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California
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June 14, 2024
Providers' $12M Suit Against Cigna, Multiplan Trimmed
A California federal judge trimmed a suit against Cigna and Multiplan alleging the companies lowballed reimbursement to a group of substance use disorder treatment providers seeking more than $12 million under health plans they administered, keeping a federal benefits law claim intact but dropping several state law claims.
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June 14, 2024
4th Circ. Urged To Toss Cannabis Dormant Commerce Suit
Maryland cannabis regulators have told the Fourth Circuit that a lower district court judge was right to deny a California entrepreneur's bid to halt all social equity licensure and that the state's policies do not discriminate against out-of-state players.
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June 14, 2024
Littler Aims To End Theft Suit After $1M Deal With Ex-Firm Atty
Littler Mendelson PC this week moved to drop a lawsuit accusing a former associate of stealing confidential documents following a settlement in which the firm agreed to pay her nearly $1 million, though a separate, newer case in which the lawyer accuses Littler of violating that deal remains open.
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June 14, 2024
Sidley Taps Cooley Atty To Lead VC Fund Formation Team
Sidley Austin LLP has announced the hiring of a former Cooley LLP partner in Palo Alto, California, to lead its newly formalized venture capital fund formation practice as the firm looks to expand its existing bench in that area.
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June 14, 2024
Autodesk Legal Chief Sees Compensation Package Near $4M
Autodesk paid its chief legal officer close to $4 million during the recent fiscal year, most of which was stock awards, according to a Friday filing with the U.S. Securities and Exchange Commission.
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June 14, 2024
Calif. Software Co. Hits UnitedLex With Copyright Suit
California-based technology company Scalr Inc. has filed a copyright infringement lawsuit against data and professional services company UnitedLex in federal court , accusing the Kansas-based company of continuing to use its infrastructure software after its contract expired on Dec. 31.
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June 14, 2024
Lockheed Worker Fired For Romantic Emails Claims Age Bias
Lockheed Martin used romantic messages that a longtime engineer sent to a "high school sweetheart" over his company email as an excuse to get rid of him because he was 70 years old, the former worker told a California state court.
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June 14, 2024
Real Estate Broker Claims Lewis Brisbois Breached Deal
A real estate broker who had exclusive rights to represent Lewis Brisbois Bisgaard & Smith LLP has slammed the firm with a breach of contract suit in California state court, alleging its abrupt termination of their deal will cost him millions in commissions.
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June 14, 2024
Justices Endorse 2-Step Notification System For Removals
The U.S. Supreme Court on Friday said the federal government's practice of issuing multiple notices to migrants to advise them of removal proceedings is acceptable, ruling that in absentia removal orders can't be rescinded when the government fails to provide the location and time of immigration court hearings in a single document.
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June 13, 2024
Apple Fights To Ax 'Speculative' IPhone App Antitrust Suit
Apple urged a California federal judge Thursday to toss a proposed antitrust class action alleging the company illegally prevents iPhones from running web-based apps that don't need to be downloaded, arguing consumers don't have standing to bring the "speculative" litigation since they're not directly injured by Apple's agreements with developers.
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June 13, 2024
IP Forecast: Cooley Atty Faces DQ Bid Over Past Patent Work
A prominent Cooley LLP lawyer will face questions next week in a Philadelphia courtroom over her work a decade ago at her former firm defending a cloud software startup that is now suing a Cooley client. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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June 13, 2024
'Trump Too Small' Opinion Leaves Some Justices, Attys Vexed
In denying a bid to register "Trump Too Small" as a trademark for apparel, the U.S. Supreme Court unanimously concluded Thursday there was no free speech violation. But Justice Clarence Thomas' opinion leaning on tradition to justify prohibiting names as marks without an individual's consent left some justices and attorneys dissatisfied.
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June 13, 2024
Apple Workers' Suit Says Women Are Paid Less For Same Work
A pair of Apple workers lodged a proposed class action in California state court Thursday claiming that the company has systematically paid thousands of women less than their male counterparts for substantially similar work for years.
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June 13, 2024
Zoom's $150M Investor Deal Nears OK, But $50K Award Iffy
A California federal judge indicated Thursday that he'll preliminarily approve Zoom's $150 million deal to end claims it misled investors by stating that it offered end-to-end encryption on its videoconferencing software, but told the plaintiffs' lawyers, "You're going to have to persuade me" to award the lead plaintiff $50,000.
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June 13, 2024
Ending Flores Settlement Won't Endanger Children, Feds Say
The Biden administration said a recent regulation it contends warrants winding down the 27-year-old Flores settlement governing health and safety standards for minors in immigration detention can address concerns that human rights organizations raised about the continued use of unlicensed facilities.
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June 13, 2024
9th Circ. Doubts SPAC Investors Can Sue Lucid Over Merger
A Ninth Circuit panel appeared skeptical Thursday of investors' bid to revive a proposed class action alleging that Lucid duped them into buying stock in a special-purpose acquisition company ahead of the electric-vehicle maker's $11.75 billion merger, with two of three judges doubting that the SPAC investors have standing to sue.
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June 13, 2024
Judge Asks If Amazon Is Doomed To Stay In Wiretapping Suit
A Washington federal judge questioned Thursday if Amazon Web Services Inc.'s terms of use with Capital One for call center technology "doom" the cloud-computing giant's attempt to avoid a proposed class action accusing it of violating California's wiretapping law.
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June 13, 2024
Lil Uzi Vert Owes Production Co. Over $500K, Suit Says
A California-based music touring company has accused rapper Lil Uzi Vert of stiffing the company of more than half a million dollars in unpaid fees for designing and producing the musician's concerts, according to a Georgia federal lawsuit filed Thursday.
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June 13, 2024
Apple Wants Discovery Hearing Closed In IPhone Class Action
Apple is asking a California federal judge to close the courtroom during an upcoming discovery hearing in the ongoing antitrust class action it's facing from consumers, arguing that the proceeding is likely to reveal consumer data and billing information that should be kept out of public view.
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June 13, 2024
Cloud Software Co. Brass Hid Revenue Woes, Suit Says
Insiders of software company Fastly Inc. were hit with a shareholder derivative suit alleging they overstated the company's revenue capabilities following a period of unsustainable customer growth.
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June 13, 2024
Cannabis Cos. Make Deal Ahead Of Expected DEA Downgrade
An attorney and cannabis entrepreneur is betting that the federal government will reschedule marijuana before winter, announcing his equipment manufacturing firm will ally with a Native American-owned cannabis oil processing company to build out a pharmaceutical cannabis extraction facility.
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June 13, 2024
Legal Aid Org Wants DHS Records On Asylum Data Leak
A legal services provider sued the U.S. Department of Homeland Security in California federal court, looking to force the agency to hand over records on its accidental disclosure of the personally identifiable information of more than 6,200 asylum seekers.
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June 13, 2024
A Chronology Of The Hunter Biden Investigation
The story behind President Joe Biden's son Hunter Biden's conviction on federal gun charges started with a gun purchase in 2018, was complicated by a laptop repair in 2019, and could bleed into an upcoming trial on federal tax charges in California in September.
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June 13, 2024
Family Of Ashli Babbitt's Wrongful Death Suit Shipped To DC
The estate of Ashli Babbitt, a woman fatally shot by police during the Jan. 6, 2021, riot at the U.S. Capitol, will have to litigate a $30 million wrongful death lawsuit against the U.S. government in Washington, D.C., rather than in California, a California federal judge ruled.
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June 13, 2024
Data Center Developer Secures Upsized $9.2B Investment
Hyperscale data center campus company Vantage Data Centers said it has secured a $9.2 billion equity investment from DigitalBridge Group Inc. and Silver Lake, which is nearly $3 billion more than anticipated when the investment was first announced back in January.
Expert Analysis
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Questions Persist After Ruling Skirts $925M TCPA Award Issue
After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.
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Benzene Contamination Concerns: Drugmakers' Next Steps
After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.
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A Look At Global Employee Disconnect Laws For US Counsel
As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.
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How DEI Programs Are Being Challenged In Court And Beyond
In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.
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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.