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May 15, 2024
House Dems Launch Task Force To Address High Court 'Crisis'
A group of House Democrats on Wednesday launched a task force seeking to bring more transparency and accountability to the U.S. Supreme Court.
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May 15, 2024
Metropolis, SP Plus Get Rare Early End To $1.5B Deal Probe
The U.S. Department of Justice has agreed to a rare early termination of its review of payments tech company Metropolis Technologies Inc.'s planned $1.5 billion deal for parking and logistics provider SP Plus Corp., after previously requesting additional information about the transaction.
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May 15, 2024
Knicks Owner Must Face Sexual Assault Suit, Accuser Says
A massage therapist has urged a California federal court to not let New York Knicks owner James Dolan out of her lawsuit accusing him of coercing her into a sexual relationship, saying she sufficiently claimed that he forced himself on her despite her refusals.
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May 15, 2024
1 Year After Warhol, Judges Feel Their Way Through Fair Use
In the year since the U.S. Supreme Court ruled in favor of a rock photographer in a copyright dispute over Andy Warhol's iconic silkscreens of music legend Prince, judges have had to rethink their analysis of fair use — sometimes struggling to apply the high court's conclusions to the facts of the cases before them.
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May 15, 2024
Staffing Co. Settles Claims It Spurned Immigrant's Work Docs
A medical staffing company agreed to improve employee anti-discrimination training to resolve allegations that it fired an immigrant employee, after refusing to accept valid evidence that she could work in the U.S., the U.S. Department of Justice announced Wednesday.
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May 15, 2024
Monsanto's $23M False Ad Deal Challenged At 9th Circ.
Counsel representing a certified class of Missouri consumers urged the Ninth Circuit on Wednesday to reverse Monsanto's nationwide $23 million settlement resolving consumer false ad claims over risks associated with its Roundup weedkiller, arguing that Monsanto hid the settlement from the Missouri plaintiffs and that the class is effectively "getting absolutely nothing."
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May 15, 2024
Last-Mile Amazon Driver Does Interstate Work, Panel Says
A driver for a logistics company who primarily made local deliveries for Amazon was engaged in interstate commerce and thus exempt from mandatory arbitration, a California appeals court has held, saying the worker's wage and hour claims can remain in state court.
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May 15, 2024
Top Calif. Dealmakers Join Sullivan & Cromwell From Skadden
Sullivan & Cromwell LLP said Wednesday it is bringing two "top Silicon Valley dealmakers" from Skadden Arps Slate Meagher & Flom LLP to the firm, touting the pair's history with multibillion-dollar technology-related mergers and acquisitions.
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May 15, 2024
Winston & Strawn Adds Buchalter IP Atty As Trademarks Lead
Global firm Winston & Strawn LLP has hired a Buchalter PC attorney to bolster its intellectual property practice and lead its global trademark prosecution and counseling efforts.
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May 15, 2024
IT Recruiters Pursue Win Against Staffing Co. In OT Class Suit
Recruiters for tech staffing company TEKsystems have asked a California federal judge to award them a pretrial win on their claim that the company misclassified them, saying recruiters are entry-level employees, not managers, so they don't qualify for the narrow exemption to California's overtime statute.
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May 15, 2024
TPG, Hassana Craft $1.5B Partnership For Climate Fund
Private equity giant TPG and Saudi Arabia's Hassana Investment Company on Wednesday unveiled a $1.5 billion strategic partnership in TPG's Rise Climate platform that includes a "substantial" anchor commitment to the firm's new Transition Infrastructure fund.
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May 14, 2024
Musk Can't Avoid Another Deposition In SEC Twitter Dispute
A California federal judge on Tuesday ordered Elon Musk to testify once again in the U.S. Securities and Exchange Commission's suit over his $44 billion acquisition of X, formerly known as Twitter, finding that the SEC's subpoena "reasonably seeks" information relevant to the agency's investigation.
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May 14, 2024
Rumble Hits Google With Antitrust Suit Over Ad Practices
Canadian video sharing service Rumble on Monday launched its second antitrust lawsuit against Google, lleging in California federal court that the tech behemoth has built on its search engine monopoly to grab monopoly power across digital advertising markets, echoing claims in pending multidistrict litigation.
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May 14, 2024
Autonomy Overstated Revenue Before HP Sale, Jury Hears
Autonomy's reported revenue was overstated by a combined $300 million in the two-and-a-half years before HP acquired it, an accounting expert testified Tuesday in a California criminal trial over claims that Autonomy founder Michael Lynch duped HP into buying his software company for an inflated $11.7 billion price.
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May 14, 2024
Bedsheet Buyer Attys Clinch $3.5M Fee For Macy's Deal
Lawyers representing a class of consumers that accused Macy's of lying about the thread count of its sheets will get $3.5 million as part of a $10.5 million settlement with the retailer, an Ohio federal judge ruled, but gave the lead plaintiffs a pittance, saying they did not work hard enough to get more.
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May 14, 2024
'Secret' Docs Show Samsung Breached Netlist Deal, Jury Told
An attorney for Netlist told a California federal jury Tuesday during opening statements in its breach of contract suit against Samsung that "secret documents" will show that the technology giant's executives gleefully sought to crush Netlist by cutting off its supply of crucial computer memory products.
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May 14, 2024
Calif. Bar To Weigh New Virtual Bar Exam To Cut Costs
The State Bar of California's board of trustees is expected to consider replacing the National Conference of Bar Examiners' exam and new licensing test with its own state bar exam that could be taken remotely in order to cut up to $4.2 million in costs annually, according to a memo posted online in advance of this week's board meeting.
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May 14, 2024
DOJ Search Case Unveils Google-Apple Pact, Consumers Say
Private plaintiffs are asking for another crack at their antitrust suit accusing Google of entering illegal agreements to serve as the iPhone's default search engine, saying newly discovered contracts unearthed from the U.S. Department of Justice's ongoing case against the tech giant support a reconsideration.
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May 14, 2024
9th Circ. Denies Tribes, Enviro Groups' Power Line Stay Bid
The Ninth Circuit has denied an emergency request by two Native American tribes and a couple of conservation groups to stay an Arizona federal judge's order that allows work to continue on a $10 billion power line.
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May 14, 2024
RFK Jr. Fights Uphill To Get Vax Censorship Block At 9th Circ.
A Ninth Circuit panel appeared skeptical Tuesday of granting Robert F. Kennedy Jr. an injunction in his case alleging Google violated his First Amendment rights by removing certain YouTube videos doubting the safety of the COVID-19 vaccines, with two judges saying his arguments lack evidence.
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May 14, 2024
Calif. City Sues Dow, Shell Over TCP-Tainted Water
Dow Chemical and Shell USA are facing a negligence suit in California federal court by the city of Pomona, alleging the companies are responsible for manufacturing commercial products containing the toxic 1,2,3-trichloropropane that has migrated into the city's water supply and seeking to recoup costs over response efforts.
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May 14, 2024
Stitch Fix Stockholder's Del. Suit Alleges $102M Insider Trades
Insiders at online personal styling service Stitch Fix Inc. sold $102 million worth of company stock while hiding information for nearly 18 months about the company's faltering business prospects, a shareholder has alleged in a new Delaware Chancery Court complaint.
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May 14, 2024
Insurer Wants Tainted Wine Coverage Suit Axed For Good
A Nationwide unit asked a California federal court to permanently toss a wine bottling company's suit seeking reimbursement for costs incurred in defending and settling an underlying suit claiming the bottler damaged nearly $1.2 million of wine, saying the company failed to allege facts that would trigger coverage.
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May 14, 2024
Revised $2.25M Walmart OT Deal Fails For Lack Of Changes
A California federal judge again refused to approve a $2.25 million deal between Walmart and 1,700 workers that would resolve an unpaid overtime lawsuit, finding that the modified agreement did not fix deficiencies the court had previously identified in the settlement's distribution method.
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May 14, 2024
Tesla Sued By Enviro Group Over Air Pollution At Calif. Plant
An environmental justice organization filed a citizen action against Tesla on Monday in California federal court alleging that the electric-car maker's plant in Northern California has spewed dangerous pollutants into the air for years and has failed to take sufficient precautions to prevent the emissions.
Expert Analysis
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SAG-AFTRA Contract Is A Landmark For AI And IP Interplay
SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.
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Reducing Carbon Footprint Requires A Tricky Path For CRE
As real estate owners find themselves caught between rapidly evolving environmental, social and governance initiatives and complicated societal debate, they will need to carefully establish formal plans to remain both competitive and compliant, say Michael Kuhn and Mahira Khan at Jackson Walker.
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Ore. Insurance Ruling Opens Door To Extracontractual Claims
The Oregon Supreme Court's recent Moody v. Oregon Community Credit Union decision expanding an insurer's potential liability when adjusting life insurance policies exposes insurers to extracontractual tort liability, and the boundaries of this application will likely be tested through aggressive legal action, says Tessan Wess at GRSM50.
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Navigating New Regulations In Healthcare And Other M&A
While notice requirements recently enacted in several states are focused on the healthcare industry for now, this trend could extend to other industries as these requirements are designed to allow regulators to be a step ahead and learn more about a transaction long before it occurs, say Kathleen Premo and Ashley Creech at Epstein Becker.
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The Corporate Disclosure Tug-Of-War's Free Speech Issues
The continuing conflict over corporate disclosure requirements — highlighted by a lawsuit against Missouri's anti-ESG rules — has important implications not just for investors and regulated entities but also for broader questions about the scope of the First Amendment, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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What Brands Must Know For Calif. Recycle Label Compliance
A brand that stamps nonrecyclable packaging with the chasing arrows symbol could face liability under California's new law on labeling recyclable material, so brand owners should keep an eye on the state's pending survey process to identify which materials meet the criteria before requirements go into effect, say attorneys at ArentFox Schiff.
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What New Calif. Strike Force Means For White Collar Crimes
The recently announced Central District of California strike force targeting complex corporate and securities fraud — following the Northern District of California's model — combines experienced prosecutorial leadership and partnerships with federal agencies like the IRS and FBI, and could result in an uptick in the number of cases and speed of proceedings, say attorneys at MoFo.
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FTC AI Inquiry Signals Intensified Focus On Emerging Tech
The Federal Trade Commission's recent inquiry into investments and partnerships between Big Tech companies and artificial intelligence startups appears to be directed at guiding future enforcement decisions in competition, privacy and consumer protection — and three principles discussed at a related tech summit give insight on the agency's approach, say attorneys at Skadden.
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Preparing For A New Wave Of Litigation Under Silicosis Rules
After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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A Key Tool For Calif. Policyholders With Nonadmitted Insurers
As insurers increasingly flee California and residents of the Golden State are forced to insure their properties with nonadmitted insurers, it is crucial to understand the Unauthorized Insurers Process Act, a critical but underutilized tool for policyholders, say Keith Meyer and Kya Coletta at Reed Smith.
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Opinion
Gilead Ruling Signals That Innovating Can Lead To Liability
A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.
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Vagueness In Calif. Climate Law Makes Compliance Tricky
California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.
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Grant Compliance Takeaways From Ga. Tech's FCA Settlement
Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.