California

  • July 18, 2024

    Epic Says Apple's 'Strategic Delay' Tactics Still Ongoing

    The ongoing fight between Epic Games and Apple over the tech giant's compliance with a court order meant to open up app payment competition showed little sign of abating as Epic continued to blast Apple for slow and incomplete production.

  • July 18, 2024

    Apple Wants 2 Trials In Masimo Trade Secrets And Patent Row

    Apple has told a California federal judge that a November retrial in Masimo's suit against it should only cover claims including trade secrets that led to a mistrial last year after Masimo sought $1.85 billion, and that Masimo's patent claims should be tried later.

  • July 18, 2024

    9th Circ. Revives Fired Doctor's COVID Vax Religious Bias Suit

    The Ninth Circuit revived a doctor's claims that Washington State University failed to accommodate his religious beliefs when it fired him from his residency for refusing the COVID-19 vaccine, ruling Thursday that U.S. Supreme Court precedent necessitates another look at his case.

  • July 18, 2024

    9th Circ. Signals Support for Alaska Salmon Fishery

    A Ninth Circuit panel on Thursday leaned toward allowing government-approved commercial salmon fishing in Southeast Alaska, with one judge saying the economic hardship indigenous communities would face without fishing outweighs the "enormous uncertainty" of impacts on a small population of orca whales that feed on the fish.

  • July 18, 2024

    Live Nation Previews Part Of Case Against DOJ Suit

    Live Nation and Ticketmaster teed up Wednesday to fight an antitrust lawsuit brought by the U.S. Department of Justice and multiple state attorneys general, arguing that the state law claims are "threadbare" and that a chunk of the DOJ case amounts to trying to force them to deal with competitors.

  • July 18, 2024

    Workers Say Software Co. Can't Dodge 401(k) Fund Fight

    Two former ServiceNow Inc. employees said Thursday that the cloud computing company shouldn't get to escape their suit alleging it kept underperforming investment options in its 401(k) plan for over a decade, telling a California federal court their complaint is specifically detailed enough to move forward.

  • July 18, 2024

    Split 9th Circ. Panel Backs Restoring DHS Bond Rule

    A Ninth Circuit panel upheld a Department of Homeland Security rule barring some immigration surety firms from posting bonds for detained border-crossers Thursday, saying the rule's 2021 ratification by current Homeland Security Secretary Alejandro Mayorkas cured any defects with its original introduction in 2020.

  • July 18, 2024

    LegitScript Asks 9th Circ. To Ax Price-Checker Antitrust Suit

    LegitScript told the Ninth Circuit that PharmacyChecker cannot bring antitrust claims for allegedly having its price-checking website blacklisted because the bulk of its business is geared towards helping people illegally import prescription drugs.

  • July 18, 2024

    Ye Brazenly Stole DJ Khalil's Music For 'Donda,' Suit Says

    The musical artist formerly known as Kanye West has been slapped with a lawsuit in California federal court claiming that he stole music from DJ Khalil and three other artists for two leading tracks on his blockbuster album "Donda."

  • July 18, 2024

    Ex-Cop With Illness Spared Prison In EBay Harassment Case

    A federal judge on Thursday agreed to spare a former California police captain and eBay employee from prison for a stalking and harassment campaign against two Massachusetts journalists, citing the defendant's cancer diagnosis and blaming the ordeal on "a warped corporate culture."

  • July 18, 2024

    DOJ, Treasury Target Mexico-Based Human Smuggling Group

    A Sierra Leone national and his wife are facing criminal charges and sanctions for their roles in an alleged human smuggling organization that brought thousands of migrants into the United States, federal prosecutors have announced.

  • July 18, 2024

    Alstom Wants Las Vegas Train's 'Buy America' Waiver Voided

    Train manufacturer Alstom alleges in a new federal lawsuit that it was unfairly shut out of competing for a lucrative supply contract for Las Vegas' proposed high-speed passenger rail line when the project recently scored a Buy America waiver for foreign-made trainsets from rival manufacturer Siemens.

  • July 18, 2024

    Sunday Ticket Customers Slam NFL's Bid To Upend $4.7B Win

    DirecTV Sunday Ticket subscribers opposed the NFL's effort to vacate a $4.7 billion antitrust verdict handed down by California federal jurors last month, arguing on Wednesday the league cannot second-guess the jury's findings and that the plaintiffs actually received far less than what they sought.

  • July 18, 2024

    Another Enphase Investor Suit Claims Execs Hid Slow Growth

    Enphase Energy's top brass has been slapped with another shareholder complaint in California federal court, alleging they misrepresented the energy technology company's financial outlook by concealing a decrease in battery shipments and slower manufacturing outputs, which artificially inflated its stock price.

  • July 18, 2024

    Girardi Denied Bid To Delay Client Theft Trial To October

    A California federal judge rejected disgraced lawyer Tom Girardi's motion to have his closely watched wire fraud trial moved to October from its current August start date, determining that he was unable to provide a genuine reason as to why proceedings should be pushed back two months.

  • July 18, 2024

    Ex-Venable Trusts And Estates Partner Joins Stradling In LA

    Stradling Yocca Carlson & Rauth PC announced that it launched a trusts and estates practice with the hiring of an experienced Los Angeles-based partner from Venable LLP.

  • July 18, 2024

    King & Spalding Guides Quanta's $1.5B Cupertino Buy

    Houston-based Quanta Services Inc. said Thursday it has acquired fellow energy infrastructure provider Cupertino Electric Inc. for up to $1.54 billion, with King & Spalding LLP and Fenwick & West LLP providing legal counsel on the deal, respectively. 

  • July 18, 2024

    Police Dept. Beats Cop's Suit Over Political Rally Attendance

    A California police department defeated an officer's lawsuit alleging he was unlawfully fired after attending a "Stop the Steal" rally in early 2021, with a federal judge finding he was fired based on social media posts that violated department policies, not his political activities.

  • July 18, 2024

    Kirkland-Led Calif. PE Firm Secures $1.5B For 3rd Fund

    Los Angeles-based private equity shop Kingswood Capital Management LP, advised by Kirkland & Ellis LLP, on Thursday announced that it clinched its third fund after raising $1.5 billion of capital commitments, bringing the firm's total assets under management to roughly $3.2 billion.

  • July 18, 2024

    Warner Bros. Hit With PAGA Suit By Background Actor

    Warner Bros. has not been paying background actors all their wages owed by failing to incorporate incentive payments into overtime calculations and requiring them to work through breaks unpaid, according to a Private Attorneys General Act suit filed in California state court.

  • July 18, 2024

    Ex-HP Worker Revamps 401(k) Forfeiture Funds Suit

    A former HP employee retooled his lawsuit accusing the company of unlawfully using former workers' forfeited 401(k) funds to satisfy its own contributions, telling a California federal court the company was presented with a conflict of interest in deciding how to use the money.

  • July 18, 2024

    Tender Greens And Tocaya Hit Ch. 11 With Post-COVID Woes

    The Los Angeles-based casual restaurant chain that operates Tender Greens and Mexican eatery Tocaya, One Table Restaurant Brands LLC, filed for Chapter 11 bankruptcy Wednesday in Delaware bankruptcy court, with its CEO saying the COVID-19 pandemic was "catastrophic" to their business.

  • July 17, 2024

    Politan Sues Masimo Over Delayed Board Election Meeting

    Activist investment firm Politan Capital Management LP launched a lawsuit Wednesday against Masimo Corp. in Delaware Chancery Court just days after the medical technology company accused it of violating securities laws by trying to gain control of Masimo through a proxy contest that duped Masimo shareholders using "lies and deceit."

  • July 17, 2024

    Western Digital Owes $305M Over Hard Drive IP, Jury Told

    Hard drive goliath Western Digital owes $305 million for selling drives that infringe MR Technologies' patents for increasing storage capacity, MR's attorney told a California federal jury during opening statements Wednesday, while Western Digital's counsel said the patents are invalid and its products don't infringe anyway.

  • July 17, 2024

    'Vanderpump' Revenge Porn Drama Upped As Sandoval Sues

    "Vanderpump Rules" star Tom Sandoval lodged claims against his ex-girlfriend and fellow Bravo star Ariana Madix alleging she invaded his right to privacy by accessing explicit FaceTime videos of him and another cast member on his phone without permission.

Expert Analysis

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • Utilizing Liability Exemption When Calif. Cities Lease Property

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    With rising costs pushing California municipalities to lease real estate assets instead of purchasing them, municipalities should review the ample case law that supports certain exceptions to California Constitution Section 18(a) requirements, providing that certain long-term lease obligations are not considered to be liabilities, says Steven Otto at Crosbie Gliner.

  • Despite Calif. Delays, Climate Disclosure Rules Are Coming

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    Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.

  • Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits

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    Two recent decisions from California federal courts regarding novel Employee Retirement Income Security Act claims around 401(k) forfeitures provide early tea leaves for companies that may face similar litigation, offering reasons for both optimism and concern over the future direction of the law, say Ashley Johnson and Jennafer Tryck at Gibson Dunn.

  • 3 Policyholder Tips After Calif. Ruling Denying D&O Coverage

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    A California decision from June, Practice Fusion v. Freedom Specialty Insurance, denying a company's claim seeking reimbursement under a directors and officers insurance policy for its settlement with the Justice Department, highlights the importance of coordinating coverage for all operational risks and the danger of broad exclusionary policy language, says Geoffrey Fehling at Hunton.

  • Loss Causation Ruling Departs From Usual Securities Cases

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    A California federal court recently dismissed Ramos v. Comerica, finding that the allegations failed to establish loss causation, but the reasoning is in tension with the pleading-stage approaches generally followed by both courts and economists in securities fraud litigation, say Jesse Jensen and Aasiya Glover at Bernstein Litowitz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • What FTX Case Taught Us About Digital Asset Recoverability

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    FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Synapse Bankruptcy Has Ripple Effects For Fintech Industry

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    Synapse Financial Technologies’ recent bankruptcy filing marks a significant moment in the fintech industry's evolution, highlighting that stringent compliance and risk management in fintech partnerships are essential to mitigate risk and protect consumers, say Joann Needleman and Ryan Blumberg at Clark Hill.

  • California Adds A Novel Twist To State Suits Against Big Oil

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    California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

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