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California
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July 16, 2024
Separated Families Worry Trial Delay Would Weaken Memories
Families seeking redress for alleged psychological harms suffered under the Trump administration's zero-tolerance border policy are urging a California federal court not to grant the government's request to delay their trial, saying natural memory lapses would undermine their case.
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July 16, 2024
Delta's $16M Pay Stub Deal Scores Initial OK
A California federal judge signed off on a $16 million deal Tuesday settling a suit accusing Delta Air Lines of wage statement violations under the California Labor Code and Private Attorneys General Act, finding the deal fair and reasonable.
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July 16, 2024
AIG Unit Must Face Mall's COVID-19 Coverage Claims
An AIG unit must face claims that it is liable for a mall operator's losses from rent abatement agreements entered into with tenants during the COVID-19 pandemic, a California federal court ruled, also finding a material dispute about whether the policy's contamination exclusion bars coverage for pandemic-related losses.
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July 16, 2024
Google Maps Antitrust Suit Deleted For Good
A California federal judge permanently dismissed a proposed class action targeting Google's Maps product, rejecting arguments that the company's terms of service barred third parties from using rival route guidance or places-of-interest tools with a Google-furnished map.
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July 16, 2024
California Atty Accused In $282M Theft Put On Inactive Status
A California lawyer who's accused of stealing as much as $282 million from debt relief clients has been placed on involuntary inactive status, and bar discipline authorities say he deserves to lose his license permanently.
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July 16, 2024
Groups Slam UC Berkeley's 'Misreading' Of Antisemitism Case
Jewish organizations suing the University of California, Berkeley, and its law school for allegedly tolerating an antisemitic culture on campus fought to keep their suit alive this week in the face of a motion to dismiss, maintaining their claims are ripe despite UC Berkeley's "bold misreading" of the case.
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July 16, 2024
Universal Music Exec Joins Pierson Ferdinand In Los Angeles
Alison Finley had always loved music, but she didn't know she could be an attorney in the industry until her first year at New York Law School when she walked into a panel on music.
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July 16, 2024
Former Ozy Media CEO Convicted Of Defrauding Investors
A New York federal jury on Tuesday convicted former Ozy Media CEO Carlos Watson of fraud and identity theft in a case alleging the charismatic startup founder lied to banks and investors to secure tens of millions of dollars in funding for the multimedia company.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 15, 2024
Biggest Transportation Decisions: Midyear 2024 Review
The U.S. Supreme Court's upending of a legal doctrine applying to federal agencies' regulatory powers, the dismantling of JetBlue's proposed acquisition of Spirit Airlines and the preservation of California's authority to set its vehicle emissions standards are among the biggest court decisions so far in 2024 affecting the transportation industry.
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July 15, 2024
SEC Urged To Investigate OpenAI For Anti-Whistleblower NDAs
The U.S. Securities and Exchange Commission has been contacted by at least one whistleblower urging it to investigate artificial intelligence pioneer OpenAI for allegedly requiring employees to sign agreements discouraging them from reporting potential wrongdoing to federal regulators, according to a letter shared with Law360 on Monday.
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July 15, 2024
Rebel Wilson Faces Defamation Suit By 'The Deb' Producers
Rebel Wilson was hit with a defamation suit in California state court by the producers of the musical film "The Deb," alleging the actress has spread baseless lies accusing them of sexual harassment and embezzling from the film's budget, without any evidence, and destroyed their reputation and professional careers.
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July 15, 2024
9th Circ. Won't Revive Challenge Of US Military Aid To Israel
Palestinian human rights activists cannot revive their lawsuit challenging the Biden administration's support for Israel's military efforts in Gaza, the Ninth Circuit ruled Monday, saying the decision to provide military or other aid to a foreign nation is a political arrangement that does not belong in the courts.
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July 15, 2024
Male Writer Pans CBS' Free Speech Defense In Bias Suit
A straight white male worker who claims CBS discriminated against him by repeatedly choosing to hire more diverse candidates for writer roles urged a California federal judge to reject CBS Studios Inc.'s bid to ax the case Monday, arguing that the First Amendment "doesn't per se" shield entertainment corporations like CBS from liability.
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July 15, 2024
9th Circ. Says Filmmaker's Son Took Too Long To Probe Fraud
The Ninth Circuit has affirmed a lower court order confirming an $8.7 million arbitral award in a long-running family dispute over a prominent Mexican film producer's film collection, saying the producer's son waited years too long to probe whether his siblings fraudulently tainted the award.
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July 15, 2024
Gov't Facing Sanctions Over Docs Withheld In Contract Row
A Court of Federal Claims judge has ordered the federal government to explain why it shouldn't be sanctioned for wrongly asserting privilege and withholding documents in a dispute over the allegedly bad faith cancelation of a U.S. Air Force construction task order.
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July 15, 2024
Netgear Defends RICO, Antitrust Case Against Huawei
Router maker Netgear is coming out in defense of its suit accusing the Chinese government-affiliated Huawei of racketeering and antitrust violations, saying that the tech company has attacked its claims by "overstating the pleading requirements and ignoring the law."
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July 15, 2024
Feds Say New Migrant Detention Rules Moot Lawsuit
The Biden administration asked a California federal court to end a long-running lawsuit challenging the government's practices for placing unaccompanied migrant children, saying it addressed all the issues identified by the court with an April policy change.
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July 15, 2024
JD Vance's Wife Leaves Munger Tolles As Campaign Launches
Usha Chilukuri Vance, the wife of vice presidential candidate J. D. Vance, has resigned as a litigator at Munger Tolles & Olson LLP, her now-former law firm told Law360 on Monday afternoon, presumably to trade her Washington, D.C.- and San Francisco-based litigation career for the campaign trail.
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July 15, 2024
9th Circ. Centers On Atty's Duties In Winery TM Feud
Ninth Circuit judges appeared skeptical Monday that a Houston lawyer could represent a prominent Napa Valley vintner while also claiming partial ownership rights to the name of its popular cabernet sauvignon, with one judge saying that conflict of interest rules for attorneys operating in California are "very strict."
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July 15, 2024
Fed. Circ. Upholds Some HVAC Patent Claims In Google Fight
The Federal Circuit has affirmed a Patent Trial and Appeal Board decision that handed a partial win to EcoFactor Inc. in a patent challenge brought by Google LLC.
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July 15, 2024
Calif. Justices Nix 3 Charter Arb. Terms, Remand Severability
The California Supreme Court held Monday that three of four challenged provisions in Charter Communications Inc.'s employee arbitration agreement are "substantively unconscionable" but remanded a worker's discrimination case back to the trial court to determine if those provisions can be severed and the agreement can still be enforced.
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July 15, 2024
Teamsters Must Stay Out Of Cannabis Law Row, Co. Says
The International Brotherhood of Teamsters is trying to intervene in a suit over a California law's mandate for labor peace agreements to obtain money, a cannabis retailer claimed, telling the court that the union lacks an interest to justify its intervention.
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July 15, 2024
Judge Says Attys Must Hash Out Conflict In Twitter Row
A California federal judge has rebuked both sides of a suit alleging Twitter violated federal labor laws amid a mass layoff in late 2022, ordering lead attorneys to attend a meet and confer session in August to work through ongoing conflicts that have arisen since the claims were filed in April 2023.
Expert Analysis
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What FTX Case Taught Us About Digital Asset Recoverability
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.
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Series
Serving In The National Guard Makes Me A Better Lawyer
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.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
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.
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Synapse Bankruptcy Has Ripple Effects For Fintech Industry
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.
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California Adds A Novel Twist To State Suits Against Big Oil
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.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
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.
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Why Justices Should Rule On FAA's Commerce Exception
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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Tricky Venue Issues Persist In Fortenberry Prosecution Redo
Former Rep. Jeff Fortenberry was recently indicted for a second time after the Ninth Circuit tossed his previous conviction for improper venue, but the case, now pending in the District of Columbia, continues to illustrate the complexities of proper venue in "false statement scheme" prosecutions, says Kevin Coleman at Covington.
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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.