California

  • July 01, 2022

    Supreme Court Embraces Originalism In 'Momentous' Term

    The October 2021 Supreme Court term will be remembered as the most consequential one in generations, experts said, pointing to sweeping rulings affecting the rights of millions of Americans and establishing a new conservative vision of constitutional law.

  • July 01, 2022

    Court Confirms Monster's $175M Arbitral Win In Bang TM Row

    A Florida company behind the Bang brand of energy drinks has lost its attempt in California federal court to undo a $175 million trademark win in arbitration for sports drink giant Monster and a small company that sells orange juice under the name Orange Bang.

  • July 01, 2022

    Google Vows To Delete Abortion Trip Data In Wake Of Dobbs

    A Google executive unveiled a new policy Friday promising to delete user location data related to visits to abortion clinics and other health providers, following calls by Democratic lawmakers for the tech giant to delete data so that prosecutors in states where abortions are illegal can't use it in prosecutions.

  • July 01, 2022

    Miramax Says It Has Rights To 'Pulp Fiction' Screenplay, Too

    Miramax owns the rights to both the "Pulp Fiction" film and screenplay, the studio said in California court Thursday, arguing that Quentin Tarantino cannot auction off exclusive scenes from the film as non-fungible tokens and urging the court to reject the filmmaker's attempt to get its copyright suit axed.

  • July 01, 2022

    Top Personal Injury, Med Mal News: Midyear Report

    A U.S. Supreme Court ruling that Florida has broad authority to recoup Medicaid costs from plaintiffs' injury awards and a rapid $1 billion settlement of litigation related to the Surfside condo collapse are among Law360's top personal injury and medical malpractice cases for the first six months of 2022.

  • July 01, 2022

    OnlyFans, Meta Seek To Ax Adult Film Stars' Blacklisting Suit

    OnlyFans and Meta Inc. have fired back at a proposed class of adult entertainers that claims the companies conspired to blacklist them from advertising on Facebook and Instagram in favor of OnlyFans users, asking a California federal judge to toss the case over lack of personal jurisdiction and failure to state a claim.

  • July 01, 2022

    Retailer Pays To Settle CBD Co.'s Suit Over Store Openings

    A contract dispute between a Florida maker of CBD products and a Golden State retailer over store openings was dismissed after the retailer made a confidential payment to the manufacturer, according to a California federal court order.

  • July 01, 2022

    Utah Supports Shoshone Tribe's Hunting Rights At 9th Circ.

    The state of Utah threw its support behind the Northwestern Band of the Shoshone Nation in its request for the Ninth Circuit to reverse a decision by an Idaho federal judge denying it hunting rights, which the tribe says are guaranteed by an 1868 treaty.

  • July 01, 2022

    9th Circ. Clears Calif. City Of Liability In Hazardous Water Suit

    The Ninth Circuit reversed course Friday and withdrew a split opinion that had revived a nonprofit's claims that the Golden State city of Vacaville violated the Resource Conservation and Recovery Act by delivering water containing detectable levels of a toxic chemical, issuing a new opinion clearing the city of liability.

  • July 01, 2022

    Meta Sinks Photo-Tagging Patents Under Alice

    A California federal judge has granted Meta's calls to dismiss claims that photo-tagging features on Facebook and Instagram infringe a patent-holding company's technology, invalidating the asserted patents under Alice because they are abstract and lack an inventive element.

  • July 01, 2022

    Verizon Says Local Group Caused City To Delay Cell Tower

    Verizon Wireless says city officials in Fresno, California, trapped its request to build a cell tower disguised as a tree in a "bureaucratic gauntlet," accusing the city in a federal lawsuit of violating a statutory deadline for considering such projects due to opposition by a condo association and a local lawmaker.

  • July 01, 2022

    9th Circ. Won't Rethink Calif.'s In-State Foie Gras Sales Ban

    The Ninth Circuit on Friday refused to rethink its May ruling that California's ban on the in-state sale of foie gras is neither preempted by federal law nor unconstitutional, but that certain out-of-state sales of the force-fed bird products are allowed under Golden State law.

  • July 01, 2022

    Real Estate Rumors: Google, DRA, Salter Brothers

    Google has reportedly subleased 300,000 square feet in San Francisco, a DRA Advisors venture is said to have paid roughly $163 million for a Miami office tower, and Salter Brothers is reportedly in talks to buy upward of 10 lodges in Australia.

  • July 01, 2022

    Google To Pay $90M In Antitrust Deal With Smaller Developers

    Google Inc.'s deal with smaller developers in a lawsuit in California federal court alleging its Play Store policies violate antitrust law includes a $90 million settlement fund in addition to commitments on fees and other issues.

  • July 01, 2022

    The Firms That Won Big At The Supreme Court

    Oral arguments at the U.S. Supreme Court are always a singular experience, the more so this term as the justices returned to hearing cases in person after being remote last term.

  • July 01, 2022

    The Sharpest Dissents From The Supreme Court Term

    Most of this term's U.S. Supreme Court dissents came from its left-leaning justices, who accused the conservative majority of voting politically, flouting decades of precedent and harming the legitimacy of the court itself.

  • July 01, 2022

    The Funniest Moments Of The Supreme Court Term

    While considering weighty issues, the U.S. Supreme Court justices still found moments of levity during oral arguments, ribbing one another and Justice Stephen Breyer as he floated ever more fantastical hypotheticals during his final term on the bench.

  • July 01, 2022

    Cannabis Bill Roundup: Pa. Scores Its Own SAFE Banking Act

    Lawmakers in Pennsylvania, New Jersey and California advanced or approved bills intended to bolster their cannabis industries, while the District of Columbia may have found a workaround for Congress' refusal to let the district set up a regulated recreational market. Here are the major legislative moves in cannabis reform from the past week.

  • July 01, 2022

    Catching Up With Delaware's Chancery Court

    A rising star who once shined in the First State's court of equity was nominated for a spot on the Third Circuit last week, as her former colleagues in Delaware Chancery Court pounded the gavel on a local abortion-related law and dismissed suits involving El Pollo Loco and the Pittsburgh Penguins.

  • July 01, 2022

    On Second Try, Judge OK's Walmart's $35M Wage Row Deal

    Walmart's $35 million settlement with workers alleging the retailer gave them inaccurate wage statements can proceed, a California federal judge ruled after initially rejecting the agreement.

  • July 01, 2022

    Health Hires: Lewis Brisbois, Troutman Pepper

    Lewis Brisbois Bisgaard & Smith LLP and Troutman Pepper have both nabbed new partners in their health-focused practice areas, highlighting Law360's latest roundup of personnel moves in health care and life sciences.

  • July 01, 2022

    The Biggest Enviro Policy Moves Of 2022: Midyear Report

    The first half of 2022 has been filled with important environmental policy developments, from a groundbreaking climate change reporting rule for the financial industry to regulations that strengthen reviews for infrastructure projects that need federal approval.

  • July 01, 2022

    Calif. Appeals Court Rejects Challenge To PAGA

    California's Private Attorneys General Act allowing workers to sue employers on behalf of the state doesn't violate the state's constitutional separation of powers, a California appellate court ruled, saying a state Supreme Court decision already made that determination.

  • July 01, 2022

    The Chattiest Justice Of The Term Is ...

    While little felt “normal” at the U.S. Supreme Court, the justices were largely back to their pre-pandemic habits when it came to speaking up from the bench, with one justice again standing out as the court's chattiest member this term.

  • July 01, 2022

    Breaking Down The Vote: The High Court Term In Review

    The overturning of a long-standing precedent, the surprising leak of a draft opinion and the announcement of Justice Stephen Breyer's retirement all made for a tumultuous term at the U.S. Supreme Court. Here, Law360 takes a data dive into the numbers behind this court term.

Expert Analysis

  • Make Room For Serendipity In Your Legal Job Search

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    Landing your dream legal job gets easier when you cultivate serendipity — which involves expanding and deepening your network, while being flexible, authentic and engaged with the world around you, says Anna Sanders at VOYLegal.

  • Ethics Considerations For Attorneys Joining Nonprofit Boards

    Excerpt from Practical Guidance
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    Many charitable organizations offer attorneys board positions to benefit from their specialized legal knowledge, but there are ethical considerations and liability dangers that demand lawyers set boundaries about their roles and responsibilities, says Patrick Sturm at LexisNexis.

  • Mental Health Record Discovery Lessons In Bryant Crash Suit

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    The high-profile California federal court dispute between Kobe Bryant's widow and Los Angeles County over emotional distress is an important one for understanding the ability to use mental health records and the psychotherapist-patient privilege in a lawsuit, say Lee Brenner and Ethan Ames at Venable.

  • Recent Trade Secret Cases Show Sentencing Disparities

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    Sentencing disparities in U.S. trade secret cases have surfaced in recent years, and legal practitioners should know that courts have found that the intended loss does not necessarily equal the cost of development of stolen trade secrets or the defendant's intended gain from misappropriation, says Steven Lee at Lewis Brisbois.

  • Beware Arbitration Clauses That May Bar Inter Partes Review

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    Recent decisions show that the Federal Circuit and district courts are moving toward recognizing that standard arbitration clauses can bar inter partes review at the Patent Trial and Appeal Board, a new landscape that will require careful consideration for parties negotiating patent-related contracts, say attorneys at Ropes & Gray.

  • How To Avoid Construction Lien Traps In Bankruptcy Filings

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    The Ninth Circuit Bankruptcy Appellate Panel’s decision in 450 S. Western Ave. serves as a cautionary tale on the risks of a contractor agreeing not to foreclose a lien in exchange for the owner agreeing not to challenge the validity of the lien in bankruptcy filings, and highlights how contractors can protect their liens, says Blake Robinson at Davis Wright.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • High Court's Tribal Ruling May Enable More Gambling In Texas

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    The U.S. Supreme Court's recent ruling in Texas v. Ysleta, finding that Texas cannot regulate a tribe's electronic bingo, paves the way for Native American tribes in Texas to upscale their gaming operations, say attorneys at McGuireWoods.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Circuits' Remand Of State Climate Suits May Mean Big Liability

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    Federal circuit courts across the nation have recently affirmed that state and local governments can sue energy companies in state courts over harms attributed to climate change — and if the U.S. Supreme Court does not step in, the energy sector could soon face a deluge of liability claims, says Todd Thacker at Goldberg Segalla.

  • 9th Circ. Ruling Offers Guidance On Automatic Stay Violations

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    The Ninth Circuit Bankruptcy Appellate Panel’s opinion in Censo v. Newrez clarifies the nebulous standard for automatic stay violations, and provides useful guidance for practitioners to consider in determining whether a creditor's defensive action taken in pending litigation counts as a violation, say Keith Owens and Zach Williams at Fox Rothschild.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • 2 Years Since Liu, Disgorgement Case Law Is Favoring SEC

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    In the two years since the U.S. Supreme Court’s decision in Liu v. the U.S. Securities and Exchange Commission, circuit courts have weighed in to answer the decision's open questions, and recent cases suggest that courts are unwilling to disrupt disgorgement orders, even where the awards would not survive Liu scrutiny, say attorneys at Ropes & Gray.

  • Justices' PAGA Ruling May Be Employer Win — With Caveats

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    The U.S. Supreme Court’s recent decision in Viking River Cruises v. Moriana, holding that federal law partially preempts California's Private Attorneys General Act, may help employers send individual claims to arbitration, but key questions remain regarding statutory standing and the potential impact of another state law, says Joshua Henderson at Norton Rose.

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