California

  • September 22, 2022

    9th Circ. Revives Trump-Era Endangered Species Rollbacks

    A series of measures that the Trump administration took to weaken the Endangered Species Act are in effect again, at least temporarily, after the Ninth Circuit found that a California federal judge "clearly erred" in voiding those policies this summer without weighing their legal merits.

  • September 22, 2022

    Former California Superior Court Judge Joins JAMS

    Retired California Superior Court Judge Barry Baskin has joined JAMS, the alternative dispute resolution services organization.

  • September 22, 2022

    Del. Court OKs Musk Challenge Of $7.8M Twitter Severance

    The Delaware Chancery Court has allowed Elon Musk to add Twitter's payment of a late-disclosed, $7.75 million severance payment to a security chief turned whistleblower to counterclaims allegedly justifying his walking away from a $44 billion contract to buy the social media giant.

  • September 22, 2022

    Peloton Compliance Chief Leaves For Snap Inc.

    Veteran attorney Lance Lanciault, former head of compliance at Peloton Interactive Inc. and onetime chief ethics and compliance officer at Walmart Inc., has joined Snapchat owner Snap Inc. in a similar role.

  • September 22, 2022

    Pillsbury Adds Simpson Thacher Litigator, Asia Expert In SF

    Pillsbury Winthrop Shaw Pittman LLP has brought in a Simpson Thacher & Bartlett LLP litigator with extensive Asia-related experience to be a partner in its San Francisco office.

  • September 21, 2022

    CNBC Financial Pundit Stole Millions And Fled, Feds Say

    Prosecutors on Wednesday accused a frequent CNBC guest of stealing millions of dollars from investors in his Los Angeles-based investment companies and then going into hiding, according to an announcement from the U.S. Department of Justice.

  • September 21, 2022

    9th Circ. Won't Stop New Backpage Execs Criminal Trial

    Former Backpage.com owners and employees must face a new trial over federal charges that they facilitated prostitution after a mistrial was declared due to irrelevant child trafficking stories mentioned by government witnesses, the Ninth Circuit ruled Wednesday, rejecting their argument the case should be tossed on double jeopardy grounds.

  • September 21, 2022

    Disbarred Atty Testifies He Bribed FBI Agent To Evade Probes

    A disbarred Beverly Hills attorney testifying in an ex-FBI agent's bribery trial told a California federal jury Wednesday that he paid the agent $10,000 per month in exchange for accessing restricted law enforcement information to see if he was being investigated for his illegal credit card schemes and marijuana growing operation.

  • September 21, 2022

    Meta Trims But Can't Shake News Site's Revenue Split Suit

    A California federal judge Wednesday ruled that claims Facebook parent Meta Platforms Inc. improperly shut a news website out of advertisements and revenues should proceed, finding that at least some of the claims have to do with the company's promises to its advertisers rather than its role as a publisher.

  • September 21, 2022

    Uber's $100K Hacker Payout 'A Great Deal,' Jury Told

    Uber's former security chief kicked off his criminal defense Wednesday with testimony from two onetime subordinates who explained how Uber stalled as it tried to identify the hackers behind a 2016 breach before paying them $100,000 via a "bug bounty" program — a payout one witness called "a great deal."

  • September 21, 2022

    Space Co. Asks 9th Circ. To Remand $1.3B Enforcement Battle

    The commercial arm of India's national space agency wants the Ninth Circuit to drop its appeal of a $1.3 billion enforcement ruling, arguing that the massive arbitral award — won by a now-defunct agency contractor — is obsolete after an Indian court overturned it late last month.

  • September 21, 2022

    Feds Call Holmes' New Trial Bids 'Ploy' To Delay Sentencing

    Federal prosecutors opposed former Theranos CEO Elizabeth Holmes' new trial requests Wednesday, filing three back-to-back response briefs in California federal court that argued no new evidence has been discovered since Holmes was convicted of fraud and conspiracy, and calling Holmes' arguments "a ploy to delay her inevitable sentencing."

  • September 21, 2022

    Energy Dept. Will Conduct Efficiency Reviews To Settle Suit

    The U.S. Department of Energy will review energy efficiency standards for consumer and commercial products as early as next year to settle litigation from environmental advocacy groups and 17 states alleging the agency dodged its responsibilities to evaluate dozens of products.

  • September 21, 2022

    Manchin Unveils Permitting Reform To Reluctant Congress

    Sen. Joe Manchin on Wednesday released his plan for legislation that would ease the permitting process for infrastructure projects like oil and gas pipelines and electricity transmission lines, but it faces an uncertain future in the divided Congress.

  • September 21, 2022

    Alsup Rips Meta, Software Co. For 11th-Hour Discovery Fight

    U.S. District Judge William Alsup ordered Meta Platforms and software patent licensing company MasterObjects on Wednesday to produce depositions and interrogatories so he can decide their pretrial fight over expert reports and a sanctions bid, asking "Why are you putting me in this ridiculous position on the eve of trial?"

  • September 21, 2022

    ​​​​​​​LA County's Deal With Bryant Co-Plaintiff Ups Total To $20M

    The Los Angeles County Board of Supervisors Tuesday approved a settlement of nearly $5 million to resolve a widower's outstanding state-based claims over the Kobe Bryant crash site photos shared among county first responders, in addition to the $15 million he recently won at trial.

  • September 21, 2022

    United Sanctioned For Late Evidence In Surprise Billing Suit

    A California federal judge sanctioned United Behavioral Health on Wednesday and barred it from using tens of thousands of pieces of evidence produced after a discovery cutoff date, finding the late submissions were unjustified and harmful to a proposed class of patients alleging the insurer lowballed out-of-network claim reimbursements. 

  • September 21, 2022

    Insurer Ducks Coverage In Unpermitted Demolition Row

    A California federal judge ruled a Berkshire Hathaway unit isn't responsible for covering a state court judgment related to unauthorized demolitions at a historic San Francisco building, finding the damages won in the underlying suit are excluded under its policy.

  • September 21, 2022

    Calif. AG Takes Over LA Sheriff's Investigation Into Local Pol

    California's Department of Justice announced Tuesday that it is taking charge of the Los Angeles Sheriff's Department's criminal investigation of County Supervisor Sheila Kuehl and others, following claims by Kuehl that a recent search of her home was a "thuggish" attempt to silence critics of the agency.

  • September 21, 2022

    DOL Tells 9th Circ. It Doesn't Owe Atty Fees After ERISA Loss

    The U.S. Department of Labor told the Ninth Circuit it should not have to cover an architecture firm's attorney fees even though the firm beat the DOL's suit claiming it broke federal benefits law by overcharging for its employee stock ownership plan in violation of the Employee Retirement Income Security Act.

  • September 21, 2022

    Tort Report: 'Take-Home COVID' Liability On Tap In Calif.

    The latest in the "take-home COVID" case in California over whether employers can be sued for the infection of a worker's relative and a $42 million medical malpractice verdict in Illinois lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • September 21, 2022

    DOJ Quietly OKs West Coast Bank Merger, With Branch Sales

    A pair of West Coast banks have announced that they inked a deal with the U.S. Department of Justice, paving the way to combining their collective $50 billion in assets provided they sell 10 branches, although the DOJ has not yet made a statement about the agreement.

  • September 21, 2022

    Ariz. Gov. Asks 9th Circ. To Revive Suit Over COVID Funds

    Arizona Gov. Doug Ducey told the Ninth Circuit that the federal government went too far in restricting how the state could use pandemic relief funds, arguing a lower court misread the American Rescue Plan Act when tossing the governor's suit.

  • September 21, 2022

    DHS Watchdog Says CBP Skipped Migrant Screening Process

    The Border Patrol along the southwest U.S. border skipped assigning some noncitizens entering the country "alien registration numbers" used to create a profile of their immigration history, according to a report by a U.S. Department of Homeland Security watchdog.

  • September 21, 2022

    Bankrupt Restaurant's COVID-19 Coverage Suit Tossed

    A California federal judge has rejected bankrupt restaurant chain Garden Fresh's claims that its insurance covers losses caused by government-ordered COVID-19 shutdowns, saying it is making arguments that have been tried and rejected in numerous prior cases.

Expert Analysis

  • Why Gig Platforms Should Be On Alert

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    The Federal Trade Commission and state attorneys general have set their sights on the gig economy and practices they view as deceptive and unfair, which will open gig platforms to more scrutiny — and past cases against gig-economy giants including Uber and Instacart are cautionary tales to keep in mind, say attorneys at Venable.

  • The Role Of Morality In IP Suits Over COVID-19 Vaccines

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    Recent patent infringement suits involving the COVID-19 vaccines developed by Pfizer and Moderna raise interesting legal and moral issues — like whether infringement should be alleged if it was done during the course of accomplishing a greater good, say Lynn Lehnert and Sara Pilson at Goldberg Segalla.

  • How New Va. Construction Payment Law Compares To Others

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    The Virginia Legislature's recent step toward limiting the use of certain common clauses in construction subcontracts adds to a patchwork landscape regarding pay-if-paid clauses, and all parties to a prime-sub contractor relationship should be aware of their enforceability state by state, say Dismas Locaria and Caleb McCallum at Venable.

  • Combating Implicit Bias In Alternative Dispute Resolution

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    Alternative dispute resolution requires a high degree of trust and belief that proceedings will be fair, so confronting implicit associations among neutrals through systemic and personal efforts is even more important in the ADR world, say arbitrators and mediators at JAMS.

  • How The Metaverse Will Affect Business And Legal Processes

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    It is time to start thinking about virtual reality's effects on cybersecurity, business dealings, case strategy and more, as the metaverse takes shape and organizations open banks, host law firm offices and create retail strategies digitally, says Samantha Green at Epiq. 

  • Opinion

    9th Circ. Must Block Cos.' Unfair Rules For Mass Arbitration

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    The Ninth Circuit should uphold a California federal court's decision in MacClelland v. Cellco Partnership, and make it clear that businesses cannot both force claims into individual arbitrations and make mass arbitration infeasible or impractical, say Raphael Janove and Sidney Cobb at Pollock Cohen.

  • Texas Order Could Increase Patent Litigation In Calif. District

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    Following a recent order that stops patent litigation in the Western District of Texas from automatic assignment to U.S. District Judge Alan Albright, the U.S. District Court for the Northern District of California is the venue most likely to see an increase in patent cases, say Jeremy Elman and Chitrajit Chandrashekar at Allen & Overy.

  • Employers Can Use COVID Models To Address Monkeypox

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    With New York, Illinois and California recently declaring emergencies in response to the global monkeypox outbreak, employers can rely on COVID-19 frameworks to reduce the impact of monkeypox in the workplace, and to stay ahead of concerns related to federal anti-discrimination laws, say April Boyer and Erinn Rigney at K&L Gates.

  • Navigating Arbitral Subpoenas In A Post-COVID Landscape

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    Courts’ mixed enforcement during the pandemic of physical presence and territorial requirements for arbitral subpoenas shows that the rules were not built for a virtual world, making it critical for lawyers to understand the possible limitations on third-party evidence, say Emily Kirsch and Craig Tarasoff at Kirsch & Niehaus.

  • Roundup

    In-House At A Cannabis Company

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    In this ongoing Expert Analysis series, in-house counsel at cannabis companies discuss the unique compliance issues they’re navigating as the industry burgeons into a multibillion-dollar ballgame.

  • Circuit Split On Cannabis Prosecutions Heightens Uncertainty

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    Congress' use of an appropriations bill rider to defund certain kinds of criminal cannabis prosecutions has resulted in a circuit split over how it should be enforced, adding to the already long list of regulatory uncertainties that burden state-legal cannabis industries and operators, say Julia Matlin and Richard Trotter at Feuerstein Kulick.

  • Gig Companies May Have To Live With The ABC Test In Calif.

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    Two recent cert denials by the U.S. Supreme Court has left California's ABC test for employment classification intact, and if gig companies' recent efforts to exempt certain workers from the test fail, they may be less eager to pursue similar challenges in California and beyond, says Ronald Zambrano at West Coast Employment Lawyers.

  • And Now A Word From The Panel: MDL Time?

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    Whether the Judicial Panel on Multidistrict Litigation creates a multidistrict proceeding to handle class actions against a timekeeping and payroll software provider that experienced a cyberattack can provide interesting insight into the panel's process for determining when time is ripe for a new MDL, says Alan Rothman at Sidley.

  • How Lawyers Can Set Ethical Boundaries Post-Pandemic

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    The COVID-19 pandemic and remote work have made it harder for lawyers to leave their problems at the office, so legal professionals must establish and adhere to ethical boundaries in order to combat increasing levels of stress and burnout, says Jennifer Gibbs at Zelle.

  • Expect New Lifecycle Management Duties For Battery Industry

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    Battery producers, retailers, recyclers and users may all see a substantial change in their obligations in the near future thanks to the federal government's renewed interest in revising regulations and policies for battery lifecycle management and labeling, driven by last year's passage of the Infrastructure Investment and Jobs Act, say attorneys at Sidley.

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