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July 18, 2024
Crypto Law Firm's SEC Challenge Met With Doubt At 9th Circ.
A Ninth Circuit panel appeared skeptical Thursday of a law firm's quest for a judgment that its use of the crypto asset ether doesn't offend securities laws, questioning whether the firm has shown it faces enough of a threat from the U.S. Securities and Exchange Commission to keep its case against the regulator alive.
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July 18, 2024
'Dreamer' Sues California Credit Union Alleging Loan Bias
University Credit Union violated both federal and California antidiscrimination laws by withdrawing a woman's auto loan because she was a Deferred Action for Childhood Arrivals program recipient, the woman alleged in a proposed class action filed Thursday in California federal court.
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July 18, 2024
4 Men Cop To $2M 'Instant Deposit' Robinhood Fraud
Four men have pled guilty in New York federal court to being involved in a scheme to steal millions of dollars from trading firm Robinhood by exploiting a program that gave them access to cash advances.
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July 18, 2024
CoComelon Seeks Atty Fees And Sanctions After $23M IP Win
The company behind the popular children's YouTube channel CoComelon urged a California federal judge Thursday to follow up its $23.4 million copyright trial win by ordering a Chinese rival to pay an additional $6.5 million in attorney fees and costs, plus $1 million more for the rival's litigation misconduct.
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July 18, 2024
LPL Reaps Benefits From Forced Cash Sweep, Suit Says
LPL Financial was hit with a putative class suit by a customer who claims the broker-dealer automatically moves customers' uninvested cash into its cash sweep programs, primarily benefiting the firm at the expense of its clients.
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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.
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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.
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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.
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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.
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July 18, 2024
Live Nation Previews Part Of Case Against DOJ Suit
Live Nation and Ticketmaster have teed up part of their fight against 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.
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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.
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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.
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July 18, 2024
LegitScript Asks 9th Circ. To Ax Price-Checker Antitrust Suit
LegitScript has 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.
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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."
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Opinion
9th Circ. Nazi Art Theft Ruling Is Bad For Repatriation Cases
The Ninth Circuit’s recent decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, holding that a Spanish museum doesn't have to return a Nazi-stolen painting to the original Jewish owners, spells trouble for future heirloom repatriation cases, which hinge on similar archaic laws, say Andrea Perez and Josh Sherman at Carrington Coleman.
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Enforcement Risk Amid Increased Consumer Data Use
While no state has introduced a private right of action for noncompliance with a comprehensive consumer privacy law — except for the California Consumer Privacy Act's data breach provision — organizations and retailers face risk from enforcement actions by state attorneys general and privacy regulators, say attorneys at Dentons.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Opinion
The Problems In Calif. Draft Behavioral Ad Privacy Regs
The California Privacy Protection Agency has an opportunity with its automated decision-making technology and profiling rulemaking to harmonize California's regulation of data-driven advertising, but this will be a failure unless several things are changed in its proposed treatment of behavioral advertising, say Alan Friel and Kyle Fath at Squire Patton.
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Wildfire Challenges For Utility Investors: Liability Theories
The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.
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The Challenges Of Measuring Harm In Slack-Fill Cases
A recent California federal court partial class certification ruling was a rare victory for plaintiffs in a case over slack-fill empty space in packaged products, indicating that damages arguments may be important at the certification stage, say Sushrut Jain and Valentina Bernasconi at Edgeworth Economics.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Can A DAO Be Sued? SDNY Case May Hold The Answer
A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.
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Tips For Counsel Seeking Balance In The ESG Political Divide
Corporate counsel tasked with navigating environmental, social and governance factors in the current polarized political environment should not lose sight of best practices, including sticking to what the law requires and always telling the truth, say Jennifer Rubin at Mintz and Mike Rider at ResMed.
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Disney Copyright Expiration Spurs Trademark Questions
While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Zero-Point Offender Eligibility May Hinge On Meaning Of 'And'
Some white collar defendants’ eligibility for the new zero-point offender sentencing adjustment comes down to whether the word “and” really means “and” — a question the U.S. Supreme Court is set to resolve in its upcoming Pulsifer v. U.S. decision, which could affect thousands of incarcerated people, say Brandon McCarthy and Nikita Yogeshwarun at Katten.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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Recent Rulings Add Dimension To Justices' Maui Decision
The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.
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The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.