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California
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December 19, 2024
Teradata Antitrust, IP Suit Revived Against German Co.
A Ninth Circuit panel on Thursday revived data analytics company Teradata Corp.'s antitrust and trade secret suit against German software company SAP, saying a lower court rejected the case despite there being factual disputes over key issues concerning market effects and confidential information.
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December 19, 2024
Another Dispute Over Michael Avenatti's Jet Flies Into Court
A California law firm is going after the incarcerated Michael Avenatti and others to get its hands on proceeds from the sale of a private jet the onetime attorney for Stormy Daniels purchased with money he stole from clients in the latest legal action over the seized plane.
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December 19, 2024
RealPage Inks $625K Calif. Tenant Protections Settlement
Tenant screening company RealPage has agreed to pay $625,000 in penalties and restitution to put to rest allegations it violated California's COVID-19 Tenant Relief Act by providing screening reports to housing providers that improperly led to tenants being denied housing, according to an announcement made Wednesday.
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December 19, 2024
5th Circ. Finds No 230 Immunity In Salesforce Trafficking Suit
The Fifth Circuit on Thursday shut down Salesforce Inc.'s arguments that it was immune under the Communications Decency Act to claims that it benefited from sex trafficking that took place on Backpage.com, saying the plaintiffs' claims do not treat Salesforce as a publisher or speaker of third-party content.
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December 19, 2024
E.l.f. Mascara Doesn't Confuse Consumers, Judge Rules
A San Francisco federal judge has said showing that the e.l.f. cosmetics brand had an "intent to create a dupe" of a mascara tube made by its Louis Vuitton-owned rival is not enough to prove that it actually "dupes any consumers."
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December 19, 2024
$1.1B Diablo Canyon Award Challenge Meets Skeptical Judge
A California federal judge appeared skeptical Thursday that an environmental group has standing to challenge the U.S. Department of Energy's award of $1.1 billion to help Pacific Gas & Electric Co. continue operating the Diablo Canyon nuclear power plant.
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December 19, 2024
Arm-Qualcomm Trademark, Breach Suit Goes To Jury In Del.
Jurors headed to deliberations late Thursday after nearly four days of trial in Delaware federal court on Softbank Group subsidiary Arm Ltd.'s claims that Qualcomm Inc. and Nuvia Inc. breached a protective contract for microprocessor core technology licensing agreements.
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December 19, 2024
$1.2B Sought From Phillips 66 After $605M Trade Secrets Win
A retailer of low-carbon fuels has asked a California state court to add $1.2 billion to a $604.9 million trade secrets verdict against Phillips 66, arguing that the jury's conclusion that Phillips 66's misappropriation of confidential information was willful and malicious merits exemplary damages.
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December 19, 2024
Casinos Say DOJ Has No 'Starting Point' For Room Rates
Las Vegas casino hotels urged the Ninth Circuit on Wednesday not to revive the first algorithmic price-fixing case to reach an appeals court, in a brief that took direct aim at the Justice Department's amicus intervention in the room rate lawsuit.
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December 19, 2024
The Top Patent Damages Awards Of 2024
The largest patent damages verdicts of 2024 all amounted to nine figures, largely in line with recent years, with the largest award of $847 million being set aside by a judge weeks after the verdict, reflecting the scrutiny given to sizable damages, attorneys say.
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December 19, 2024
Calif. Hotel's Ch. 11 'Highly Likely' To Be Transferred To Del.
A Delaware bankruptcy judge said Thursday he was "highly likely" to transfer the second Chapter 11 case of a San Jose, California, hotel back to the First State, granting an initial win to a lender that argued the case should be moved and dismissed as a bad faith filing.
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December 19, 2024
Kia Telluride Owners Allege Brake Defect In Proposed Action
Telluride SUV owners told a California federal judge Tuesday Kia America Inc. knowingly sold 2020-2024 models of the vehicles with faulty brakes, putting them at significant risk.
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December 19, 2024
Tencent Removes 2 Epic Directors Following DOJ Scrutiny
Two Epic Games directors appointed by Tencent Holdings are stepping down from Epic's board after the U.S. Department of Justice said their positions could constitute antitrust law violations, the agency has announced.
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December 19, 2024
Calif. Judge Accused Of Misconduct With Former Secretary
A California state judge is accused of engaging in the unauthorized practice of law and violating numerous ethics canons amid his relationship with his then-secretary, including misrepresenting himself as her lawyer, engaging in inappropriate conversations with her and using public resources for private purposes.
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December 18, 2024
Pharma Trial Consultant To Pay SEC $3M Over Insider Trading
An oncologist and clinical professor at the University of California, Irvine agreed to pay the U.S. Securities and Exchange Commission $3 million to resolve allegations he purchased shares in a Massachusetts biotech company based on insider information regarding a clinical trial he was overseeing, the SEC announced Wednesday.
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December 18, 2024
Split 9th Circ. Backs 46-Month Prison Term For Stock Pumper
A divided Ninth Circuit on Wednesday affirmed a 46-month sentence for a Canadian man convicted of securities fraud in a pump-and-dump scheme involving a cannabis and gaming company, rejecting his argument that the lower court erred by calculating "intended loss" to enhance his sentence, since circuit precedent recognizes both actual and intended losses.
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December 18, 2024
Ex-Apple Workers Likely To Win Certification In OT Suit
A California federal judge on Wednesday said he was inclined to grant class certification in litigation accusing Apple of shorting workers' wages by not factoring company shares into overtime pay calculations, saying the former employee who sued provided sufficient evidence that damages could be calculated on a classwide basis.
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December 18, 2024
BiT Global Loses Bid To Block Coinbase Delisting In $1B Suit
A California federal judge on Wednesday refused BiT Global's request for a temporary restraining order to block Coinbase from delisting a "wrapped" bitcoin product created by BiT Global for trading on decentralized exchanges, saying the digital asset company's evidence of "irreparable harm" in its $1 billion litigation was "mostly speculative."
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December 18, 2024
Emissions Cheating Biz Gets Truck Tuning Co. CEO 10 Months
The owner of a prominent Louisiana automotive tuning company will serve 10 months of a three-year probation term on house arrest in addition to paying a $1.55 million criminal fine after pleading guilty to selling illegal software that bypassed diesel trucks' emissions controls, the U.S. Department of Justice announced Wednesday.
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December 18, 2024
Vaxart Investors Win Class Cert. Over COVID Shot On 2nd Try
A California federal judge has certified a class of Vaxart investors accusing the biotechnology company's onetime controlling shareholder of dumping stock at inflated prices following deceptive headlines about a COVID-19 vaccine, saying the investors' revised motion fixes issues of predominance and the damages model.
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December 18, 2024
Girardi Gets Sentencing Delayed For Dementia Probe
A Los Angeles federal judge pushed back Tom Girardi's sentencing for his embezzlement conviction on Wednesday, ordering a psychiatric evaluation and special hearing to determine whether the 85-year-old disbarred attorney should be committed to a medical facility instead of prison due to his dementia diagnosis.
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December 18, 2024
Calif. Panel Splits On Judge's 'Little Chinese Woman' Remark
A California appellate court has reversed itself and decided to publish an opinion in which a panel was divided over whether a trial judge's reference to a plaintiff as a "little Chinese woman" showed judicial bias and stereotyping.
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December 18, 2024
FDIC Moves Closer To Suing Ex-Brass Of Silicon Valley Bank
Federal Deposit Insurance Corp. leaders have given a green light for the agency to potentially sue former top brass of Silicon Valley Bank for alleged mismanagement of the bank that led to its collapse last year.
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December 18, 2024
TikTok Told To Provide Source Code In Trade Secrets Case
TikTok must provide source code as well as financial and data usage information to a Chinese company that says it stole proprietary information to develop a video-editing feature on its platform, according to an order from a special master appointed to the case.
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December 18, 2024
LA Dodgers Must Face Disabled Fan's ADA Suit
A California federal judge has refused to end a Los Angeles Dodgers gamegoer's negligence suit alleging he fell and hurt himself after being denied permission to bring his cane into the stadium, finding Tuesday that the purported denial exposed the man, who had to use stairs without handrails, to an unreasonable risk of harm.
Expert Analysis
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk
A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.
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Calif. Out-Of-State Noncompete Ban Faces Several Hurdles
California's attempt to bolster its noncompete law has encountered significant procedural and constitutional challenges, and litigating parties must carefully analyze not only the restrictive covenants contained in their agreements, but also the forum-selection and choice-of-law provisions, say Jennifer Redmond and Gal Gressel at Sheppard Mullin.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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Motion To Transfer Venue Considerations For FCA Cases
Several recent decisions highlight the importance for practitioners of analyzing as early as possible whether a False Claims Act case warrants a change of venue, and understanding how courts weigh certain factors for defendants versus whistleblowers, say Ellen London at London & Stout, and Li Yu and Corey Lipton at DiCello Levitt.
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New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.
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Autonomy Execs' Acquittal Highlights Good Faith Instruction
The recent acquittal of two former Autonomy executives demonstrates that a good faith jury instruction can be the cornerstone of an effective defense strategy in white collar criminal cases, in part because the concept of good faith is a human experience every juror can relate to, says Sara Kropf at Kropf Moseley.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Navigating The Murky Waters Of Patent Infringement Damages
Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.
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3 Ways To Lower Insider Trading Risk After First 10b5-1 Case
In light of the U.S. Department of Justice's insider trading prosecution against the former CEO of Ontrack based on alleged abuse of a Rule 10b5-1 safe harbor plan — designed to allow executives to sell their companies' securities without liability — companies and individuals should take steps to avoid enacting similar plans in bad faith, say attorneys at Jenner & Block.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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PE Firms Should Prepare For Increased False Claims Scrutiny
The impact private equity firms may have over medical decisions and care is increasingly attracting potential liability under the False Claims Act and attention from states and the federal government, so investors should follow best practices including conducting due diligence both before and after acquisitions, say attorneys at K&L Gates.
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Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open
The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.
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Series
A Day In The In-House Life: Block CLO Talks Problem-Solving
Amid the busy summer months, Block Inc. Chief Legal Officer Chrysty Esperanza chronicles a typical Wednesday where she conquered everything from unexpected fintech regulatory issues and team building to Bay Area commutes and school drop-off.