California

  • September 28, 2022

    Littler Lands Trade Secrets, E-Discovery Talent In 2 Offices

    Labor and employment firm Littler Mendelson PC continues its expansion by adding two attorneys as shareholders — a Singer Cashman LLP trade secrets expert in San Francisco and an Ogletree Deakins Nash Smoak & Stewart PC e-discovery pro in Kansas City, Missouri.

  • September 28, 2022

    Sneaker-As-Art Argument Divides 2nd Circ. In Vans TM Case

    A Second Circuit panel pondered Wednesday whether a Brooklyn art collective's "Wavy Baby" sneaker infringes Vans Inc.'s "Old Skool" shoe trademarks, with one judge envisioning protected parody speech by the collective and a second seeing run-of-the-mill marketplace infringement.

  • September 28, 2022

    Employment Atty Returns To Latham In Bay Area

    A veteran litigator specializing in labor and employment matters has returned to Latham & Watkins LLP's San Francisco office nearly 25 years after leaving.

  • September 28, 2022

    Ex-Argonne Nat'l Lab GC Takes New Roles At Aerospace Corp.

    The Aerospace Corp., a nonprofit research and federally funded space exploration and development organization, has tapped the former general counsel of Argonne National Laboratory as its next general counsel, senior vice president and secretary, the group recently announced.

  • September 28, 2022

    Musk Asks 2nd Circ. To Lift SEC's Twitter 'Muzzle'

    Outspoken billionaire Elon Musk has told the Second Circuit that he should be allowed to tweet about Tesla without prior authorization from the company, asking the court to lift "a government-imposed muzzle" created under a consent decree he signed with the U.S. Securities and Exchange Commission in 2018.

  • September 28, 2022

    Film Industry Pension Board Can't Skirt Designer's ERISA Suit

    A California federal judge said the board of the Motion Picture Industry Pension Plans must face a federal benefits suit brought by the set designer for "Avengers: Endgame" alleging the fund is being mismanaged, ruling that she proved the board knew about the plan's failings and did nothing to course correct.

  • September 28, 2022

    Ex-DLA Piper Atty Wants Emails Preserved In Pot Co. Row.

    A former DLA Piper attorney is asking a Los Angeles County court to clarify a prior order staying a suit against her by cannabis company Cannaco Research Corp., saying emails central to her defenses must be preserved and produced by a third-party appointed by the court to control the company's email accounts.

  • September 28, 2022

    HP Enterprise Strikes $8.5M Deal To End Pay Bias Suit

    Hewlett Packard Enterprise agreed to pay $8.5 million to wrap up a four-year-old proposed class action in California state court that accused the company of paying women less than men, a settlement that workers say should cause other tech companies to review their policies.

  • September 27, 2022

    Newsom Signs Slew Of Abortion, Health Care Protection Bills

    California Gov. Gavin Newsom on Tuesday signed a batch of bills into law aimed at protecting patient privacy and access to health care, in the wake of the U.S. Supreme Court's ruling that overturned the federal right to abortion.

  • September 27, 2022

    GM Slams Testimony From 'Data-Free Economist' As 'A Joke'

    General Motors Co. made a mid-trial bid on Tuesday to exclude the testimony of an economics expert for the plaintiffs in a class action over claims GM knowingly sold vehicles with an engine defect, calling the expert's assessment that $2,700 in damages is due per vehicle a "joke" from a "data-free economist."

  • September 27, 2022

    New Calif. Law Requires Employers To Divulge Contractor Pay

    California Gov. Gavin Newsom signed pay transparency legislation into law Tuesday that requires employers with more than 100 contract workers to disclose annual pay data reports broken down by demographics, and requires employers with more than 15 workers to disclose salary ranges on all job ads.

  • September 27, 2022

    Faraday Hit With 2nd Suit Alleging Merger Disclosure Failures

    Another shareholder of a special-purpose acquisition company that took electric vehicle startup Faraday Future Intelligent Electric Inc. public has filed a proposed class action complaint in Delaware Chancery Court, alleging the SPAC, its board and its financial and legal advisers conspired to breach public investors' rights leading up to the 2021 deal.

  • September 27, 2022

    Atty Who Allegedly Helped Witness Cheat On Bar Pleads 5th

    A former law partner of disbarred attorney-turned-cooperating-witness Edgar Sargsyan — whom Sargsyan allegedly paid to take a bar exam for him — invoked his Fifth Amendment right Tuesday in an ex-FBI agent's bribery trial, refusing to answer questions that ranged from the partner's relationships with Armenian crime mobsters to gifts the FBI agent received.

  • September 27, 2022

    Monster Asks Jury For $297M Over VPX's Super Creatine 'Con'

    An attorney for Monster Energy Co. urged a California federal jury Tuesday during closing arguments to award the company over $297 million from Vital Pharmaceuticals Inc. after a trial largely focused on claims that Vital falsely advertised super creatine, while Vital's attorney said the case suffers a "fatal problem of proof."

  • September 27, 2022

    Twitter Says Musk Data Contradicts Deal-Killing 'Bot' Burden

    An attorney for Twitter Inc. told Delaware's chancellor on Tuesday that none of the available records from Elon Musk's data science contractors support claims that undisclosed spam and fake "bot" traffic justify Musk's unilateral, July 8 termination of his $44 billion take-private offer.

  • September 27, 2022

    9th Circ. Upholds Pilots Union Win In Seniority Credits Dispute

    The Ninth Circuit on Tuesday upheld a win for an American Airlines pilots union in a class action brought by regional pilots who were denied seniority credits, holding a lower court correctly found the pilots couldn't demonstrate that discrimination by the union caused them to lose out on benefits.

  • September 27, 2022

    Seattle Cafe Drops 9th Circ. Virus Coverage Appeal

    A Seattle cafe ended its quest Tuesday for COVID-19 business interruption coverage, asking the Ninth Circuit to dismiss its case against Scottsdale Insurance Co. following a unanimous Washington Supreme Court decision in a similar case siding with insurers.

  • September 27, 2022

    Calif. Regulator Says 11 Crypto Cos. Ran Ponzi-Like Schemes

    California's Department of Financial Protection and Innovation issued desist and refrain orders Tuesday against 11 state entities for allegedly offering and selling unqualified securities and for using investor funds in the manner of a Ponzi scheme.

  • September 27, 2022

    High Court Asked To Revive Sony Music Copyright Suit

    A music producer has urged the U.S. Supreme Court to take up his axed copyright suit against Sony Music over the beat for rapper Bryson Tiller's song "Exchange," arguing that the Ninth Circuit wrongfully held that it lacked subject matter jurisdiction on his music infringement claims.

  • September 27, 2022

    Floyd Mayweather Seeks To KO Crypto Promo Claims

    Boxer Floyd Mayweather on Monday sought to toss out claims against him in a proposed class action in California federal court alleging he made false and misleading statements while promoting cryptocurrency EthereumMax, saying the plaintiffs are just seeking a "deep pocket."

  • September 27, 2022

    Intelsat Backers Cleared Of Insider Trading After C-Band Sale

    A California federal judge on Tuesday cleared major Intelsat stakeholders of insider trading allegations from an investor accusing them of withholding knowledge about a Federal Communications Commission plan to sell C-Band spectrum, a plan that had sent Intelsat stock tumbling in late 2019. 

  • September 27, 2022

    Apple App Store Users Renew Antitrust Class Cert. Bid

    A proposed class of Apple App Store buyers has renewed their bid for certification in a suit accusing Apple Inc. of violating antitrust law through its store policies and commissions collected on app purchases.

  • September 27, 2022

    Feds Seek To Keep Win Over Purported Surveillance Claims

    U.S. Customs and Border Protection urged the Ninth Circuit to deny an appeal from two immigration attorneys and a documentarian alleging the agency's surveillance program violated their privacy, saying the alleged injuries couldn't be tied to the program.

  • September 27, 2022

    Real Estate Rumors: JPMorgan, Brookfield, Rina Trigg

    JPMorgan has reportedly loaned $210 million for a portfolio of CitizenM hotels, Brookfield Properties is said to be eyeing the sale of a downtown Los Angeles office tower, and restaurant owners Rina and Jordan Trigg have reportedly dropped $5.2 million on three parcels in San Jose.

  • September 27, 2022

    9th Circ. Says Immigrant Waited Too Long To Reopen Removal

    An immigrant removed for a conviction that was expunged a decade later waited too late to try to reopen his removal order, the Ninth Circuit ruled, saying that people deported over invalid convictions must adhere to the 90-day filing deadline for reopening.

Expert Analysis

  • Pot Cos. Can Rely On State Law For Bankruptcy Safeguards

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    Until marijuana is legalized federally, Bankruptcy Code protections will continue to be unavailable to many cannabis and related companies, meaning businesses should be structured to take advantage of state law protections, say Heidi Urness and Timothy Byrd Jr. at McGlinchey Stafford.

  • How New Public Nuisance Claims Are Targeting Gun Cos.

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    When gun manufacturers were hit with a wave of public nuisance lawsuits in the early 2000s, Congress intervened — but recent litigation and legislation in New York and Indiana may foretell a new era of public nuisance claims against the gun industry, says Gregory Heinen at Foley & Lardner.

  • 9th Circ. Ruling Highlights Divide On Ch. 11 Interest Rates

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    The Ninth Circuit’s recent ruling in Pacific Gas and Electric’s Chapter 11 case is the first federal circuit court ruling on post-petition interest rates — an issue that has bedeviled bankruptcy courts and could lead to a circuit split that finds its way to the U.S. Supreme Court, say Seth Kleinman and Miranda Russell at MoFo.

  • How 'Michael' Album Promo Ruling Could Affect Other Artists

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    The California Supreme Court's recent ruling in Serova v. Sony — that statements marketing Michael Jackson's involvement in a posthumously released album are commercial speech — could potentially open the door to new types of litigation concerning expression in the context of art, movies and music, says Patrick Hammon at McManis Faulkner.

  • Twitter's Argument Reflects Del. Chancery Stance On Boards

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    Twitter's lawsuit in the Delaware Chancery seeks to force Elon Musk to go ahead with his deal to buy the company under specific performance, a remedy that illustrates Delaware's steadfast and increasing deference to board power over change of control, say J.B. Heaton and M. Todd Henderson at Heaton Henderson.

  • Testing Option Market Efficiency In Securities Class Actions

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    Following a California federal court's suggestion in an Apple securities case that more detailed analyses may be required to demonstrate market efficiency for options, Edward Flores at NERA Economic Consulting offers insight into performing analyses on aggregate using all option data and individually for each unique option pair.

  • Puerto Rico Bankruptcy Ruling Spells Takings Inconsistency

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    The First Circuit’s ruling in the Puerto Rico restructuring case that takings claims cannot be impaired in bankruptcy establishes inconsistent treatment of takings claims among appellate courts and raises an important constitutional question, which could lead the matter to the U.S. Supreme Court, say attorneys at Dechert.

  • Learning From Trump And Bannon Discovery Strategies

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    Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.

  • Autonomous Vehicle Product Liability Cases: The Road Ahead

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    There have been few traditional product liability lawsuits surrounding autonomous vehicles so far, but a review of three notable recent cases offers insights into where future litigation may be heading — and in particular, how negligence and failure to warn claims may fare in court, say Elsa Bullard and Tess Godhardt at Faegre Drinker.

  • Compliance Lessons From Sephora CCPA Settlement

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    The first California Consumer Privacy Act settlement — involving beauty retailer Sephora and recently announced by the California attorney general — is a warning for businesses to ramp up compliance, and conveys several lessons in planning for increased enforcement and further regulations, say attorneys at Troutman Pepper.

  • The Risks In Lateral Hiring, And How To Avoid Them

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    As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

  • How Inflation Reduction Act Will Lift Offshore Wind Projects

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    The Inflation Reduction Act should promote the development of offshore wind energy in multiple ways — including by improving the planning and permitting process for transmission infrastructure, expanding potential lease areas and making beneficial changes to the tax credits available for renewable energy developers, say attorneys at Day Pitney.

  • Assessing LIV Golf's Role In PGA Tour Antitrust Suit

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    The recent addition of LIV Golf to the Mickelson v. PGA Tour antitrust suit will have monumental implications as the case unfolds — and if the PGA Tour and European Tour are deemed potential competitors, that could present a much easier path to victory for the plaintiffs, say attorneys at Perkins Coie.

  • Key Takeaways From Calif.'s Sweeping Fast-Food Wage Law

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    California Gov. Gavin Newsom recently signed a controversial wage bill that will have a major impact on fast-food employers and employees, will likely shape how the state regulates other industries in the future, and represents a radical step toward sectoral bargaining, says Pooja Nair at Ervin Cohen.

  • Judges Who Use Social Media Must Know Their Ethical Limits

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    While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.

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