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California
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July 29, 2024
9th Circ. Axes Limit On DOL Denying Calif. Agencies Grants
The U.S. Department of Labor can shut California transit agencies out of a federal grant because of a conflict between a state pension law and a federal transit law, with the Ninth Circuit lifting a ban Monday on the agency denying grant applications because of that conflict.
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July 29, 2024
USPS Backs Oshkosh's Sealing Bid In New Vehicle Plan Case
The U.S. Postal Service on Friday backed Oshkosh Defense's request to seal their confidential supplier contract terms in litigation challenging the agency's decision to replace its aging delivery fleet with only 62% electric vehicles, arguing rivals could use the information to undercut the USPS when negotiating their own supplier contracts.
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July 29, 2024
CIM Group Funds $2.1B Real Estate Investment Platform
Real estate and infrastructure owner CIM Group on Monday announced that it has provided financing for the formation of a $2.1 billion investment platform called Round Hill Capital Ventures, which has acquired contracts for the assets previously managed by Round Hill Capital.
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July 29, 2024
'Simpsons' Creator Owes Pay, Ignored Harassment, Suit Says
"The Simpsons" creator Matt Groening and his wife, Agustina Picasso, didn't do anything to stop the sexual harassment their former house manager told them she faced, while also cheating her out of wages, the worker said.
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July 29, 2024
Amex Inks $3M Deal To Settle Girardi Bankruptcy Suit Claims
American Express reached a $3 million deal to settle claims brought by the Girardi Keese bankruptcy trustee accusing the credit giant's banking unit and another subsidiary of enabling $50.25 million in fraudulent transfers as part of the now-defunct law firm's scheme to defraud creditors.
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July 29, 2024
9th Circ. Rules Ch. 7 Debtor Can't Exempt Home From Estate
The Ninth Circuit ruled that a debtor in a Chapter 7 bankruptcy case in Washington state cannot pursue above-limit homestead exemption and that the remaining proceeds of her property should go to the bankruptcy estate, reversing the bankruptcy appellate panel's decision in 2022.
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July 29, 2024
Realtor.com Parent Fights Uphill For CoStar Injunction
A California federal judge appeared skeptical Monday of a preliminary injunction request from Realtor.com's parent company seeking to block rival CoStar from misappropriating trade secrets and unlawfully accessing its computers, saying the alleged theft doesn't appear to involve a secret "formula" but rather website content.
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July 29, 2024
Insurer Must Pay Defamation Defense Costs, Co. Says
An online health services company told a California federal court that a Hanover Insurance unit must help cover the "tens of millions of dollars" the company incurred while litigating an underlying defamation counterclaim and pursuing its own affirmative claims, calling the defense counsel the insurer installed "woefully inadequate."
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July 29, 2024
Medical Co. Fights To Reboot Arbitration Bid At 9th Circ.
A private-equity owned medical product maker urged the Ninth Circuit on Monday to reverse a finding that a truck loader's proposed class wage claims are exempt from federal arbitration law, arguing that the court erred in finding that she engaged in interstate commerce based on "super flimsy evidence" and is exempt.
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July 29, 2024
Calif. Panel Weighs Guidance On Judges' School Fundraising
On Monday, the California Supreme Court Committee on Judicial Ethics Opinions released its latest draft opinion, soliciting public input in proposed guardrails for judicial officers' personal participation in their children's school fundraising efforts.
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July 29, 2024
Western Digital Hit With $262M Verdict Over Data Storage IP
A California federal jury found Friday that hard drive behemoth Western Digital owes MR Technologies more than $262 million in royalties for infringing its patents for increasing storage capacity on disk drives, after nearly two weeks of trial and four hours of deliberations.
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July 29, 2024
TikTok Loses Bid To Have Chinese Co. Identify Trade Secrets
A California federal court has denied TikTok's bid to force Beijing Meishe Network Technology Co. Ltd. to further identify trade secrets in a complaint that accuses the social media platform of stealing them, with the judge saying that the suit includes enough information for now and that discovery should proceed quickly.
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July 29, 2024
Hunter Biden Attys Say They Didn't Mislead Judge In Tax Case
Hunter Biden's attorneys told a Los Angeles federal judge that while several statements in their motion to dismiss tax charges against the president's son were worded "perhaps inartfully," they never intended to mislead the court in a way that would merit sanctions.
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July 29, 2024
9th Circ. Rules Pretrial Inmates Aren't Entitled To Min. Wage
The California Supreme Court made clear that state law doesn't cover pretrial detainees' wage claims, the Ninth Circuit ruled, flipping a lower court's decision denying a California county and a correctional services company's bid to toss a wage suit.
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July 29, 2024
Firm, Ex-Client Brief Conn. High Court In Punitive Award Case
McCarter & English LLP and ex-client Jarrow Formulas Inc. are weighing in as the Connecticut Supreme Court decides whether a federal court can award law firms punitive damages in suits for breach of contract, as the firm seeks a punitive payout after winning multimillion-dollar judgments in a contract dispute.
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July 29, 2024
Boxing Manager Nears Default Win In RICO Suit
A boxing manager welcomed a California federal court's decision to award him $9.5 million as part of a default judgment against a now-defunct management company in a racketeering case but requested an increase to the court's award of legal fees.
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July 29, 2024
BlackBerry Gets Former Exec's Sex Harassment Suit Trimmed
A California federal judge tossed several pay discrimination claims from a former BlackBerry executive's lawsuit claiming she was fired for reporting that the company's CEO sexually harassed her before taking the top job, saying she didn't show that she and the CEO had comparable positions before he assumed the role.
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July 29, 2024
Mich. Man Fights LA Bid To Toss Pot License Lottery Suit
A Michigan man who owns several cannabis retailers is pushing back on a bid by Los Angeles to throw out his suit challenging its social equity license lottery.
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July 29, 2024
UPS Axes Ex-Worker's Failure-To-Reimburse Class Claims
A California federal judge significantly narrowed a former UPS worker's proposed class action alleging employees were denied paid sick time and forced to foot the bill for work expenses, stating that some of her class claims were too broad.
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July 26, 2024
'Low-Grade Lawyering': Quinn Emanuel Attys Draw Judge's Ire
A California federal judge considering Guardant Health's sanctions bid in a false advertising case against rival Natera said Friday that representations to the court by Natera's attorneys from Quinn Emanuel Urquhart & Sullivan LLP regarding a proposed expert witness were "less than forthright" and "pretty low-grade lawyering."
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July 26, 2024
Product Liability Cases To Watch 2024: A Midyear Report
Litigation over claims that social media addict children and harm mental health continues to hold attorneys' attention, along with claims that "forever chemicals" are a source of cancer.
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July 26, 2024
Off The Bench: NBA Signs Mega Deals, Jerry Jones Settles
In this week's Off The Bench, the NBA signed $77 billion worth of telecast and streaming deals while longtime league broadcaster TNT challenged the decision, Jerry Jones' suit against his alleged daughter settled while jurors were at lunch, and Pennsylvania's high court agreed to hear an appeal relating to Pittsburgh's jock tax, a fee applied to nonresident professional athletes.
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July 26, 2024
Adobe Exec Called Cancel Fee Trap 'Heroin' For Co., Suit Says
Adobe Inc. is so aware of the power, and financial benefits, of its allegedly hidden early termination fee for its most lucrative subscription plan that one executive described the fee as "a bit like heroin for Adobe," according to a newly unredacted complaint from the U.S. Department of Justice and the Federal Trade Commission.
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July 26, 2024
Girardi Can't Show Ex-CFO's Spending Habits In Fraud Trial
Jurors in Tom Girardi's upcoming fraud trial won't hear details about the spending habits of Girardi Keese's former CFO, who's accused of a "side fraud" that bilked millions without Girardi's knowledge, after a California federal judge agreed with prosecutors Friday that the evidence appears more prejudicial than probative.
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July 26, 2024
Copyright Cases To Watch In The Second Half Of 2024
The first copyright trial arising from an artificial intelligence platform could provide intellectual property attorneys with insight into dozens of pending suits against AI companies, while the Tenth Circuit is reconsidering whether Netflix made fair use of a funeral clip in its "Tiger King" docuseries.
Expert Analysis
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Back Labels In False Ad Cases Get Some Clarity In 9th Circ.
Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.
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Why Fed. Circ. Should Resolve District Split On Patent Statute
A split exists among district courts in their analysis of when marking cannot be done on a patented article due to its character, and the Federal Circuit should consider clarifying the analysis of Section 287(a), a consequential statute with important implications for patent damages, say Nicholas Nowak and Jamie Dohopolski at Sterne Kessler.
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Employers Beware Of NLRB Changes On Bad Faith Bargaining
Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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How Banks Should Respond To Calif. AG's Overdraft Warning
Banks and credit unions should heed recent guidance from California’s attorney general, along with warnings by consumer regulators of all stripes, regarding unfair fee practices by properly disclosing their fees and practices, and ensuring the amounts charged mirror federal benchmarks, say Brett D. Watson and Madeline Suchard at Cozen O'Connor.
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Calif. Verdict Showcases SEC's New 'Shadow Trading' Theory
Last week's insider trading verdict, delivered against biopharmaceutical executive Matthew Panuwat by a California federal jury, signals open season on a new area of regulatory enforcement enabled by the U.S. Securities and Exchange Commission's shadow trading theory, say Perrie Weiner and Aaron Goodman at Baker McKenzie.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Climate Disclosure Mandates Demand A Big-Picture Approach
As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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Considerations For Evaluating IP Risks In Cannabis M&A
Due to the patchwork of state cannabis laws in the U.S., investors and businesses acquiring intellectual property must assess whether a trademark portfolio possesses any vulnerabilities, such as marks that are considered attractive to children or third-party claims of trademark infringement, say Mary Shapiro and Nicole Katsin at Evoke Law.
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A Snapshot Of The Evolving Restrictive Covenant Landscape
Rachael Martinez and Brooke Bahlinger at Foley highlight recent trends in the hotly contested regulation and enforcement of noncompetition and related nonsolicitation covenants, and provide guidance on drafting such provisions within the context of stand-alone employment agreements and merger or acquisition transactions.
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Ruling Signals Wave Of CIPA Litigation May Soon End
A California state court's recent ruling in Licea v. Hickory Farms, which rejects the argument that IP address tracking violates the California Invasion of Privacy Act's pen register provision, is likely to reduce or stop the slew of new cases filed against businesses for similar alleged violations, says Patricia Brum at Snell & Wilmer.
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Opinion
High Court Should Settle Circuit Split On Risk Disclosures
The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.
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9th Circ. TM Ruling Expands Courts' Role In Application Cases
The Ninth Circuit’s recent ruling in BBK Tobacco v. Central Coast Agriculture is the first time a federal appeals court has explicitly authorized district courts to adjudicate pending trademark applications, marking a potentially significant expansion of federal courts' power, says Saul Cohen at Kelly IP.