California

  • February 14, 2024

    9th Circ. Open To Rebooting Suit Over Apple App Crypto Theft

    A Ninth Circuit panel appeared open Wednesday to reviving a putative class action alleging Apple misrepresented the safety of its App Store after users' cryptocurrency was stolen from an app, with two judges questioning why the allegations can't survive when Apple has consistently touted its security in separate antitrust litigation.

  • February 14, 2024

    ​​​​​​​Google's Use Of User Data Quotas Draws 9th Circ. Analogies

    A Ninth Circuit panel Wednesday struggled to find an apt analogy for a property claim made by Android users alleging in a proposed class action that Google illegally uses their purchased data allotments to transmit information back to the company, comparing the intangible data to electricity or an annuity, among other hypotheticals.

  • February 14, 2024

    'Addictive' Tinder, Hinge Apps Break Hearts, V-Day Suit Says

    Match Group intentionally designs its Tinder and Hinge dating apps to be addictive in order to lock users into a "perpetual pay-to-play loop," prioritizing profits over its marketing promises of helping people make romantic connections, according to a proposed class action filed in California federal court on Valentine's Day.

  • February 14, 2024

    Legal Org. Backs Lyft In Supreme Court PAGA Fight

    Representative and individual claims brought under California's Private Attorneys General Act are inseparable when it comes to arbitration, a legal organization told the U.S. Supreme Court on Wednesday, backing Lyft's challenge to a California state appellate court's decision preserving a former driver's representative claims.

  • February 14, 2024

    9th Circ. Skeptical Of Basis For LA's Pollution Coverage Args

    The Ninth Circuit appeared reluctant Wednesday to revive the City of Los Angeles' bid for environmental contamination coverage from a defunct boat repair company's insurers, probing the city's counsel on whether his arguments for coverage were at odds with the underlying factual record.

  • February 14, 2024

    San Francisco's Ankle Monitor Rules Put On Hold

    A federal judge in California has halted the San Francisco Sheriff's Office from enforcing rules that forced criminal defendants released pretrial under electronic monitoring to agree to be subjected to warrantless and suspicionless searches at any time and allow their GPS data to be shared among law enforcement agencies, court documents show.

  • February 14, 2024

    Judge Keeps FCA Case Against Kaiser Permanente Alive

    A California federal judge on Wednesday kept alive key parts of a False Claims Act lawsuit brought by a former Kaiser Permanente compliance officer-turned-whistleblower alleging the large healthcare group schemed to defraud the federal government by inflating its Medicare capitation rates.

  • February 14, 2024

    Trucking Groups Score Win In Ocean Carriers FMC Dispute

    The Federal Maritime Commission has said that ocean carriers flouted U.S. law by requiring trucking companies to only use specific chassis providers to haul container cargo from certain ports in California, Illinois, Georgia and Tennessee, in a dispute related to pandemic-era supply chain logjams.

  • February 14, 2024

    Google 'Lockbox' Program Hid App Tracking, 9th Circ. Told

    Counsel for a group of Android phone users urged the Ninth Circuit on Wednesday to revive a proposed class action alleging that Google's "Lockbox" program secretly collected information about Android owners' non-Google app use, saying the tech giant's privacy policy on the data collection was ambiguous at best.

  • February 14, 2024

    NYC Sues Facebook, Social Media Cos. Over Teen Addiction

    New York City on Wednesday became the latest government entity to accuse social media giants such as Facebook, TikTok and YouTube of purposefully hooking youth on their platforms and driving a mental health care crisis by designing their apps to mimic gambling and tobacco industry tactics in a California state court suit.

  • February 14, 2024

    Capital One Accused Of Hiding Savings Account Changes

    Capital One concealed from existing account holders that it offered new customers superior high-yield savings account options while also cutting interest rates on older accounts to reap financial benefits, according to a proposed class action filed Wednesday in California federal court.

  • February 14, 2024

    Google, Apple Users Ask 9th Circ. To Revive Video Data Fight

    Google and Apple consumers urged the Ninth Circuit Wednesday to revive separate proposed class actions alleging that the tech giants violated New York and Minnesota state statutes by unlawfully retaining personally identifiable information collected in connection with video streaming rentals, arguing both statutes create a private right of action.

  • February 14, 2024

    Adagio Medical Goes Public In $128M SPAC Merger

    Adagio Medical, a catheter ablation tech maker, and Arya Sciences, a special purpose acquisition company, said on Wednesday that they would merge, taking the combined company public at a $128 million value, guided by respective legal adviser Reed Smith and Kirkland.

  • February 14, 2024

    Pharma Co. Humanigen Gets OK For Ch. 11 Sale

    Drug researcher Humanigen Inc. can sell nearly all of its assets to a company formed by its CEO, a Delaware bankruptcy judge ruled Wednesday, after the debtor, the buyer and the official committee of unsecured creditors struck a deal resolving objections to the Chapter 11 sale.

  • February 14, 2024

    Phone-Maker Says T-Mobile Can't Hang Up On $100M Suit

    A mobile phone manufacturer suing T-Mobile over a canceled order for nearly 500,000 devices told a Washington federal judge the telecommunications giant is now seeking to escape $100 million in damages by leaning on an unsigned contractual provision.

  • February 14, 2024

    Albright Snubs Plea That Meta Transfer Will Doom EDTX Suits

    Western District of Texas Judge Alan Albright has rejected an oil field equipment supplier's objections to a magistrate judge's ruling that transferred a patent case against Meta from the Lone Star State to California, saying the objections don't have merit.

  • February 14, 2024

    Feds, Power Line Developer Decry Tribes' Suit As 'Too Late'

    The federal government and SunZia Transmission LLC, the developer of a 550-mile power line, urged an Arizona federal judge Tuesday to deny a request from tribes and conservations groups for a preliminary injunction halting the project's construction, saying they waited too long to make their challenge.

  • February 14, 2024

    Breast Implant Co. Wants Ch. 11 Sale Closed In 60 Days

    A Delaware bankruptcy judge granted breast implant manufacturer Sientra preliminary approval Wednesday to tap $22.5 million in Chapter 11 financing and start the process of selling its business within a two-month timetable.

  • February 14, 2024

    French-Door Fridge Buyers Sue Whirlpool Over Broken Panels

    Refrigerator buyers claim Whirlpool Corp. designed its french-door fridges in such a way that causes the front-facing ice and water control panel to become totally useless, often resulting in an expensive repair or the consumer buying a new one, according to a complaint filed in Delaware federal court.

  • February 14, 2024

    Netflix, Hulu Owe Fees Like Cable Cos., Calif. City Argues

    Streaming services such as Netflix and Hulu are using public rights of way in California, which means localities can compel them to pay service provider fees as cable companies do, a California city argued before a state appeals court panel.

  • February 14, 2024

    Fox News' Sorrento Report Takes Center Stage At 9th Circ.

    Counsel for Sorrento Therapeutics Inc. investors urged the Ninth Circuit on Wednesday to revive a securities suit alleging executives made misleading statements to Fox News about its COVID-19 research, prompting one judge to ask whether "you have to take things you hear on Fox News with a grain of salt."

  • February 14, 2024

    Juul Gets More Antitrust Claims To Arbitration

    A California federal judge has sent two more claims against Juul to arbitration and dismissed a request for an injunction to block Altria's already-unwound investment in the company.

  • February 14, 2024

    Musk To Face Severance Fight In Del. Court After Stay Lifted

    A proposed class action claiming workers didn't receive their severance or were fired after Elon Musk acquired Twitter is back on track after a Delaware federal judge lifted a temporary stay Wednesday.

  • February 14, 2024

    GoTV Asks For New Trial, Says Netflix 'Tainted' $2.5M Award

    GoTV Streaming LLC has asked a California court for a new damages trial after a jury found that Netflix owed the company only $2.5 million for infringing its wireless patent, arguing that Netflix misled the court and showed the jury evidence that artificially suppressed the award amount.

  • February 14, 2024

    TMZ Ordered To Pay $300K In Atty Fees Over Bus Tour Case

    A California federal judge on Monday ordered TMZ to reimburse a Hollywood bus tour operator almost $300,000 in attorney fees after the operator convinced the court to vacate an arbitration award favoring the celebrity news provider based on an arbitrator's failure to disclose relevant information.

Expert Analysis

  • How State AGs Process And Prioritize Consumer Complaints

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    Recent state attorneys general actions illustrate how their offices triage, monitor and respond to consumer complaints — and why businesses need to be proactive in addressing these issues as they arise, say Meghan Stoppel and Hannah Cornett Land at Cozen O'Connor.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • 5 Trends That Will Affect Food Litigation In 2024

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    In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.

  • 10 Issues To Watch As ESG Remains Alive And Well In 2024

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    Practitioners and stakeholders should watch a number of key environmental, social and corporate governance issues in the new year, including court rulings and comprehensive research, as the data shows ESG is here to stay, says Heidi Friedman at Thompson Hine.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • 10 Privacy Compliance Areas To Focus On In 2024

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    The fast pace of change in the cybersecurity realm means reactive approaches to new laws, regulations and enforcement actions are not effective ways to build or scale privacy programs, so companies should plan strategically and prepare for a few emerging risks and requirements in the first half of this year, says Sam Castic at Hintze Law.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • 9th Circ. Scienter Ruling May Strengthen FDA's Leverage

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    A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Opinion

    Why Challenges To FTC Authority Are Needed

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    In spite of skepticism from courts, the Federal Trade Commission continues to advance novel legal theories — and Meta's recent federal suit against the agency over its alleged "structurally unconstitutional" administrative proceedings is arguably an expression of backlash to regulatory overreach, says Daniel Gilman at the International Center for Law & Economics.

  • The Key Laws Retailers Should Pay Attention To In 2024

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    2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

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