California

  • September 27, 2022

    Dow, PPG Trial Over Calif. Cleanup Delayed By Atty COVID

    A California state judge delayed a jury trial set to begin Tuesday in a California city's decadeslong dispute with Dow Chemical Co. and PPG Industries Inc. over dry-cleaning chemicals that allegedly contaminated city sites after a defense attorney tested positive for COVID-19.

  • September 27, 2022

    CFTC Credits Firm's Cooperation In Treasuries Spoofing Case

    The U.S. Commodity Futures Trading Commission fined a California trader, alleging he engaged in a spoofing scheme involving U.S. Treasuries and other futures contracts, while crediting his former employer with reporting the alleged misconduct and taking steps to prevent it from happening again.

  • September 27, 2022

    LA Attys Face Bar Probe Over Genocide Settlement Payouts

    The State Bar of California announced on Tuesday that it is investigating two prominent Los Angeles-area attorneys over their involvement with the reported botched dispersal of settlement funds intended for Armenian genocide victims.

  • September 27, 2022

    Google, Apple Say Advertiser Can't Expand Collusion Suit

    Google and Apple are urging a California federal court not to let a crane-operator training firm widen its collusion suit against the companies, saying the proposed revisions would be futile because they would not prevent Google from taking the trainer's claims to arbitration.

  • September 27, 2022

    Sanford Heisler Sharp Opens New Palo Alto Office

    Plaintiff-side labor law firm Sanford Heisler Sharp LLP said Tuesday that it had opened a new office in Palo Alto, California, its eighth location nationwide, in a bid to step up its representation of tech workers and Asian Americans in Silicon Valley.

  • September 27, 2022

    TikTok And Triller Drop Video Patent Suits After PTAB Ruling

    TikTok and rival social media platform Triller have dropped separate patent suits lodged against each other over video creation technology, several months after Triller's patent was invalidated by the Patent Trial and Appeal Board.

  • September 27, 2022

    Tribes' Attys Seek Fees Of $1.1M In Calif. Gambling Appeal

    Five Native American tribes have asked the Ninth Circuit for an award of about $1.1 million in attorney fees following an appellate panel decision giving the tribes major leverage in gaming compact negotiations with California.

  • September 27, 2022

    2 Firms Seek $1.25M In Chancery Deal With Biotech Co., CEO

    Robbins LLP and Biggs & Battaglia will seek $1.25 million in connection with a proposed deal in Delaware Chancery Court to settle shareholder derivative claims against the billionaire founder and CEO of health care tech business NantHealth Inc. over allegations misleading disclosures were made about a research deal.

  • September 27, 2022

    L'Oreal Must Face False Ad Suit Over Collagen Products

    A New York federal judge on Tuesday denied a bid by L'Oréal USA Inc. to throw out claims that it misleads consumers about the skin-smoothing effects of its collagen products, saying the complaint is enough to establish that the packaging could lead consumers to believe the collagen acts as an anti-wrinkle ingredient.

  • September 27, 2022

    Verizon Drops Suit After Getting OK For Fresno Cell Tower

    Verizon Wireless has dropped a lawsuit against Fresno, California, after city officials in July allowed the company to build its planned 5G tower disguised as a ponderosa pine.

  • September 26, 2022

    Pandora Says Lewis Black, Agency Part Of Antitrust 'Cartel'

    Pandora Media LLC, facing comedians' copyright infringement claims, on Monday hit back at irascible comic Lewis Black and licensing agency Spoken Giants LLC with antitrust counterclaims, saying they are part of a "cartel" seeking to monopolize the licensing of comedians' recorded performances.

  • September 26, 2022

    '6th Sense' Not Enough For FBI Database Search, Agent Says

    An FBI agent testifying in former colleague Babak Broumand's bribery trial told jurors Monday that Broumand, accused of running database searches for a now-convicted attorney and others, wouldn't be allowed to conduct searches because of a "sixth sense" or an uneasy feeling about a suspect's behavior at a party. 

  • September 26, 2022

    Women At Ford, GE Outliers In Top Cos.' Wide IP Gender Gap

    The percentage of patents by women inventors at Ford, GE and AT&T surpasses the percentage of women in technical jobs there, a ratio more than two dozen top innovating companies couldn't match, according to a new study from a law professor and key political adviser.

  • September 26, 2022

    Colgate Says Plaintiffs In Labeling Action Settled Previously

    Colgate-Palmolive and Tom's of Maine are seeking to reverse certification of a class action last year alleging fraud over the marketing of certain products as "natural," arguing new evidence shows the plaintiffs were part of a settlement in a previous case that made the same "cookie-cutter" claims.

  • September 26, 2022

    Private Prison Ban Unconstitutional, En Banc 9th Circ. Says

    The Ninth Circuit on Monday tossed a lower court decision that refused to preliminarily block a California law banning private immigration detention facilities, saying the federal government and a private prison company are likely to prevail on their claim that the statute violates the supremacy clause of the Constitution.

  • September 26, 2022

    NY, Calif. Sue Crypto Platform Over Unregistered Sales

    New York, California and six other states sued cryptocurrency platform Nexo Inc. in their various state courts Monday for allegedly failing to register as a securities broker and then lying to investigators about its status.

  • September 26, 2022

    9th Circ. Says Removal Risk Warrants Rehearing Plea Deal

    A California district court must revisit an immigrant's felony drug conviction after the Ninth Circuit ruled that the lower court judge had incorrectly refused to consider evidence showing the immigrant was unaware that his guilty plea effectively sealed his deportation.

  • September 26, 2022

    Twitter CEO, Musk Depositions No-Go For Now In $44B Suit

    Widely anticipated depositions of Twitter CEO Parag Agrawal and Tesla CEO Elon Musk never got off the ground on Monday, the latest twist in the run-up to a five-day trial in Delaware starting Oct. 17 on Twitter's attempt to force Musk to close on a $44 billion take-private deal.

  • September 26, 2022

    Fatburger Owner, Investors Ink $3M Deal Over Fraud Claims

    Investors in restaurant company Fat Brands Inc. said Friday that they had struck a $3 million deal resolving claims that the family behind the company, which owns the Johnny Rockets and Fatburger brands, harmed shareholders by misusing company funds and coming under a federal investigation.

  • September 26, 2022

    9th Circ. Finds Nightclub Can Stay In Historic LA Building

    The operator of nightclub Exchange LA can keep its space in downtown Los Angeles' iconic Pacific Stock Exchange building, the Ninth Circuit has ruled, dismissing the landlord's attempt to cancel an under-market-rate lease.

  • September 26, 2022

    EPA Asks 9th Circ. For Leave To Revisit Paraquat Approval

    The U.S. Environmental Protection Agency has asked the Ninth Circuit to allow it to review its decision to reapprove the use of the herbicide paraquat, so it can consider claims raised in a lawsuit filed by environmental, health and farmworker advocacy groups.

  • September 26, 2022

    Meta Pushes FTC Bias Defense In VR Merger Case

    Meta Platforms Inc. has shot back against a bid by the Federal Trade Commission to cut some of its defenses against the agency's challenge of a virtual reality fitness app acquisition, contending they are necessary to show that bias displayed by the commission's chair taints the entire proceedings.

  • September 26, 2022

    PG&E Faces Federal Criminal Probe Into Mosquito Fire

    PG&E Corp. is facing a federal criminal investigation of the utility's potential role in causing a major and ongoing Northern California wildfire, according to a public filing the company made Monday with the U.S. Securities and Exchange Commission.

  • September 26, 2022

    Real Estate Rumors: Target, Bond Vet, Allen Schwartz

    Target is reportedly leasing space on South Vermont Avenue in Los Angeles, Bond Vet is said to be taking 5,121 square feet in New York, and Allen Schwartz has reportedly sold a Los Angeles mansion for $16 million.

  • September 26, 2022

    Calif. Law Firm Booted From Costco Slip-And-Fall Suit

    A California personal injury law firm has been blocked from representing a plaintiff in a slip-and-fall lawsuit against Costco because one of the firm's attorneys had previously represented the big box discount retailer in other personal injury cases, according to an order Friday.

Expert Analysis

  • Food, Drug, Cosmetic Cos. Should Expect More Additive Suits

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    There is a continuing trend of lawsuits centered on additives and inactive ingredients that are federally approved but alleged to have harmful health effects — and manufacturers and distributors of food, pharmaceuticals and cosmetics will likely see such claims increase, even if plaintiffs have trouble establishing class standing, says Connor Sears at Shook Hardy.

  • Questions Remain On Computer Fraud Coverage For Phishing

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    There are questions regarding the applicability of computer fraud coverage to phishing scheme losses in the wake of the Ninth Circuit's decision in Ernst & Haas v. Hiscox earlier this year, with a backdrop of differing case results and evolving fact patterns over the past few years, say Robert Callahan and Melissa D’Alelio at Robins Kaplan.

  • 9th Circ. Class Cert. Move Illustrates Individual Claim Issues

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    The Ninth Circuit's recent class certification decision in Bowerman v. Field Asset Services illustrates the challenges presented when a defendant argues that not all putative class members have been injured or that damages must be determined on a claimant-by-claimant basis, says Robert Fuller at Robinson Bradshaw.

  • Calif.'s Organic Cannabis Program: Issues And Opportunities

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    As consumers drive demand for clean cannabis, California is ramping up its program to certify certain cannabis goods with a comparable-to-organic seal, offering companies an opportunity to compete in a crowded marketplace and with purveyors of federally legal products like hemp, say attorneys at the Law Offices of Omar Figueroa.

  • Law Of The Case Is More Nuanced Than You May Think

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    The recent Seventh Circuit decision in Flynn v. FCA highlights how frequent misconceptions about the law of the case doctrine are, and suggests that litigants should take a hard look at the key qualifications — and quirks — of this narrow and discretionary doctrine before relying on it as a silver bullet, says Michael Soyfer at Quinn Emanuel.

  • Engage Associates At Orientation With Thoughtful Activities

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    The pandemic has driven home the dangers of taking associate talent for granted, and law firms should consider five types of orientation activities that give new employees a greater sense of belonging, set the tone at the outset for a long career and influence attitudes toward the firm, says Joseph Gerstel at GetSomeClass.

  • Opinion

    Ill-Conceived Del. Climate Litigation Should Be Dismissed

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    Courts should reject climate lawsuits brought by cities and states — like Delaware v. BP America Inc., recently remanded to state court by the Third Circuit — given the global nature of climate change, the dangers of judges crafting environmental policy and the potential damage to local economies, says J.W. Verret at George Mason University.

  • What Cos. Can Learn From Uber Breach Nonprosecution Deal

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    The U.S. Department of Justice’s recently inked nonprosecution agreement with Uber — which resolved a long-running investigation into the company’s cover-up of a 2016 data breach — provides insights for private-sector companies regarding the factors that led the government not to prosecute, despite the damning fact pattern, say attorneys at Blank Rome.

  • How 10th Circ. Trustee Fee Ruling Will Affect Ch. 11 Appeals

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    Developments leading up to the Tenth Circuit's recent decision that mandated refunds for overpayment of U.S. trustee fees — the first opinion on the issue since the U.S. Supreme Court’s Siegel v. Fitzgerald ruling — highlight how other pending appeals considering the same matter might play out, says Shane Ramsey at Nelson Mullins.

  • Tackling Session Replay Risks For Website Operators

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    In response to a recent trend of consumer wiretapping claims, website operators that have developed analytic and optimization tools like session replay software should consider ensuring consumer-facing policies are up to date, checking software vendor contracts and more, says Paul Rosenthal at Fox Rothschild.

  • Opinion

    A Federal Data Privacy Law Is The Disaster We Urgently Need

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    The U.S. desperately needs federal data privacy legislation to create consistent rules across all states and industries, in spite of the hurdles standing in the way of a comprehensive law and the strong likelihood that it will be a disaster when it passes, say Roy Wyman and Colton Driver at Bass Berry.

  • The Cruciality Of Building Client Intimacy Ahead Of Recession

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    Attorneys are likely already feeling the pressure that a recession brings to control costs and at least hold the line on top-line growth — but strengthening client relationships through increased communication will ensure continued progress under such conditions, says Dave Southern, a business development and marketing professional.

  • 10 Consumer Agreement Edits To Ease Mass Arbitration Risk

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    With consumer mass arbitration seemingly on the rise, companies may want to revise their customer agreements to include language that can deter meritless claims and mitigate the risk of expensive proceedings, says John Shope at Foley Hoag.

  • Insurers Must Be Vigilant About Cannabis Lounge Risks

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    Because cannabis lounges face a number of unique risks, such as overserving cannabis to patrons, insurers and risk management providers must be able to recognize and properly address the full range of potential liabilities, say Jonathan Isaacson and Adam Nicolazzo at Kaufman Dolowich.

  • Web Accessibility Outlook: More Regulation, Less Litigation

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    As state courts lose patience with plaintiffs filing serial claims against companies over their websites' accessibility to users with disabilities, and the U.S. Department of Justice signals plans to finally enact regulations in this area, it appears that relief for businesses is on the way, say Shira Blank and Joshua Stein at Epstein Becker.

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