cos.

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    Both the Biden administration and California are taking concrete action to address persistent environmental inequities and climate justice, so companies with operations in the state must develop strategies for navigating related regulatory, legislative and enforcement developments, says Brian Israel at Arnold & Porter.

  • A Guide To Extrinsic Evidence In Determining Duty To Defend

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    As the eight-corners rule for the duty to defend is increasingly riddled with exceptions to its strict formulation of confining the analysis to only the language of the insurance policy and the underlying complaint, Richard Mason at MasonADR discusses the newest notable decisions and offers strategies for attorneys litigating the duty to defend.

  • Opinion

    It's Time To Hold DC Judges Accountable For Misconduct

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    On the heels of Thursday's congressional hearing on workplace protections for judiciary employees, former law clerk Aliza Shatzman recounts her experience of harassment by a D.C. Superior Court judge — and argues that the proposed Judiciary Accountability Act, which would extend vital anti-discrimination protections to federal court employees, should also include D.C. courts.

  • What Insureds Should Look For In Excess Policies

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    A recent California appellate court decision, Truck Insurance Exchange v. Kaiser Cement, demonstrates how courts will protect policyholder expectations against primary insurance carriers' actions that might restrict available excess coverage, and highlights how insureds should be diligent in reviewing excess policies on primary erosion, say Courtney Horrigan and Elizabeth Taylor at Reed Smith.

  • Why Climate Plaintiffs Are Filing Securities, Consumer Suits

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    While U.S. climate change lawsuits against carbon majors based on public nuisance tort claims have largely ended up in a procedural and jurisdictional maze, climate plaintiffs may be more successful with claims based on state securities and consumer protection laws, say Nick Dolejsi and Kyle Espinola at Zelle.

  • 4 Ways To Preserve Confidentiality Of Litigation Funding Docs

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    Though two recent rulings by Massachusetts and Illinois federal courts add to the growing body of case law denying discovery into litigation funding arrangements, prudence necessitates that lawyers, clients and funders follow certain best practices to ensure that their communications are not discoverable by opposing parties, says Stewart Ackerly at Statera Capital.

  • Playing The COVID Card: Lessons In Force Majeure Litigation

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    As contract dispute parties continue to assert force majeure arguments two years into COVID-19, a look at recent litigation shows that courts may find that continued performance or ability to perform even after the outset of the pandemic bars such claims, say Alan Mendelsohn and Dennis Tracey at Hogan Lovells.

  • Ampersand Clarifies Power Project Placed-In-Service Analysis

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    The Federal Circuit's recent ruling in Ampersand Chowchilla Biomass v. U.S. affirms a lower court's decision regarding when power generation projects were placed in service for federal income tax purposes, but also highlights that the placed-in-service analysis is not one size fits all, say David Burton and Viktoria Vozarova at Norton Rose.

  • Rebuttal

    Remote Hearings Are Ill-Suited Default For Litigation Realities

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    A recent Law360 guest article suggests that remote proceedings should be the default in civil litigation even after the pandemic, but courts should continue to give parties the option to appear in person because it can actually save long-term costs, prepare younger attorneys more effectively, and bring a necessary degree of seriousness to hearings, says Mark​ Eisen at Benesch Friedlander.

  • Perspectives

    ABA's New Anti-Bias Curriculum Rule Is Insufficient

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    The American Bar Association's recently approved requirement that law schools educate students on bias, cross-cultural competency and racism, while a step in the right direction, fails to publicly acknowledge and commit to eradicating the systemic racial inequality in our legal system, says criminal defense attorney Donna Mulvihill Fehrmann.

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