• May 2, 2016

    Hospital Worker Tells 9th Circ. SEIU Reneged On Side Pact

    A Dignity Health hospital worker on Monday told the Ninth Circuit that the SEIU breached its duty to represent her by failing to honor a side deal she struck with the union when she accepted a promotion that would have allowed her to go back to her prior position if the new job were eliminated.

  • May 2, 2016

    FBI Agent’s Suit Over Secret Bathroom Videos Nixed, For Now

    A California federal judge on Monday dismissed an FBI agent's suit accusing the city and county of San Diego of not preventing a federal border officer from secretly recording her and other women in a bathroom at a border patrol station, but allowed her to file an amended complaint.

  • May 2, 2016

    Quaker Oats Contains Possible Carcinogen, Suit Says

    The maker of the iconic Quaker Oats was slammed on Friday with a proposed class action in California federal court claiming that it advertises its oatmeal as 100 percent natural and eco-friendly, when it instead includes a potentially cancer-causing weed killer.

  • May 2, 2016

    GCs Urged To Show Law Firms A Tough Hand On Diversity

    Corporate legal departments that want to create a “best in class” diversity and inclusion program need to be willing to drop the law firms that refuse to aim for the goals clients lay out for them, law department insiders said Monday.

  • May 2, 2016

    Twitter's DOJ Free-Speech Suit Axed, But Door's Open For Fix

    A California federal judge on Monday dismissed Twitter’s claims that the U.S. Department of Justice violated its First Amendment right by prohibiting the release of a government surveillance report, finding that the social media giant failed to challenge the report’s classified status, though she granted leave to amend.

  • May 2, 2016

    9th Circ. Lifts Sanctions On Atty Who Sued Ch. 11 Trustee

    The Ninth Circuit sided with the former attorney for the imprisoned founder of Yellowstone Mountain Club on Monday, reversing a district court decision that sanctioned the lawyer for filing a $9 billion counterclaim against a trustee of the bankrupt ski resort.

  • May 2, 2016

    Del. Judge OKs Molycorp Mine Trustee, Ch. 11 Spinoff

    A Delaware bankruptcy judge sent Molycorp Inc.’s rare earth mine into its own Chapter 11 Monday, severing the idled Mountain Pass, California, site from an already-confirmed plan that restructured the rest of the company and jettisoned most of its $1.7 billion debt.

  • May 2, 2016

    Yelp Investors Fight To Revive Bad Review Suit In 9th Circ.

    A group of investors pleaded with the Ninth Circuit on Monday to revive their proposed class action alleging Yelp Inc. lied to shareholders about the authenticity of reviews on its site, saying the California federal judge who dismissed the case overlooked important facts.

  • May 2, 2016

    RLI Needn't Defend Superfund Site Claims, 9th Circ. Hears

    RLI Insurance Co. urged the Ninth Circuit on Monday to reverse a lower court's decision that it has to defend Northwest Pipe Co. in litigation over a Superfund site in Oregon, arguing that its umbrella insurance policy should never have kicked in because NPC hadn't exhausted all of its primary coverage.

  • May 2, 2016

    Redstone Must Testify In Trial, But Not In Person

    A California judge on Monday ruled that Sumner Redstone, the former chairman of CBS and Viacom, must testify in an upcoming trial over his mental competency and care, but will not have to do it in person, a move the court said was intended to protect the 92-year-old media mogul's dignity.

  • May 2, 2016

    Court Affirms Injury Suit's Dismissal Over Misbehaving Atty

    A California appeals court on Monday said a trial judge properly dismissed a personal injury suit brought by a stable worker against hale bay suppliers over injuries sustained in a fall, saying the woman’s attorney “repeatedly disregarded” the court’s orders and warranted the sanction.

  • May 2, 2016

    9th Circ. Told Apple Must Face Claim It Intercepted Texts

    A lower court was wrong to toss a proposed class action alleging Apple Inc. intercepted and stored text messages, iPhone consumers told the Ninth Circuit on Friday, arguing that Apple intercepted the messages while they were being transmitted and it is possible to determine consumers who were affected.

  • May 2, 2016

    ACLU, Nonprofits Back Immigrant In 9th Circ. SSN Fight

    Nearly a dozen nonprofits have urged the Ninth Circuit to uphold a lower court’s determination that a California agency's question about using an invalid Social Security number negatively affected a Mexican native and violated Title VII of the Civil Rights Act.

  • May 2, 2016

    US Seeks To Tap Convicted Fraudster’s Swiss Account

    The United States is trying to seize funds in a Swiss bank account connected to a convicted fraudster currently serving 22 years in jail following his conviction for scamming millions of dollars from investors, according to a federal court motion filed in California on Friday.

  • May 2, 2016

    SEC Settles With Exec Who Traded On Tokyo Electron Deal

    A former Silicon Valley-based executive for a Japanese semiconductor manufacturer settled with the U.S. Securities and Exchange Commission on Monday, shedding allegations that he made a quarter-million dollars by trading on insider information about Tokyo Electron Ltd.'s $252 million buy of FSI International Inc.

  • May 2, 2016

    Oregon, Allies Ask 9th Circ. To OK Clean Fuel Regs

    The California Air Resources Board, the state of Washington and several environmental groups stood alongside the state of Oregon on Friday, asking the Ninth Circuit to affirm the legality of Oregon's low-carbon fuel standards.

  • May 2, 2016

    Calif. Court Overturns Machine Co.'s Asbestos Liability Win

    A California appeals court on Friday reversed an asbestos suit ruling in favor of car parts machinery maker Hennessy Industries Inc., finding that a company can be held liable for making a product that causes asbestos to be released from another product.

  • May 2, 2016

    9th Circ. Resists Further Review Of Coverage For EPA Reply

    The Ninth Circuit on Monday appeared unlikely to seek the Oregon Supreme Court's help to decide whether an information request issued by the U.S. Environmental Protection Agency constitutes a "suit" triggering an insurer's duty to defend, noting that a previous decision by the federal appeals court already resolved the issue.

  • May 2, 2016

    UPS Urges 9th Circ. To Kill Consultant's Antitrust Case

    UPS urged the Ninth Circuit on Friday not to revive an antitrust suit brought by a shipping rate negotiator alleging UPS and FedEx had conspired to knock it out of business, saying the consultant couldn’t even define the relevant market in which competition was allegedly eliminated.

  • May 2, 2016

    Amazon Says Shopper Can't Skirt Airtight Arbitration Clause Inc. told the Ninth Circuit on Friday that a district court was perfectly reasonable to rely on a purchase agreement's valid and accepted arbitration clause to force a shopper's class complaint over allegedly inflated comparative pricing into arbitration.

Expert Analysis

  • Gig Economy: Changes We Need And Changes We Don't Need

    Joseph V. Kennedy

    Many public officials believe that the sharing economy poses novel dangers that require new government powers. This approach is mistaken. Existing regulations give regulators all the authority they need. In some cases, however, existing law needs to be updated — especially labor law, says Joseph Kennedy, a senior fellow with the Information Technology and Innovation Foundation and former chief economist for the U.S. Department of Commerce.

  • Fed. Circ. Clarifies Venue Selection In Patent Cases

    Jayme Partridge

    The likely impact of the Federal Circuit's decision last week in TC Heartland is that the Eastern District of Texas and the Northern District of California will continue to be popular venues for patent cases and that patent case filings in those districts will increase for 2016, say attorneys with Patterson & Sheridan LLP.

  • Ensuring Compliance With California's Finance Lenders Law

    V. Gerard Comizio

    The California Finance Lenders Law casts a wider net than the lending regimes in other states and has begun to garner more attention from regulators. An entity engaging in any kind of lending in California should closely analyze the parameters of the law to determine whether the entity is exempt or whether it is in compliance with the law’s requirements, say attorneys with Paul Hastings LLP.

  • No Recovery In Calif. For Views Blocked By Public Projects

    Bradford B. Kuhn

    The recent California appeals court case Boxer v. City of Beverly Hills involved the narrow issue of liability for view impairment due to an agency planting trees on government-owned property, but it potentially has a much broader impact and serves as a strong lesson for agencies planning public projects, say Bradford Kuhn and Rick Rayl at Nossaman LLP.

  • Laying The Groundwork For Automotive E-Titles

    Jason S. McCarter

    If implemented as written, the National Highway Traffic Safety Administration's proposed rules for electronic odometer disclosures will affect dealers, lenders, distributors and auction companies as well as ordinary consumers. While the changes are expected to result in cost savings for most they may also cause short-term uncertainty and security concerns, say Jason McCarter and Hannah Winiarski at Sutherland Asbill & Brennan LLP.

  • A Smarter Approach To Renewable Energy Reliance In Calif.

    Jeffrey D. Dintzer

    Pressure from nongovernmental organizations to close the storage facility at Porter Ranch in California is just one example of a concerted effort to damage the state's oil and gas businesses. Instead of badgering the industry, environmental groups should focus on lobbying for legislation to streamline the permitting process for renewable energy projects, say Jeffrey Dintzer and Dione Garlick at Gibson Dunn & Crutcher LLP.

  • Evening The Score: A New Wave Of Equal Pay Act Claims

    Stacie B. Collier

    While the wage discrimination claims filed by the U.S. Women's Soccer Team against the U.S. Soccer Federation don’t present any new or novel issues of law, the case highlights a resurgence of Equal Pay Act claims, based in large part on advocacy to close the national gender pay gap by everyone from famous Hollywood actors to presidential candidates, and now, soccer stars, say Stacie Collier and Steven Nevolis at Nixon Peabody LLP.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Obama Immigration Case: Interpreting The Oral Arguments

    Sujata Ajmera

    While the U.S. Supreme Court has indicated there is some hope for a final resolution over the Obama administration's immigration action, in reality, the chances of a decision one way or another on all of the issues presented is unlikely, and we will likely have a new president and different Congress when we get the final word on the validity of the policy at issue, says Sujata Ajmera at Strasburger & Price LLP.

  • State Tax Fallout From Federal Related-Party Debt Plan

    Jeffrey A. Friedman

    Recently proposed regulations that would create sweeping changes to the federal income tax treatment of related-party debt could also have far-reaching effects for state income tax purposes, particularly on the deductibility of intercompany interest expenses in states that do not adopt consolidated returns or similar rules, say Jeffrey Friedman and Madison Barnett of Sutherland Asbill & Brennan LLP.