California

  • September 26, 2022

    Catching Up With Delaware's Chancery Court

    The First State's court of equity took on a lot last week, roundly rejecting a shareholder's settlement, putting a deal for a cellphone tower builder on hold, highlighting a gap in a board's accountability for sexual harassment, and denying a famous billionaire a do-over in discovery. Get ready for the week ahead by catching up on what you missed in your weekly wrap-up of news from the Delaware Chancery Court.

  • September 26, 2022

    Newsom Vetoes Calif. Crypto Regulation Bill As 'Premature'

    California Gov. Gavin Newsom has vetoed a bill that would have regulated digital financial asset companies in the Golden State, calling the proposal "premature" in light of his administration's recent research and outreach on regulatory approaches, as well as "forthcoming federal actions."

  • September 26, 2022

    2 Firms Lead SPAC's $69M Merger With Workplace Apps Firm

    Special-purpose acquisition company KINS Technology Group Inc. said Monday it plans to acquire and take public a workplace-focused subsidiary of indoor analytics firm Inpixon for $69 million in stock, guided by two law firms.

  • September 26, 2022

    Reduced Emissions Goal Of $1B SPAC, Energy Biz Merger

    Multiple law firms are guiding the go-public merger between Canadian energy company Hammerhead Resources Inc. and blank-check company Decarbonization Plus Acquisition Corporation IV in a deal valued at CA$1.39 billion ($1 billion), the companies announced Monday in a joint statement.

  • September 26, 2022

    Cannabis Co. Seeks Default Win Against Bank Firm In Tax Suit

    A cannabis company accusing a banking firm of failing to pay millions in state taxes on its behalf asked a California federal judge for sanctions and a default judgment, saying the CEO lied during a deposition and submitted falsified documents.

  • September 26, 2022

    Gibson Dunn Adds Real Estate Attorney In Orange County

    Gibson Dunn & Crutcher LLP has recruited a real estate expert who previously served as general counsel for a multifamily and mixed-use development company to join its Orange County, California, office as of counsel.

  • September 23, 2022

    Ex-FBI Agent's Look At Restricted File Raised Flags, Jury Told

    An FBI agent testifying Friday in the bribery trial of former colleague Babak Broumand said that he became "incredibly suspicious" of Broumand after discovering he'd used a restricted law enforcement database to run the name of a federal agent under investigation over his relationship with an Armenian crime boss.

  • September 23, 2022

    VPX Can't Present Favorable Monster Survey To False Ad Jury

    A California federal judge denied a last-ditch effort Friday by Vital Pharmaceuticals Inc. to present survey information during closing arguments in a trial over Monster Energy Co.'s allegations that Vital engaged in false advertising, saying that while his pretrial ruling on the issue could have been clearer, the information is still inadmissible.

  • September 23, 2022

    Convicted Twitter Spy Cites Whistleblower In New Trial Bid

    A former Twitter employee found guilty of secretly acting as an agent of the Saudi government should receive a new trial because the government did not disclose a whistleblower complaint by Twitter's former head of security that "undercuts" the prosecution's core theory, his attorneys argued in a California federal court filing Friday.

  • September 23, 2022

    Lowe's Gets PAGA Suit Dismissed Thanks To Viking River

    A California federal judge cited a recent U.S. Supreme Court decision in concluding that an arbitration agreement precluded a Lowe's worker from litigating wage claims under California's Private Attorneys General Act, kicking the suit to arbitration.

  • September 23, 2022

    Calif. Panel Allows Consultant To Amend Virus Coverage Suit

    A California appellate panel affirmed the dismissal of a utility consultant's COVID-19 coverage suit, but allowed it to amend its suit, in a decision giving both sides something to praise.

  • September 23, 2022

    Amazon Beats Patent Claims After Alsup 'Misstated' Its Motion

    A week after trimming the direct infringement claims a software patent licensing company leveled against Amazon, a California federal judge clarified that he is granting summary judgment in favor of Amazon, noting his own error and vacating a trial scheduled to begin next month.

  • September 23, 2022

    Court Denies Zurich's Bid To Skirt Coverage Of Ponzi Suits

    Pacific Premier Bank can continue seeking insurance coverage for underlying suits alleging it helped keep a Ponzi scheme afloat by offering ill-advised lines of credit, a California federal judge said Friday, rejecting a Zurich unit's contention that a lending-acts exclusion relieves the insurer of its defense duties.

  • September 23, 2022

    Group Backs Swisher High Court Bid Over Revived Verdict

    The Washington Legal Foundation has thrown its support behind tobacco company Swisher as it petitions the U.S. Supreme Court to take up a case being brought by a rival, arguing that the Ninth Circuit lacked jurisdiction to revive a $9 million jury verdict.

  • September 23, 2022

    9th Circ. Revives Fight Allowing Water For Trout Migration

    A dispute over securing more water from Twitchell Dam in California to protect an endangered trout species is heading back to a federal court in the state after the Ninth Circuit found Friday that the operation of the dam violated the Endangered Species Act.

  • September 23, 2022

    5 Parity Cases Benefits Lawyers Should Watch

    A group of lawsuits percolating up through the courts from patients who say insurers violated federal law by skimping on coverage for mental health and substance use disorder treatments will shed light on what such cases need to survive and what remedies plaintiffs can win, attorneys say.

  • September 23, 2022

    9th Circ. Asked To Overturn Decision On Tribal Casino Plans

    Anti-casino advocates in California have asked the Ninth Circuit to reverse a lower court ruling that upheld plans for a tribal gaming facility near Sacramento, arguing that the judge erred in leaning on a 2017 appellate decision that was only "advisory" and not meant to be precedential.

  • September 23, 2022

    'Varsity Blues' Dads Say Recent Ruling Bolsters Their Appeal

    A pair of parents convicted in the "Varsity Blues" college admissions scandal on Friday pointed the First Circuit to a ruling by a different judge involved in the high-profile case as proof that prosecutors relied on an invalid legal theory during their trial.

  • September 23, 2022

    9th Circ. Overturns Insurer's Win In ERISA Benefits Suit

    The Ninth Circuit reversed a lower court's decision upholding a Hartford unit's termination of long-term disability coverage to a medical device technician who left work due to back pain, saying the insurer didn't do enough to fully investigate the worker's job duties.

  • September 23, 2022

    Former EBay Exec Seeks House Arrest For Stalking Plea

    The last of seven former eBay workers to cop to cyberstalking charges for harassing a pair of e-commerce bloggers argued Friday for a no-prison sentence, saying his role in the scheme was limited to two days of surveillance.

  • September 23, 2022

    9th Circ. Ruling Backs Tossing Of Wind Farm Suit, Feds Say

    The Ninth Circuit must toss a bid by two California ranchers and their conservation group to revive their environmental challenge to a planned wind farm on tribal land following a decision earlier this month dismissing an "indistinguishable" Oregon challenge to irrigation decisions, the federal government has argued.

  • September 23, 2022

    9th Circ. Doubts Feds' Bid To Bar Mongols' IP Enforcement

    Ninth Circuit judges appeared skeptical on Friday of the government's bid to bar the convicted Mongols Nation motorcycle gang from enforcing its membership trademarks against infringers, with each judge expressing doubts about the scope of forfeiture law as it applies to trademarks.

  • September 23, 2022

    Roku Gets Universal Remote Patent Wiped Out At PTAB

    The Patent Trial and Appeal Board has invalidated a Universal Electronics Inc. remote control patent in a challenge brought by Roku Inc., with the board finding that all 13 claims in the patent are invalid as obvious.

  • September 23, 2022

    Builder In Tribal Casino Pay Dispute Again Asks For Dismissal

    A contractor asked a Northern California federal court judge on Thursday to dismiss an amended complaint by the Coyote Valley Band of Pomo Indians that claims a dispute over an unfinished casino project belongs in tribal court and that the tribe maintains sovereign immunity.

  • September 23, 2022

    Guess Board Ignored Exec's Harassment, Del. Suit Alleges

    Board members at Guess Inc. have tolerated "sustained, despicable, and abusive sexual misconduct" by the fashion company's co-founder Paul Marciano for more than four decades, harming the company and its shareholders through their continued inaction, a Delaware Chancery Court complaint alleges.

Expert Analysis

  • Prospects Are Mixed For A New US Mining Boom

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    The transition away from fossil fuels is boosting demand for minerals like lithium and uranium, but proposals for new and revived mining projects across the U.S. face an uncertain future, due to opposition from environmentalists, local residents and Native American tribes, says Rosemarie Hebner at Goldberg Segalla.

  • How To Win Over Bench Trial Judges Post-COVID

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    As courts face an unprecedented backlog of cases in the wake of the pandemic and are increasingly sensitive to the inefficient use of time, especially in a bench trial setting, advocates should sharpen their rhetorical and strategic tools by thinking big-picture, say Jim Hurst and Jon David Kelley at Kirkland.

  • A Calif. Employer's Guide To Telework Expense Obligations

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    As the COVID-19 pandemic recedes and California employers face an increase in workplace reimbursement lawsuits from remote employees, it’s imperative to know what expenses must be covered — and how repayment should be administered — under state law, says Eric Fox at Gordon & Rees.

  • Takeaways For Broker-Dealers After SEC's Reg BI Action

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    The U.S. Securities and Exchange Commission's recent Regulation Best Interest charges against Western International Securities may offer other broker-dealers insights into how to best comply with the rule and how to defend against similar claims going forward, says Justin Chretien at Carlton Fields.

  • A Cautionary Tale On Diversity Jurisdiction From The 6th Circ.

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    The Sixth Circuit’s recent opinion in Akno 1010 Market St. v. Pourtaghi highlights the importance of properly establishing citizenship of all parties before filing a federal lawsuit under diversity jurisdiction rules, and shows how overlooking jurisdiction issues could undo years of litigation, say Lauren Snyder and Charles Loeser at Harris Wiltshire.

  • Employer Records Are Key To Defense In Retaliation Cases

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    As employee tenure drops while retaliation claims continue to rise, recent California decisions are critical reminders of the importance of solid and contemporaneous documentation in employee performance management, because businesses may not have the benefit of tapping past decision makers to recollect past decisions, say Mishell Taylor and Zoe Bekas at Akerman.

  • A Cautionary Tale On Social Media And US Jurisdiction

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    A California federal court's move to let rapper Lil Yachty's trademark infringement suit against a U.K.-based music company go forward gives clear notice to international entities that their social media activities might subject them to the jurisdiction of U.S. courts, say Dyan Finguerra-DuCharme and Nicholas Saady at Pryor Cashman.

  • What EPA Enviro Justice Guidance Means For Chemical Cos.

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    Recent guidance from the U.S. Environmental Protection Agency makes it clear that environmental justice has become an increasing priority for the Biden administration — and signals to the chemical sector that EJ will be a critical component to EPA decision making going forward, say attorneys at Hunton.

  • The Key Role Of Economic Analysis In PGA Tour Antitrust Suit

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    As PGA Tour antitrust litigation unfolds, economists and marketers will develop models to identify the effects of alleged anti-competitive behavior on LIV golfers, including player income ranging from tournament earnings to endorsements from existing and future sponsors, say Tim Derdenger and Alison Palo at Vega.

  • Breaking Down The Amended Federal Data Privacy Bill

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    The House Committee on Energy and Commerce recently passed modifications to the American Data Privacy and Protection Act’s private right of action, setting forth important limitations for plaintiffs including Article III standing and exclusion of small businesses, say David Stauss and Shelby Dolen at Husch Blackwell.

  • Key Factors In Determining Specific Personal Jurisdiction

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    As courts across the country continue to grapple with the problem of determining when specific personal jurisdiction over a defendant is warranted, a survey of recent rulings sheds light on the most important issues that influence court decisions on this question, says Jonathan Rubinstein at Cohen Placitella.

  • Opinion

    Calif. Law Creates Heavy Burden For US Pork Industry

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    The California law at issue in National Pork Producers Council v. Ross, which will be heard by the U.S. Supreme Court this fall, effectively regulates the entire national pork industry, increases costs, and usurps Congress' power to govern interstate commerce, says Daniel Kolkey at the Pacific Research Institute.

  • Preparing Ticket Seller Sites For NY Fee Transparency Law

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    Ahead of Aug. 29, ticket sellers such as StubHub, Ticketmaster and individual entertainment venues should work with their web developers to ensure that their platforms are compliant with a new law that makes New York the national leader in prohibiting deceptive drip pricing in the ticket market, say attorneys at Fox Rothschild.

  • Cos. Handling Kids' Data Must Prep For Greater Regulation

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    With recent Federal Trade Commission policy statements, enforcement actions and forthcoming privacy legislative developments, it’s clear that companies processing children's personal information should prepare for heightened oversight and consider five key compliance steps, say Jacqueline Klosek and JB Schiller at Goodwin.

  • NFT Litigation Is Raising Novel Trademark Questions

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    Intellectual property lawsuits around non-fungible tokens are presenting old but unsettled trademark questions in a new light, particularly concerning how the so-called confusion inquiry interacts with the First Amendment and the first sale doctrine in the NFT context, says Andrew Michaels at the University of Houston Law Center.

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