California

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Loper Bright Is Shaking Up Dozens Of Regulatory Fights

    In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.

  • July 12, 2024

    Winery Gets $666K Fees After Winning $666K Trademark Row

    An Italian winemaker won $666,214 in fees and postjudgment interest for prevailing against a Napa Valley, California, rival in a trademark dispute over similarly named wines, after a New York federal judge said the case was "exceptional," considering the defendants' continued use of the infringing name even after being sued and agreeing to stop.

  • July 12, 2024

    DHS Says Recent High Court Rulings Doom CBP App Claims

    The U.S. Department of Homeland Security said Friday that a pair of recent U.S. Supreme Court rulings addressing the issue of standing mean that two organizations lack the standing to challenge its requirement that migrants use a smartphone app to submit applications.

  • July 12, 2024

    Ex-Thermo Fisher Worker Fights For 401(k) Forfeiture Suit

    A Thermo Fisher Scientific Inc. retirement plan participant told a California federal judge Friday she has standing to claim the company violated federal benefits law by using forfeited plan money to aid its own contributions instead of slimming expenses, arguments aimed at fending off the company's dismissal bid.

  • July 12, 2024

    9th Circ. Brings Back Boot-Up Pay Claims For 2nd Time

    The Ninth Circuit revived and sent back to lower court a suit seeking pay from a call center for minutes that workers spent booting up their computers before their shifts, ruling it is still disputed whether the preshift work was too brief and administratively difficult to track.

  • July 12, 2024

    Vicor Hit With Short Sellers' Suit Over Partnership Disclosure

    Several short sellers have sued power systems manufacturer Vicor Corp. claiming the company misled the market when it announced it would enter a significant partnership with one of its major customers, but later told investors the partnership would never come to fruition, damaging short sellers.

  • July 12, 2024

    'Vanderpump' Star Fails 'Richard Simmons' Test, Judge Says

    A California judge has declined to toss revenge porn claims against Ariana Madix brought by her former "Vanderpump Rules" co-star Rachel Leviss, finding the alleged behavior is not protected by the First Amendment because it is illegal, just as when a tabloid placed a GPS tracker on Richard Simmons' car.

  • July 12, 2024

    Tire Cos. Can't Pause Fish-Harming Chemical Suit

    A California federal judge rejected a group of tire companies' efforts to stay an Endangered Species Act suit accusing the companies of killing fish on the West Coast with their use of a rubber additive, saying that waiting for a U.S. Environmental Protection Agency rulemaking on the additive "makes little sense."

  • July 12, 2024

    Delta Slams Flyers' Facebook Data Sharing Class Action

    Delta Air Lines has asked a California federal judge to dump a proposed class action alleging it unlawfully shared customers' sensitive personal data with Meta's Facebook through online tracking tools embedded in its website, saying its contract of carriage clearly discloses its digital advertising practices.

  • July 12, 2024

    Judge Questions Zuckerberg's Bid To Dodge Liability In MDL

    A California federal judge voiced doubt Friday about Meta CEO Mark Zuckerberg's arguments for axing corporate-officer liability claims from multidistrict litigation over the allegedly addictive designs of social media, saying that while many CEOs are hands-off, "it's not clear to me that Mr. Zuckerberg is one of them."

  • July 12, 2024

    Real Estate Recap: Mall Makeovers, Military Land, Fundraising

    Catch up on this week's key developments by state from Law360 Real Estate Authority, including one Big Four retail leader's take on mall potential, the U.S. Treasury's increasing scrutiny of land deals with national security concerns, and a midyear look at private real estate fundraising trends.

  • July 12, 2024

    LA Judge Rebuked For Scolding Litigants, Calling Some 'Pigs'

    A Los Angeles Superior Court judge received public admonishment by the Commission on Judicial Performance on Thursday for making insulting and gratuitous remarks to litigants, which included likening two of them to "pigs in the trough, fighting," comparing a dispute to a "Jerry Springer case" and warning another, "You're lucky you weren't shot."

  • July 12, 2024

    Litigation Funding 'Abuses' Targeted By Federal Lawmakers

    Federal lawmakers are seeking to put the reins on third-party investors bankrolling litigation, with Rep. Darrell Issa, R-Calif., introducing legislation that would require disclosure of third-party financing deals in civil lawsuits, and Rep. James Comer, R-Ky., asking Chief Justice John Roberts on Friday to have the Judicial Conference review the practice.

  • July 12, 2024

    Saul Ewing Adds Entertainment, Real Estate Litigator In LA

    Saul Ewing LLP has added as a partner in its Los Angeles office a trial attorney with a nearly 30-year track record of representing public and private companies, along with executives and investors in entertainment and real estate disputes.

  • July 12, 2024

    First Republic Settles $7M Scholarship Fund Loss Suit

    A philanthropist couple have reached an agreement to resolve their $7 million breach of fiduciary duty allegations against the now-failed First Republic Bank, telling a California federal judge that they reached a deal during a private mediation session.

  • July 11, 2024

    Vanderpump's Madix Targets 'Scandoval' Revenge Porn Suit

    Counsel for "Vanderpump Rules" star Ariana Madix on Thursday urged a Los Angeles judge to toss revenge porn and other claims brought by former co-star Rachel Leviss, saying Madix was protected by free speech laws when she sent Leviss sexually explicit videos of Leviss.

  • July 11, 2024

    Calif. Tribe Seeks $8.2M For Cultural Site Destruction

    The Quechan Indian Tribe is asking a California federal judge to award it $8.2 million after the court found that a federal government construction project to replace poles for 9 miles of transmission lines damaged 10 cultural and sacred archaeological sites on the tribe's reservation.

  • July 11, 2024

    TikTok's Bid For Users' Device Data Found Overbroad

    A California federal magistrate judge overseeing discovery in multidistrict litigation over claims that social media is addictive denied TikTok's request Thursday for "full" forensic images of all personal devices bellwether plaintiffs used to access its platform, telling defense counsel that he's concerned about the "overbreadth" of the request and privacy issues.

  • July 11, 2024

    Kroger Asks To Delay At Least Part Of FTC Challenge

    Kroger and Albertsons are asking an administrative law judge from the Federal Trade Commission to pause the evidentiary portion of the agency's in-house case against the supermarket giants' merger, saying the companies are facing too many overlapping cases in different venues to adequately prepare and present their case.

  • July 11, 2024

    Apple Ducks iPhone Web App Antitrust Suit, For Now

    Consumers will have to rejigger their proposed antitrust class action alleging Apple anticompetitively prevents iPhones from running web-based apps that don't need to be downloaded, after a California federal judge said Thursday that they've failed to show a conspiracy or connect the dots from company rules to customer injury.

  • July 11, 2024

    SF Fed Sues Troubled PPP Lender, Founder For Nearly $67M

    The San Francisco arm of the Federal Reserve has sued one of the largest Paycheck Protection Program lenders in Puerto Rico federal court seeking to recover nearly $67 million, alleging the lender has defaulted on the terms of roughly $4.3 billion in credit it advanced for PPP loans.

  • July 11, 2024

    Calif. Nabs $50M Deal With Oil Traders In Gas Price-Rigging Suit

    California secured a $50 million settlement with oil trading companies Vitol and SK Energy, resolving allegations that the companies schemed to artificially inflate gas prices in the Golden State after an Exxon Mobil Corp. refinery exploded in 2015, California's attorney general announced Wednesday.

  • July 11, 2024

    IP Forecast: Napa Winery's Ex-Atty Wants Another Trial

    A Texas lawyer plans to tell an appeals court why he should receive another trial in a trademark case from a Napa Valley winery, a former client that he claims sold off a "wildly successful California cult wine" out from under him.

  • July 11, 2024

    Property Owner Says Insurer Must Cover $7.4M Arbitral Award

    An AmTrust unit must cover a $7.4 million arbitration award issued against a general contractor and in favor of a Beverly Hills property owner that were both insured under the same policy, the owner told a California federal court, saying the insurer has unreasonably failed to provide policy benefits.

Expert Analysis

  • California Adds A Novel Twist To State Suits Against Big Oil

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    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.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    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.

  • Why Justices Should Rule On FAA's Commerce Exception

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    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.

  • Tricky Venue Issues Persist In Fortenberry Prosecution Redo

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    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.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    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.

  • Opinion

    'Trump Too Small' Ruling Overlooks TM Registration Issues

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    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.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    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.

  • 6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth

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    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.

  • Navigating The New Rise Of Greenwashing Litigation

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    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.

  • In Memoriam: The Modern Administrative State

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    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.

  • Expect The Unexpected: Contracts For Underground Projects

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    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.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Calif. Ruling Heightens Medical Product Maker Liability

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    The California Supreme Court's decision in Himes v. Somatics last month articulates a new causation standard for medical product manufacturer liability that may lead to stronger product disclosures nationwide and greater friction between manufacturers and physicians, say attorneys at Cooley.

  • Constitutional Protections For Cannabis Companies Are Hazy

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    Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

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