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California
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August 29, 2024
Ex-Littler Atty Drops Suit Alleging Firm Violated $1M Deal
A former Littler Mendelson PC lawyer has dropped her California state court lawsuit against the firm that alleged it had violated a settlement inked in a suit the firm filed in Texas state court accusing the attorney of stealing confidential information, wrapping up the dispute between the former associate and the firm.
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August 29, 2024
Judge Asked To OK Settlement For Halliburton CERCLA Suit
Halliburton and more than 30 companies seeking to recover costs associated with the cleanup of long-accumulated contamination at a Superfund site have struck a settlement in California federal court in an attempt to bring to a close a decade of litigation.
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August 28, 2024
Calif. Assembly OKs 1st-Of-Its-Kind AI Safety Bill
California lawmakers on Wednesday approved a groundbreaking proposal that would set safety and security standards for large artificial intelligence models.
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August 28, 2024
9th Circ. Revives Atty's Suit Against State Bar Officers
The Ninth Circuit on Wednesday reversed a summary judgment win for Oregon State Bar officers, ruling in a published opinion that a member attorney established that the bar violated his constitutional right to freedom of association when publishing statements he objected to that criticized former President Donald Trump.
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August 28, 2024
RFK Jr.'s Atty In Meta Suit Says He's Still Running, Could Win
A lawyer for Robert F. Kennedy Jr. urged a California federal judge on Wednesday to stop Meta from censoring pro-Kennedy posts on Facebook and Instagram, saying his client "remains a presidential candidate" and could "conceivably still win the election," despite his recent announcement that he's suspending his campaign.
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August 28, 2024
9th Circ. Overturns Rule Mandating Sealing Of Health Records
A Ninth Circuit panel found Wednesday that Hawaii state court rules mandating the automatic sealing of medical and health records in civil and criminal proceedings are unconstitutionally overbroad.
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August 28, 2024
Hunter Biden's Addiction Expert Knocked Out Of Tax Trial
A California federal judge on Tuesday barred Hunter Biden's expected addiction expert from testifying in his upcoming trial on tax charges, saying the expert's opinions hadn't been clearly linked to the specifics of Biden's own struggle.
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August 28, 2024
Game-Maker Zynga Can't Ax IBM Patent Ahead Of Sept. 9 Trial
The video game developer behind "Farmville" and "Words with Friends" failed Wednesday to convince a Delaware federal judge that claims in an IBM patent cover ideas too routine for patent protection, allowing the tech giant to bring those claims before a jury trial scheduled for early next month.
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August 28, 2024
9th Circ. Rejects Brady Violation Claim In CWA Conviction
The Ninth Circuit on Wednesday upheld a Seattle barrel cleaning company owner's conviction for dumping chemical-laden wastewater into public sewers, rejecting his argument that federal prosecutors kept information from the jury about the immigration status of a key witness who worked for him.
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August 28, 2024
Cooley, Latham Steer Defense Co.'s $80M VC Funding Round
Parry Labs announced Wednesday that the Virginia-based defense technology company, represented by Cooley LLP, has raised $80 million in its first institutional investment round fueled by Capitol Meridian Partners, represented by Latham & Watkins LLP, and other venture capital firms.
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August 28, 2024
Jazz, Hikma Must Face Bulk Of Xyrem Antitrust Suit
Jazz Pharmaceuticals and Hikma Pharmaceuticals appear bound for trial against most solo insurer and class action antitrust claims over alleged efforts to block generic competitors to Jazz's Xyrem narcolepsy drug, under a newly unsealed California federal court order largely rejecting competing motions for summary judgment.
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August 28, 2024
Calif. Couples Drop FujiFilm Suit Over Destroyed Embryos
California couples who sued a manufacturer of oil used in the in vitro fertilization process claiming the product killed their embryos are looking to drop their federal suit.
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August 28, 2024
Wash. AG Fears Kroger Will Move Goalposts For Merger Trial
The Washington Attorney General's Office told a state court Wednesday that Kroger refuses to commit to sticking with the current terms of its divestiture package in its merger with Albertsons, which the state fears would unfairly "move the goalposts" less than three weeks before a trial on the state's merger challenge kicks off.
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August 28, 2024
The NFL-Approved PE Firms That Can Now Invest In Teams
The NFL made a landmark decision Tuesday to approve private equity ownership of teams, making it the last major North American sports league to bring PE dollars into the mix. It’s not a free-for-all, however; to start, the league selected specific funds that are now allowed to take non-controlling interests in teams. Here, Law360 looks at the approved investment players.
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August 28, 2024
Landlord Says Twitter Changed Tune On Lease After Musk
A Colorado landlord claims it was on the same page with Twitter about the terms of a lease and tenant improvement project until Elon Musk bought the company, when the social media platform suddenly "discover[ed] its new interpretation" of the lease and stopped paying rent.
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August 28, 2024
Yelp Sues Google Over Reviews Self-Preferencing
Yelp sued Google in California federal court Wednesday, targeting the self-preferencing of Google's own local search offerings as illegal monopolization after years of public lobbying against the search giant.
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August 28, 2024
TikTok Lawsuit, Kids' Privacy Bills Push Cos. 'Back To Basics'
The federal government's lawsuit challenging TikTok's policing of kids on its platform and mounting efforts to boost online protections for teens is ramping up pressure on a broad range of website operators, highlighting the importance for companies to think beyond existing legal frameworks to avoid growing legal scrutiny.
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August 28, 2024
IRS Must Reconsider Pair's Ability To Pay Tax Liability
The U.S. Tax Court sent a case involving a levy against a pair of Californians for six years' worth of tax deficiencies back to the IRS' Office of Appeals, saying Wednesday that more work needs to be done to determine the couple's ability to pay.
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August 28, 2024
Calif. Debt Relief Firm Ran Criminal Enterprise, Judge Says
A California bankruptcy judge ruled Tuesday that the defunct Orange County debt relief law firm Litigation Practice Group operated a "criminal enterprise" and possibly a Ponzi scheme, a finding that representatives for the firm's court-appointed bankruptcy trustee say they will use to claw money back from investors.
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August 28, 2024
Sidley Brings On McDermott's LA Litigation Leader
The head of McDermott Will & Emery LLP's Los Angeles litigation practice has moved to Sidley Austin LLP's commercial litigation and disputes department as a partner, Sidley Austin announced Wednesday.
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August 28, 2024
Disney's $8.5B India Media Merger Gets Regulatory Nod
India's competition watchdog said in a statement Wednesday it has conditionally approved the proposed $8.5 billion merger between Disney India's media business and Reliance Industries, after the merging entities reportedly overcame regulatory concerns about their grip on broadcast rights to cricket.
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August 28, 2024
LA Atty Accused Of Bilking Inmates With False Freedom Hope
A Los Angeles attorney accused of raking in thousands of dollars by giving inmates and their families intentionally misleading information about their chances for resentencing after convictions for violent crimes faces an 18-count disciplinary complaint filed this week by the State Bar of California.
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August 28, 2024
Farella Braun Can Pursue Unpaid SVB Fees From FDIC
Farella Braun & Martel LLP can go after the Federal Deposit Insurance Corp. for $49,000 in legal fees owed by Silicon Valley Bank's parent after the agency was appointed as the bank's receiver, a California federal judge ruled Wednesday.
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August 28, 2024
Ex-Assistant DA Can't Revive Retaliation Suit At 9th Circ.
The Ninth Circuit declined Wednesday to reinstate a former assistant district attorney's suit claiming he was fired by the city of San Francisco for whistleblowing about what he alleged was misconduct, ruling there's not enough proof he was canned for going to the media with his concerns.
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August 28, 2024
San Francisco NFL Team To Put $200M Into Stadium Upgrade
The San Francisco 49ers plan to spend $200 million to upgrade their Santa Clara, California, stadium with features such as higher-speed Wi-Fi, new concession stands, remodeled luxury suites and upgrades for 13,000 square feet of the stadium's LED screens, the team announced.
Expert Analysis
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Opinion
'Trump Too Small' Ruling Overlooks TM Registration Issues
The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth
Following the U.S. Department of Justice’s first-ever criminal prosecution over telehealth-prescribed controlled substances in U.S. v. Ruthia He, healthcare providers should be mindful of the risks associated with restricting the physician-patient relationship when crafting new business models, says Jonathan Porter at Husch Blackwell.
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Expect The Unexpected: Contracts For Underground Projects
Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Calif. Ruling Heightens Medical Product Maker Liability
The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.