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California
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May 23, 2024
Fisher Phillips Reinforces Calif. Labor And Employment Team
Fisher Phillips has hired two of counsel in its Irvine, California, office to continue representing employers and helping those clients navigate a range of labor and employment matters.
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May 23, 2024
DOJ Sues Live Nation 14 Years After Ticketmaster Deal
The U.S. Department of Justice sued Live Nation Thursday over the 2010 agreement clearing the concert promotion giant's purchase of Ticketmaster, an oft-maligned deal that enforcers now want to unwind and that is blamed for fiascoes like the meltdown of ticket sales for Taylor Swift's Eras tour.
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May 23, 2024
Wow Such Basic: Justices Back Crypto Fans In Dogecoin Duel
It's up to judges, not arbitrators, to figure out whether contracts between businesses and consumers have subtly superseded earlier agreements to hash out disputes in arbitration rather than litigation, the U.S. Supreme Court ruled Thursday.
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May 23, 2024
Akerman Brings On Kilpatrick Tax Ace In LA
Akerman LLP is boosting its tax team, bringing in a Kilpatrick Townsend & Stockton LLP corporate tax and energy tax credit expert as a partner in its Los Angeles office.
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May 22, 2024
Stubhub, Attys Beat Sanctions Bid For Lost Hyperlinked Docs
A California federal magistrate judge on Monday rejected a request for sanctions against StubHub and its counsel over problems finding hyperlinked documents in a case brought by consumers seeking refunds for events that were canceled or rescheduled due to COVID-19, saying the court's order requiring their production was "in most cases impossible to comply with."
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May 22, 2024
Caesars Escapes Privacy Suit Over Online Video Games
A New Jersey federal judge on Wednesday tossed without prejudice a proposed class action accusing Caesars of illegally sharing the personal identifying information of those who played video games on its casino website, saying the online games are not covered under the law the plaintiff alleges the casino violated.
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May 22, 2024
Calif. Justices Debate Time To Sue To Change Insurer's Practices
A California state attorney urged the California Supreme Court on Thursday to revive a policyholder's Unfair Competition Law claim against State Farm, saying the law's four-year statute of limitation applies over an insurance law's one-year period because the policyholder is seeking a change to its claim-handling practices, not damages.
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May 22, 2024
Ex-Google Manager Says He Lost Job For Reporting Nepotism
A former Google senior manager has sued the search giant in California state court, claiming he was fired for reporting on superiors using their positions to secure sought-after spots for their children in Google's apprentice program.
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May 22, 2024
Salesforce Gets Texas Judge To Move Patent Suit To California
For at least the second time in a week, a federal judge in Austin, Texas, has explained why he has shipped a patent lawsuit from his court to the Northern District of California — this time in a case brought by a bankrupt startup against one of Salesforce's brands.
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May 22, 2024
Caterer Says $50M Asiana Airlines Award Must Be OK'd
A catering company has asked a California federal court to enforce its $50 million arbitral award against Asiana Airlines, saying a South Korean court already rejected the carrier's argument that the underlying contract was only signed in exchange for a bribe paid to its disgraced former chairman.
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May 22, 2024
Antitrust Judge Questions Apple's Phil Schiller On New Fees
A California federal judge deciding whether Apple has complied with her ban on App Store anti-steering rules questioned Apple fellow Phil Schiller on Wednesday on Apple's new program imposing 27% fees on out-of-app transactions, saying "all the new program does is maintain the anti-competitive environment" for the company's benefit.
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May 22, 2024
Record Co. Worker Can't Appeal Before Nirvana Logo Trial
A former record company employee who claims he created Nirvana's "smiley face" logo can't immediately appeal a ruling denying his ownership claim or delay trial in the band's copyright suit against designer Marc Jacobs International LLC over the logo, a California federal judge has ruled.
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May 22, 2024
9th Circ. Denies States' Bid To Weigh In On Asylum Limits
A split Ninth Circuit on Wednesday denied several states' motion to intervene in the Biden administration's bid to settle a lawsuit challenging a rule limiting asylum, saying the states lack interests warranting their involvement in settlement negotiations.
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May 22, 2024
Youths Take Second Crack At Constitutional Climate Suit
A group of young plaintiffs on Monday made their second attempt at a lawsuit alleging that the Constitution guarantees "a life-sustaining climate system" and that the federal government unconstitutionally discriminates against children by favoring the fossil fuel industry's interests over children's.
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May 22, 2024
Likely NCAA Deal Negates Need For Transfer, Athletes Say
Athletes suing the National Collegiate Athletics Association in Colorado over compensation rules have told a Colorado federal judge that the NCAA may have undermined its own bid to transfer the suit to California, citing recent news reports that the NCAA is in settlement talks in two other cases in the Northern District of California.
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May 22, 2024
Mich. Judge Not Satisfied By Atty's Letter Over Flint PR Stunt
The federal judge overseeing Flint, Michigan, water crisis cases isn't satisfied with a California attorney's letter denying involvement in an alleged smear campaign targeting a lawyer for Flint children, saying Wednesday that if the attorney doesn't provide more substantive information, she will be referred to the State Bar of California.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
Carpenter Sues Union Healthcare Plan After Losing Coverage
A union healthcare plan violated the Employee Retirement Income Security Act when it stopped working with a Bay Area insulation company whose union contract expired, a new proposed class action filed in California federal court alleges.
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May 22, 2024
Hunter Biden's Calif. Tax Trial Pushed From June To Sept.
A California federal judge on Wednesday moved Hunter Biden's criminal tax trial from June 20 to September over objections from the government and after Biden's attorney said the upcoming date is too close to his client's June 3 gun trial in Delaware, although the judge said no more extensions will be given.
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May 22, 2024
Stryker Agrees To Settle Calif. Misclassification Suit
Medical device company Stryker told a California federal court Wednesday it has agreed to settle a proposed class action accusing it of misclassifying workers as overtime-exempt and failing to pay them overtime during their mandatory training.
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May 22, 2024
WeChat Users Must Arbitrate Privacy Row, Calif. Panel Says
California appellate justices said Monday that WeChat users must arbitrate their proposed class action accusing Tencent of using politically motivated practices to censor their communications, saying plaintiffs can't argue they never agreed to terms of service with the arbitration provision while also basing their complaint on those same terms of service.
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May 22, 2024
NY Judicial Nominee Defends Record Amid GOP Criticism
A judicial nominee for a New York federal court stood by her ruling allowing an inmate convicted of sex offenses to transfer from a male to female prison, amid concerns from Republicans that led to some dramatics Wednesday in a congressional hearing room.
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May 22, 2024
200th Lifetime Judge Confirmed Under Biden
The U.S. Senate voted 66-28 on Wednesday to confirm U.S. Magistrate Judge Angela M. Martinez as U.S. district judge in the District of Arizona, marking the 200th lifetime federal judicial confirmation under President Joe Biden.
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May 22, 2024
Data Storage Co. Says Seagate Stole Info For New Product
New Jersey data storage company Access Optical Networks Inc. has sued competitor Seagate Technology LLC in California state court, alleging its rival stole trade secrets to advance development of a new storage product — all while pretending to want to develop a business relationship with AON.
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May 22, 2024
Dickinson Adds Ex-Sheppard Mullin IP Pro In Silicon Valley
Dickinson Wright PLLC said Wednesday that it has added a former Sheppard Mullin Richter & Hampton LLP partner as the newest member of its Silicon Valley office.
Expert Analysis
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.
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Compliance Steps After ABA White Collar Crime Conference
Senior law enforcement officials’ statements this month at the American Bar Association's white collar crime conference suggest government enforcement efforts this year will increasingly focus on whistleblower incentives, artificial intelligence and data protection, and companies will need to update their compliance programs accordingly, say attorneys at Baker McKenzie.
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Cannabis Case Lights Up Benefits Of Creative IP Protection
A recently filed California federal court case, The Holding Company v. Pacific West Distributors, illustrates potential creative strategies cannabis companies can use to build intellectual property rights, such as combining federal and state registrations for copyrights and trademarks, say attorneys at Seyfarth.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Md. May See Vigorous Resale Price Maintenance Enforcement
In Maryland, indications of a new focus on resale price maintenance agreements are significant because state prosecution in this area has been rare, particularly outside California, say attorneys at DLA Piper.
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Infringement Policy Lessons From 4th Circ. Sony Music Ruling
The Fourth Circuit's recent decision in Sony Music v. Cox Communications, which in part held that the internet service provider was liable for contributing to music copyright infringement, highlights the importance of reasonable policies to terminate repeat infringers, and provides guidance for litigating claims of secondary liability, say Benjamin Marks and Alexandra Blankman at Weil.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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For Now, Generative AI Is Risky For Class Action Counsel
Although a recent survey showed most in-house counsel think that their outside counsel should be using generative artificial intelligence "in some way" in class action work, the technology is more a target for class actions than it is a tool to be used in practice at present, says Matthew Allen at Carlton Fields.
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The Epic Antitrust Cases And Challenges Of Injunctive Relief
The Epic cases against Apple and Google offer a window into the courts' considerable challenges in Big Tech litigation and establishing injunctive relief that enhances competition and benefits consumers, say Kelly Lear Nordby and Jon Tomlin at Ankura Consulting.
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Steps To Reduce CIPA Litigation Risks For Companies
As class action claims brought under the California Invasion of Privacy Act continue to advance new theories under an old law to target companies for commonplace website and app activities, there are steps that organizations can take to reduce exposure and strengthen their defenses against such lawsuits, say attorneys at Hintze Law.
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How Calif. Video Recording Ruling May Affect Insured Exams
A recent California appellate decision, Myasnyankin v. Nationwide, allowing policyholders to video record all parties to an insurance examination under oath, has changed the rules of the road for EUOs and potentially opened Pandora's box for future disputes, say John Edson and Preston Bennett at Sheppard Mullin.
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2026 World Cup: Companies Face Labor Challenges And More
Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.
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Avoiding Jurisdictional Risks From Execs' Remote Work
Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.
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Legal Considerations For Circular Economy Strategies
As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.