California

  • May 24, 2024

    Real Estate Authority: Adaptive Reuse, Climate Risk, SFR

    Catch up on this week's key developments by state from Law360 Real Estate Authority — including one BigLaw real estate leader's take on adaptive reuse, the enduring risk of climate change for public companies, and the latest industry player perspectives on the single-family rental market.

  • May 24, 2024

    Top Senate Banking Dem Presses DoorDash On Biz Advances

    Food ordering and delivery platform DoorDash has come under fire from the chair of the U.S. Senate's banking committee over merchant cash advance products offered on its platform, with the lawmaker saying the typically high costs of such offerings bear "a troubling similarity to payday lending practices."

  • May 24, 2024

    Contractor Entitled To Share In Navy Savings, Board Rules

    The U.S. Navy must share with a construction contractor savings resulting from the contractor's changes to a design-build task order, after the Armed Services Board of Contract Appeals ruled the Navy constructively accepted the contractor's proposal for the money-saving changes.

  • May 24, 2024

    Electric Car Co. Execs Hid Supply Issues, New Suit Claims

    A shareholder of ChargePoint Holdings Inc. alleged Friday that current and former officers and directors of the electric vehicle charging station company misrepresented the company's business prospects and failed to disclose supply overruns for charging products, causing a stock drop when the truth was finally revealed.

  • May 24, 2024

    Red States Target Blue States In Push To End Climate Torts

    A novel red-state request that the U.S. Supreme Court nix climate change torts brought by state governments against fossil fuel companies can be seen as an attempt to urge the justices not to pass up another opportunity to weigh in on the issue, legal experts told Law360.

  • May 24, 2024

    9th Circ. Says H-2A Employers Must Pay Highest Wages

    The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because the previous harvest season is over.

  • May 24, 2024

    Airline Worker Terrorized 'Countless' Passengers, Suit Says

    A California man with ties to American Airlines gained access to the private information of regional airline passengers and embarked on a monthslong campaign of harassing them, according to a lawsuit in federal court with 15 plaintiffs.

  • May 24, 2024

    Petition Watch: Forum Shopping, Monopolies & Gun Safety

    Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.

  • May 24, 2024

    CVS Hit With PAGA Suit Alleging OT, Records Violations

    CVS Pharmacy Inc. regularly requires employees to work overtime due to understaffing and unreasonably high workloads without appropriately compensating them, and the company alters records by clocking employees out to make it seem it is complying with labor laws, according to a lawsuit filed Thursday in California state court.

  • May 24, 2024

    Green Groups Lose In California Fish Protection Lawsuit

    The federal government properly considered the needs of fish protected under the Endangered Species Act when it approved water supply contracts for California's Central Valley Project, the Ninth Circuit said in a ruling rejecting environmental groups' claims to the contrary.

  • May 24, 2024

    'Vanderpump Rules' Star Can't Cancel 'Scandoval' Claims

    A California judge ruled Friday that "Vanderpump Rules" star Tom Sandoval cannot escape all claims in a suit by former co-star Rachel Leviss alleging he secretly recorded sexually explicit videos she sent him, leading to the show's "Scandoval" cheating scandal, dismissing one claim but allowing Leviss to amend the complaint.

  • May 24, 2024

    Realtors Want Case Over 'Cooperation' Rule To Stay Dismissed

    The National Association of Realtors urged a California federal court Thursday not to reconsider dismissing a case targeting rules that prevent real estate agents from listing properties outside their affiliated networks, after the case took a trip to the Ninth Circuit.

  • May 24, 2024

    Xponential Fitness Sues Ex-CEO In Del. To Avoid Calif. Court

    Fitness brand franchiser Xponential Fitness Inc. sued its recently resigned CEO in Delaware Chancery Court Friday, asking the court to find that the First State's laws, not California's, govern a dispute over the former CEO's right to inspect the company's books and records.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    Off The Bench: NCAA Settles House NIL Class Action

    In this week’s Off the Bench, the NCAA settles its court dispute with hundreds of thousands of athletes over name, image and likeness compensation, NFL rookie Marvin Harrison Jr. is taken to court over an endorsement contract, and former Super Bowl champion Antonio Brown’s post-career life is burdened further by bankruptcy. If you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • May 24, 2024

    9th Circ. Lets Hearsay Issue Slide In Unlawful Crossing Case

    The Ninth Circuit affirmed a Mexican man's conviction for trying to enter the U.S. unlawfully, saying that while a lower court should've weighed whether a border agent's translated statements should be attributed to the man, any resulting error was harmless.

  • May 24, 2024

    Feds' Probe Into Waymo Self-Driving Car Finds More Incidents

    The U.S. auto safety regulator has said it found nine additional incidents of Waymo LLC autonomous vehicles exhibiting "unexpected driving behaviors" and has asked the company for more information as part of a new investigation.

  • May 24, 2024

    Calif. Judge Gets 2nd Reprimand After Calling Atty 'Snake Oil'

    For the second time in his judicial career, a California state judge has been publicly admonished for misconduct on the bench, most recently for referring to a public defender as "snake oil" in a criminal case and for "usurping the role of prosecutor" in another trial that was later overturned because of the judge's conduct.

  • May 24, 2024

    NLRB Wants 2nd SpaceX Suit Paused Amid Venue Fight

    The National Labor Relations Board asked a Texas federal judge to pause SpaceX's second challenge to the agency's constitutionality while another federal court deals with a persistent venue dispute in an earlier, nearly identical suit.

  • May 24, 2024

    CFPB Will Ask DC Circ. To Rescue Rule Challenged By PayPal

    The Consumer Financial Protection Bureau said Friday it will appeal a Washington, D.C., federal judge's recent decision that sided with payments giant PayPal in its lawsuit challenging the agency's extension of certain prepaid card regulations to digital wallets.

  • May 24, 2024

    Wells Fargo Opposes Class Cert. In Race Lending Bias Suit

    Wells Fargo urged a California federal judge to reject a class certification request from a group of plaintiffs claiming the bank offered non-white borrowers loans with higher interest rates and worse terms, while also applying more scrutiny to their applications.

  • May 24, 2024

    Nixon Peabody Adds Littler Duo As OSHA Practice Chairs

    Nixon Peabody LLP has brought on a pair of Littler Mendelson PC attorneys who previously worked in California's Occupational Safety & Health division as practice co-chairs.

  • May 24, 2024

    DraftKings' Noncompete Win Shuns Calif. Law, 1st Circ. Told

    A former DraftKings Inc. executive who was blocked from taking a job in Los Angeles at rival sportsbook Fanatics told the First Circuit that a Massachusetts federal judge should have applied a worker-friendly California law to the trade secrets spat.

  • May 24, 2024

    Big Win For Activist As Full Gildan Activewear Board Resigns

    The entire board of apparel company Gildan Activewear Inc., including its president and CEO Vince Tyra, have all resigned from the company after months of facing pressure from activist investor Browning West.

  • May 24, 2024

    CBS Says 1st Amendment Dooms White Writer's Bias Suit

    CBS said a California federal judge should toss a straight white male worker's bias suit claiming he was passed over for writer roles in favor of more diverse candidates, arguing that the First Amendment allows it to tap writers based on their identity as a storytelling operation.

Expert Analysis

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

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    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • Key Lessons From Recent Insurance Policy Reform Litigation

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    A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.

  • Patent Lessons From 4 Federal Circuit Reversals In April

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    Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • What The FTC Report On AG Collabs Means For Cos.

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    The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 3 Employer Lessons From NLRB's Complaint Against SpaceX

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    Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.

  • Lessons On Challenging Class Plaintiffs' Expert Testimony

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    In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Airlines Must Prepare For State AG Investigations

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    A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Opinion

    Climate Change Shouldn't Be Litigated Under State Laws

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    The U.S. Supreme Court should reverse the Hawaii Supreme Court's October decision in Honolulu v. Sunoco that Hawaii could apply state law to emissions generated outside the state, because it would lead to a barrage of cases seeking to resolve a worldwide problem according to 50 different variations of state law, says Andrew Ketterer at Ketterer & Ketterer.

  • Measuring Early Impact Of Rule 702 Changes On Patent Cases

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    Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.

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