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December 02, 2024
ByteDance Says Ex-Worker Can't Avoid Counterclaims
TikTok's parent company, ByteDance, says a former engineer shouldn't be able to dodge its counterclaims in a dispute stemming from his termination, arguing that just because he wants to drop his allegations doesn't mean those counterclaims are moot.
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December 02, 2024
FDIC Must Face Some Of SVB Ex-Parent's Claims In $1.9B Suit
A California federal judge has pared down a lawsuit looking to force financial regulators that stepped in after the high-profile collapse of Silicon Valley Bank to return some $1.9 billion in frozen deposits to the bank's former operator as part of a multipronged effort to recover the funds.
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December 02, 2024
GoodRx Inks $25M Deal With Users Over Alleged Data-Sharing
A proposed class alleging GoodRx breached privacy laws by sharing users' sensitive health data with advertisers asked a California federal judge Friday for preliminary approval of a proposed $25 million settlement with the company, saying it still leaves the potential for additional recoveries from co-defendants Meta Platforms, Google and Criteo Corp.
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December 02, 2024
Trial Date Set In 3-Way Fight Over Historic Ohtani Baseball
A trial is now scheduled for one of two Florida state lawsuits to decide which of three baseball fans legally owns a home run ball hit by superstar Shohei Ohtani that was later auctioned off for $4.39 million.
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December 02, 2024
9th Circ. Partially Upholds Block Of Idaho Abortion Travel Ban
A split Ninth Circuit panel on Monday upheld part of a lower court's temporary injunction to an Idaho law that criminalizes helping minors travel out of state to receive abortions without parental permission, finding the "recruiting" portion of the law is unconstitutional.
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December 02, 2024
Apple, Google Hit With Class Claims Over Casino Apps
Apple Inc., Google LLC and several online casino companies are operating an illegal gambling enterprise through "sweepstakes casino" apps and websites, in violation of New Jersey gaming laws, consumer protection statutes and federal racketeering laws, according to proposed class claims.
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December 02, 2024
Heritage's $10M Generic Drugs Deal With AGs Gets 1st OK
A Connecticut federal judge gave his initial approval on Monday to Heritage Pharmaceuticals Inc.'s $10 million settlement agreement with state attorneys general to resolve allegations it took part in an anticompetitive, price-fixing scheme focused on generic drugs.
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December 02, 2024
Musk Asks Court To Halt OpenAI's Conversion To For-Profit
Elon Musk sought a preliminary injunction asking a California federal court to stop OpenAI from transitioning into a for-profit enterprise, arguing the plaintiffs and the public would be harmed whether as competitors, donors, investors, consumers, taxpayers, citizens or "simply as people" worried about AI rushing unsafe products into the marketplace.
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December 02, 2024
Wash. Airport Deportation Ban Unconstitutional, 9th Circ. Says
Ninth Circuit judges have determined that a Washington county's ban on deportation flights departing from a Seattle-area airport was an unconstitutional interference with federal government operations, as well as a breach of a World War II-era agreement.
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December 02, 2024
Ex-Palo Alto Engineer Fights Fraud Conviction At 9th Circ.
A former Palo Alto Networks engineer urged the Ninth Circuit on Monday to overturn his securities fraud conviction and 18-month prison sentence, arguing that he didn't have a personal relationship with the tipper and so there isn't sufficient evidence to show he traded off of insider information.
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December 02, 2024
Bochner Litigator Jumps To Gordon Rees In Bay Area
Gordon Rees Scully Mansukhani LLP is deepening its California bench, bringing in a Bochner PLLC litigation and transactional attorney as a partner in its San Francisco Bay Area offices.
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November 27, 2024
Google Wants 9th Circ. To Undo Play Store Ruling In Epic Row
Google has pressed the Ninth Circuit to reverse an injunction forcing it to allow third-party app distribution on its Play Store, arguing that the lower court's ruling will "directly undercut Google's efforts to compete against Apple and the iPhone."
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November 27, 2024
Prudential Website Visitors Get Class Cert. In Tracking Row
A California federal judge has certified a class of life insurance quote seekers who are accusing Prudential Financial Inc. and its software vendor of illegally recording their keystrokes and information, finding that questions about website visitors' knowledge of this practice can be resolved on a classwide basis.
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November 27, 2024
A Look Back At Years Of Zantac Litigation: Timeline
After the U.S. Food and Drug Administration raised a red flag five years ago that heartburn drug Zantac and its generics contained levels of a chemical that could cause cancer, litigation kicked off in federal and state courts. Here, Law360 presents a timeline of the lawsuits, trials and settlements that ensued.
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November 27, 2024
'Vanderpump Rules' Star Neglecting Her TM Case, Judge Says
A California federal judge says Bravo TV star Lala Kent missed a deadline for moving forward with a trademark case against a cosmetics consultant accused of running the "Give Them Lala" brand without her permission.
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November 27, 2024
Comcast Foe Warns Fed. Circ. About Patent Testimony Ruling
A small California tech company is arguing that a Federal Circuit panel created a "rigid new rule" when a panel majority upheld a decision rejecting so-called "because I said so" trial testimony from the company's expert in patent infringement litigation against Comcast's Xfinity app.
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November 27, 2024
GM, Cruise Say DPA Has No Bearing On Securities Fraud Suit
General Motors and its driverless car unit Cruise LLC have told a Michigan federal judge that Cruise's deferred prosecution agreement with the U.S. Department of Justice over a San Francisco pedestrian accident doesn't help investors in a proposed securities fraud class action.
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November 27, 2024
Citi Gets TRO On Banker Accused Of Poaching Atty Clients
A California federal judge on Tuesday granted Citibank NA's request for a temporary restraining order against one of its former bankers who it alleges jumped to a rival with confidential information on law firm and attorney clients, but denied the request regarding a second banker as "too speculative."
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November 27, 2024
Samsung Drops Chip Antitrust Case Against Broadcom
Samsung has agreed to drop its lawsuit in California federal court accusing Broadcom of blocking competition from rival mobile chip suppliers by forcing the electronics maker into signing a restrictive sales contract.
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November 27, 2024
Ford Can't Throw Out $13M IP Verdict, InterMotive Says
California-based vehicle technology supplier InterMotive Inc. has urged a Michigan federal judge not to touch a $13 million verdict it won after a jury found Ford profited from the misappropriation of a trade secret related to its interface module, saying the jurors made their decision based on sufficient evidence.
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November 27, 2024
Injury Law Firm Accuses Rival Of Stealing 'Call Sam' Slogan
Michigan-based personal injury law firm Sam Bernstein Law has launched a trademark infringement lawsuit in California federal court against rival personal injury law firm Sam & Ash LLP, alleging its competitor has ripped off its longtime advertising taglines, "Call Sam" and "1-800-Call-Sam."
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November 27, 2024
Up Next At The High Court: Transgender Care, Holocaust Art
The U.S. Supreme Court will return to the bench Monday for its December arguments session, which will include blockbuster questions about the constitutionality of state laws banning gender-affirming care for transgender minors and whether Hungary can be held liable for property stolen during World War II.
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November 27, 2024
Calif. Law Means FERC Must Yank Grid Perk, 9th Circ. Told
California officials and several municipal utilities have backed the Federal Energy Regulatory Commission's revocation of a grid incentive for Pacific Gas & Electric Co. for voluntarily belonging to a regional transmission organization, telling the Ninth Circuit that FERC is properly following state law.
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November 27, 2024
Yale Health Group Can Bolster Bid To Dodge $435M Sale Deal
Yale New Haven Health Services Corp. can add allegations to its complaint against Prospect Medical Holdings Inc. seeking to dodge a $435 million contract to buy a string of Connecticut hospitals and cite more examples of the seller's alleged breach of the deal, including $16 million in pension liens and ongoing regulatory investigations.
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November 27, 2024
Myman Greenspan Accused Of Wrongfully Firing Assistant
Motion picture and television law firm Myman Greenspan Fox Rosenberg Mobasser Younger & Light LLP used a "transparent pretext" to illegally fire an assistant who had a health condition and was over the age of 50, according to a suit alleging wrongful termination in California state court.
Expert Analysis
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Justices' Intent Witness Ruling May Be Useful For Defense Bar
At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Why Calif. Courts Are Split On ERISA Forfeited Contributions
A split between two California federal courts, in deciding whether an employer’s use of forfeited retirement plan contributions to offset future costs violates the Employee Retirement Income Security Act, suggests employers should soon expect more ERISA cases to advance this novel legal theory when making anti-inurement and breach of fiduciary duty claims, says Blake Crohan at Alston & Bird.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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How 5 States' Deal Notification Laws Are Guiding Healthcare
Healthcare transaction notification laws at various stages of implementation in California, Illinois, Indiana, Oregon and Washington are shaping sector mergers and acquisitions, with significant transparency, continuity of care and compliance implications as providers tackle complex regulatory requirements, says Melesa Freerks at DLA Piper.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Alice Step 2 Trends Show Courts' Extrinsic Evidence Reliance
A look at recent trends in how district courts are applying Step 2 of the Alice framework shows that courts have increasingly relied on extrinsic evidence to help determine whether a claimed invention is "well-understood, routine, and conventional," says Jonathan Tuminaro at Sterne Kessler.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.
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What Cos. Should Know About New Global Plastics Regs
As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.
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How Calif. Ruling Alters Worker Arb. Agreement Enforcement
The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.
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The Rise Of State And Local Environmental Leadership
While Congress is deadlocked, and a U.S. Supreme Court with a hostility toward the administrative state aggressively dismantles federal environmental oversight, state and local governments are stepping up with policies to shape a more sustainable future for all species, says Jonathan Rosenbloom at Albany Law School.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.