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April 15, 2024
Biden Approves Disaster Declarations For States, Tribe
The states of Oregon and California, along with one of their tribal communities, will receive federal emergency aid to help recover from severe winter storms that caused widespread damage and killed several people in January and February.
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April 15, 2024
Boeing Says Virgin Can't Use Another Court To Avoid IP Suit
Boeing has urged the Virginia federal judge overseeing its breach of contract and trade secrets dispute with Virgin Galactic to block Virgin from moving forward with a "copycat" lawsuit in California, saying Virgin is wrongly trying to avoid the original lawsuit.
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April 15, 2024
Apple Faces Two Suits Over IPhone Market Dominance
Apple has been hit with a pair of suits alleging it has unfairly stifled competition in the smartphone market and that its practices and iPhone sales have violated federal securities and antitrust laws.
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April 15, 2024
L'Occitane Privacy Suit Against Zimmerman Reed Trimmed
A Los Angeles federal court is weighing ending a suit by L'Occitane against Zimmerman Reed LLP and thousands of clients who complained that the company's website tracking tools violated their online privacy, after denying a bid by defendants to compel arbitration and tossing a claim that Zimmerman Reed violated the Computer Fraud and Abuse Act.
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April 15, 2024
Apple Defends Anti-Steering Rule Compliance In Epic Case
Apple told a California federal court it has fully complied with an order barring anti-steering rules in its App Store and said complaints from Epic Games, Microsoft and others about its compliance are just efforts by the companies to pad their own profits.
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April 15, 2024
9th Circ. Says Court Must Consider Pay In Navajo Benefits Bid
The Ninth Circuit has vacated a ruling that a Navajo Nation member failed to prove he was wrongfully denied relocation benefits after the U.S. gave his ancestral lands to the Hopi Tribe, with a split panel remanding the case to federal district court with instructions to consider evidence of his income.
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April 15, 2024
Freshfields Picks Up Covington M&A Pro In Silicon Valley
Freshfields Bruckhaus Deringer LLP is growing its corporate practice, bringing in a Covington & Burling LLP mergers and acquisitions expert as a partner in its Silicon Valley office, the firm said Monday.
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April 15, 2024
Calif. AG Backs Unfair Competition Claims Against State Farm
California policyholders should be able to assert claims under the state's unfair competition law independent of a one-year claim filing deadline under their insurance policy, state Attorney General Rob Bonta told the California Supreme Court, backing a San Francisco homeowner's unfair competition claims against a State Farm unit.
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April 15, 2024
Ex-Medical Co. GC's Suit Against Loeb & Loeb Gets Trimmed
A Colorado federal court has narrowed a lawsuit by a former medical device company's in-house attorney against Loeb & Loeb LLP and an ex-firm attorney for pursuing claims on behalf of the business alleging that he stole its trade secrets.
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April 15, 2024
Clearlake Increases Blackbaud Takeover Bid To $4.3B
Private equity shop Clearlake Capital has upped its offer to purchase Blackbaud Inc. by roughly $500 million — bringing its proposal to around $4.3 billion — after the cloud computing software company rejected its previous buyout bid, with the firm saying the take-private deal would be the "clearest path" to maximizing shareholder value.
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April 15, 2024
9th Circ. To Hear Hunter Biden Appeal In Criminal Tax Case
The Ninth Circuit will hear Hunter Biden's argument that a California federal judge wrongly rejected requests by his defense team to toss a criminal tax case that Biden has claimed is politically motivated and vindictive, according to a notice filed Monday.
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April 15, 2024
Attys In Google Maps Case Chided For Wordy Footnotes
A California federal judge has flagged attorneys representing Google Maps customers in an antitrust action for submitting a filing with "numerous excessively long footnotes," and threatening sanctions if they don't provide a reasonable explanation to the court.
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April 15, 2024
Google Says Worker Fired Over Threats, Not Bipolar Disorder
Google told a California federal court it should toss a lawsuit alleging the tech giant fired an employee because he took medical leave due to his bipolar disorder, arguing he was let go because of threatening emails he sent rather than his mental illness.
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April 15, 2024
Ex-Calif. Bar Leader Loses Bid To Gut Ethics Case
A California Bar Court has denied the latest attempt by former State Bar of California Executive Director Joe Dunn to sink an ethics case accusing him of improperly using bar funds to pay for a 2014 trip to Mongolia, finding the court already twice rejected his effort to dodge the claim and there was no reason to change course.
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April 15, 2024
State Farm, HOA Settle Wire Fraud D&O Coverage Dispute
A State Farm unit and a property owners association reached a conditional settlement agreement in the association's suit seeking directors and officers coverage for underlying litigation stemming from a wire fraud incident, they told a California federal court.
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April 15, 2024
California Judge Fights New Ethics Charges
A California state judge on Friday responded to new ethics charges related to his participation in an online debate from his chambers and comments he made during a court hearing.
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April 15, 2024
Justices Skip Appeal Over $36M Sanction In TM Case
The U.S. Supreme Court will not consider the appeal of a man who argued the Ninth Circuit was wrong to impose $36 million in sanctions against him and several companies in a trademark dispute, the justices said Monday.
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April 15, 2024
High Court Won't Hear California Tribal Casino Dispute
The U.S. Supreme Court on Monday denied a bid by an anti-casino advocacy group seeking to overturn a Ninth Circuit decision that dismissed their case after determining that the Ione Band of Miwok Indians is eligible to go forward with its project in California.
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April 15, 2024
High Court Passes On Tenants' Debt Collection Dispute
The U.S. Supreme Court on Monday declined to consider a Ninth Circuit ruling that revived a suit filed by tenants who hit a California law firm with a Fair Debt Collection Practices Act suit.
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April 12, 2024
Real Estate Authority: RE Women In BigLaw, Q1, Proptech
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on gender diversity rates among 20 BigLaw real estate practices, M&A and financing stats from the first quarter, and the 2024 Real Estate Technology Conference in New York.
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April 12, 2024
Dunn DeSantis Expands San Diego Office With 7 Attorneys
Dunn DeSantis Walt & Kendrick LLP recently expanded its San Diego office with the addition of seven employment law attorneys, the firm said in a statement.
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April 12, 2024
Patreon Takes Aim At Constitutionality Of Video Privacy Law
Content monetization platform Patreon pressed a California federal judge Friday to toss a proposed class action claiming it violated the Video Privacy Protection Act by sharing members' video-watching data with Meta, arguing that the "poorly drafted" federal law unconstitutionally restricts its speech and imposes damages unrelated to any actual harm.
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April 12, 2024
'Much More Is Coming': Experts See Wave Of AI-Related Suits
Legal experts speaking Friday at the University of California, Berkeley School of Law's symposium on artificial intelligence and evidence in civil litigation warned that broadening usage and increased regulation will lead to a wave of litigation over the technology, leaving courts to analyze the "black box" of corporate AI algorithms to determine liability.
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April 12, 2024
Epic Wants Google Play Store Reforms After Antitrust Verdict
Following Epic Games' jury win on antitrust claims related to the Google Play Store and Android apps, the "Fortnite" maker has asked a California federal judge to force Google to allow consumers to download apps from wherever they want and bar the tech giant from restricting in-app purchase options.
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April 12, 2024
Virgin Fest Wins $2M In Del. After Calif. Music Event Bust
A festival-promoting interest of British billionaire Richard Branson's empire secured a $2 million judgment in Delaware's Superior Court Friday against a music festival producer, previously known as Kaaboo LLC, after a court finding that Kaaboo provided an unsupported, $10 million value for a California festival before Virgin Fest purchased the business.
Expert Analysis
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Opinion
CFPB Must Clarify When Anti-Fraud Benefits Offset Harms
The Consumer Financial Protection Bureau's ill-explained orders against two banks, concerning legitimate unemployment accounts that were frozen in attempts to control COVID-era fraud, illustrate an urgent need for bureau guidance on when the systemwide benefits of a potentially unfair practice outweigh the risk of harming a minority of consumers, says Jonathan Joshua at Joshua Law Firm.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Calif. High Court Ruling Outlines Limits On PAGA Actions
While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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5 Legal Considerations For Psychedelic Therapy Sector
With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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The Section 230 Immunity Provision Debate Continues
The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.
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Bracing For Calif.'s New Health Transaction Framework
As California's new cost and market impact review regulations' April 1 date for its updated notice and review process approaches, healthcare entities should ready themselves for dramatic changes to the state's regulatory landscape and prepare for potentially substantial transaction delays, say Jordan Grushkin and Matthew Goldman at Sheppard Mullin.
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Will Justices Settle Decades-Old Split On Arbitrator Conflicts?
Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.
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What To Keep Tabs On In The NIL Arena This Year
The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.
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Patent Prosecution Carries Consequences For Later Litigation
The Federal Circuit's recent Mylan v. Actelon holding, along with three other 2023 decisions, underscores the continued need for patent prosecutors to make note of potential claim construction issues that may arise in subsequent litigation, says Steven Wood at Hunton.