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September 18, 2024
Netflix's 'Varsity Blues' Setback Puts Media On Watch
Netflix Inc.'s failure to bring about dismissal of a defamation suit brought by a private equity executive tied to the "Varsity Blues" college admissions case is a warning to media companies when blurring the line between documentary and drama, experts told Law360.
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September 18, 2024
9th Circ. Breathes New Life Into Swimmers' Boycott Suit
The Ninth Circuit has revived a class action from the International Swimming League and a trio of competitive swimmers accusing the sport's global governing body of orchestrating a de facto boycott of the upstart league, overruling a district court that threw out the case.
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September 18, 2024
Silvergate Bank Parent Co. Files Ch. 11, Plans Liquidation
The parent company of shuttered cryptocurrency-focused bank Silvergate filed for Chapter 11 protection in Delaware on Tuesday with plans to wind down and liquidate its remaining assets.
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September 17, 2024
Bible Tabs Maker Says Chinese Co. Sold Amazon Dupes
The maker of Bible index tabs has sued a Chinese company allegedly selling knock-offs on Amazon that copy the brand's "expressive, ornamental and distinctive floral designs."
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September 17, 2024
2nd Circ. Lets American Girl Doll Counterfeit Case Proceed
The Second Circuit on Tuesday held that doll manufacturer American Girl LLC could move ahead with its New York federal suit accusing a China-based company of selling counterfeit versions of its dolls, finding that American Girl showed the defendant transacted business in the state.
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September 17, 2024
Ford Barred From Using InterMotive Mark After $13M Verdict
A Michigan federal judge permanently barred Ford Motor Co. from using the name of a California tech company's vehicle control module, following last year's jury award of more than $13 million to the tech maker for infringement by Ford.
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September 17, 2024
Flowers For Miley? Not Without Bruno Mars, Suit Says
Singer Miley Cyrus is accused of lifting extensively from Bruno Mars' popular song "When I Was Your Man" to create her hit "Flowers," according to a copyright suit in California federal court that also targets Sony, Apple, Disney and several others.
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September 17, 2024
Ex-Worker Suing Over Bonuses Backed Axing Them, X Says
X Corp. urged a California federal court to reject a former director's bid to certify a class that could exceed 2,000 members in his suit accusing it of reneging on promised bonuses after Elon Musk took over, saying the former employee was the one who axed the bonuses in the first place.
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September 17, 2024
Pryor Cashman Taps NY Litigator As Next Managing Partner
A New York-based litigator will be the new managing partner of Pryor Cashman LLP starting next year, capping off a nearly 30-year journey at the firm that he began as an associate.
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September 17, 2024
PAGA Claim On Unpaid Wages Dismissed In Joint Agreement
A computer technician and an IT Services Company have agreed to dismiss the remaining representative claim in an unpaid wages case that raised questions about the interplay between California's Private Attorneys General Act and arbitration.
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September 17, 2024
Tech Co. Takes Shot At Brooklyn Nets Over 'Netaverse' Use
The Brooklyn Nets have damaged the reputation of hardware and software technology company Phinge Corp. by unlawfully using the phrase "netaverse," which Phinge has been using since 2022, for the team's virtual reality services, according to a new trademark infringement lawsuit lodged in California federal court.
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September 17, 2024
Google Taps In-House Atty For Head Of General Litigation
Google has promoted a longtime in-house attorney to be its head of general litigation, tapping a 13-year veteran of the tech giant who originally studied architectural engineering before going to law school.
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September 17, 2024
Licorice Maker KLN Defeats 'Naturally Flavored' Deception Suit
A California federal judge has dismissed a proposed class action lawsuit alleging the manufacturer of Wiley Wallaby falsely advertised the licorice as "naturally flavored," finding the suit lacked particularity in alleging that the malic acid used in the product was artificial.
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September 17, 2024
Meta Deletes Photo Tagging IP At Fed. Circ.
The Federal Circuit on Tuesday handed Meta Platforms Inc. a win in an infringement case, upholding the invalidation of a patent-holding company's patent on digitally tagging images and dismissing related patents on appeal after they failed to survive at the Patent Trial and Appeal Board.
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September 17, 2024
SEC Fines 12 Muni Advisers $1.3M In Texting Probe Actions
The U.S. Securities and Exchange Commission on Tuesday fined 12 municipal advisory firms a combined $1.3 million over their failure to keep records of employees' use of text messages and other so-called off-channel communication methods to conduct business.
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September 17, 2024
Better Days Ahead For Associates, Recruiters Say
Things are looking up for associates, recruiters say, as a strong economic outlook for the legal industry appears to be driving increased demand for younger attorneys after two straight years of layoffs.
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September 17, 2024
Duane Morris Atty Asks Court To Keep Proposed Class Alive
A Duane Morris LLP attorney asked a California federal court to keep her proposed class action against the firm alive, alleging the BigLaw firm is mischaracterizing her claims that it underpaid and misclassified employees.
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September 17, 2024
Eversheds US Chief-Elect Talks Firm Goals, DC Move Plans
Eversheds Sutherland named Lino Mendiola III the chief executive-elect for the U.S. side of the firm on Monday. Here, Mendiola talks to Law360 about his goals, his plans to continue the firm’s culture of innovation and why he’s transferring from Austin, Texas, to Washington, D.C., with the promotion.
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September 17, 2024
California Powerhouse: Robbins Geller
Robbins Geller Rudman & Dowd LLP continues its fierce pursuit of justice for investors who've suffered losses from securities fraud, including securing a $350 million settlement in an investor action against Google parent Alphabet and reaching a $490 million shareholder deal with Apple, putting the firm among Law360's 2024 California Powerhouses.
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September 16, 2024
Pot Co. Execs Go To 9th Circ. In Investment Scam Case
A California cannabis company and its co-founders on Monday appealed a federal court decision booting them from the securities industry and holding them liable for roughly $6 million tied to a medical marijuana investment scam, the same day that the U.S. Securities and Exchange Commission asked the court to order a third individual to pay up for his part in the alleged scam.
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September 16, 2024
Christian Family Seeks Asylum Decision After 7-Year Wait
A Christian family fearing religious persecution in Egypt filed a lawsuit in California federal court, seeking an order for the government to process their application for asylum which was filed more than seven years ago, in 2017.
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September 16, 2024
CFT Capital Raises $781M For 2nd Co-Investment Fund
Los Angeles-based CFT Capital, which manages assets on behalf of the family who founded Panda Express' parent company, said Monday it has clinched its second co-investment fund after amassing roughly $781.2 million in capital.
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September 16, 2024
IBM Wins $45M From Zynga In Gaming Patent Trial
A Delaware federal jury has found that social game developer Zynga Inc. infringed two IBM patents with its interactive games and owes the tech giant $45 million.
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September 16, 2024
9th Circ. Won't Review Tribal Jurisdiction In Virus Suit
An en banc panel of the Ninth Circuit on Monday upheld a panel's finding that the Suquamish Tribal Court has jurisdiction over the tribe's coronavirus coverage dispute with its insurers, though a dissent claimed the panel decision "gutted any geographic limits of tribal court jurisdiction."
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September 16, 2024
Why A Tactic In The Youth Climate Change Battle Is Risky
Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360.
Expert Analysis
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How 5 States' Deal Notification Laws Are Guiding Healthcare
Healthcare transaction notification laws at various stages of implementation in California, Illinois, Indiana, Oregon and Washington are shaping sector mergers and acquisitions, with significant transparency, continuity of care and compliance implications as providers tackle complex regulatory requirements, says Melesa Freerks at DLA Piper.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Alice Step 2 Trends Show Courts' Extrinsic Evidence Reliance
A look at recent trends in how district courts are applying Step 2 of the Alice framework shows that courts have increasingly relied on extrinsic evidence to help determine whether a claimed invention is "well-understood, routine, and conventional," says Jonathan Tuminaro at Sterne Kessler.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.
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What Cos. Should Know About New Global Plastics Regs
As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.
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How Calif. Ruling Alters Worker Arb. Agreement Enforcement
The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.
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The Rise Of State And Local Environmental Leadership
While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.
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Justices' Criminal Law Decisions: The Term In Review
Each of the 11 criminal decisions issued in the U.S. Supreme Court’s recently concluded term is independently important, but taken together, they reveal trends in the court’s broader approach to criminal law, presenting both pitfalls and opportunities for defendants and their counsel, says Kenneth Notter at MoloLamken.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Utilizing Liability Exemption When Calif. Cities Lease Property
With rising costs pushing California municipalities to lease real estate assets instead of purchasing them, municipalities should review the ample case law that supports certain exceptions to California Constitution Section 18(a) requirements, providing that certain long-term lease obligations are not considered to be liabilities, says Steven Otto at Crosbie Gliner.
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.