California

  • February 28, 2024

    Autonomy Founder's Fraud Trial Risks 'Morass,' Judge Warns

    The California federal judge overseeing the upcoming criminal fraud trial of Autonomy founder Mike Lynch over the software company's $11.7 billion sale to Hewlett-Packard warned prosecutors and defense attorneys Wednesday about growing estimates for the trial's length, saying they're "going to lose [jurors] in the morass" of a monthslong trial.

  • February 28, 2024

    Millionaire Dating Site's Arb. Bid Goes Broke In BIPA Suit

    A dating service for millionaires cannot force one of its users to arbitrate proposed class claims that the company unlawfully collects and stores biometric templates of users' faces, a California federal judge ruled, saying the company hasn't shown the user assented to its service agreement that included an arbitration provision.

  • February 28, 2024

    Calif. Judge Denies Ethics Complaint Of Drugs, Antisemitism

    A California state judge categorically denied an ethics complaint accusing him of using a cannabis oil vape pen, pantomiming "something similar to a lap dance" on a woman married to a local public defender and repeatedly calling another public defender an antisemitic slur during a camping trip.

  • February 28, 2024

    'You Gave Away Your Case': Crypto Win Wilts At High Court

    The U.S. Supreme Court on Wednesday leaned toward letting a technical tug-of-war continue in litigation accusing the cryptocurrency platform Coinbase Inc. of running a sketchy sweepstakes, as multiple justices suggested the Ninth Circuit overlooked key issues when it sided with aggrieved consumers.

  • February 28, 2024

    Google Search Judge Lets Rival's Keyboard Suit Proceed

    The same D.C. federal judge presiding over the government's search monopolization suit against Google sent up a tantalizing smoke signal for that case Tuesday in refusing to toss an Android keyboard app developer's separate antitrust lawsuit against the technology giant, rejecting key defense arguments meant to cast doubt on Google's alleged dominance.

  • February 28, 2024

    Sbarro Worker Appeals 'Prejudiced' Verdict On Rape Claims

    A former Sbarro employee asked the Ninth Circuit on Wednesday to order a retrial on her allegations that she was sexually assaulted multiple times by a manager and co-workers, claiming a jury verdict favoring the company resulted from a trial tainted by prejudicial assertions, improper evidence and defamatory comments toward her and her counsel.

  • February 28, 2024

    Wells Fargo Fired Teller For AML Whistleblowing, Suit Says

    Wells Fargo faces an ex-employee's suit alleging the bank fired her in retaliation after she raised concerns that the bank's "streamlined" online account opening process allowed customers to open accounts even if they'd previously failed screening aimed at preventing money laundering.

  • February 28, 2024

    Judge Puts Patent Biz, Not Its Lawyer, On Hook For Atty Fees

    A federal judge in Texas on Wednesday opted to punish an alleged shell company, but not its litigious attorney, for asserting patents that were already expired in another failed lawsuit, this time against television maker Vizio Inc.

  • February 28, 2024

    9th Circ. Revives Suit Over Google's Cell Data Use In Androids

    The Ninth Circuit on Wednesday partially revived a putative class action by Android users accusing Google of illegally using their cellular data allotments to transmit information back to itself, finding they plausibly allege Google's "unauthorized transfer" could block customers from using data they purchased from their carriers.

  • February 28, 2024

    9th Circ. Won't Undo Airline Price-Fixing Settlement Payout

    The Ninth Circuit affirmed an order granting attorney fees and a secondary distribution of a $104 million settlement in a long-running airline price-fixing case, finding the objectors who claimed the funds were wrongly sent to those who already got their first-round share lacked standing to challenge the order. 

  • February 28, 2024

    Judge Clears Fujian Jinhua On Feds' Trade Secrets Claims

    A California federal judge has found that the federal government failed to show semiconductor-maker Fujian Jinhua Integrated Circuit Co. Ltd. is guilty of various claims in a suit accusing it of economic espionage in a trade secrets case.

  • February 28, 2024

    Save Mart Retirees Add To Nonunion Health Benefits Suit

    Four retirees of a supermarket chain serving California and Nevada added two claims to their proposed Employee Retirement Income Security Act class action against their former employer, telling a California federal judge that Save Mart Supermarkets failed to properly terminate a health care plan for nonunion employees.

  • February 28, 2024

    9th Circ. Says DOL Can Use Las Vegas Data For Nev. Wages

    The Ninth Circuit has said the U.S. Department of Labor was legally able to use data for a higher-paid Nevada region when it sorted out prevailing wages in the state, turning down a bid by three construction industry-related organizations to consider geographic limitations for wages.

  • February 28, 2024

    Enviro Orgs Sue EPA Over Factory Farm Water Pollution Regs

    Green groups are pushing the Ninth Circuit to revive their petition asking the U.S. Environmental Protection Agency to craft new, stronger Clean Water Act regulations for the large animal feeding facilities they call "sewerless cities."

  • February 28, 2024

    Meta Trims BIPA Voiceprint Privacy Suit, For Now

    A California federal judge pared some claims from a proposed class action claiming Meta Platforms Inc. violates Illinois' Biometric Information Privacy Act by unlawfully using voice recordings created by users of its Facebook and Messenger platforms, but allowed the plaintiff to amend claims that the social media giant profited from and improperly stored her data.

  • February 28, 2024

    Feds Fear Unlimited Discovery In Separated Families' Cases

    The Biden administration cautioned an Arizona federal judge against allowing migrant families separated under the Trump administration to obtain deposition transcripts from another family separation case, saying the request set no limits on how much more evidence could be collected.

  • February 28, 2024

    9th Circ. Allows Racehorse Name Dispute To Ride Again

    The Ninth Circuit has revived a racehorse owners' suit over the banning of their thoroughbred due to its name allegedly disparaging an attorney, finding that the decision by California's horse racing watchdog did not foreclose a federal lawsuit.

  • February 28, 2024

    Scrubs Co. Must Arbitrate With Its Ex-Atty Over False Ad Loss

    A healthcare apparel company that lost its Lanham Act false advertising suit against a competitor in California federal court must pursue claims against its former lawyer in arbitration, while the company agreed to pursue claims against the lawyer's firm, Michelman & Robinson LLP, a Los Angeles judge ruled Wednesday. 

  • February 28, 2024

    Calif. Law Firm Beats Disqualification Ruling In HFPA Case

    A California state appeals court on Tuesday said a trial court was wrong to disqualify a law firm from representing a journalist suing the Hollywood Foreign Press Association over possession of privileged documents.

  • February 28, 2024

    Littler Transportation Co-Leader Jumps To Ogletree In SF

    Ogletree Deakins Nash Smoak & Stewart PC announced Wednesday that the co-leader of Littler Mendelson PC's transportation industry group was joining the firm as a shareholder in its San Francisco office.

  • February 28, 2024

    Erika Girardi Can't Shed Costume Merchant's Suit

    A California federal judge has kept alive a costume merchant's malicious prosecution claim against singer and reality TV star Erika Girardi, saying the merchant showed evidence that Girardi had him wrongfully arrested and prosecuted on made-up fraud charges.

  • February 28, 2024

    6 Firms Guiding Disney And Reliance On $8.5B Indian Media JV

    The Walt Disney Co. and Reliance Industries Ltd. said Wednesday they have agreed to merge their media operations in India, combining Disney's Star India with Reliance's Viacom18 to create a leading TV and digital streaming enterprise in the country, valued at roughly $8.5 billion.

  • February 28, 2024

    Cooley Brings On Baker McKenzie Litigation Vet In LA

    Cooley LLP has continued the expansion of its Southern California litigation team, announcing Wednesday it is bringing in a Baker McKenzie commercial trial attorney as a partner in its downtown Los Angeles office.

  • February 27, 2024

    Amazon Hit With Copyright Suit Over 'Road House' Reboot

    The writer behind the 1989 movie "Road House" sued Amazon Studios LLC on Tuesday in California federal court, alleging the company ignored his copyright for the screenplay and rushed to finish the movie before the rights reverted to him by using artificial intelligence.

  • February 27, 2024

    WWE Says Deal To End Rival's Antitrust Suit Was Worth $20M

    World Wrestling Entertainment Inc. on Tuesday disclosed details of a settlement ending rival MLW Media LLC's lawsuit accusing the entertainment giant of monopolizing pro wrestling broadcasts in the U.S., saying in a filing with the U.S. Securities and Exchange Commission that the December deal was worth $20 million.

Expert Analysis

  • 2 Emerging Defenses For Website Tracking Class Actions

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    Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

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    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

  • Bank Secrecy Act Lessons For Casinos After DOJ Settlements

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    The U.S. Department of Justice's recent settlements with the MGM Grand and Cosmopolitan casinos, resolving an investigation into alleged violations of the Bank Secrecy Act, signal a shift in the DOJ's enforcement focus and provide insight into potential pitfalls in anti-money laundering compliance programs, say attorneys at Jenner & Block.

  • Setting The Stage For High Court BofA Escrow Interest Case

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    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • Future Not Looking Bright For Calif. Employee Nonsolicits

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    California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Look Ahead For The Electric Vehicle Charging Industry

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    This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Retailers Must Be Mindful Of Sale Ads As Class Actions Rise

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    A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

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