California

  • December 06, 2021

    Alphabet Investors Sue Over 'Billions' In Antitrust Liability

    Alphabet Inc. investors hit the Google parent's board with a pair of derivative suits alleging in California federal court that executive mismanagement has led to "multi-billion-dollar antitrust liability" and the outlay of tens of millions of dollars on investigations and civil actions related to Google's alleged anti-competitive practices.

  • December 06, 2021

    FTC's Nvidia Challenge Calls Arm 'De Facto Industry Standard'

    The Federal Trade Commission's complaint challenging Nvidia Corp.'s planned $40 billion purchase of Arm Ltd. alleges the move would give one of the largest and most valuable computing companies in the world ownership over technology that's crucial to its rivals.

  • December 06, 2021

    9th Circ. Upholds Telescope Co.'s $50M Antitrust Verdict

    The Ninth Circuit on Monday mostly left intact a $50 million judgment in favor of Orion Telescopes & Binoculars in its antitrust beef with Ningbo Sunny Electronic Co. Ltd., finding that the California federal court erred only in excluding a declaration Ningbo Sunny filed supporting its bid to change the judgment.

  • December 06, 2021

    Netflix Uses Dubbing Tech To Steal Content, Film Co. Says

    Amid the success of "Squid Game," Netflix is accused of using sophisticated language-dubbing technology to illegally distribute the 2020 zombie apocalypse film "#Alone," undermining the English-version film script rights, according to a lawsuit filed Monday in California federal court.

  • December 06, 2021

    Vanessa Bryant Drops Suit After Settlement Terms Fulfilled

    Kobe Bryant's widow Vanessa Bryant on Monday formally dropped her wrongful death lawsuit against Island Express Helicopters and the estate of the helicopter pilot over a January 2020 crash that resulted in the death of her husband, her daughter and several others.

  • December 06, 2021

    Samsung Doesn't Owe Netlist For Contract Breach, Jury Finds

    A California federal jury found Friday that Samsung doesn't owe damages for failing to fulfill Netlist's orders for computer memory products in breach of their deal, handing a win to the electronics giant following a judge's ruling in October that Samsung had breached the parties' joint development and patent license agreement.

  • December 06, 2021

    Justices Won't Review Challenge To Nuke Plant Shuttering

    The U.S. Supreme Court on Monday rejected a California public safety advocate's challenge to a Ninth Circuit decision upholding the U.S. Nuclear Regulatory Commission's plan for shutting down a nuclear plant on the Pacific coast.

  • December 06, 2021

    Real Estate Rumors: BlackRock, Atlas Capital, Garchik

    A BlackRock venture has reportedly dropped $16.23 million on a Florida office building, Atlas Capital is said to have wrapped up its $506 million purchase of a New York apartment complex and an entity tied to investor Sydne Garchik is said to have paid $24.57 million for 193 apartment units in South Florida.

  • December 06, 2021

    Toyota Inks $20M Deal To End Prius Stalling Defect Suit

    A group of Toyota Motor Corp. car buyers on Friday asked a California federal judge to greenlight their $20 million class deal resolving claims that the company's hybrid Prius cars were prone to stalling.

  • December 06, 2021

    Sackler Family Denies Pre-Ch. 11 Looting Of Purdue Pharma

    Members of the Sackler family who own drugmaker Purdue Pharma told a New York federal judge Monday that they did not increase transfers of cash out of the business in the run-up to its 2019 Chapter 11 filing, and instead left the company with more unrestricted cash than ever before at that time.

  • December 06, 2021

    Kid's Clothing Co. Sues Cannabis Cos. For TM Infringement

    Children's clothing company Garanimals sued two California cannabis companies Friday, alleging that they have infringed the Garanimals trademark by using it and the company name to sell cannabis products.

  • December 06, 2021

    Supreme Court Won't Try On Ugg Boots TM Fight

    The U.S. Supreme Court declined Monday to wade into a trademark battle between the maker of Ugg boots, California-based Deckers Outdoor Corp., and an Australian apparel company that owes $450,000 after its argument that "ugg" was a generic term from its home country was rejected.

  • December 06, 2021

    9th Circ. Won't Revisit Feds' Win In Tribal Exec's Firing Suit

    The Ninth Circuit has refused to rethink a circuit panel's decision to uphold an early win for the federal government in a suit by a former executive for the Sauk-Suiattle Indian Tribe of Washington's health clinic challenging his firing.

  • December 06, 2021

    Live Nation COVID Loss Capped At $1M Annually, Insurer Says

    Factory Mutual Insurance urged a California federal judge Monday to dramatically trim Live Nation's COVID-19 business interruption suit, saying Live Nation's claim is limited to its policy's coverage for losses from communicable diseases — capped at $1 million annually — and falls outside the policy's coverage for physical loss or damage.

  • December 06, 2021

    Ill. Judge Blesses $28M Wells Fargo Secret Recording Deal

    An Illinois federal judge gave her final approval on Monday to a $28 million settlement between Wells Fargo and a class of customers who claimed the bank used telemarketers to sell them card processing services without warning that the calls were recorded.

  • December 06, 2021

    Fed. Circ. Skeptical Judge Erred In Not Sealing Patent Info

    Federal Circuit judges on Monday pressed a lawyer for copy-protection company Uniloc to explain why he thinks a California federal judge erred in refusing to seal portions of patent licensing data during Uniloc's multiple legal scraps with Apple.

  • December 06, 2021

    Justices Rebuff Bid To Revive Suit Over Calif. Tribal Casino

    The U.S. Supreme Court again declined to rehear a case brought by a group of casino opponents in California who claim the government broke the law by extending gaming rights to a modern tribal "association" organized around biological race.

  • December 06, 2021

    Flowers Foods Must Face Distributors' Misclassification Suit

    Bakery company Flowers Foods Inc. can't escape claims it misclassified six distributor drivers as independent contractors and denied them overtime and meal and rest breaks, a California federal judge has ruled, saying that axing those claims would be premature.

  • December 06, 2021

    Insurer Rejects Car Dealer's Coverage Bid For Worker's Killing

    A California federal court must toss a car dealer's counterclaim demanding that Employers Assurance Co. cover a settlement of a suit over an employee's shooting death, Employers said, citing policy exclusions and the fact that the dealer was never formally served in the underlying case.

  • December 07, 2021

    Laterals, New Offices And More Marked 2021 For Calif. Firms

    As the legal industry nationwide emerged from lockdown and saw even more growth in 2021, no state has experienced a larger boom than California. Law360 breaks down the year's highlights.

  • December 06, 2021

    9th Circ. Snuffs VW Sales Reps' Bid To Save Lost-Income Suit

    The Ninth Circuit on Monday snuffed proposed class claims from California salespeople at independent franchised dealerships seeking to hold Volkswagen liable for lost commissions purportedly stemming from the 2015 emissions-cheating scandal, saying Volkswagen is not a joint employer.

  • December 06, 2021

    Retired Calif. Judge Joins JAMS In Orange County

    JAMS, the largest private provider of alternative dispute resolution services worldwide, has added retired California Judge Charles Margines to its growing list of neutral parties helping to resolve disputes out of court.

  • December 06, 2021

    'Varsity Blues' Mom, Feds Agree On Prison But Not Culpability

    Prosecutors say she's a liar and a cheat, defense attorneys call her a humble and generous mom, but both sides agree that a Harvard Law-educated media mogul ensnared in the "Varsity Blues" college admissions scandal deserves prison time and a quarter-million-dollar fine when she's sentenced this week.

  • December 06, 2021

    Biden Admin. Seeks To Undo Trump-Era Pipeline Approval

    The U.S. Bureau of Land Management has asked a California federal court to let it review and revert its own decision to grant a key right of way to a water pipeline project developer, claiming this was done in the Trump administration's last days without reviewing its impact on the Mojave Desert.

  • December 06, 2021

    Netflix Can't Evade 'Queen's Gambit' Slander Suit, Court Told

    Georgian chess champion Nona Gaprindashvili sought to keep alive a defamation suit over her portrayal in Netflix's hit show "The Queen's Gambit," telling a California federal judge on Friday that "smoke and mirrors" can't obscure the streaming giant's alleged lies about her career.

Expert Analysis

  • When And How To Depose Fact Witnesses Remotely In 2022

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    Tim Tryniecki and Thomas Mudd at MG+M offer a series of practice tips for successfully conducting remote depositions of often-inexperienced fact witnesses, as the virtual court proceedings sparked by COVID-19 look set to become a part of the legal landscape next year.

  • What Calif. Personal Injury Law Change Means For Defendants

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    A recent revision to the law governing survival actions in California will allow a decedent's personal representative to recover noneconomic damages for pain, suffering and disfigurement, thus potentially increasing discovery costs, driving up damage awards and leading to duplicative verdicts, say Anne Marie Ellis and David DeBerry at Buchalter.

  • The State Of Article III Standing In ERISA Cases

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    Elizabeth Hopkins at Kantor & Kantor reviews federal district and appellate court Employee Retirement Income Security Act cases from the year and a half since the U.S. Supreme Court decided Thole v. U.S. Bank, and discusses how the justices’ opinion has not simplified Article III analysis in the ERISA context.

  • Series

    Embracing ESG: PayPal CLO Talks Gauging Impact And Intent

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    For legal teams, the corporate evolution toward more intentional post-COVID-19 environmental, social and governance strategies means deeper integration across business functions, seeking counsel on emerging issues affecting stakeholders, adapting initiatives around changing policies and regulations, and advancing ESG reports to better measure impact, says Louise Pentland at PayPal.

  • Rebuttal

    Don't 'Fix' Misrepresentation Class Claim Pleading Standards

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    A recent Law360 guest article's proposal for a new federal pleading standard for class actions involving alleged misrepresentations is a solution in search of a problem, and would create an unnecessary barrier to average people's ability to seek redress in court, says Nicholas Coulson at Liddle Sheets.

  • Why New Phase I Site Standard Matters For Real Estate

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    As an update to the preeminent standard for Phase I environmental site assessments — an essential part of transactional due diligence — is rolled out, parties to real estate transactions should adopt the new standard if they wish to claim liability protections under the Superfund law, say Lorene Boudreau at Ballard Spahr and Mitchell Wiest and Sara Redding at Roux.

  • Opinion

    Climate Change Lawsuits Are Not 'The New Tobacco'

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    Plaintiffs filing suits against energy companies over climate change are hoping for a reprise of the tobacco litigation of two decades ago, but recent decisions in opioid cases that repudiated expansive use of public nuisance theories spell trouble for similar climate claims, says Donald Kochan at George Mason University Law School.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • As Climate Litigation Heats Up, More Cos. Face Liability Risk

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    The number, pace and sophistication of climate change-related suits are steadily increasing, both in the U.S. and abroad, and while plaintiffs face substantial hurdles under existing law and evidentiary burdens, liability risks to industry, and the scope of potential defendants, are also growing, say attorneys at Pillsbury.

  • COVID Insurance Cases Highlight Federal-State Court Tension

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    COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • 3 Cases Could Influence Electric Vehicle SPAC Litigation

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    Several ongoing lawsuits concerning electric vehicle special purpose acquisition companies could eventually map out liability standards for forward-looking statements on issues such as green energy projections, say attorneys at Quinn Emanuel.

  • How To Draft Earnouts That Avoid Post-Closing Disputes

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    The recent Delaware cases of Pacira BioSciences v. Fortis Advisors and Shire v. Shareholder Representative Services illustrate the importance of drafting earnouts with appropriate specificity and clarity to avoid post-closing disputes and litigation, say attorneys at Fried Frank.

  • Auto Cos. Must Prep For State AG Action On Fuel Efficiency

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    State attorneys general continue to demonstrate their active interest in fuel efficiency standards, so automotive companies should monitor state AGs' statements and activity to respond quickly to new regulatory and enforcement initiatives, say James Koukios and Nathan Reilly at MoFo.

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