• November 26, 2014

    Calif. High Court To Review Malpractice Cap Law

    California’s high court will review the constitutionality of the state’s $250,000 cap on damages in medical malpractice suits, less than a month after voters summarily rejected a measure that would have raised the cap to $1 million, according to a consumer advocacy group on Wednesday.

  • November 26, 2014

    Ackman Says Allergan Sale May Net $6B For Pershing Square

    Bill Ackman said that his Pershing Square Capital Management LP could realize $6 billion when pharmaceutical company Allergan Inc. closes its sale to rival Actavis PLC, after his pressure led to the agreement to sell last week.

  • November 26, 2014

    Calif. Lawmaker Wants Retailers To Double Holiday Pay

    California retailers and restaurants open on Thanksgiving and Christmas will have to pay workers double wages under a proposal announced Wednesday by a state legislator, as Democrats across the country voice opposition to growing holiday hours.

  • November 26, 2014

    Revolving-Door Roundup: Gibson Dunn, Holland & Knight, Irell

    November was a relatively slow month for attorneys moving between the public and private sectors, with only four job-hoppers, in comparison to last month's dozen and a half. But the crop still included stars like a top lawyer for the state of New Jersey and a leading aide to New York Gov. Andrew Cuomo.​

  • November 26, 2014

    Both Parties In 'Happy Birthday' Rights Row Vie For Quick Win

    A Warner Music Group Corp. unit and the plaintiff alleging the unit’s copyright for “Happy Birthday to You” is bunk each asked a California federal judge on Tuesday to gift them a quick win in the putative class action over the ubiquitous song. 

  • November 26, 2014

    Greenberg Traurig Can't Arbitrate $10M Malpractice Suit

    A California appellate panel on Tuesday ruled that Greenberg Traurig LLP can't force a group of real estate developers to arbitrate a $10 million breach of contract suit arising from the botched sale of a Downtown Los Angeles building, saying the firm's arbitration provision only covered conflict of interest claims.

  • November 26, 2014

    Defunct Firm Boss Liable For $4.4M Owed To Atty, Court Says

    A California appellate court on Wednesday affirmed a trial court’s ruling that a name partner of bankrupt law firm O’Reilly & Collins should be on the hook for nearly $4.4 million owed to a former partner for unpaid wages and breach of contract, saying the order didn’t violate a bankruptcy court’s automatic stay.

  • November 26, 2014

    Uber CEO, Execs Must Fork Over Emails In Tip Class Action

    A California federal judge ordered Uber Technologies Inc. CEO Travis Kalanick and two other executives Wednesday to hand over emails to the plaintiffs in a proposed class action accusing Uber of misleading passengers regarding what portion of their tips go to the drivers.

  • November 26, 2014

    9th Circ. Urged To Scrap 'Innocence Of Muslims' Injunction

    A chorus of technology companies, news organizations and online rights groups threw their support behind Google Inc. on Tuesday, telling the Ninth Circuit to overturn its controversial ruling that forced the tech giant to pull an anti-Islam video from YouTube.

  • November 26, 2014

    Netflix Accuses Yahoo CIO Of Taking Kickbacks At Former Job

    Netflix Inc. has accused a former executive who was recently hired as chief information officer at Yahoo Inc. of taking kickbacks from vendors through his consulting company on contracts he was in charge of negotiating and approving at the video streaming company, according to a suit filed in California court.

  • November 26, 2014

    Olshan Guides Investor In $1.35B SF's Parkmerced Deal

    Two New York investors bought a majority interest in San Francisco’s Parkmerced from its private equity owners, valuing the project at $1.35 billion, after a plan to expand the apartment complex cleared legal hurdles, an Olshan Frome Wolosky LLP partner involved in the deal told Law360 on Wednesday.

  • November 26, 2014

    Apple Wins Smartphone Patent Royalties From Samsung

    A California federal judge ruled Tuesday that Apple Inc. is entitled to ongoing royalties from Samsung Electronics Co. Ltd. following a patent infringement verdict this year, closing the book on the district court case and spurring an immediate appeal from Samsung.

  • November 26, 2014

    NLRB Judge Faults Phillips 66 For Employee-Media Policy

    A National Labor Relations Board judge ruled Tuesday that Phillips 66 violated federal labor law during the course of a union organizing campaign at a California refining facility, finding the company threatened employees and unfairly restricted workers from talking to the media.

  • November 26, 2014

    SF Supervisors Pass Predictable Work Schedule Legislation

    Days before the annual Black Friday sales rush, the San Francisco Board of Supervisors passed legislation that extends benefits to part-time employees and aims to make retail work schedules more predictable.

  • November 26, 2014

    Judge Nixes False-Labeling Suit Over Merck Sunscreens

    A California federal judge on Tuesday tossed a proposed class action claiming Merck & Co. Inc. overcharges for its Coppertone sunscreen products with sun protection factors of 55 and above, saying that the U.S. Federal Drug Administration has primary jurisdiction.

  • November 26, 2014

    Mercedes Buyers Seek Liability Ruling In Engine Defect Suit

    A California federal court was urged to find Mercedes-Benz USA liable for making and selling defective engines in certain vehicles, with a putative class arguing the automaker knew of the defect and chose to not disclose it to consumers, in violation of state consumer protection and unfair competition laws.

  • November 26, 2014

    DOD Must Give Sikorsky Contract Data To Small Biz Group

    A California federal court has ordered the Pentagon to cough up never-seen subcontracting data on Sikorsky Aircraft Corp. to an organization representing small businesses, saying the information was not exempt from Freedom of Information Act disclosure because it did not expose privileged financial or business information about Sikorsky. 

  • November 26, 2014

    Calif. Court Says Edwards Wildman Can Protect Internal Docs

    A California appellate court on Tuesday overturned an order that Edwards Wildman Palmer LLP must produce documents in a malpractice suit stemming from a privacy row against the Daily Mail tabloid, saying attorney-client privilege applies to communications within a firm about a client, when the client later sues the firm.

  • November 26, 2014

    Sierra Club Wins Ruling In Greenhouse Gas Reduction Suit

    A California appeals court has thrown out a $200 billion proposed transportation plan developed by the San Diego Association of Governments, finding the plan doesn’t adequately consider future impact on air quality as required by the California Environmental Quality Act.

  • November 25, 2014

    Supervalu Pharmacist OT Row Stays In Fed. Court

    A California federal judge rejected a motion Tuesday to send to state court a proposed class action accusing Supervalu Inc. of not paying pharmacists minimum wage and overtime, unpersuaded by the argument that the case missed the $5 million threshold for staying in federal court.

Expert Analysis

  • A Presumption In Favor Of 'California' Employees

    Barbara E. Tanzillo

    Technology workers from Bangalore, software instructors from Arizona and Colorado, truck drivers in San Diego, and cucumber harvesters in Gilroy, California ... Cases involving workers as varied as these have helped form a body of wage-and-hour law that all California employers, and out-of-state employers sending employees to work in the state, must understand, say Elizabeth Roth and Barbara Tanzillo of GCA Law Partners LLP.

  • Amgen Likely To Be Leading Case Affecting ERISA Pleading

    Fred T. Isquith

    Given the Ninth Circuit decision in Harris v. Amgen Inc., practitioners should be advising their clients of a considerable change in the judiciary’s approach to the responsibilities of fiduciaries in employment plans covered by the Employee Retirement Income Security Act, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • 3 Takeaways From Post-Octane Fitness Cases

    Megan Woodworth

    A review of recent district court opinions assessing motions for attorneys' fees under Section 285 provides some support for the prediction that the U.S. Supreme Court’s decision in Octane Fitness would result in an increase in attorney fee awards to prevailing defendants, say Megan Woodworth and Megan Wood of Dickstein Shapiro LLP.

  • States Still Fighting Bad-Faith Patent Infringement Claims

    Michael Martinez de Andino

    With 17 states having enacted legislation against bad-faith patent infringement assertions and 12 reviewing proposed legislation, states are sending a clear message that the current patent demand letter business model is insufficient to protect companies from unscrupulous patent holders, say Michael Martinez de Andino and Matthew Nigriny of Hunton & Williams LLP.

  • What If States Opt Out Of EPA's Existing Source Rule?

    Scott C. Oostdyk

    The initial legal question surrounding the Obama administration's Clean Power Plan is whether long-standing principles of federalism allow the U.S. Environmental Protection Agency to compel states to enforce a federal program like it — legal precedent establishes that the EPA cannot, say Scott Oostdyk and Duncan Getchell Jr. of McGuireWoods LLP.

  • Calif. Law Is Cause For Caution Among 'Client Employers'

    Anthony J. Amendola

    AB 1897 will make it easier for California workers to pursue claims against "client employers" and their "labor contractors" because they will not need to litigate the fact-specific inquiry of employer control and it will no longer be necessary to evaluate the degree of supervision exercised by the client employer, thereby eliminating one obstacle to class certification, say Anthony Amendola and Grant Goeckner-Zoeller of Mitchell S... (continued)

  • Obama's Immigration Action Is Cause For Celebration

    Robert S. Whitehill

    Though implementation of President Obama's announced changes to U.S. immigration policy on Nov. 20 will take some time and may be slowed by legal action or accelerated by Congress enacting immigration reform, the president's executive action will give hope and relief to millions, which is cause for celebration, says Robert Whitehill of Fox Rothschild LLP.

  • What You Should Know About Using Drones In California

    If you are a drone manufacturer, operator or enthusiast in California, you will want to know what’s going on in your city because, in the absence of federal and state law, city governments have taken notice of drone use and are starting to take action. 2015 will be an interesting year for drone law, says Steven Miller of Hanson Bridgett LLP.

  • Do Lawyers Enjoy Immunity In Drafting Orders For Judges?

    Matthew J. O’Hara

    Not only does the Ninth Circuit decision in Burton v. Infinity Capital Management create a circuit split, but it also exposes lawyers who act at the direction of judges to potential liability — and thereby has the potential of undermining what is ordinarily an orderly process to assist in the administration of the judicial system, says Matthew O’Hara, co-leader of Hinshaw & Culbertson LLP's lawyers professional liability practice group.

  • 9th Circ. Limits Twombly, Iqbal Pleading Standards

    Steven Wilamowsky

    In addition to establishing limits on the equitable mootness doctrine in bankruptcy, the Ninth Circuit’s Mortgages Ltd. decision last week confirms that the tightened federal pleading standards ushered in by Twombly and Iqbal do not give courts license to summarily disregard a party’s factual allegations at the pleading stage simply because they choose not to believe those allegations, say Steven Wilamowsky and Alix Brozman of Bing... (continued)