California

  • September 21, 2022

    California Rep. Urges FTC Investigation Into Fog Data Science

    A California lawmaker is calling on the Federal Trade Commission to investigate a Virginia-based company for allegedly purchasing troves of consumer geolocation data gathered from millions of mobile devices and selling it to law enforcement agencies across the country.

  • September 21, 2022

    1st Circ. Pick Vows To Apply Dobbs 'Faithfully'

    A veteran abortion-rights attorney nominated to the First Circuit vowed to apply the U.S. Supreme Court's recent Dobbs decision "faithfully" and pledged that she would separate her past advocacy from rulings on the bench during a Senate hearing Wednesday.

  • September 21, 2022

    Apple Atty Joins Calif. Software Co. As General Counsel

    Near, a global data intelligence platform that is in the process of going public, Wednesday named former Apple Inc. attorney Jay Angelo as its general counsel.

  • September 21, 2022

    9th Circ. Rejects MGM Redo In Starz Licensing Fight

    The Ninth Circuit has shut down an MGM unit's request to review a panel's finding that Starz Entertainment wasn't too late in bringing claims that the film and TV show distributor breached agreements by licensing movies that were supposed to be exclusive to the network to Starz's competitors.

  • September 21, 2022

    Genentech Agrees To 30K-Strong Class In 401(k) Fees Suit

    Genentech and a former worker who accused the biotechnology company in a lawsuit of overcharging employees in 401(k) recordkeeping fees agreed to move the suit forward as a class, and asked a California federal judge to approve the action estimated to represent 30,000 members.

  • September 21, 2022

    Latham Brings On Winston & Strawn Real Estate Pro In LA

    Latham & Watkins LLP announced Tuesday it is expanding its California team by adding a Winston & Strawn LLP real estate expert as a partner in its Los Angeles office.

  • September 20, 2022

    McDonald's Can't Ditch Byron Allen's $10B Race Bias Suit

    A California federal judge on Friday refused to throw out the latest iteration of Byron Allen's $10 billion lawsuit accusing McDonald's Corp. of racially discriminating against Black-owned media companies by spending significantly more money advertising with white-owned companies.

  • September 20, 2022

    Ex-Broadcom Engineer Gets 8 Months In Prison For IP Theft

    A former Broadcom engineer who pled guilty to copying and bringing trade secrets to a Chinese competitor was sentenced to eight months in prison in California federal court on Tuesday, according to the U.S. Department of Justice.

  • September 20, 2022

    Ex-WilmerHale Atty Testifies Internal Probe Upset Uber Exec

    A former WilmerHale partner who worked on Uber's 2017 internal investigation into a major data breach took the stand Tuesday in the criminal obstruction trial of Uber's former security chief Joseph Sullivan, testifying that Sullivan was upset at the investigation and accused WilmerHale of using "scorched-earth tactics."

  • September 20, 2022

    Door Still Shut To VPX Super Creatine Report, Judge Says

    A California federal judge delivered a blow to Vital Pharmaceuticals Inc. on Tuesday in its defense of false advertising claims brought by Monster Energy Co., denying Vital's motion to introduce a report previously ruled inadmissible after finding Monster did not "open the door" during its case-in-chief of the ongoing trial.

  • September 20, 2022

    Portola Pharma Investors Ink $17.5M Deal Over Stock Declines

    Investors in biotechnology company Portola Pharmaceuticals Inc. have asked a San Francisco federal judge to give an initial nod to a $17.5 million deal that would end claims the company failed to acknowledge its prime drug candidate, a blood coagulant, would face stiff competition from an off-label drug used for the same purpose, hurting investors when the company revealed its struggles to sell its drug.

  • September 20, 2022

    GM's Less Costly Engine Fix Didn't Solve Oil Issues, Jury Told

    A General Motors engineer conceded Tuesday in a California class action trial over claims GM hid a dangerous engine defect that a cleaning process the automaker chose over a costlier solution to oil consumption issues didn't prove effective.

  • September 20, 2022

    Tribe Member Asks 9th Circ. To Revisit Criminal Law Ruling

    A member of the Confederated Tribes of Warm Springs has asked the full Ninth Circuit to revisit a circuit panel's decision that the Assimilative Crimes Act confers federal jurisdiction to prosecute Indians within Indian Country for minor state law crimes via the General Crimes Act.

  • September 20, 2022

    Tribe-Linked Lender Rejects CFPB's Call For Restitution

    Tribe-linked lender CashCall Inc. is pushing back on the Consumer Financial Protection Bureau's argument that the company should pay $197 million in restitution for a deceptive loan scheme, telling a California federal court it owes nothing at all. 

  • September 20, 2022

    Ex-FBI Agent Took Cash And Escorts From LA Atty, Jury Told

    Prosecutors told a California federal jury during openings Tuesday that ex-FBI agent Babak Broumand accepted over $200,000, visits with escorts and other bribes to protect an attorney who later pled guilty to multiple crimes, while defense counsel contended that there's no evidence of bribery and that his client simply made bad decisions.

  • September 20, 2022

    Apple Tries To Reopen Discovery In Caltech Patent Suit

    Apple and Broadcom want a California federal court to reopen discovery in the California Institute of Technology's infringement suit over data transmission patents, pointing out issues related to another patent lawsuit the school filed against Microsoft.

  • September 20, 2022

    Calif. Clinic Escapes Suit Tied To Fight Over Waiting Room TV

    A California appeals court has thrown out negligence claims against an urgent care clinic stemming from an altercation between patients over the waiting room's television, saying it had no duty to prevent an assault that was not foreseeable.

  • September 20, 2022

    Calif. Construction Firm Adds Appellate Specialist Team

    Berding & Weil has launched a new appellate team with more than 60 years of combined experience, the firm announced in a news release Tuesday.

  • September 20, 2022

    Albright To Take Another Look At Transferring Apple IP Row

    U.S. District Judge Alan Albright said Tuesday he would reconsider shipping an infringement case against Apple to California, ruling that striking down any untimely transfer opposition "disproportionately impact[ed]" the patent owner.

  • September 20, 2022

    MyPillow, CEO Can't Ditch Smartmatic's Election Fraud Suit

    A Minnesota federal judge on Monday refused to toss Smartmatic's claims against MyPillow and its CEO Mike Lindell alleging Lindell's false narrative that the voting technology provider rigged votes in the 2020 election to favor now-President Joe Biden caused its market value to plummet from $3 billion to $1 billion.

  • September 20, 2022

    James Franco's $2.2M Film School Sex Exploitation Deal OK'd

    A California state court judge on Tuesday preliminarily blessed a $2.2 million deal that James Franco and his studio partners reached with two former students in their putative class action alleging that the actor's now-defunct film school sexually exploited its students, four months after ordering the parties to make revisions.

  • September 20, 2022

    51 AGs Urge FCC To Require More Anti-Robocall Protections

    A group of 51 attorneys general urged the Federal Communications Commission to implement several proposed actions that would direct telephone providers routing calls into the U.S. to crack down on foreign scam calls targeting Americans.

  • September 20, 2022

    Fed. Contractor Says Glove Co. Hid Gov't Forced Labor Probe

    AirBoss has sued a manufacturer for more than $68 million after nitrile gloves it purchased for a federal contract were seized at U.S. ports, saying the glove maker fraudulently concealed that it was under investigation for alleged forced labor issues.

  • September 20, 2022

    Real Estate Broker Owed Coverage For Negligence Suit

    A Nationwide unit must cover a real estate brokerage and its president who were sued for negligence by a former client, a California federal judge ruled, finding that the underlying suit didn't allege anything beyond ordinary misrepresentations covered by their policy.

  • September 20, 2022

    Oracle Seeks $12.3M Fee After IP Win Over 'Baseless' HPE

    Oracle is asking a California federal judge to award it $12.3 million in legal fees after it triumphed over Hewlett Packard Enterprise Co. in a software copyright trial due to what it called "baseless" arguments by the defense.

Expert Analysis

  • Large Cannabis Licenses Will Bring Relief To Calif. Operators

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    California will soon begin accepting applications for large-type cannabis licensing without caps on the size of cultivation areas, paving the way for massive single-license farms and greatly simplifying operations and compliance for many existing larger and medium-sized operators, says Griffen Thorne at Harris Bricken.

  • A Lawyer's Guide To Collecting Fees From Nonpaying Clients

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    You've done the work and sent the bill, but haven't been paid. What do you do? Joshua Wurtzel at Schlam Stone offers recommendations on how lawyers — from solo practitioners to BigLaw partners — can avoid leaving significant receivables on the table from clients who have the ability to pay.

  • How Lawyers Can Benefit From TikTok Without Being 'Cringe'

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    TikTok should be on every attorney's radar as a digital branding opportunity, but it's important to understand the app and some best practices before diving in, says Cecillia Xie at Yale University.

  • Calif. Tax Board Nonresident Asset Ruling Raises New Issues

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    The California Franchise Tax Board's recent ruling on whether a nonresident's disposition of a partnership interest gives rise to California-sourced income raises new issues for sourcing gain or loss using partnership apportionment factors where unrealized receivables and inventory are involved, says Eric Coffill at Eversheds Sutherland.

  • Series

    In-House At A Cannabis Company: The Real Estate Issues

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    Many cannabis businesses face obstacles when acquiring the real estate needed to operate, from city-imposed fees to premiums on rent, but several strategies can be used to navigate this challenging aspect of the burgeoning industry, which is projected to be valued at $32 billion by year’s end, says Benjamin Clack at Curaleaf.

  • Must Your Client Pay An Opponent's Expert For Prep Time?

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    For parties seeking discovery from an opponent's expert, the law on compensating the expert for preparation time is not settled, and in certain jurisdictions, there are strong arguments that favor avoiding or at least limiting such fee shifting, say Gregory Ruehlmann and Nicholas Mecsas-Faxon at King & Spalding.

  • Understanding Legal Considerations In Cannabis M&A Deals

    Excerpt from Practical Guidance
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    Zachary Turke and Peter Park at Sheppard Mullin discuss the unique set of challenges for both buyers and sellers in cannabis industry merger and acquisition deals, given the rapidly changing economic conditions, the ever-changing regulatory landscape and new market entrants.

  • The New Fintiv Guidance: Overcoming Discretionary Denials

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    Recent U.S. Patent and Trademark Office guidance on the so-called Fintiv factors gives petitioners tools to help overcome discretionary denials, so they should emphasize certain facts that suggest a significant showing, as they wait to see how the PTAB will determine whether a petition is suitably compelling, says Daniel Callaway at Farella Braun.

  • Opinion

    Bar Exam Policies On Menstruation Still Fall Short

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    While many states have taken steps to address long-standing and problematic bar exam policies on menstruation and menstrual products, the changes do not go far enough to remove the continued disadvantages menstruating test takers face, highlighting the need for comprehensive and quick action ahead of this month's exams, say law professors Margaret Johnson, Elizabeth Cooper and Marcy Karin.

  • Twitter V. Musk Is Starting To Look Like A Cautionary M&A Tale

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    In filing a lawsuit claiming Elon Musk knowingly signed a one-sided agreement that favored Twitter, the social media giant has opened itself up to renewed scrutiny of its own conduct, a move that may provide lessons for future merger disputes, says Douglas Smith at Aurelius Law.

  • Keys To Crafting Hybrid Work Policies At Law Firms

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    As law firms embrace hybrid work as a middle ground in a post-pandemic world, work arrangement policies that are built on a foundation of trust and that prioritize lawyers' autonomy over their schedules will give firms an edge in the war for talent, says Alyson Galusha at VOYlegal.

  • Your AI Program Probably Isn't A Person In A Court Of Law

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    Artificial intelligence developers will likely continue to claim AI programs deserve legal rights, after a former Google engineer recently hired a lawyer for AI he worked on, but courts have traditionally been unreceptive to arguments that nonhumans have legal capacity, says Evan Louis Miller at McManis Faulkner.

  • Capturing Carbon In California: Opportunities And Challenges

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    California is well situated to play a leading role in carbon capture and sequestration, but there remain barriers to widespread CCS deployment — including policy and regulatory hurdles, and the concerns of potentially affected communities, say Brian Israel and Samuel Pickerill at Arnold & Porter.

  • Tips For Handling Audio Data In E-Discovery Post-Pandemic

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    The rise of remote meetings during the COVID-19 pandemic has boosted the volume and importance of audio data in e-discovery — so organizations in highly regulated industries must collect and process that data, and establish complex strategies to manage their audio records, says Jack Bullen at FTI Consulting.

  • Navigating Single-Asset Real Estate Status In Bankruptcy

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    A California district court recently held that a property that doesn’t produce income is a single-asset real estate debtor in Shady Bird Lending v. The Source Hotel, highlighting how such designation can affect the trajectory of Chapter 11 bankruptcy cases and how a creditor secured by such property can obtain relief from the automatic stay, say attorneys at Kramer Levin.

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