• June 01, 2020

    9th Circ. Revives Post-Sale Claims In VW Emissions Suit

    The Ninth Circuit told Volkswagen Group of America Inc. and other automakers Monday that they must face claims by two counties over the post-sale modification of "defeat devices" intended to fool emissions testing, saying the Clean Air Act only preempts the counties' claims over new vehicles.

  • June 01, 2020

    JPMorgan Seeks To Halt MDL Push Over Virus Relief Loans

    JPMorgan Chase Bank NA has urged a federal judicial panel not to create multidistrict litigation for an array of lawsuits it's facing over its participation in a federal coronavirus relief loan program for small businesses, arguing that the cases are "a jigsaw puzzle of unmatched pieces."  

  • June 01, 2020

    Consumers Say Co. Touts More CBD Than It Delivers

    CBD company Just Brands USA Inc. was hit with a proposed class action on Friday in California federal court alleging that the company inflates the amount of CBD on the labeling for its edible products and tinctures, with some containing no CBD at all.

  • June 01, 2020

    Hospitalized DuPont IP Thief Seeks Release Over COVID-19

    The first person ever convicted of economic espionage by a federal jury, for stealing manufacturing secrets from DuPont Co. and selling the information to Chinese-owned companies, has asked for early home release, saying he contracted COVID-19 in prison and is on a ventilator.

  • June 01, 2020

    Bulk Of FTC's False Ad Suit Against LendingClub Kept Alive

    A California federal judge gave both the Federal Trade Commission and LendingClub partial quick wins Monday in the regulator's false advertising suit against the loan servicer, but allowed the bulk of the suit to move forward after finding that several questions of fact and law remained.

  • June 01, 2020

    Western Digital Sued Over 'Completely Worthless' Hard Drives

    Western Digital Corp. has been hit with a proposed class action in California federal court accusing the data storage giant of surreptitiously changing the design of a popular hard drive product in a way that made the devices "completely worthless."

  • June 01, 2020

    Tribe Can't Block Irrigation Plan In Its Bid To Protect Salmon

    A California federal judge has rejected the Yurok Tribe's bid to lift a stay in a suit against the federal government seeking to protect a salmon species from the impacts of an irrigation project in the Klamath River.

  • June 01, 2020

    3 Firms Help Two Biotechs Term IPOs Worth $205M

    Three law firms are representing biotechnology companies Applied Molecular Transport and Calliditas Therapeutics as they set terms Monday for their American initial public offerings worth about $205 million.

  • June 01, 2020

    Calif. Appeals Court Revives Anheuser-Busch Pricing Suit

    A California appeals court on Friday revived a bid for class certification from a group of convenience store owners suing Anheuser-Busch LLC over an alleged beer-pricing scheme, ruling that the trial court's basis for denying certification cannot be upheld due to a recent decision by the state's Supreme Court.

  • June 01, 2020

    Snubbed CRT Buyers Say Leaner Price-Fix Deal Still No Good

    Cathode ray tube buyers excluded from a recently retooled package of price-fixing settlements with electronics makers have called on a California federal judge to roll back his initial approval of the deals, arguing they're being shortchanged.

  • June 01, 2020

    2nd Circ. Side-Eyes Vehicle Emissions Penalty Rollback

    A Second Circuit panel appeared skeptical Monday about whether the Trump administration was within its rights to implement a nearly 61% rollback of penalties for violations of motor vehicle average fuel economy standards.

  • June 01, 2020

    Comcast Tells 9th Circ. Privacy Suit Belongs In Arbitration

    Comcast told the Ninth Circuit on Monday that a subscriber's proposed class action accusing it of violating privacy laws by collecting personal information for advertising purposes belongs in arbitration, arguing that the California Supreme Court's McGill decision barring class waivers doesn't apply.

  • June 01, 2020

    Calif. Dispensary Latest Pot Company To Face TCPA Suit

    A medical pot dispensary in California was the latest in a slew of cannabis companies to face a proposed class action over Telephone Consumer Protection Act violations for allegedly sending unwanted spam marketing texts.

  • June 01, 2020

    Bayer Slams Pet Med Co.'s Bid To Serve Docs Via Email

    Bayer HealthCare urged a California federal court against allowing a generic pet medication maker to flout international protocol for how to serve documents in a $114 million antitrust case, saying the company is trying to use the COVID-19 pandemic as a scapegoat for its own delays and errors.

  • June 01, 2020

    Real Estate Rumors: Investors Bank, Investcorp, Omninet

    Investors Bank is reportedly seeking to sell its $48 million loan backed by a Brooklyn building, an Investcorp venture may give a Florida mall back to its lenders, and Omninet Capital has reportedly paid a combined $78 million for two Los Angeles County office complexes.

  • June 01, 2020

    'Schmaltzy' Warner Bros. Flick Hurt Image, Biker Co. Says

    Warner Bros. and MGM Studios infringed a trademark owned by motorcycle company Deus Ex Machina when they featured a bomber jacket bearing the Australian company's name in their "schmaltzy" young adult romance film "The Sun Is Also a Star," according to a lawsuit filed Friday in California federal court.

  • June 01, 2020

    Justices Won't Take AT&T, Comcast Arbitration Fight

    The U.S. Supreme Court won't take up AT&T and Comcast's efforts to force two separate consumer disputes into arbitration, according to orders released Monday.

  • June 01, 2020

    Avenatti's Calif. Trial Pushed To December Over COVID-19

    A California federal judge on Monday delayed attorney Michael Avenatti's embezzlement trial by three months, setting a Dec. 8 criminal jury trial while acknowledging the ongoing COVID-19 health crisis makes it difficult to predict with any certainty if that date will stick.

  • June 01, 2020

    Equinix Buys Bell Data Center Portfolio In Canada For $765M

    Equinix has reached a deal to buy 25 data centers in Canada from Bell's parent company for CA$1.04 billion ($765 million), according to separate announcements from Equinix and Bell on Monday.

  • June 01, 2020

    SEC Wins Termination Of Blockvest Suit Due To Forged Docs

    The U.S. Securities and Exchange Commission won terminating sanctions and a default judgment against Blockvest LLC after a California federal court found that the cryptocurrency company's founder had submitted fake documents during the litigation.

  • June 01, 2020

    White & Case, GKC Guide Zynga's $1.8B Mobile Gaming Deal

    Gaming company Zynga said Monday it will acquire Turkey-based mobile gaming company Peak for $1.8 billion in a deal steered on the buy side by White & Case LLP and Turkish firm GKC Partners.

  • June 01, 2020

    Boies Adds 2 From DOJ As Another Partner Exits In NY

    Boies Schiller Flexner LLP, which is undertaking a firmwide restructuring process, announced Monday it has hired two partners from within the ranks of the U.S. Department of Justice to bolster its white collar and trial capabilities in Washington, D.C., and Los Angeles.

  • May 31, 2020

    Federal Officer Shot Dead At Oakland Court As Protests Raged

    A Federal Protective Service contract security officer guarding the district courthouse in Oakland, California, was killed in a drive-by shooting Friday night, and another was critically injured as thousands of protesters marched along downtown city streets.

  • May 30, 2020

    Supreme Court Says Calif. Can Limit Church Gatherings

    Chief Justice John Roberts Jr. joined his liberal colleagues on the U.S. Supreme Court early Saturday morning to deny a request from a California church to lift restrictions on religious gatherings in the state during the pandemic.

  • May 29, 2020

    Rejected College Applicants Can't Sue Over 'Varsity Blues'

    A California federal judge tossed two putative class actions against the mastermind of the "Varsity Blues" admissions cheating scandal and universities tied to the headline-grabbing case, ruling Friday that the rejected college applicant plaintiffs weren't particularly impacted by the scheme.

Expert Analysis

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Adapting To Worker-Friendly City Laws Prompted By Virus

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    COVID-19 has led to municipal legislation focused on scheduling, paid sick leave, anti-retaliation and protections for laid-off workers that businesses must monitor and adapt to as they call back employees and resume customer services, say Julie Trester and Jeremy Glenn at Cozen O'Connor.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Limiting Employer Liability For Secondhand Virus Exposure

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    While the law on secondhand exposure to workplace hazards like COVID-19 varies from state to state, employers can make educated guesses about the scope of liability and the steps needed to protect workers and limit claims from third parties, say attorneys at McGuireWoods.

  • Strategies For Managing Calif. Litigation As Courts Reopen

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    As state and federal courts in California begin to reopen, strategic decisions need to be made about where cases should be filed, public and private perception of litigation conduct, alternative plans for discovery, and more, says attorney Steven Brower.

  • Reopening Sports Venues To Fans Poses Legal Hurdles

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    As the economy reopens, sports leagues planning to bring back games with fans in attendance will need to weigh not only important health and safety issues but also the accompanying business and legal risks, say Christopher Conniff and Nicholas Macri at Ropes & Gray.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Tips For Spoliation Claims In Trade Secret Cases

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    As businesses move toward the complete digitization of information, spoliation issues are increasingly arising in the context of trade secret litigation, and a recent California federal court's decision in WeRide v. Huang is a great example of how plaintiffs can use spoliation offensively to obtain a win, say attorneys at Arent Fox.

  • Early Securities Litigation Trends Stemming From Recent IPOs

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    Attorneys at WilmerHale analyze Securities Act complaints against companies that went public immediately prior to and during the COVID-19-induced market volatility, providing preliminary insights into whether, when and on what basis recent issuers are facing securities litigation.

  • Top 5 Wage And Hour Risks To Avoid As Businesses Reopen

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    Employers should use extra caution to sidestep several key wage and hour mistakes as businesses prepare to reopen following the coronavirus crisis and worker classification and Fair Labor Standards Act compliance comes under increased scrutiny, say Kathleen Caminiti and Eric Baginski at Fisher Phillips.

  • Calif. Justices' Ruling Marks Turning Point For Jury Trial Right

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    The California Supreme Court’s holding that unfair competition and false advertising claims don’t need to be tried by a jury in Nationwide Biweekly v. Superior Court creates a framework for analyzing causes of action under other state laws that could steer courts to similar conclusions, says Patrick Hammon at McManis Faulkner.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Telework Transition Holds Key Lessons For Public Agencies

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    Public agencies’ shift to remote work arrangements due to the pandemic highlights important lessons on policies, protocols and workplace safety that can help them prepare for challenges as telework becomes the new norm, say Oliver Yee and Alysha Stein-Manes at Liebert Cassidy.

  • Wash. ERISA Ruling Paves Way For Access To Health Benefits

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    A Washington federal court’s recent decision that a hotel industry health care ordinance is not preempted by the Employee Retirement Income Security Act in ERISA Industry Committee v. Seattle is a critical step toward making health care universally available, particularly for low-wage, nonunion employees, says Mark DeBofsky at DeBofsky Sherman.

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