California

  • August 26, 2016

    Calif.'s Strict Child Vaccination Law Stays In Effect For Now

    A California federal judge declined Friday to temporarily bar state law requiring all children to be vaccinated before going to school or day care regardless of personal beliefs, giving the state and its agencies an early victory in defending one of the toughest vaccination laws in the country.

  • August 26, 2016

    HSBC To Pay $13M To End Privacy Row Over Recorded Calls

    HSBC Card Services Inc. has agreed to pay $13 million to resolve a consolidated proposed class action accusing the company of unlawfully recording debt-collection calls without the consent of consumers, according to documents filed Friday in California federal court.

  • August 26, 2016

    Appeals Court Questions Royalty Pact For Beats Headphones

    A California appeals court considering whether to revive claims that Dr. Dre’s Beats Electronics cut the designer behind its first headphones out of royalties for subsequent models asked Friday if the designer’s deal was murky and why a patent on his work also covers another Beats product.

  • August 26, 2016

    GM Unit OnStar Can Arbitrate Unauthorized Charges Claim

    GM unit OnStar LLC won its bid in California federal court Thursday to compel arbitration of a putative 6 million-member class action over alleged unauthorized subscription charges, finding the woman bringing the suit agreed to settle her dispute in arbitration when she activated OnStar's in-vehicle communication and navigation service.

  • August 26, 2016

    Judge Halves Ex-LA Sheriff's ‘Irrational’ Free Speech Award

    A California federal judge Friday denied Los Angeles County Sheriff Leroy Baca's bid for a new trial on the damages a department assistant suffered when Baca punished her for supporting a rival candidate for sheriff, but slashed the “irrational” $750,000 jury verdict in half.

  • August 26, 2016

    USA Water Polo Beats Player Concussion Suit

    A California federal judge on Friday threw out a putative class action against USA Water Polo Inc. brought by the parent of an injured teenage female player, saying the second amended complaint’s attempts to refashion the negligence claim to overcome dismissal are “untenable.”

  • August 26, 2016

    Ugly IP Feud Results in Sanction Call For Counsel

    Witness-coaching by a New York lawyer and repeated instances of bad deposition conduct in a combative trade secrets case violated a court order and justify sanctions, a California magistrate judge said in a Thursday decision.

  • August 26, 2016

    Kimberly-Clark Surgical Gown Buyers Near Cert. In Safety Suit

    A California federal judge on Friday tentatively ruled that a California medical center and other buyers of Kimberly-Clark surgical gowns can proceed as a class on claims the manufacturer failed to disclose to customers that some gowns had failed industry safety tests.

  • August 26, 2016

    Trader Joe's TM Claim Against Canada's 'Pirate Joe' Revived

    The Ninth Circuit in a published opinion on Friday partly revived a trademark infringement suit from Trader Joe’s against a man who created “Pirate Joe’s” in Canada, a store populated with goods he purchased from the chain grocer in the United States. 

  • August 26, 2016

    3 Cos. Boost IPO Pipeline With $250M In New Filings

    A venture-backed technology startup, Chinese data analytics provider and branded cosmetics company filed initial public offerings totaling $250 million on Friday, boosting a thin IPO pipeline that is beginning to show signs of emerging from late-summer doldrums.

  • August 26, 2016

    California Disbars Lawyer Who Fired Stun Gun In Deposition

    A California attorney who fired a stun gun near opposing counsel during a deposition was disbarred by the state Supreme Court after he failed to show up to a trial in his disciplinary proceeding, according to the court’s weekly conference results posted Thursday.

  • August 26, 2016

    Ex-Reuters Editor Asks 9th Circ. To Undo Hacking Conviction

    Reuters' former social media editor Matthew Keys has urged the Ninth Circuit to overturn his conviction for helping a hacker group break into the Los Angeles Times’ website and alter content, arguing that prosecutors introduced “irrelevant and highly prejudicial” evidence and damages theories at trial. 

  • August 26, 2016

    Stanford Sex Assault Judge Reassigned To Civil Division

    The California state judge who gave what many have called an unconscionably light sentence to a former Stanford athlete convicted in a campus sex assault has been reassigned to hear civil cases at his request.

  • August 26, 2016

    Yahoo Email Privacy Deal OK'd With $4M In Attys' Fees

    Yahoo Inc. will stop scanning emails for advertising purposes before users have a chance to read them, among other changes, and pay $4 million in attorneys' fees to settle a privacy class action, according to a deal approved Thursday by a California federal judge.

  • August 26, 2016

    SEC Slaps Calif. Waste-To-Construction Co. With Fraud Suit

    The U.S. Securities and Exchange Commission targeted California waste-to-construction company Enviro Board Corp. and its co-founders with a fraud suit Friday, alleging they raised $6 million from investors in recent years by lying about the prospects of a company with no revenue.

  • August 26, 2016

    Tribe Members Want Final Judgment In Embezzlement Fight

    Paskenta Band members told a California federal judge on Thursday that to protect against their incurring further expenses, he should finalize the dismissal of claims brought against them by ex-tribal officials who themselves are accused by the tribe of a sprawling embezzlement scheme.

  • August 26, 2016

    Ex-Logitech Execs To Face Inflated Earnings Suit, SEC Says

    The U.S. Securities and Exchange Commission on Thursday pushed back against two former Logitech International SA executives’ efforts to duck the agency’s securities fraud suit accusing them of lying about the firm’s bottom line, calling its claims adequately pled.

  • August 26, 2016

    Rainmaker Q&A: Sklar Kirsh's Andrew Kirsh

    Ninety-five percent of most client pitch meetings are personal discussions, sharing life stories. Rarely do they delve into hypotheticals on how you would handle a particular transaction, says Andrew Kirsh, founding partner at Sklar Kirsh LLP.

  • August 26, 2016

    Thor Equities Sells San Francisco Building In $375M Deal

    Thor Equities LLC said Thursday that it has sold a 11-story mixed-use property in San Francisco’s Union Square after an eight-year hold.

  • August 26, 2016

    DOJ Warns Against Restricting Court Reporting Contracts

    The U.S. Department of Justice’s Antitrust Division on Friday cautioned the California legislature against the potential anticompetitive effects of proposals to ban or limit contracts between court reporters and third parties, saying that such restrictions can cause barriers to entry.

Expert Analysis

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • Litigation Privilege And Good Faith Under California Law

    Joan M. Cotkin

    Understanding the intersection between litigation privilege and the obligation of good faith and fair dealing can be tricky. In California, there is substantial case and statutory law immunizing bad faith communications, but a small sliver of bad faith conduct may still be actionable, according to Joan Cotkin and Steven Knott of Nossaman LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • What Happens When A State Runs Out Of Money?

    Joseph V. Kennedy

    A number of states, including Illinois, New Jersey and Ohio, could become insolvent in the next two decades. It is not too early for Congress and the next president to start planning. Both the Detroit and Puerto Rico bankruptcies were preceded by years of denial in the face of increasingly inevitable facts, says Joseph Kennedy, former chief economist for the U.S. Department of Commerce.

  • OPINION: Overreaction Over 3rd-Party Class Action Funding

    Ralph Sutton

    A California district court's recent decision to compel a class action plaintiff to produce his confidential litigation funding agreement to the defendant in Gbarabe v. Chevron is being hailed as a ruling that will have a profound impact on the practice of third-party funding of class actions. However, a closer look at the ruling suggests the reaction may be overblown, say Ralph Sutton and Julia Gewolb at Bentham IMF.

  • Exploring The Limits Of The At-Will Employment Doctrine

    Laura Lawless Robertson

    In jurisdictions where the at-will employment doctrine is recognized, employers are advised to zealously protect this right, including disclaimers in employee handbooks and other employment documents. But two recent federal appellate decisions out of the Fifth Circuit and Ninth Circuit suggest that even this hallowed doctrine is not without its limits, says Laura Lawless Robertson at Squire Patton Boggs LLP.

  • Conflicting Courts On Neutral Canons

    Ashley Johnson

    Although the "last-antecedent canon" and the "series-qualifier canon" may sound like neutral grammatical principles, they carry different weights and are applied differently depending on the court. Ashley Johnson and Will Thompson of Gibson Dunn & Crutcher LLP explore two fundamentally different approaches by the Texas Supreme Court and U.S. Supreme Court.

  • The Next Justice's Impact On The Indian Child Welfare Act

    Matthew L.M. Fletcher

    Since Justice Antonin Scalia's death, the remaining eight Supreme Court justices have been deadlocked on interpretations of the Indian Child Welfare Act. Professor Matthew Fletcher of Michigan State University College of Law discusses recent cases concerning adopted Indian children, and the legal battles the private adoption industry has been waging against adoption laws.

  • Looking For Balance In Principle-Based Reserving

    Frederick J. Pomerantz

    Life insurers need to be competitive and profitable in the 21st century. But they also need to remain solvent and be able to meet their financial obligations. Principle-based reserving — which is being implemented in many states — may strike the balance that the industry and regulators are striving for, say Frederick Pomerantz and Aaron Aisen of Goldberg Segalla LLP.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.