California

  • November 23, 2020

    Biden Lauds GM's U-Turn In Tailpipe Emissions Legal Battle

    President-elect Joe Biden praised General Motors' decision Monday to stop supporting the Trump administration's efforts to roll back states' tailpipe pollution regulations, with Biden and the automaker singing high praises for electric vehicles in the fight against climate change and urging fellow automakers to end their support of the litigation.

  • November 23, 2020

    SPAC Links Up With 2 Cos. To Form $1.35B Telehealth Giant

    A special purpose acquisition company launched by serial blank check company creator GigCapital Global unveiled plans Monday to merge with digital health care provider UpHealth and telemedicine solutions provider Cloudbreak to forge a publicly traded telehealth business with an enterprise value of $1.35 billion, in a deal guided by DLA Piper, Husch Blackwell and Sidley Austin.

  • November 23, 2020

    9th Circ. Applies FLSA Standard To Contractor's FMLA Case

    The Ninth Circuit ruled Monday that the Family and Medical Leave Act's statute of limitations barred a former contractor from suing a government agency because it did not "willfully" avoid giving her information about her federal leave rights, joining several circuit courts in applying the Fair Labor Standards Act's willfulness standard to the FMLA.

  • November 23, 2020

    World of Warcraft Co. Faces Privacy Suit Over Tracking Code

    Blizzard Entertainment Inc. has been spying on World of Warcraft players' mouse clicks and keystrokes in violation of California privacy law with the help of a tracking code supplied by Mouseflow Inc., according to a class action filed Friday in California federal court, the second such suit filed last week.

  • November 23, 2020

    9th Circ. Says Client Can't Sue Ariz. Firm In Company's Stead

    A Ninth Circuit panel tossed a legal malpractice suit against an Arizona law firm, backing a district court's determination that a sole shareholder of a dissolved financial company does not have the right to bring such claims.

  • November 23, 2020

    Rabicoff, Budo Patent Attys Sanctioned For 'Frivolous' Filings

    A California federal judge has sanctioned a pair of patent attorneys for repeatedly flouting court rules and making "objectively frivolous and misleading arguments" in filings, deeming one of the lawyers a "serial filer" whose conduct warrants further investigation from the court's professional conduct committee.

  • November 23, 2020

    Sen. Feinstein Says She'll Cede Top Judiciary Committee Spot

    Sen. Dianne Feinstein, D-Calif., who faced some criticism for her role in the Judiciary Committee's hearings for Justice Amy Coney Barrett's nomination to the U.S. Supreme Court, announced Monday that she will not seek to reclaim her position as the committee's top Democrat.

  • November 23, 2020

    ​​​​​​​Amid Circuit Split, BIA Says TPS Does Not Equal Admissibility

    The Board of Immigration Appeals took sides in a deep circuit split over temporary protected status Monday when it ordered an immigration judge to resume removal proceedings against a Salvadoran man whose TPS ended in 2012.

  • November 23, 2020

    CFPB Insists Student Loan Biz And Exec Must Cough Up $53M

    The U.S. Consumer Financial Protection Bureau asked a California district judge on Monday — for a second time — to make a business owner and his firm pay more than $53 million for their role in an alleged $11.8 million student debt relief scheme.

  • November 23, 2020

    WGA Won't Get More Time To Fight Agencies' Injunction Bid

    A California federal court has refused Writers Guild of America's bid to delay a hearing scheduled for next month on a Hollywood talent agency's request for an order to halt the guild's alleged boycott over a dispute about how agents are paid.

  • November 23, 2020

    Big Lots' Ohio Attys Wrongfully DQ'd From Calif. Wage Fight

    A California appellate court has vacated the disqualification of several Ohio attorneys representing Big Lots in an overtime pay dispute, determining that a state court jumped the gun by revoking their temporary admission to work on the putative class action after they solicited current and former employees.

  • November 23, 2020

    DOJ Says Visa Pushing 'Infeasible' Merger Trial Timeline

    The U.S. Department of Justice has blasted Visa and Plaid for pushing an "infeasible" timeline for a trial over their proposed $5.3 billion tie-up that is seven months sooner than the agency's preferred September start date.

  • November 23, 2020

    3 Things To Know About The Calif. Bar's Latest License Plan

    A California State Bar committee recently endorsed a policy allowing an alternative path to licensure for some bar applicants who did not pass their exams over the last five years. Here are three key points to know about the proposal.

  • November 23, 2020

    Calif. Law Limiting Review Of Gas Power Plants Struck Down

    A California law unconstitutionally limited court review of where natural gas-fired and thermal power plants can be located to only the state's Supreme Court, a state appeals court ruled Friday.

  • November 23, 2020

    3 Takeaways From The Franchising Suit Challenging AB 5

    California’s A.B. 5 law may cause business owners who run franchises of companies to be tagged as employees of larger corporations, according to a lawsuit filed by the International Franchising Association, which is asking a federal court to exclude franchising from the Golden State’s worker classification test. Here, Law360 examines takeaways from the business group’s challenge to the new California law.

  • November 23, 2020

    Volkswagen Knocks Out 2 Cellular Network Patents At PTAB

    Volkswagen has notched a pair of victories at the Patent Trial and Appeal Board, which has invalidated claims in two Carucel Investments LP patents covering a mobile communications system after finding them obvious in light of earlier patents.

  • November 23, 2020

    Chamber Slams Trump's H-1B Rules As 'Regulatory Ambush'

    The U.S. Chamber of Commerce urged a California federal judge on Monday to block the Trump administration's changes to H-1B temporary worker visa requirements, arguing that the proposed rule changes are a "regulatory ambush" that have nothing to do with the COVID-19 pandemic and are "drastically unfair to the public."

  • November 23, 2020

    9th Circ. Revives B&B Owner's Case Against Border Agent

    The Ninth Circuit has revived a Washington state bed and breakfast owner's lawsuit against a U.S. Customs and Border Patrol agent who allegedly shoved him to the ground and retaliated by initiating a tax investigation when the businessman complained.

  • November 23, 2020

    Calif. Supreme Court Won't Hear Amazon Batteries Case

    The Supreme Court of California won't review an appeals court holding that Amazon.com LLC can be held liable for the sale of allegedly faulty batteries through its online marketplace, leaving in place the only precedential opinion holding Amazon liable for a product sold through its site, an attorney for the plaintiff said.

  • November 23, 2020

    Calif. Panel Upholds Ban On Farm's Unpermitted Pot Biz

    A California cannabis farm can't escape a temporary court order shutting down its operations, a California state appeals court ruled, siding with neighbors who claim the operators are illegally growing pot and holding tastings and tours without permits.

  • November 23, 2020

    LinkedIn 'Recklessly' Overreported Ad Metrics, Ad Buyers Say

    An individual and a corporate ad buyer filed a putative class action against LinkedIn in California federal court after the workplace social media giant announced it overreported some advertising metrics, alleging the ad buyers paid for ineffective ads while LinkedIn knowingly hid the true metrics or should have known its metrics were off.

  • November 23, 2020

    Uber, Lyft Can't Undo Calif. Court Order To Reclassify Drivers

    A California appeals court denied Uber's and Lyft's requests to reconsider its decision upholding an injunction that required the ride-hailing companies to classify their drivers as employees, rebuffing their argument that a recently approved ballot measure meant the ruling needed another look.

  • November 23, 2020

    Fenwick Guides Rocket Builder In $500M Fundraise

    Three-dimensional printing company Relativity Space said Monday it raised $500 million with help from Fenwick & West LLP, funds the company said would help it "build toward humanity's multiplanetary future."

  • November 23, 2020

    Sierra Club Says Calif. Dam Hasn't Gotten Proper Review

    The Sierra Club and other environmental groups asked a California state court to block a new dam project that will provide water for agriculture that the coalition says was justified by an environmental review that suffered from a host of deficiencies.

  • November 23, 2020

    Feds Say No Privilege For Ex-Theranos CEO In Fraud Case

    The U.S. government is asking a California federal judge to make the former CEO and founder of Theranos turn over witness interviews and other documents relating to allegations that she and her partner sold blood-testing technology they knew didn't work, saying she can't assert attorney-client privilege for work done for the now-defunct company.

Expert Analysis

  • How Federal, State Plans Could Bring Carbon Capture To US

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    Proposals from President-elect Joe Biden, a pair of bills currently pending in Congress and a low-carbon fuels program in California provide insights into how carbon capture, utilization and storage technology could be integrated into the fight against climate change in the U.S., say Hunter Johnston and Jeff Weiss at Steptoe.

  • DOJ's Visa-Plaid Challenge Shows Email Can Imperil A Deal

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    The U.S. Department of Justice used a trove of internal Visa email and other communications to show how the $5.3 billion Plaid merger might limit competition — providing a cautionary tale of how internal documents can endanger a transaction that shows few antitrust concerns on the surface, says Tammy Zhu at Medallia.

  • A Forgotten But Effective Tool Against Opioid Scams

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    With the pandemic contributing to rising rates of opioid and substance use disorders, prosecutors should consider the regrettably underused Eliminating Kickbacks in Recovery Act as a tool for targeting and shutting down body brokers and others in the treatment industry that place profits above patients, say Michael Adelberg and Matthew Rubin at Faegre Drinker, and Melissa Garrido at Boston University.

  • 6 Best Practices For Banks Serving The Marijuana Industry

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    As more states legalize marijuana, financial institutions with marijuana-related business customers should implement robust and nuanced compliance programs, and those that do not want to serve the industry should have policies in place for determining whether existing customers are engaged in marijuana-related activities, say attorneys at Venable.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • EU Climate Goals Are Hard To Reach Without Carbon Capture

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    The European Union's failure to fully embrace blue fuels, produced using carbon capture, utilization and storage technologies, may hinder the region's pursuit of its aggressive decarbonization goals, say Hunter Johnston and Jeff Weiss at Steptoe & Johnson.

  • What Calif.'s New Consumer Debt Law Means For Collectors

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    Brett Watson at Cozen O’Connor explains what California's recently enacted Debt Collection Licensing Act means for debt collectors, including how they should prepare to comply, how the act interacts with existing state laws, and whether to expect forthcoming enforcement actions.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Insurance Considerations For Schools Harmed By COVID-19

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    Schools facing lawsuits associated with both shutting down and reopening amid the COVID-19 pandemic may be able to find relief through their consumer general liability and educators legal liability insurance policies, says Michael Rush at Gilbert.

  • 5 Red Flags For Pandemic-Related Investment Scams

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    As the U.S. Securities and Exchange Commission clamps down on fraudsters seeking funding for pandemic-related products and services, several warning signs can help identify investment scams, says Alan Rosca at Goldman Scarlato.

  • Carbon Capture Tech Offers A Fast Path Toward Climate Goals

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    To meet ambitious climate goals, the U.S., EU and other developed nations must immediately start reducing carbon emissions from fossil fuels, which policymakers can encourage by supporting carbon capture, utilization and storage technologies, say Hunter Johnston and Jeff Weiss at Steptoe.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

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