“A U.S. judge on Wednesday said he saw no reason to rule quickly in favor of JPMorgan Chase & Co (JPM.N) as it sues Tesla Inc (TSLA.O) over Elon Musk’s 2018 tweet that he might take the electric car company private,” reports Luc Cohen in Reuters

“JPMorgan sued Tesla for $162.2 million in November 2021, saying Tesla breached a 2014 contract related to stock warrants it sold to the bank, and which JPMorgan believes became more valuable because of Musk’s tweet.”

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“Kontoor Brands Inc. said Monday that it has hired Tom Doerr as general counsel and corporate secretary, effective June 6. Doerr succeeds Laurel Krueger, who resigned from those duties on Aug. 27,” reports Richard Craver in Journal Now

“The position of general counsel and secretary is a named top-five executive management post for Kontoor. Krueger received in fiscal 2021 $323,290 in salary and total compensation of $1.09 million. Doerr joins Kontoor from The Manitowoc Co. Inc. where he served in the same management roles since November 2017.”

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“Columbia University was awarded slightly over $185 million in damages Monday by a federal jury that found that NortonLifeLock Inc. willfully and literally infringed two patents related to groundbreaking cybersecurity safeguards invented by Columbia professors, according to a press release from the university,” reports Marjorie Valbrun in Inside Higher ED

“The award was the result of a unanimous verdict stemming from a two-week trial in the U.S. District Court for the Eastern District of Virginia. Columbia brought the case in December 2013. The jury awarded the university $185,112,727 in reasonable royalties on the two patents through Feb. 28 of this year, the press release said, adding that the “finding of willful and literal infringement means the Court also has discretion” to triple the actual or compensatory damages.”

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“Johnny Depp’s United States defamation trial against his ex-wife Amber Heard started on April 16. The trial is supposed to last six weeks and, just like a movie, is already full of twists, turns, suspense and drama,” reports Joshua Lee in Police1

“In 2012, Depp and Heard started dating. In 2014 they were engaged, and in 2015 were married. But by 2016, Heard filed for divorce stating irreconcilable differences. Soon after, Heard filed an order of protection saying Depp emotionally, verbally and physically abused her. Heard wrote an op-ed for “The Washington Post” speaking out against violence against women and the price they pay for speaking up against men.”

Read the article.

As legal tech attracts big investors, should GCs follow suit?
Ian Nolan, CEO of Brightflag (https://brightflag.com/)

The enthusiasm for legal tech is surging. As TechCrunch (https://techcrunch.com/2022/03/16/legal-tech-startups-bringing-law-order-to-fragmented-industry/) noted in March, venture capital funding into legal tech topped $1 billion last year, a record amount, and the dollars keep coming.

Legal tech isn’t new, but it is drawing the attention of many in-house legal leaders seeking new ways to control expenses, maximize limited resources, and free up time for more strategic planning. But with numerous legal tech options available — and surely more coming — where should decision-makers begin in assessing which solution is right for them?

The process begins by identifying the problems you want to solve. Technology may not be the best answer. Technical features are only relevant if they suit your business needs. Clarify your goals, then turn to examining features and laying the groundwork for what’s needed for success.

Zero in on your specific needs

Starting out, make sure you’re not buying a technology solution in search of a business problem. Instead, identify your organization’s objectives and the challenges the legal team faces in meeting those objectives. Pinpointing your needs helps determine whether technology solutions can deliver benefits and, if so, how.

Cost control (https://brightflag.com/legal-operations/) is often a top strategic mandate. Organizations scrutinize how legal work is allocated and resourced. Outside counsel services are typically the most significant expense category, aside from in-house staff salaries, within most corporate legal departments.

Modern e-billing and matter management solutions can help clarify the return on each investment. A granular look into who is doing what work and for how long, both internally and externally, compared with last month and last year can yield deep insights into spending and guide future decision-making. Data-driven insights on pricing, billing guideline compliance, timekeeper breakdown and other matters can give in-house legal teams the ability to objectively compare law firms and determine which ones provide the best value.

Another common need for corporations is handling the large volume of contracts. Contract lifecycle management and e-signature software can improve how sales deals, nondisclosure agreements and other contracts are created, negotiated and stored.

Prioritize these key capabilities

When examining features, understand which are a “must-have” versus a “nice-to-have.” As you narrow your list of potential providers, confirm which have the essential features to meet your objectives.

A handful of features from a solution provider are worth particular note, whether they involve the technology itself or vendor support.

The importance of analytics can’t be overstated. Legal operations software can move decision-making from hunches based on anecdotal evidence to insights based on data. Newly gained transparency can leave the era of “black box” expenditures – and the resulting uncertainty over what equates to value in legal spend – behind.

Automation can save time and help preserve morale. Automatic invoice intake allows attorneys to spend more time on strategic endeavors rather than on this mundane, repetitive and yet necessary task. A solution with artificial intelligence adds to the time-saving benefit because AI can help drive the analytics: surfacing more insights, sooner.

A centralized system of record empowers greater collaboration. Files sent back and forth over email between in-house legal teams and outside vendors are easy to overlook or misplace and can create problems or confusion among document versions. A legal tech solution can provide a portal shared by all stakeholders while allowing the in-house legal team to take ownership of the process and results.

A structured process for onboarding provided by the vendor helps employees, and by extension, the organization make the most of the solution. Frontline users will need training and support during the transition to see how the technology fits into their everyday needs. As they gain knowledge and confidence, they gain trust in the solution and what it can provide.

Establish a culture of innovation

Once you’ve identified your objectives and the providers whose solutions meet your needs, some groundwork is necessary to set your initiative up to succeed. Establish buy-in from the general counsel and other senior executives, and task someone with the accountability for driving change.

The in-house legal team needs to feel a mandate coming from top leadership. When the team adopts a culture of innovation and understands that efficiency is the new expectation, legal tech can yield greater insights than what a tepid, perfunctory acceptance of just another piece of software can obtain.

What drives change management initiatives, according to Deloitte’s 2021 State of Legal Operations Survey, (https://www2.deloitte.com/content/dam/Deloitte/us/Documents/finance/state-of-legal-operations-survey-2021-updated.pdf?id=us:2el:3dp:wsjspon:awa:WSJRCJ:2022:WSJFY22) is the support of senior executives. Nearly 60% of respondents to the survey cited lack of adoption and change management as their biggest worries related to technology.

A tool is only as useful as it is used. Top leadership reinforces expectations — for the solution and staff.

A final step is to establish the person or people who can champion the initiative. With the full support of the general counsel, the champions can lead the initiative but also be the team held accountable for its success.

A legal operations team (https://brightflag.com/legal-operations/) can be a good fit for this role. CLOC’s 2021 State of the Industry Survey (https://cloc.org/2021-state-of-industry-survey/) notes continued growth in the prevalence of legal operations teams, which help streamline work processes, uncover data-driven insights and drive strategic planning. If your legal department lacks a legal operations team, the foray into legal technology may be an advantageous time to create one.

The pandemic, inflation and an uncertain economic outlook adds more pressure to legal departments to better collaborate and control costs. But pitfalls await legal teams that rush into a legal tech solution. A better approach is to take the time to clearly identify your specific needs, find the solution provider with the best technology to meet those needs and ensure executive buy-in. Legal tech can help save time and identify value but also unlock insights into objective decision-making.

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About the author
Ian Nolan is the CEO and co-founder of Brightflag, (https://brightflag.com/) the AI-powered legal spend management and matter management platform. From coding his school’s first website to producing radio news segments, Nolan was already a lifelong builder before breaking into the legal technology field. After several years spent growing a software development firm focused on legal practice management, Nolan founded Brightflag with a desire to fundamentally change the systems and incentives connecting law firms and their corporate clients.

“By definition, a patent is an exclusive right granted for an invention of a novel approach to a problem. It’s the latest in innovation and as such can be a measure of how much technology is progressing. Taiwan’s patent applications show stronger numbers compared to last year’s first quarter. Under Taiwan law, patents are categorised into three groups – invention, utility model and design. Invention patents are considered the most important in terms of new technology ideas,” reports Jerome Siacor in  Open Go Vasia.

“In the first quarter, a total of 12,534 invention patent applications were filed, up by 5% from a year earlier according to the Intellectual Property Office (IPO) under the Ministry of Economic Affairs. Moreover, the number of applications from foreign applicants rose by 10% to 7,837, and the number of applications from local applicants fell to 4,697 from 4,742, the office said. The number of invention, utility model, and design patents filed in Taiwan hit 17,498 in the first quarter, up by 2 per cent from a year earlier, according to the office.”

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“AGL Energy, Australia’s biggest electricity generator, says it remains determined to pursue its plan to split despite a bid for a blocking stake by technology billionaire Mike Cannon-Brookes. In a second tilt at the company in three months, Cannon-Brookes bought 11.28% of the AGL shares through his,” reports Peter Hannam in The Guardian.

“We have purchased this substantial interest in the company because we fundamentally believe there can be a better future for AGL, Cannon-Brookes said in a letter to AGL. A future that delivers cheap, clean and reliable energy for customers. A future that accelerates the transition to net-zero, and a future that creates opportunities for AGL.”

Read the article.

“The Las Vegas Raiders have been one of the most active organizations this NFL offseason thus far. Between free-agent signings, trades, and contract extensions, Las Vegas has dealt some serious cash since the end of the 2021 season, and that can be much attributed to the decisions of new General,” reports Aidan Champion in Fan Nation.

“Raiders star edge rusher Maxx Crosby was the first member of the Silver and Black to be offered a significant contract this offseason. The 2021 Pro Bowler was dealt a contract extension worth $98.98 million over four years last month. He was offered $95 million in new money with $53 million guaranteed. Crosby was more than deserving.”

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“There’s been a lot of talk about whether Florida lawmakers can legally dissolve Disney’s Reedy Creek Improvement District, but there’s one basic reason why Florida can’t dissolve it—it promised bond purchasers that it wouldn’t, says Jacob Schumer of Shepard, Smith, Kohlmyer & Hand. Much ado has,” reports Jacob Schumer in Bloomberg Tax.

“About the legality of Florida’s Senate Bill 4C purporting to dissolve Disney’s Reedy Creek Improvement District: whether it was retaliation prohibited by the First Amendment, whether it was passed with sufficient formality, and so on. But there’s a much more basic reason Florida can’t dissolve Reedy Creek it promised bond purchasers that.”

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“Labour has accused ministers of a potential cover-up over a PPE contract with a company linked to Tory peer Michelle Mone, after the health department refused to release documents connected to the deal, citing commercial sensitivities. The row comes days after the National Crime Agency NCA,” reports Peter Walker in The Guardian.

“The row comes days after the National Crime Agency (NCA) searched Mone’s home as part of a potential fraud investigation into the company, PPE Medpro, which won more than £200m in government contracts without public tender. Angela Rayner, Labour’s deputy leader, wrote to the government in January to seek the release.”

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“The Am Law 100 was recently announced, ranking the top Biglaw firms by 2021 gross revenue. And it was a banger year in Biglaw. Every single Am Law 100 firm saw and increase in revenue. All. Of. Them. Plus 52 firms crossed over into the billion dollars in revenue world. And we know that Biglaw,” reports Kathryn Rubino their Above The Law.

“Firms are struggling to keep up with the demand on their legal services. They’re in need of qualified lawyers to staff the deals/cases that are filling up their books of business. So, yes, the lateral market’s been intense with all manner of repercussions like. But some Biglaw watchers are cautioning there’s a potential downside lurking in this.”

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“BigBear.ai, a leader in AI-powered analytics and cyber engineering solutions, today announced that it has appointed Carolyn Blankenship as General Counsel. In this role, Blankenship will develop and lead corporate legal strategy supporting BigBear.ai’s growth initiatives as a publicly-traded company She will,” reports Business Wire their blog.

“Blankenship brings over 25 years of legal experience and specializes in providing the legal infrastructure needed for innovative growth strategies and navigating the commercial regulatory landscape for successful business and product strategies. In her previous role as General Counsel, Innovation and Product for Thomson Reuters.”

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“A three-bill package creating a framework for the distribution of about $776 million in opioid settlement funds in Michigan garnered widespread support as the state House approved it Thursday. But several Republicans in more rural areas criticized the settlement’s lack of money for small town,” reports Beth LeBlanc The Detroit News.

“R-Richmond, criticized Attorney General Dana Nessel from the House floor Thursday for failing to secure funding for all small communities. Yaroch said he had to tell the Memphis mayor pro-tem recently he wouldn’t get a direct payment from the settlement because the community’s population falls below the 10,000-person threshold.”

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“Thousands of Native Hawaiians who waited decades for homestead leases aimed at guaranteeing them access to ancestral lands may soon get some payment from the state. The state reached a $328 million settlement agreement with the Hawaiian beneficiaries, who first brought a class-action lawsuit,” reports Blaze Lovell Honolulu Civil Beat.

“The Department of Hawaiian Home Lands for mismanaging the public lands trust in the late 1990s. The settlement agreement, which was unsealed Tuesday afternoon, marked another turn in fortune this year for Native Hawaiians who have long struggled to take advantage of the program meant to ensure they have access to long-term.”

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Shapiro, Lifschitz & Schram is pleased to announce that Laura C. Fraher, Judah Lifschitz and Steven H. Schram are named among the 2022 Super Lawyers for Washington, D.C.

Fraher and Lifschitz are included for their work in Construction Litigation and Schram for Business / Corporate work. Washington, D.C. Super Lawyers has ranked Lifschitz for the past 14 years, Schram for 12 years and Fraher for the past six years.

Super Lawyers, part of Thomson Reuters, is a rating service of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Only five percent of lawyers in Washington, D.C. are selected as Super Lawyers.

Selections for Super Lawyers are made through a rigorous process entailing independent attorney-led research, evaluations and peer evaluations. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement, including verdicts / settlements, transactions, special licenses and pro bono service.

Shapiro Lifschitz & Schram is a Washington, D.C.-based law firm delivering solutions for clients in the areas of business, construction, real estate and commercial litigation. The firm has a proven track record of success representing clients in sophisticated deals and big-ticket, complex litigation at both the trial and appellate levels. With state-of-the-art document management and electronic discovery techniques, sophisticated graphics capabilities and seasoned lawyers, Shapiro, Lifschitz & Schram creates client-centered solutions to close deals and win cases. For more information, please visit the firm’s website, http://www.slslaw.com.

Turner Padget is pleased to announce that eight of its attorneys have been recognized by South Carolina Super Lawyers for 2022. Five attorneys from across the firm are included among the annual list of leading lawyers, and an additional three attorneys have been named Rising Stars by the publication. Super Lawyers creates a diverse listing of outstanding attorneys who are honored for their professional achievements. Only five percent of lawyers in South Carolina are named as Super Lawyers, and no more than two-and-a-half percent are selected as Rising Stars. The complete list is available today at www.superlawyers.com.

The Turner Padget attorneys named among South Carolina Super Lawyers for 2022 by office are:

Charleston
Richard S. Dukes, Jr.: Personal Injury – Constitutional Law

Columbia
Catherine H. Kennedy: Estates & Probate
Lanneau Wm. Lambert, Jr.: Real Estate
Thomas C. Salane: Insurance Coverage
Franklin G. Shuler, Jr.: Employment and Labor

The Turner Padget attorneys named as Rising Stars are:

Charleston
Kristen N. Nichols: Creditor / Debtor Rights
Nickisha M. Woodward: Personal Injury – General: Defense

Columbia
W. Taylor Stanley: Business Litigation

Every year, Super Lawyers selects attorneys from all firm sizes and over 70 practice areas throughout the United States. Each candidate undergoes a multiphase selection process where they are evaluated on 12 indicators of peer recognition and professional achievement. Super Lawyers can be found online at www.superlawyers.com, where lawyers can be searched by practice area and location.

Turner Padget exceeds expectations by taking your interests, your business and our relationships personally. Our depth of knowledge, technical strength and diverse experience makes us sharp, talented business thinkers able to see our clients’ needs holistically and get to the core of the problem quickly. As one of South Carolina’s largest law firms, Turner Padget has expanded into neighboring states with offices located in Augusta, Charleston, Columbia, Florence, Greenville and Myrtle Beach, along with strategic alliances in Florida and North Carolina. http://www.turnerpadget.com/

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Venable LLP is pleased to announce that our client, UC Davis, has prevailed in a civil lawsuit brought by activists under the California Public Records Act. The suit was filed by People for the Ethical Treatment of Animals, Peta, in January 2019, seeking access to unpublished research data from the work of two researchers at the California National Primate Research Center. The Superior Court of California, County of Yolo, ruled that releasing the material did not serve the public interest and would undermine academic freedom and the scientific process while increasing the risk that researchers could face physical harm and harassment from activists.

The court issued its ruling on Jan. 11, 2022. PETA had the opportunity to appeal the decision but has declined to do so.

“We’re pleased with the court’s decision enabling UC Davis researchers to pursue their work, which ultimately benefits our community,” said Prasant Mohapatra, vice chancellor for research at UC Davis. The Office of Research oversees animal care programs on campus.

The Venable trial team was led by Jean-Paul Cart and supported by Antonia Stabile.

NEW YORK (Apr. 28, 2022) – The transatlantic law firm Womble Bond Dickinson is opening an office in New York with the addition of a prestigious group of lawyers from the intellectual property boutique firm Abelman Frayne & Schwab. With this year marking the fifth anniversary of the transatlantic combination that created Womble Bond Dickinson, the firm’s continued growth has included new offices in Boston, Los Angeles, and Houston, and an expanded presence in Palo Alto.

The New York-based trademark, licensing, and copyright team will be led by partners Julianne Abelman and Marie Anne Mastrovito, who will be joined by of counsel Erica R. Halstead, senior counsels Lori B. Cohen and Anthony A. Coppola, and six paralegals. With a well-known reputation across the trademark world, the team represents clients at all stages of trademark protection and litigation in every country of the world.

“This impressive group of lawyers has represented some of the world’s top brands, providing a wide range of trademark services across several industries,” said Elizabeth O. Temple, CEO and Chair of Womble Bond Dickinson (US) LLP. “Along with bolstering our trademarks and brand management practice, this addition allows us to plant our flag in one of the world’s most important business and legal centers. In alignment with our strategic plan, this office – combined with our existing presence in other key innovation centers, including Atlanta, Boston, Charlotte, Houston, London, Los Angeles, Raleigh-Durham, Silicon Valley, and Washington, D.C. – continues our growth trajectory in markets that are driving innovation and technological change.”

Abelman and her team offer a full range of trademark services, including counseling clients in the selection of marks, providing trademark clearance searches and opinions, prosecuting trademark applications, counseling on enforcement strategies, representing clients in opposition and cancellation actions, and infringement litigation. They have worked with major corporations in several sectors, including alcoholic beverages, food, clothing, energy, technology, healthcare, consumer products, and manufacturing.

“We are excited to join Womble Bond Dickinson and establish the firm’s presence in New York,” said Abelman. “We will be able to combine our experience and small-firm culture of personal service to our clients with the support of a highly respected intellectual property department. We can’t think of a better partner as we begin this new chapter for our team.”

With this addition, Womble Bond Dickinson’s intellectual property practice will include more than 140 attorneys, patent agents, and technical advisors who help clients protect innovations and capitalize on the value of their IP in a competitive marketplace. The group’s full-service offerings include trademark clearance, prosecution and enforcement, patent preparation and prosecution, copyright registrations, technology transactions, complex licensing, IP litigation, trade secret protection, and data privacy and cybersecurity. More than 100 of these legal professionals are U.S. Patent and Trademark Office (USPTO) registered practitioners, including attorneys and agents, and the team has more than 75 professionals with advanced degrees, 28 of whom have Ph.D.s or doctorates. Womble Bond Dickinson is a top-ranked firm in the Chambers USA 2021 Guide for intellectual property.

More information on the attorneys joining Womble Bond Dickinson can be found below:

Julianne Abelman has experience in the protection and enforcement of trademarks, copyrights, and domain names worldwide, including counseling on the selection and clearance of trademarks and slogans, filing and prosecution, licensing of intellectual property, trademark infringements, oppositions, and agreements relating to the use and coexistence of trademarks. At AFS, she served as a primary team leader and manager of that firm’s trademark practice group and managed a number of important client relationships.

Lori B. Cohen has represented Fortune 100 clients in the procurement and protection of well-known trademarks domestically and internationally. She concentrates her practice on all aspects of international and domestic trademark prosecution and international opposition and cancellation proceedings.

Anthony A. Coppola focuses his practice on various intellectual property litigation matters in the federal courts and before the Trademark Trial and Appeal Board. He also counsels clients in selecting, clearing, and maintaining international trademarks. He has experience in patent and trademark prosecution and negotiating and drafting intellectual property licensing and coexistence agreements. He has successfully litigated cases in the areas of patent infringement, trademark infringement, theft of trade secrets, trademark counterfeiting, and product liability in jurisdictions across the country.

Erica R. Halstead’s practice is focused on U.S. trademark prosecution, policing, enforcement, clearance, and counseling. This includes practice before the U.S. Trademark Trial and Appeal Board in both opposition and cancellation proceedings. She also has experience in negotiating and preparing assignments, licenses, and coexistence agreements.

Marie Anne Mastrovito is a former trademark examining attorney with the USPTO. She concentrates her practice on domestic trademark portfolio management, enforcement, and protection, including trademark clearance, trademark prosecution, negotiation of coexistence and settlement agreements, and the representation of clients in opposition and cancellation actions and ex parte appeals before the U.S. Trademark Trial and Appeal Board. She has also represented clients in successful appeals to the U.S. Court of Appeals for the Federal Circuit.

ArentFox Schiff LLP is pleased to announce the expansion of its Health Care practice with the addition of Counsel Gayland O. Hethcoat II in the firm’s Los Angeles office.

Gayland brings nearly a decade of experience serving as in-house counsel to two of California’s leading health care organizations, including Children’s Hospital Los Angeles, a nationally-ranked and freestanding acute care children’s hospital, and Dignity Health, one of the largest nonprofit health systems in the United States.

A strategic legal advisor to providers and stakeholders across the health care delivery spectrum, Gayland offers a practical, business-minded approach to supporting his clients. As regulatory counsel, Gayland develops solutions for complying with the complex web of federal and state laws governing the healthcare sector, including in the emerging fields of telemedicine and digital health. He has represented hospitals and health systems, physician practices, retail pharmacies and clinics, clinical laboratories, home health agencies, telehealth platforms and health tech start-ups, and management service organizations.

Gayland possesses particular experience with health data privacy and security laws (including HIPAA, the California Confidentiality of Medical Information Act (CMIA), 42 CFR Part 2 substance abuse confidentiality regulations, and the FTC Health Breach Notification Rule) and healthcare fraud and abuse laws (including the Stark Law, Anti-Kickback Statute, and Civil Monetary Penalties Law). In addition, he routinely advises on healthcare licensure and scope-of-practice requirements, Medicare and Medicaid program rules, and controlled substance regulations.

In his transactional practice, Gayland drafts and negotiates various types of contracts and legal instruments, including financial arrangements between hospitals and physicians. He also assists with matters involving for-profit and nonprofit corporate board governance, conflicts of interest, and discharge of fiduciary duties.

“Gayland joins us at a critical time for our health care clients as they continue to manage their operations during the pandemic and work to comply with the changing regulatory landscape. Gayland’s impressive knowledge, excellent legal skills, and strong client service record are well-recognized in the health community. Welcoming attorneys with Gayland’s level of experience allows us to provide superior service and strategic counsel to our very sophisticated, growing client base.”
– Douglas A. Grimm, Health Care Practice Leader

Gayland’s Experience
Gayland’s recent work includes:

– Advising on issues involving COVID-19 testing and vaccination requirements for healthcare workforce members, supply chain disruptions, and regulatory waivers and flexibilities during the COVID-19 pandemic
– Supporting senior compliance officers in administering healthcare compliance programs, including internal investigations, audits, and risk assessments
– Providing representation in enforcement actions and investigations conducted by the US Department of Justice, Office for Civil Rights in the US Department of Health and Human Services, the California Department of Public Health, and other federal and state agencies

About ArentFox Schiff
ArentFox Schiff LLP is internationally recognized in core industries where business and the law intersect. With more than 600 lawyers and policy professionals, the firm serves as a destination for an international roster of corporations, governments, private individuals, and trade associations.

– Foley & Lardner LLP secured a victory on behalf of the Los Angeles County Board of Supervisors last week when Honorable Judge Michael Beckloff of the Los Angeles County Superior Court denied a County resident’s petition for a writ of mandate in an attempt to block the transfer of Bruce’s Beach back to the legal heirs of Charles and Willa Bruce.

Bruce’s Beach was a popular Black-owned resort in the City of Manhattan Beach that catered to Black beachgoers in the 1910s and 20s. In 1924, the City of Manhattan Beach condemned Bruce’s Beach in an act of racial discrimination, seeking to drive out Black patrons from Manhattan Beach. Recognizing this profound historical wrong, Governor Gavin Newsom signed Senate Bill 796 into law, enabling the County to take appropriate actions to return Bruce’s Beach to the legal heirs of the Bruce family.

A County resident petitioned for a writ of mandate to block the transfer of the property. The resident primarily argued that the transfer of the property violates Article XVI, Section 6 of the California Constitution, which prohibits the Legislature from giving public funds to private citizens. Foley partner and the County’s lead counsel Byron McLain argued that returning the property to the Bruce family is not an improper gift in violation of the California Constitution because this act serves a clear and direct public purpose of addressing and redressing government racial discrimination. As stated in Senate Bill 796, this transfer enables the County to “rectify the historic injustice that was done to the Bruce family by returning the land…from whom it was taken in an act motivated by racism.”

Judge Beckloff denied the Petitioner’s writ of mandate and held that the anticipated transfer is constitutional, which effectively grants the Los Angeles County Board of Supervisors the power to right this historic wrong. The County’s effort to return Bruce’s Beach “works to strengthen government integrity, represents governmental accountability. . . [and] fosters trust and respect in government,” Beckloff wrote in his ruling. “Redressing past acts of discrimination as well as preventing such acts in the future benefits the whole of the community. The public purpose served by [the County’s efforts] is direct and substantial,” Beckloff found.

McLain commented, “The Superior Court’s decision to allow the County of Los Angeles to transfer the Bruce’s Beach property back to the Bruce family is a huge step in support of the County’s concerted call to action for government entities to recognize and dismantle the history of racial oppression, injustice, and inequity that has left an indelible stain on this nation, most especially, its communities of color.”

In addition to McLain, the Foley team representing the County included Anum Amin and former Foley attorney M. Kristina Fernandez Mabrie. Paralegal Autumn McIntosh and Vivian Hong also assisted in this matter.