The Recorder

The Recorder is an ALM publication. (ALM.com)

The Recorder delivers daily expert reporting on the breaking news, trends, courthouse and statehouse developments, law firm news, and profiles of the people of interest to California legal professionals.

08/16/2024

Congratulations to the winners and finalists for the California Legal Awards! We'll recognize all our honorees at the October 15th ceremony, hope to see you there! https://loom.ly/yLazzFc

08/16/2024

Announcing the finalists of the 2024 California Legal Awards

The Recorder and Law.com's editorial staff is proud to announce this year’s finalists for the California Legal Awards. The awards celebrate the achievements…

08/16/2024

Nvidia Slapped With Class Action by YouTube Creators for Using Content to Train AI Software

According to the suit, Santa Clara-based Nvidia—which designs the graphics processing units (GPUs) that power AI—illegally used millions of YouTube videos as training models for its Cosmos AI software, a deep learning program that was designed to support other Nvidia products like image generati...

08/16/2024

Forged Checks, Letters to Joe Biden: Tom Girardi's Lawyers Go on the Offense

On Thursday, Tom Girardi's public defender, cross-examining an IRS special agent, brought up missing pieces of the government's criminal investigation against his client.

08/15/2024

California AI Bills Survive Legislative Hurdle But Narrowed

Bills regulating AI training and safety will move to legislative floor votes after committee amendments.

08/15/2024

Nasdaq Sues Singaporean Company for Reselling Its Financial Feeds

Nasdaq’s complaint accuses an unnamed company of misappropriating the financial services company’s data and undermining its business by selling the stock feeds at a discount

08/15/2024

Public Employers Exempt From Labor Code Provisions, PAGA Penalties, California Supreme Court Says

Forcing public agencies to pay penalties under the Private Attorneys General Act would simply rob Peter to pay Paul, Justice Carol Corrigan wrote.

08/15/2024

Google Sued Over $5M in Crypto Stolen by 'Malicious' Wallet App in App Store

“The key piece of information is going to be whether Google was aware that it had a scam app operating on its app store and how long it allowed that to persist,” said Andrew Dressel, a lawyer who has a specialty in crypto litigation and is not involved in the matter.

08/15/2024

Find out the parties, facts and lawyers who worked on the verdicts and settlements worth knowing. VerdictSearch has the intelligence trial lawyers need.
https://www.law.com/verdictsearch/

08/15/2024

Client Fought For Son's Settlement As Girardi Keese Paid for Private Jets, Luxury Cars

In one of the more dramatic moments of the Tom Girardi criminal trial, ex-client Erika Saldana broke down in tears recalling her fight to get $1 million in settlement funds less than a year before her ill son died.

08/15/2024

'Irreversible Suffering': Apple Hit with Class Action Over Lack of Safety 'Guardrails' for Children

The suit, filed Tuesday in the U.S. District Court for the Northern District of California by the Buche Law Firm and Eisenberg & Baum, claims that Apple has escaped accountability for the proliferation of CSAM on iCloud by engaging in privacy-washing, which it defines as a deceptive marketing tactic...

08/14/2024

Google Faces Patent Infringement Claim Over System to Cool AI Computing Chips

San Diego inventor James Hildebrandt claims Google has violated his rights by using his liquid-cooling system to operate data center servers and cloud servers for AI computing.

08/14/2024

'A Prime Target': AT&T Hit With Class Action One Month After Disclosing Massive Data Leak

The claim, brought on behalf of class members who had different wireless carriers but texted and called AT&T Mobile users, alleged that the company's own negligence resulted in an April 2024 cyberattack that leaked the call logs of more than 100 million AT&T customers, compromising their own data in...

08/14/2024

'I Didn't See Anything Wrong With It': Ex-Accountant Gives Glimpse of Girardi Keese's Finances

On the fifth day of a criminal trial against Tom Girardi, ex-Girardi Keese accounting employee Norina Rouillard was asked on cross examination about a secret bank account in San Bernardino, California.

08/14/2024

California State Bar Inks Deal With Kaplan for New Bar Exam

Under terms of a five-year contract announced Tuesday, Kaplan and the state bar will split the costs of any potential copyright infringement suit challenging the new test.

08/13/2024

Google, YouTube Face Patent Infringement Claim Over Video Editing Technology

A team of Arizona inventors claims it developed methods for clipping and stitching together videos that is being used by the defendants in YouTube’s “Clips” and “Shorts” features.

08/13/2024

Who Got the Work: Perkins Coie Partners Appear for Microsoft in Patent Case

Microsoft, Apple and Google all face complaints filed last month by Never-Search, a Cupertino company whose founder holds patents on technology to enhance geographical maps with information about points of interest.

08/13/2024

Witness: Ex-Girardi Keese Funds Paid for Lavish Parties, Erika Girardi's Business

Norina Rouillard, who joined Girardi Keese's accounting department in 2003, testified on Monday about millions of dollars flowing from the Los Angeles law firm’s bank accounts for Tom Girardi’s lavish parties, country clubs, private jets and the expenses of his wife Erika Girardi’s entertainme...

08/13/2024

Who Got the Work: Willkie Farr and Gibson Dunn Enter Appearances for Big Tech in Pending Privacy Class Action

Plaintiffs say a wellness company breached California's wiretapping and eavesdropping laws by feeding consumers' confidential information to Big Tech third-party defendants through its websites.

08/13/2024

Sheppard Mullin Picks Up Former Depp Lawyer in 5-Partner Trial Group From Brown Rudnick

The group includes Camille Vasquez, who gained national attention during the trial between Johnny Depp and Amber Heard.

08/12/2024

Former California Assembly, Senate Judiciary Chair Ellen Corbett Dead at 69

The San Leandro lawmaker was an ally of the plaintiffs bar and consumer groups during her 14 years in the Legislature.

08/12/2024

Edelson Files Wave of Digital Privacy Class Actions Against Tech Companies Over Geolocation Data Collection

All three complaints argue that the companies' use of software development kits violates a California privacy law that prohibits using recording devices to intercept communications without the parties' consent.

08/11/2024

Miami Jury Returns $4.3M Award: Defense Notes Stricken Juror

Morgan & Morgan saw fit to ensure a retired U.S. Marine, African American male, was stricken from the jury out of pure fear he’d see right through this contrived litigation, defense attorney Wayne T. Hrivnak claimed after the verdict.

08/11/2024

'A Good Day': Florida Bank Linked to Venezuela Is Hit With $800,000 Verdict

“Any day where you help prevent an illegal authoritarian regime in Venezuela from penetrating the United States banking system and hold those accountable for assisting that regime is a good day,” Derek E. León, the plaintiffs' attorney, said.

08/09/2024

McClatchy, Gannett Accuse Alabama Publisher of Stealing Book Project From Author

The copyright claim says EBSCO Industries’ 1995 book on Kansas State football used stories and photos from the papers that were part of a project that had been set aside.

08/09/2024

Will AI Write California's Future Bar Exams?

A recent survey of those who took the July 2024 exam asked for their thoughts on the role of artificial intelligence in writing and grading future tests.

08/09/2024

Grease Monkey Oil Change Business Accused of S*x Discrimination After Charging Female Customers Less

This complaint was first surfaced by Law.com Radar, ALM’s source for immediate alerting on just-filed cases in state and federal courts.

08/09/2024

NJ Supreme Court Finds DWI Case 'Illuminates a Flaw' in Notification Procedures Post-'Cassidy'

Given the fallibility of the notification procedures post-'Cassidy,' the parties will now be entitled to discovery, which is already readily available and capable of unearthing the procedural irregularities caused by Dennis’s misfeasance, Justice Michael Noriega said.

08/09/2024

In Malpractice Suit Against Anesthesiologist, $4.2M Settlement Is Far Greater Than Insurance Coverage

What I think the plaintiffs bar really needs to focus on is you can get more than the coverage, and for some reason, it's not been done very often, the plaintiff's attorney said.

08/09/2024

What Financial Questions Should You Ask Your Client?

If you open the door to helping clients with financial planning, it can also make sense that a law firm might address the same concerns internally. In that case, the financial planning questions a forward-thinking attorney might ask of a client are also questions that attorney should be considering....

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Videos

25% of litigators in D.C. reported billing rates above $951, the highest tier in the survey. In San Francisco, which had the second highest litigation billing rates, only 13% of respondents fell in the $951+ tier. Full story: https://loom.ly/OCkEcAY

Partner compensation systems that overemphasize competition and profit are hurting lawyers’ mental health, according to the 2024 Mental Health Survey, but attorneys said they had little hope for changing the eat-what-you-kill model any time in the near future. Here's what some proposed instead. Full story: https://loom.ly/44Cq3Cs

Out now: The 2024 Diversity Scorecard details the changing landscape of lawyer diversity and looks at what is driving—or holding back—further change. Read the full report, including law firm data and analyses, here: https://loom.ly/mm8sQao

A few U.K. law firms stand out for LGBTQ+ representation among their partners. Here's what they look like and what they're doing to signal inclusivity. Read the full story here: https://loom.ly/vZgnlww

Tiffani Lee and Kwamina Williford, both of whom hold positions of leadership at Holland & Knight, are the latest guests on Legal Speak. With Law.com reporter Alexander Lugo, they discuss the unique challenges they overcame and the guidance necessary to get there. In this clip, Williford talks about what firms should strive for and what to avoid in seeking to improve inclusion within their ranks. Catch the full episode here: https://www.law.com/2024/06/21/holland-knight-partners-discuss-their-ascent-to-leadership-roles-and-what-it-took-to-get-there

The total number of associates in the NLJ 500 now numbers approximately 84,651, more than 10,000 additional associates since 2018. How does the growth rate now compare to previous years? Read the full report here: https://www.law.com/nationallawjournal/2024/06/18/for-law-firms-theres-no-substitute-for-associate-growth/

Legendary trial lawyer Jim Brosnahan of Morrison Foerster and Latham & Watkins executive committee member Sean Berkowitz talked about talking in the latest episode of Legal Speak. With their unique, and effective, voices, they spoke with Am Law Litigation Daily editor and columnist Ross Todd about how they’ve come to acknowledge the strengths and weaknesses of their own vocal instrument. Listen to the full podcast episode here: https://www.law.com/2024/06/14/finding-your-voice-two-prominent-litigators-discuss-the-importance-of-vocal-power-and-how-it-isnt-all-in-the-genes/. In this clip, Brosnahan provides actionable insights on how to use vocal range and other tools in legal advocacy.

There’s no such thing as bad publicity in the newest law school rankings. Full story: https://loom.ly/WmtxhtM

Only 41% of respondents think their workplace is a safe environment to raise concerns about mental health and substance abuse; 36% feel they could take extended leave to take care of #mentalhealth issues. Full infographic: https://loom.ly/4bnA0rA

In the latest in a series on how senior lawyers cope with stress in both their work and personal lives, Monica Gogna, head of the financial institutions law group at EY, explains the need to talk to both personal and professional connections about feelings, failures and experiences. Full interview: https://loom.ly/PAGyyYQ

82% of workers say they are more likely to apply for a job if a salary range is listed. Full infographic: https://loom.ly/rdCXrwc

"If we break bones or feel physically unwell, we seek professional help. We should just treat our mental health (or ill health) in the same way." Full interview: https://loom.ly/s89vmBg

“While our support for Free Speech is unwavering, we cannot condone using a social occasion at a person’s private residence as a platform for protest,” UC Berkeley Chancellor Carol Christ wrote in a statement. Full story: https://loom.ly/U5xvDm0

Is the term "non-lawyer" demeaning or necessary? Full story: https://loom.ly/cpZ0EpY

Will Normand of Travers Smith discusses his coping mechanisms for stress in our new #mentalhealth series: "I now regularly exercise either in the morning or at lunchtime in the working day—breaking up the day and clearing your head works for me. ... Importantly, if I ever felt I was not coping, I would be (and have been) straight back to an appointment with the counsellor that I used." Full interview: https://loom.ly/v9SCbL8

"I had a discussion along these lines with a client last week, about how we manage respective teams especially when in an intense deal doing environment. ... We need to address this as an issue together—not just within law firms, but across the whole business environment including clients and other advisers too." #mentalhealth Full story: https://loom.ly/KthCLSQ

Who might be held liable for the tragedy at the Francis Scott Key Bridge? Plaintiffs lawyers weigh in. Full story: https://loom.ly/U8Z_Mno

The two Supreme Court cases argued last week could clarify when government officials cross the constitutional line when trying to use the “bully pulpit” to influence public discourse or discourage certain messages. Full story: https://loom.ly/wPJxNfU

While law firms aren't without any responsibility for attorneys' #mentalhealth, lawyers must look after themselves when the profession falls short. Full story: https://loom.ly/OgCOkNA

“I think the old way of doing things for law firms was to have giant partner offices and smaller associate offices. And that’s kind of a thing of the past,” said Sarah Solum, U.S. managing partner for Freshfields. The firm's new Manhattan office have one-size-fits-all individual offices. “It’s much more egalitarian in terms of space and flexibility.” Full story: https://loom.ly/C5hG-VE