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

  • Cannabis Cos. Should Brace For More Prop 65 Scrutiny, Suits

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    Given California regulators' recent move to apply special Proposition 65 warning language to cannabis products, it is crucial that companies in the cannabis industry update their compliance programs, and prepare for more litigation from plaintiffs pursuing increasingly creative claims, says Jasmine Wetherell at Perkins Coie.

  • FTC Challenge to Meta VR Deal Could Restrict Tech M&A

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    The Federal Trade Commission faces notable risks in bringing its recent suit to prevent Meta's proposed acquisition of virtual reality fitness app maker Within Unlimited, and — if victorious — it could have a chilling effect on Big Tech M&A activity going forward by constraining the decisions of larger established incumbents, say attorneys at Fenwick.

  • How Cos. Can Improve Web Compliance After 1st CCPA Fine

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    The California attorney general’s recent Sephora settlement — the first monetary penalty for California Consumer Privacy Act violations — should be a reminder for companies to take five key compliance steps and dig into the third parties they allow to collect data from website visitors, says Sam Castic at Hintze Law.

  • Opinion

    Climate Plaintiffs Can't Pin Harms On Specific Fossil Fuel Cos.

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    States and municipalities are currently pursuing dozens of climate lawsuits aiming to hold fossil fuel companies accountable for extreme weather events — but these claims are unfair and unlikely to succeed, given the global nature of the problem and the traceability and causation requirements of the tort system, says Donald Kochan at George Mason University's Antonin Scalia Law School.

  • The Ethical Risks For Lawyers Accepting Payments In Crypto

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    Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

  • 9th Circ. Accidental Death Ruling Raises Critical ERISA Issue

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    The Ninth Circuit’s recent ruling in Wolf v. Life Insurance Co. of North America helps clarify whether accidental death insurance covers reckless conduct, and raises an important Employee Retirement Income Security Act principle about claim denial that will likely affect future cases, says Mark DeBofsky at DeBofsky Law.

  • Recent Employer Lessons On Facing Calif. Labor Hearings

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    A California state appeals court in Elsie Seviour-Iloff v. LaPaille recently set forth multiple important holdings expanding the potential relief available to employees pursuing administrative relief for wage claims with the Division of Labor Standards Enforcement, and they offer crucial takeaways for employers, says Tyler Bernstein at Sheppard Mullin.

  • Envisioning Metaverse-Based Litigation In The Real World

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    Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

  • Cosmetics Cos. Invite Legal Risks With 'Clean' Marketing

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    The market for clean beauty products continues to grow — but with the legal definitions of terms like "clean," "natural" and "green" remaining hazy, marketing products using this kind of terminology leaves the cosmetics industry ripe for litigation, says Kelly Bonner at Duane Morris.

  • How Calif. Courts Are Ruling On Housing Density Issues

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    Over the past year, California courts have issued a handful of housing density decisions addressing various efforts to push back against the preemption of local regulations, and important trends are emerging with increasing momentum in favor of state government residential development efforts, says Sean Gaffney at Crosbie Gliner.

  • Ports And Vessel Owners, Prep For New Calif. Emissions Regs

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    The California Air Resources Board's amended regulation on commercial harbor craft, intended to reduce emissions at California's ports, will apply to a broad range of vessel types, so ports and vessel owners must be ready to meet the updated rule's more stringent requirements, say Robert Smith and Christina Elles at K&L Gates.

  • Opinion

    ABA Stance On Role Of Nonlawyers Is Too Black And White

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    The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.

  • Harnessing The Power Of Big Data In Litigation

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    The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.

  • How Law Firm Operations Can Adjust To New COVID Realities

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    Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.

  • Averting Data-Risk Missteps In A Vulnerable M&A Landscape

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    Melissa Koch and Talia Boiangin of Akerman provide a due diligence checklist for data-security risks in mergers and acquisitions to help businesses avoid potential downward valuations, especially given the changes in the M&A landscape in recent months.

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