California

  • February 26, 2024

    BofA Battle Will Test Preemption's Reach At High Court

    The U.S. Supreme Court is set Tuesday to consider whether federal law exempts national banks from state-level escrow interest requirements, a case whose technical-sounding focus belies its hefty implications for the balance of federal and state regulatory power over many of the nation's big banks.

  • February 26, 2024

    Latham, Jackson Walker Avoid Sanctions Over Sorrento Venue

    A Texas bankruptcy judge declined to level sanctions against Latham & Watkins LLP and Jackson Walker LLP for trying to establish Texas jurisdiction for California-based Sorrento Therapeutics Inc. in its Chapter 11 bankruptcy, finding that their conduct did not amount to bankruptcy fraud.

  • February 26, 2024

    Google Judge Rips $700M Antitrust Deal: 'It's Not Great'

    A California federal judge lambasted a $700 million deal that consumers and state attorneys general struck with Google blocking antitrust claims related to Android apps and the Play Store for 127 million consumers for the next seven years, saying Monday he's "never granted prospective relief" and that plaintiffs "folded" with "four aces."

  • February 26, 2024

    'This Isn't A Game': Pro Se Ex-Law Student Schooled At Trial

    A California federal judge overseeing a disability discrimination trial brought by a former student at John F. Kennedy College of Law scolded the pro se litigant Monday after he protested not being able to cross-examine witnesses in writing, saying court rules had to be followed and "this isn't a game."

  • February 26, 2024

    Feds Want PacifiCorp To Cover $1B Ore., Calif. Wildfire Costs

    PacifiCorp revealed in a U.S. Securities and Exchange Commission filing Monday that the U.S. Department of Justice is potentially looking to collect more than $1 billion from the company to cover costs related to 2020 wildfires in Oregon and California, even threatening to take one matter to court.

  • February 26, 2024

    Altria Unit Drops Suit Against Dozens Of Vape Makers

    Altria Group Inc. subsidiary NJOY has quietly dropped a California federal lawsuit accusing more than 30 vape product makers of breaking state and federal laws by selling flavored tobacco products that are forbidden in the Golden State.

  • February 26, 2024

    Live Nation Can't Cancel Suit Over Eras Tour Sales Meltdown

    A California federal judge refused Friday to end a proposed securities class action alleging Live Nation made misleading statements about its operations when news of alleged anticompetitive practices with Ticketmaster caused stock prices to drop, finding the suit describes "a materially different state of affairs" than what Live Nation claimed.

  • February 26, 2024

    AmEx Fights To Arbitrate Merchant's Girardi-Linked Suit

    An attorney for American Express Co. urged a California federal judge on Monday to reconsider his tentative ruling declining to force a costume merchant to arbitrate malicious prosecution claims over charges disputed by Erika Girardi, saying the agreement in question applies to the merchant and not just his company.

  • February 26, 2024

    Sales Reps Score $1.6M In Fees After Beating RICO Case

    A federal judge in Los Angeles has ordered a biotech startup to pay more than $1.6 million in legal fees to two former employees, after the company failed to convince a jury that the pair broke racketeering laws when they worked for a rival that stole proprietary information when setting up shop.

  • February 26, 2024

    Bayer Beats Flintstone Vitamin Buyers' Cert. Bid, For Now

    A California federal judge has refused to certify a class of consumers claiming that Bayer's Flintstones multivitamin gummies are falsely labeled as "complete," ruling that their named plaintiff isn't an adequate class representative, but giving consumers a chance to select a new named plaintiff and try again.

  • February 26, 2024

    Intel Calls VLSI 'Desperate' In Fight Over License Defense

    Intel and VLSI are continuing to escalate their multivenue dispute over how to decide whether Intel already has a license to VLSI's patents, with the tech company telling the Federal Circuit the patent owner is "desperate to avoid" a California trial, and VLSI saying that trial "would be an enormous waste of party and judicial resources."

  • February 26, 2024

    Ex-Glass Co. CFO Can't Beat SEC's Accounting Fraud Suit

    A California federal judge said Monday that a former officer of a "smart" glassmaker will have to face the U.S. Securities and Exchange Commission's allegations that he defrauded investors by failing to tell them about certain liabilities the company faced before it merged with a blank-check company.

  • February 26, 2024

    Apple Antitrust Class Action Gets Early 2026 Trial Date

    A California federal judge on Monday set trial in a high-stakes consumer class action antitrust fight over Apple's App Store policies for February 2026, but refused to weigh in on Apple's request to pause certain discovery while the tech giant appeals the judge's recent class certification decision.

  • February 26, 2024

    MLB.tv Illegally Shares Users' Info With Facebook, Suit Says

    Major League Baseball Advanced Media LP violates the privacy rights of MLB.tv subscribers by secretly monitoring their video viewing activities and sharing that and other personal information with Facebook without permission, according to a putative class action filed Monday in New York federal court.

  • February 26, 2024

    Nestle Fights Class Cert. In Child Labor Labeling Suit

    Nestle USA Inc. urged a California federal judge on Friday to reject a shopper's bid to certify multiple classes of Golden State consumers challenging the company's "sustainably sourced" chocolate labels, arguing that the proposed classes can't "lump together" nearly 60 different labels on different products.

  • February 26, 2024

    Ex-Bank CFO Cops To $700K Theft And Life Insurance Scam

    An ex-Eastern International Bank chief financial officer has pled guilty to defrauding the bank out of more than $700,000 to pay his personal expenses, and he admitted to opening life insurance policies in the names of bank employees to benefit his wife, according to the U.S. Department of Justice.

  • February 26, 2024

    9th Circ. Revives Horse Owner's Civil Rights Suit Over Name

    The Ninth Circuit on Monday reinstated Jerry Jamgotchian's constitutional challenge against the California Horse Racing Board's decision refusing to let his horse Malpractice Meuser compete in a race in 2022, noting that the board's decision didn't block Jamgotchian from pursuing constitutional claims in federal court since the board lacked jurisdiction to decide such claims.

  • February 26, 2024

    SoCal Edison Will Pay 'Record' $80M To End Thomas Fire Suit

    Southern California Edison Co. has agreed to shell out $80 million to resolve a lawsuit in California federal court alleging the utility company caused the 2017 Thomas Fire that scorched large sections of the Los Padres National Forest, the U.S. Department of Justice announced on Monday.

  • February 26, 2024

    Ponzi Schemer To Be Resentenced After High Court Ruling

    A man who pled guilty to running a Ponzi scheme that targeted elderly victims will be resentenced after prosecutors agreed to dismiss an aggravated identity theft count following a U.S. Supreme Court ruling that narrowed the type of conduct that triggers the identity theft statute.

  • February 26, 2024

    Wood Group Prevails In ERISA Fight Over Target-Date Funds

    A California federal judge ruled in favor of an engineering firm and its retirement plan investment manager in a class action from employee 401(k) participants alleging mismanagement, concluding after a nine-day bench trial that a suite of in-house target-date funds offered to retirees were properly selected and monitored.

  • February 26, 2024

    JetBlue, Spirit Tell 1st Circ. $3.8B Deal Is Good For Most Fliers

    JetBlue Airways and Spirit Airlines told the First Circuit on Monday that a $3.8 billion merger should not have been blocked because the judge who stopped the sale sought to protect a small, hypothetical subset of travelers to the detriment of the vast majority who stand to benefit from the deal.

  • February 26, 2024

    Ex-Workers Fight X's Bid To Toss Sex Bias Suit

    Former X Corp. workers urged a California federal court to keep in play their lawsuit alleging that Elon Musk's takeover of the company formerly known as Twitter caused women to lose their jobs, saying they put forward enough detail to survive the company's motion to dismiss.

  • February 26, 2024

    Two Indicted In $3.9M Fraudulent Business Email Scheme

    The U.S. Department of Justice has announced that a federal grand jury indicted two men for an email conspiracy that duped an asbestos abatement company and a shipping company into depositing about $3.9 million into their own bank accounts instead of the intended.

  • February 26, 2024

    Inmate, 8 Others Charged In Trafficking, Tax Fraud Schemes

    A California prison inmate has been charged along with eight other individuals with operating two separate illegal schemes: one to distribute methamphetamine and another to fraudulently claim over $550 million in COVID-19-based tax credits.

  • February 26, 2024

    Journos Say Feds Can't Delay Contractor Demographic Data

    The Center for Investigative Reporting urged a California federal court not to allow the U.S. Department of Labor to withhold government contractor demographic reports, arguing that any further delays in disclosure would harm the public.

Expert Analysis

  • 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.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • How 3 New Laws Change Calif. Nonprofits' Legal Landscape

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    Legislation that went into effect on Jan. 1 should be welcomed by California’s nonprofit organizations, which may now receive funding more quickly, rectify past noncompliance more easily and have greater access to the states’ security funding program, say Casey Williams and Brett Overby at Liebert Cassidy.

  • Opinion

    9th Circ. Should Overturn The Miles Davis Tattoo Ruling

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    A California district court made several missteps that led to a finding that celebrity artist Kat Von D's Miles Davis tattoo did not infringe copyright, and the Ninth Circuit should overturn the decision because recent U.S. Supreme Court guidance was ignored and the jury did not receive adequate instruction, says Brian Moriarty at Hamilton Brook.

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