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California
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August 30, 2024
Firm Accused Of Botching Arbitration In Tribal Lending Row
Bradley Arant Boult Cummings LLP and one of its former attorneys have been hit with a California federal court suit accusing them of negligence in their representation of a consulting business and its president in a 2018 arbitration they say caused them at least $17.5 million in damages.
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August 29, 2024
'No Hesitation' On $7M Atty Fees For $10B Verdict, Judge Says
A California judge held up a phone book-sized printout Thursday of the 20-year docket for a case that resulted in a $10 billion verdict for four brothers who claim their real estate empire was stolen by another brother, and said she has "no hesitation" granting the plaintiff $7 million in attorney fees.
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August 29, 2024
'You Don't Need To Be Obnoxious': Ch. 11 Hearing Gets Rowdy
A California bankruptcy judge on Thursday slammed an attorney for what he called her "obnoxious" courtroom behavior, while the lawyer argued that a proposed liquidation plan for a defunct law firm could enrich the professionals managing the case and leave little for claimants.
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August 29, 2024
Broadcom Looks To Toss Samsung's Chip Antitrust Case
Broadcom has urged a California federal court to toss a case from Samsung accusing the chipmaker of blocking competitors from the market, saying the companies' supply agreement was not exclusive and did not tie the sale of any product to another product.
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August 29, 2024
2nd Circ. Allows Google Advertisers To Wait To Appeal Loss
The Second Circuit on Wednesday allowed a group of Massachusetts-based gym and spa businesses to drop their challenge of an order tossing their antitrust claims from multidistrict litigation accusing Google of monopolizing digital advertising, but permitted them to refile it once the trial judge decides the MDL's remaining claims.
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August 29, 2024
SEC Says PE Firm Ran $3.3M Real Estate Investment Scam
The U.S. Securities and Exchange Commission has filed a suit in California federal court accusing a private equity firm and its managing partner, who was previously convicted of financial crimes, of fraudulently raising $3.3 million through a Ponzi-like real estate investment scheme.
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August 29, 2024
Sutter Health Kickback Fight Likely Headed To Nov. Trial
A California federal judge indicated Wednesday she's likely to send at least some claims in a whistleblower's kickback suit against Sutter Health and a surgical-practice group to a November trial, saying during a hearing there are disputes over the credibility of certain evidence and that's "the providence of the jury."
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August 29, 2024
DLA Piper Steers Tech-Focused SPAC GigCapital's Latest IPO
GigCapital7 Corp., the latest special-purpose acquisition company led by technology-focused entrepreneur Avi Katz, began trading Thursday after completing a downsized initial public offering that raised $200 million, represented by DLA Piper and underwriters' counsel Lucosky Brookman LLP.
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August 29, 2024
Chancery Gavels In Ex-Jurist As Band Journey's Custodian
Retired Delaware Vice Chancellor Joseph R. Slights III has taken a court-ordered, tie-breaking, front-row seat in the recently messy business of managing the iconic rock band Journey, with the lead bandmates sending up a few sour notes just ahead of the choice.
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August 29, 2024
Schwab's 'Cash Sweep' Paid For TD Ameritrade Buy, Suit Says
The Charles Schwab Corp. has been hit with a proposed class action in California federal court by three customers alleging that the investment bank obtains "outsized benefits" from its cash sweep programs and used a significant amount of the cash to finance its $26 billion acquisition of TD Ameritrade Holding Corp. several years ago.
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August 29, 2024
Seattle Biotech Can't Immediately Force Out LA Times Owner
Billionaire and Los Angeles Times owner Dr. Patrick Soon-Shiong will not be forced to recuse himself from a Seattle-based biotech research institute board while the nonprofit's breach-of-fiduciary duty lawsuit against him is pending, a Washington federal judge said on Thursday.
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August 29, 2024
Nektar Can't Get Docs It Says Show Lilly As 'Thieves, Liars'
A California federal judge Thursday rejected Nektar Therapeutics' request for internal Eli Lilly documents related to separate litigation as Nektar pursues allegations Eli Lilly ruined prospects for a drug the companies were developing together despite Nektar's counsel saying it would "expose Lilly for being thieves, liars."
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August 29, 2024
Democrats Condemn Lawsuit Against New Green Card Rule
Two Democratic senators from Western states rallied on Thursday for the Biden administration's new program to grant parole to noncitizen spouses and stepchildren of U.S. citizens seeking green cards, which a federal court recently halted temporarily.
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August 29, 2024
Coding Platform Hits Unicorn Status After $150M Fundraise
Artificial intelligence-powered code acceleration platform Codeium, advised by Wilson Sonsini Goodrich & Rosati PC, on Thursday revealed that it reached unicorn status in less than two years from its inception after closing its latest funding round with $150 million in tow.
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August 29, 2024
SunPower Eyes Sept. Auction As IP Objection Nixed For Now
A Delaware bankruptcy judge on Thursday overruled an objection to bidding procedures for the assets of residential solar technology company SunPower Corp. from a former subsidiary, finding the dispute over use of the SunPower brand should be heard later.
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August 29, 2024
Mintz Settles Suit Over Clients' $4.3M IP Legal Tab
Mintz Levin Cohn Ferris Glovsky and Popeo PC settled a dispute over $4.3 million in legal fees and interest owed by parking meter provider Duncan Parking Technologies Inc. and its parent company, CivicSmart Inc., according to a Thursday filing.
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August 29, 2024
9th Circ. Says Trucking Group's Brief Is Too Late In AB 5 Row
The Ninth Circuit declined to take up a California trucking industry group's bid to upend a lower court decision that rejected their challenge to the Golden State's independent contractor classification law, known as A.B. 5, saying the group failed to file an opening brief on time.
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August 29, 2024
Ex-Littler Atty Drops Suit Alleging Firm Violated $1M Deal
A former Littler Mendelson PC lawyer has dropped her California state court lawsuit against the firm that alleged it had violated a settlement inked in a suit the firm filed in Texas state court accusing the attorney of stealing confidential information, wrapping up the dispute between the former associate and the firm.
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August 29, 2024
Judge Asked To OK Settlement For Halliburton CERCLA Suit
Halliburton and more than 30 companies seeking to recover costs associated with the cleanup of long-accumulated contamination at a Superfund site have struck a settlement in California federal court in an attempt to bring to a close a decade of litigation.
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August 28, 2024
Calif. Assembly OKs 1st-Of-Its-Kind AI Safety Bill
California lawmakers on Wednesday approved a groundbreaking proposal that would set safety and security standards for large artificial intelligence models.
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August 28, 2024
9th Circ. Revives Atty's Suit Against State Bar Officers
The Ninth Circuit on Wednesday reversed a summary judgment win for Oregon State Bar officers, ruling in a published opinion that a member attorney established that the bar violated his constitutional right to freedom of association when publishing statements he objected to that criticized former President Donald Trump.
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August 28, 2024
RFK Jr.'s Atty In Meta Suit Says He's Still Running, Could Win
A lawyer for Robert F. Kennedy Jr. urged a California federal judge on Wednesday to stop Meta from censoring pro-Kennedy posts on Facebook and Instagram, saying his client "remains a presidential candidate" and could "conceivably still win the election," despite his recent announcement that he's suspending his campaign.
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August 28, 2024
9th Circ. Overturns Rule Mandating Sealing Of Health Records
A Ninth Circuit panel found Wednesday that Hawaii state court rules mandating the automatic sealing of medical and health records in civil and criminal proceedings are unconstitutionally overbroad.
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August 28, 2024
Hunter Biden's Addiction Expert Knocked Out Of Tax Trial
A California federal judge on Tuesday barred Hunter Biden's expected addiction expert from testifying in his upcoming trial on tax charges, saying the expert's opinions hadn't been clearly linked to the specifics of Biden's own struggle.
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August 28, 2024
Game-Maker Zynga Can't Ax IBM Patent Ahead Of Sept. 9 Trial
The video game developer behind "Farmville" and "Words with Friends" failed Wednesday to convince a Delaware federal judge that claims in an IBM patent cover ideas too routine for patent protection, allowing the tech giant to bring those claims before a jury trial scheduled for early next month.
Expert Analysis
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Politics In The Workplace: What Employers Need To Know
As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain
The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.
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4 Ways Businesses Can Address Threat Of Mass Arbitration
Attorneys at DLA Piper examine the rise of mass arbitration in light of JAMS' new procedures and guidelines, and provide four steps e-commerce businesses can take when revising their dispute resolution provisions to maximize the chances those revisions will be held enforceable.
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What High Court Ruling Means For Sexual Harassment Claims
In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.
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Trademark In Artistic Works 1 Year After Jack Daniel's
In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.
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9th Circ. Ruling Broadens Sweep Of Securities 'Solicitation'
The Ninth Circuit's recent revival of a putative securities fraud class action against Genius Brands for hiring a stock promoter to write favorable articles about it shows that companies should view "solicitation" broadly in considering whether they may have paid someone to urge an investor to purchase a security, say attorneys at Simpson Thacher.
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NCAA Settlement May End The NIL Model As We Know It
The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.
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Opinion
The FTC And DOJ Should Backtrack On RealPage
The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.
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How Federal And State Microfiber Pollution Policy Is Evolving
Growing efforts to address synthetic microfiber pollution may create compliance and litigation issues for businesses in the textile and apparel industries, so companies should track developing federal and state legislation and regulation in this space, and should consider associated greenwashing risks, says Arie Feltman-Frank at Jenner & Block.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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5th Circ. Venue-Transfer Cases Highlight Mandamus Limits
Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.