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California
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October 03, 2025
Trump Admin Hit With Suit Over $100K H-1B Fees
Several groups sued Friday in California federal court to block the Trump administration's recent action slapping on a $100,000 fee for H-1B visas, saying the new price tag was unconstitutionally ordered and will hurt more than just America's tech industry.
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October 03, 2025
OpenAI Looks To Ditch XAI's Trade Secrets Theft Suit
OpenAI Inc. has written off a suit from xAI accusing it of poaching employees in order to steal trade secrets as another attempt by Elon Musk to disrupt OpenAI's efforts to create artificial intelligence that benefits humanity, adding that employees were leaving Musk's company of their own volition.
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October 03, 2025
Justices To Mull Hawaii's 'Vampire Law' For Concealed Carry
The U.S. Supreme Court on Friday agreed to hear a challenge to a Hawaii law that bars pistol permit holders from bringing handguns onto private property open to the public without the owner's express permission, similar to policies in other states that critics have characterized as "vampire laws."
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October 03, 2025
Calif. Bar Launches Randomized Client Trust Fund Audits
Attorneys in California should be on the lookout for notifications from the state bar regarding client trust fund compliance reviews, as the organization kicks off a five-week mandatory review program during which a small cross-sample of Golden State lawyers will be asked to open their books.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 03, 2025
Off The Bench: QB Wins In Court, 'Poaching' Feud Heats Up
In this week's Off The Bench, the NCAA's bid to overturn a football player's eligibility falls short, a transgender athlete wants a potential landmark U.S. Supreme Court case stopped, and a $55 million feud between two athletic conferences continues.
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October 03, 2025
Taxation With Representation: Kirkland, Paul Weiss, Cravath
In this week's Taxation With Representation, video game maker Electronic Arts agrees to be acquired by the Saudi Arabia Public Investment Fund, Silver Lake and Affinity Partners; online mortgage giant Rocket closes its acquisition of rival Mr. Cooper Group; and Berkshire Hathaway acquires international energy company Occidental's chemical business.
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October 03, 2025
United Aims To Ground Passengers' 'Window Seat' Suit
United Airlines Inc. is asking a California federal court to throw out a proposed class action from two passengers alleging that the airline misled them by promising window seats, only to give them seats without windows, saying the complaint is preempted entirely by federal law.
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October 02, 2025
Dozens Of Localities Say Feds Can't Withhold Disaster Funds
A coalition of nearly 30 localities led by San Francisco and Santa Clara County, California, have sued the Trump administration over "unlawful" threats to withhold $350 million in funding for disaster and emergency response, claiming the government has placed conditions on the funding that exceed its authority.
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October 02, 2025
Walmart Can't Arbitrate Suit Over Health Purchase Disclosures
A California federal judge rejected Walmart's bid to send to arbitration a proposed class action accusing the retail giant of illegally sharing information about sensitive health items that website visitors purchased, finding that the website's terms of service weren't prominent enough to establish a binding agreement to arbitrate.Â
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October 02, 2025
Citing Injunction Ruling, Judge Grants Class Cert. In TPS Suit
A California federal judge on Thursday certified three nationwide classes of immigrants from Honduras, Nicaragua and Nepal who claimed in litigation that Homeland Security Secretary Kristi Noem unlawfully terminated their temporary protected status designations, citing the U.S. Supreme Court's decision limiting lower courts' use of nationwide injunctions.
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October 02, 2025
Feds Say Tribes In Ore. Casino Dispute Misconstrued Ruling
The U.S. Department of the Interior has asked a D.C. federal judge to approve its motion for summary judgment and to oppose three tribes' bid for a win in a suit over the agency's decision to take land into trust for another tribe's casino project.
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October 02, 2025
9th Circ. Rebuffs Flagstar's Escrow Interest Preemption Bid
The Ninth Circuit said Thursday that Flagstar Bank still owes a class of mortgage borrowers more than $9 million for unpaid escrow interest under a California law, ruling that a recent U.S. Supreme Court preemption case didn't upset circuit precedent on the issue.
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October 02, 2025
Google Fights Push To Get Reports From Gov't Monopoly Suit
Google on Thursday pushed back against a software development company's bid to make the tech giant produce expert reports used in the federal government's lawsuit that resulted in Google being deemed a monopolist in the general search market, saying the reports had no relevance to the present case.
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October 02, 2025
Roblox Faces 2 More Suits Claiming It Lets Predators Slide
Roblox has been hit with two more lawsuits alleging that it fails to stop online predators from using its gaming platform to groom and sexually exploit children, with one brought by a minor who says she was lured to a motel room where she was raped by five men.
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October 02, 2025
9th Circ. Says DOL Benefits Board Must Redo Atty Fees
The Ninth Circuit Thursday vacated a U.S. Department of Labor Benefits Review Board decision awarding a National Steel and Shipbuilding Co. worker $145,500 in fees and costs because his injury claims were still disputed when he settled, with a dissent saying apportioning the success of the settlement is impractical.
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October 02, 2025
Judge Ends USDA Rule On Chilean Grape Fumigation
A D.C. federal judge has vacated a 2024 rule change by the U.S. Department of Agriculture allowing the import of Chilean table grapes that have not been fumigated with methyl bromide for pest mitigation, ruling that regulators ignored the reliance interests of domestic growers when making the change.
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October 02, 2025
San Diego Women's Soccer Club Sues Ex-Prez Over Departure
Owners of the San Diego Wave Futbol Club have sued its former president in California state court, alleging she lied about her intentions to stay with the women's soccer club after its purchase, resigning instead to take a job with FIFA as chief football officer.
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October 02, 2025
Bored Ape NFTs Aren't Securities, Judge Holds
A California federal judge tossed a proposed securities class action against the firm behind the popular Bored Ape non-fungible token collection and its celebrity promoters, saying the token sales didn't amount to securities transactions.
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October 02, 2025
Tesla Can't Nix Battery Maker's Arbitration Award, Judge Rules
A California federal judge has confirmed an arbitration award that guarantees a battery maker's right to sell its dry battery electrode equipment to parties other than Tesla, rejecting Tesla's contention that an arbitrator disregarded the law when interpreting the companies' intellectual property rights in the equipment.
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October 02, 2025
Pac-12's Antitrust Suit Over Exit Fees Can Go On, Judge Says
The Mountain West Conference cannot escape a lawsuit over its demand for $55 million in "poaching" fees from the Pac-12 for luring away five universities, with a California federal judge ruling that there are plausible claims that the exit fees violate antitrust laws.
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October 02, 2025
Apple IP Suit Stayed As Appeal In Samsung Case Plays Out
A California federal judge on Thursday stayed litigation claiming certain Apple touchscreen products infringe a Michigan company's patent, while the same company appeals a separate case against Samsung, but the judge tipped his hand by saying the Samsung judge's opinion tossing that dispute "made perfect sense to me."
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October 02, 2025
LinkedIn Sues Over Alleged 'Industrial-Scale' Data Scraping
LinkedIn Corp. sued ProAPIs, Netswift and its co-founder Rehmat Alam in California federal court Thursday, alleging the software-makers operate "industrial-scale" data scraping mills that violate LinkedIn's terms and numerous other laws by continuously creating fake accounts to extract LinkedIn's member data, which they then sell without permission.
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October 02, 2025
Rust-Oleum Buyers' $1.5M Greenwashing Deal Gets Final OK
A California federal judge on Thursday gave her final blessing to a $1.5 million settlement to a class of Rust-Oleum Corp. customers who accused the company of "greenwashing" its cleaning products with representations like "non-toxic" and "Earth Friendly," noting the deal provides significant monetary and nonmonetary benefits to the plaintiffs.
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October 02, 2025
Mass. Court Denies States' Bid To Block ACA Subsidy Cuts
A Massachusetts federal court has rejected a bid by a coalition of 21 states to stay implementation of a rule that will cut Affordable Care Act subsidies and enforce enrollment restrictions, saying the states hadn't shown imminent or irreparable harm from the policy's costs or possible coverage losses.
Expert Analysis
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9th Circ. Ruling Leaves SEC Gag Rule Open To Future Attacks
Though the Ninth Circuit's recent ruling in Powell v. U.S. Securities and Exchange Commission leaves the SEC's no-admit, no-deny rule intact, it could provide some fodder for litigants who wish to criticize the commission's activities either before or after settling with the commission, says Jonathan Richman at Brown Rudnick.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Diverging FAA Preemption Rulings Underscore Role Of Venue
Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.
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A Reminder Of The Limits Of The SEC's Crypto Thaw
As the U.S. Securities and Exchange Commission's regulatory thaw has opened up new possibilities for tokenization projects, the Ninth Circuit's recent decision in SEC v. Barry that certain fractional interests are investment contracts, and thus securities, illustrates that guardrails remain via the Howey test, say attorneys at Skadden.
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What Prop 65 Ruling Means For Cosmetics, Personal Care Biz
A California federal court's recent decision on Proposition 65 warnings is good news for companies in the cosmetics and personal care space, as it will relieve businesses of the need to apply such warnings to products containing titanium dioxide and likely stop a wave of pending failure-to-warn litigation, say attorneys at Morgan Lewis.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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2 Fed. Circ. Rulings Underscore Patent Prosecution Pitfalls
Two recent patent decisions from the Federal Circuit, overturning significant judgments, serve as reminders that claim modifications and cancellations may have substantive effects on the scope of other claims, and that arguments distinguishing prior art and characterizing claims may also limit claim scope, say attorneys at Morgan Lewis.
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How 5th Circ.'s NLRB Ruling May Reshape Federal Labor Law
The Fifth Circuit's recent SpaceX National Labor Relations Board decision undermines the agency's authority, but it does not immediately shut down NLRB enforcement, so employers and labor organizations should expect more litigation, more uncertainty and a possible U.S. Supreme Court showdown, say attorneys at Goldberg Segalla.
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Rebutting Price Impact In Securities Class Actions
Defendants litigating securities cases historically faced long odds in defeating class certification, but that paradigm has recently begun to shift, with recent cases ushering in a more searching analysis of price impact and changing the evidence courts can consider at the class certification stage, say attorneys at Katten.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Reports Of Chemical Safety Board's Demise Are Premature
Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.
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Ruling On Labor Peace Law Marks Shift For Cannabis Cos.
Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.
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Opinion
Congress Must Resolve PSLRA Issue For Section 11 Litigants
By establishing a uniform judgment reduction credit for all defendants in cases involving Section 11 of the Securities Act, Congress could remove unnecessary statutory ambiguity from the Private Securities Litigation Reform Act and enable litigants to price potential settlements with greater certainty, say attorneys at Sidley.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.