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California
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July 24, 2025
'May The Flow Be With You': Meta Team Made Menstrual Jokes
A Meta legal vice president defending the company in a California federal trial over allegations it illegally gathers users' data from menstrual-tracking app Flo acknowledged Thursday that members of Meta's communications team made "inappropriate" menstruation-related jokes while discussing the issue, with one employee telling another: "May the flow be with you."
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July 24, 2025
NJ Atty To Pay SEC Fine Over Alleged Prime Bank Fraud Role
A New Jersey attorney and a California man will pay the U.S. Securities and Exchange Commission a total of $134,000 as part of agreements to resolve the regulator's allegations they helped bilk an older couple out of over $150,000 through a so-called prime bank scheme.Â
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July 24, 2025
Phillips 66's $12.5M Class Wage Deal Gets 1st OK In Calif.
A class of about 1,750 current and former Phillips 66 employees working at its San Francisco and Los Angeles refineries received preliminary approval by a California federal judge Thursday of a $12.5 million settlement resolving allegations they weren't given breaks or compensated for donning and doffing personal protective equipment off-the-clock.
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July 24, 2025
Genentech Seeks Win After $122M Biogen Royalties Mistrial
Genentech Inc. urged a California federal court Wednesday to rule that Biogen MA Inc. owes $122 million in patent royalties and interest under the "only coherent construction" of their licensing deal, in a rare post-mistrial arrangement that will see the judge step in to deliver the verdict.
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July 24, 2025
Split 9th Circ. Affirms Block Of Calif. Ammunition Regulation
A split Ninth Circuit panel Thursday affirmed a lower court's finding that California can't require gun owners to undergo background checks before buying ammunition, ruling that the law runs afoul of the Second Amendment in light of the U.S. Supreme Court's 2022 ruling in Bruen.
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July 24, 2025
Roblox Wants To Escape Suit Alleging It Tracked Kids' Data
A lawsuit accusing Roblox of harvesting users' personal data despite knowing many of them are under the age of 13 is an attempt to distort and weaponize privacy statutes, the online gaming platform has told a California federal judge in a bid to have the case dismissed.
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July 24, 2025
Feds Say 9th Circ. Order Supports Nixing Delay Of TPS End
The U.S. Department of Justice told the Ninth Circuit it can hear an immediate appeal of a district court's decision postponing the Trump administration's termination of temporary protected status for Venezuelans, citing a recent decision from the appeals court narrowing an injunction in a separate case.
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July 24, 2025
DOJ Sentence Ask In Breonna Taylor Case Shows Policy Shift
Although the request by top U.S. Department of Justice officials seeking a one-day sentence for a former Louisville police officer who participated in the raid that led to Breonna Taylor's death wasn't heeded, former federal prosecutors and defense attorneys say a government request to downgrade a sentence is unusual, but likely to recur in politically relevant matters.
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July 24, 2025
9th Circ. Urged Not To Let $1.3B India Award Suit Drag On
Weeks after the U.S. Supreme Court overturned an outlier Ninth Circuit decision refusing to enforce a $1.3 billion arbitral award against India, an Indian satellite communications company's shareholders are now urging the circuit court to minimize or nix briefing on issues left open by the justices.
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July 24, 2025
IRS Can Levy Religious Group's Property, Split 9th Circ. Says
The IRS can impose a lien on an Arizona residential property held by a religious organization to collect unpaid taxes owed by a bankrupt couple who had decision-making authority over the entity's finances and bank account, a divided Ninth Circuit ruled Thursday.
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July 24, 2025
Intel Secures Final Toss Of Investor Suit Over Chip Struggles
A California federal judge has permanently tossed a twice-amended complaint from Intel Corp. investors that alleged the company concealed struggles with expanding its domestic computer chip manufacturing, saying the investors failed to properly plead that any of the suit's challenged statements were false or misleading.
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July 24, 2025
Tesla Faces EDTX Suit Alleging Vehicles Infringe Patents
Tesla has been hit with a lawsuit in Texas federal court accusing the automotive company of infringing a series of patents related to ways to train autonomous vehicles with its models, including the Cybertruck.
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July 24, 2025
Green Groups Cleared To Join EV Funding Freeze Challenge
A Washington federal judge will let the Sierra Club and other environmental organizations enter a multistate lawsuit against the federal government seeking to preserve funding for new electric-vehicle charging infrastructure, concluding the groups have a significant interest in protecting the project funds. Â
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July 24, 2025
FTC May Join Intuitive Surgical Antitrust Appeal
The Federal Trade Commission has asked the Ninth Circuit for extra time to decide if it will weigh in on a $140 million antitrust appeal involving Intuitive Surgical's da Vinci robot.
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July 24, 2025
Pandora Should Beat Comedians' IP Suit, Special Master Says
A special master has recommended that a California federal judge hand Pandora Media a summary-judgment win in high-stakes copyright infringement litigation by a group of comedians who allege the streaming service lacked licenses for the underlying jokes in their comedy routines, finding that the comedians waited too long to sue.
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July 24, 2025
Swimmers Cut Deal In Antitrust Case Against Governing Body
Professional swimmers have reached a settlement ending their claims accusing the sport's international governing body of organizing a group boycott against an upstart league, while the league's antitrust claims against the governing body remain set for a January trial.
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July 24, 2025
FedArb CEO Takes Full Ownership Of ADR Service
California-based alternative dispute resolution service Federal Arbitration Inc. has announced a change in ownership, as its current CEO has bought out the other partners.
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July 24, 2025
Ex-Calif. Judge Says 'Trying To Do Too Much' Led To Backlog
A former California state appellate justice said health problems and a strong work ethic harmed his ability to handle his caseload quickly, leading to delays in hundreds of cases that precipitated ethics charges, telling a watchdog he "can only be faulted for trying to do too much under the circumstances."
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July 24, 2025
Victim Takes Stand, Tells Of Girlfriend Killed In Tesla Crash
A woman killed in a 2019 Florida Keys crash was "just a light" who brought joy to everyone she met, her boyfriend told jurors Thursday in a trial over whether Tesla's autopilot system is to blame for the crash.
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July 24, 2025
Alston & Bird Expands West Coast Reach With LA Funds Atty
Alston & Bird LLP has hired a former Greenberg Traurig LLP shareholder with in-house investment firm experience as an investment funds partner in Los Angeles.
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July 24, 2025
Seyfarth Shaw Employment Atty Jumps To Akerman In LA
Akerman LLP is boosting its employment team, bringing in a Seyfarth Shaw LLP class action litigator as a partner in its Los Angeles office.
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July 23, 2025
9th Circ. Upholds Birthright Citizenship EO Injunction
The Ninth Circuit on Wednesday affirmed a lower court's preliminary injunction blocking President Donald Trump's executive order limiting birthright citizenship in a legal challenge by four states, ruling in a published opinion that Trump's order contradicts the "plain language" of the 14th Amendment's citizenship clause.
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July 23, 2025
Deleted Data, Juror DQ Heat Up Tesla Fatal Crash Trial
A Tesla software engineer had no explanation for how autopilot data about a fatal Florida Keys crash was permanently deleted or moved, in a deposition shown to jurors Wednesday that capped off two days of trial that also saw a juror removed over social media posts about Tesla CEO Elon Musk.
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July 23, 2025
Navy Federal Inks $1.7M Deal Over Rejected Fraud Claims
Customers of Navy Federal Credit Union have asked a California judge to give an initial nod to a proposed $1.7 million deal ending class action claims the credit union "mechanically" rejected fraud claims after they saw accounts drained of funds by unauthorized users.
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July 23, 2025
Meta Grabs Menstrual App Users' Data For Ads, Jury Told
Meta collected sensitive medical information using the Flo Health menstrual cycle app and used that information to sell targeted ads, a computer security expert told a California jury Wednesday in a multibillion-dollar privacy class action brought on behalf of 13 million women.
Expert Analysis
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What 9th Circ. Ruling Shows About Rebutting SEC Comments
The Ninth Circuit's June opinion in Pino v. Cardone Capital suggests that a company's lack of pushback to a U.S. Securities and Exchange Commission comment may be evidence of its state of mind for evaluating potential liability, meaning companies should consider including additional disclosure in SEC response letters, say attorneys at Barnes & Thornburg.
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Business Takeaways Following CCPA Enforcement Actions
Advisories and recent enforcement activity by the California Privacy Protection Agency against Honda and Todd Snyder underscore the agency's enforcement interest in the intersection of data minimization and consumer rights, and could make it more challenging for a business to provide a streamlined consumer rights process, say attorneys at Covington.
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Compliance Lessons From 1st-Ever Product Safety Sentences
A California federal judge’s recent sentencing of two former Gree USA executives in a landmark Consumer Product Safety Act case serves as a reminder of the federal government’s willingness to pursue criminal prosecution of individuals who fail to report safety hazards, as well as companies’ need to strengthen their reporting and compliance programs, say attorneys at Cooley.
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9th Circ. Decisions Help Clarify Scope Of Legal Lab Marketing
Two Ninth Circuit decisions last week provide a welcome development in clarifying the line between laboratories' legal marketing efforts and undue influence that violates the Eliminating Kickbacks in Recovery Act, and offer useful guidance for labs seeking to mitigate enforcement risk, says Joshua Robbins at Buchalter.
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Feds' Shift On Reputational Risk Raises Questions For Banks
While banking regulators' recent retreat from reputational risk narrows the scope of federal oversight in some respects, it also raises practical questions about consistency, reputational management and the evolving political landscape surrounding financial services, say attorneys at Smith Anderson.
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What 9th Circ. Cracker Barrel Ruling Means For FLSA Cert.
The Ninth Circuit's decision in Harrington v. Cracker Barrel suggests a settling of two procedural trends in Fair Labor Standards Act jurisprudence — when to issue notice and where nationwide collectives can be filed — rather than deepening circuit splits, says Rebecca Ojserkis at Cohen Milstein.
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Defense Lessons From Freshworks' Win In Post-IPO Case
A California federal court’s recent decision to grant Freshworks’ summary judgment bid in a proposed investor class action helpfully clarifies two important points for defendants facing postoffering securities claims under Section 11 of the Securities Act, say attorneys at Paul Weiss.
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'Loss' Policy Definition Is Key For Noncash Settlements
A recent Delaware decision in AMC Entertainment v. XL Specialty Insurance, holding that the definition of loss includes noncash settlement payments, is important to note for policyholders considering other settlement options — like two other class actions that recently settled for vouchers, say attorneys at Reed Smith.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Tips For Business Users After 2 Key AI Copyright Decisions
Because two recent artificial intelligence copyright decisions from the Northern District of California — Bartz v. Anthropic and Kadrey v. Meta — came out mostly in favor of the developers using the plaintiffs' works to train large language models, business users should proceed with care, says Chris Wlach at Acxiom.
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Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty
The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Copyright Takeaways From 2 Calif. GenAI Rulings
Two California federal court decisions suggest that the fair use defense may protect generative artificial intelligence output, but given the ongoing war between copyright holders and AI platforms, developers should still consider taking steps to reduce legal risk, says Lincoln Essig at Knobbe Martens.
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Challenging A Class Representative's Adequacy And Typicality
Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.
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9th Circ. Customs Ruling A Limited Win For FCA Plaintiffs
While the decision last month in Island Industries v. Sigma may be welcome news for False Claims Act relators, under binding precedent courts within the Ninth Circuit still do not have jurisdiction to adjudicate customs-based FCA claims pursued by the government, say attorneys at Morgan Lewis.