• March 3, 2015

    Abercrombie Blasts Workers' Cert. Bid In Apparel Policy Row

    Abercrombie & Fitch Co. told a California federal court Monday that employees claiming they were illegally required to buy the retailer’s clothing for work don’t have enough in common to be certified as a class because their claims are based on contrary oral instructions provided by store managers, not the company’s written policy.

  • March 2, 2015

    USCIS Hammered By Co. Over Stalled Visa For Tech Wiz

    A Michigan technology company on Friday filed suit in a California federal court against U.S. Citizenship and Immigration Services officials for the alleged illegal denial of an L-1B visa for an Indian programmer, arguing that immigration authorities abused their discretion in denying the visa.

  • March 2, 2015

    Judge Nixes MLB Bid To Link San Jose, Minor Leaguer Suits

    A class action against Major League Baseball over pay for minor leaguers and an antitrust suit over the relocation of the Oakland Athletics have little in common other than involving the baseball antitrust exemption, a California federal judge said Monday in denying a request from the MLB to relate the two disputes.

  • March 2, 2015

    Ex-HP Chair Called Kleiner Partners' Affair A 'Molehill'

    After Ellen Pao, now Reddit's interim CEO, reported her affair with a Kleiner Perkins Caufield & Byers LLC colleague she later claimed sexually harassed her, Kleiner executive and former Hewlett Packard Chairman Raymond Lane told her not to make a “mountain out of a molehill,” he testified Monday in Pao's trial accusing the firm of gender discrimination.

  • March 2, 2015

    Unapproved Deal Dooms OneWest's Suit, Insurer Tells Judge

    Houston Casualty Co. on Monday urged a California federal judge to toss OneWest Bank FSB's suit alleging the insurer wrongfully refused to cover the bank's costs in a mortgage-backed securities suit, saying OneWest failed to obtain its required written approval prior to reaching a settlement.

  • March 2, 2015

    Calif. High Court's CEQA Ruling Won't End Project Disputes

    The California Supreme Court ruled Monday that a Berkeley developer's proposed new home construction doesn't require an environmental impact report under the California Environmental Quality Act, providing clarity on the broad environmental law but leaving room for project opponents to potentially find ways around single-family home and other exemptions, lawyers say.

  • March 2, 2015

    9th Circ. Tackles How To Serve Foreign Cos. With Lawsuits

    The Ninth Circuit has agreed to hear a key question over how foreign companies can be served with lawsuits through their U.S. subsidiaries under California law, an issue contested in a $40 million False Claims Act suit against a Kuwaiti contractor.

  • March 2, 2015

    Immigrants With Mental Disorders Get New Legal Help Deal

    The plaintiffs who successfully secured free legal representation for individuals with mental disabilities in immigration proceedings unveiled a new settlement in California federal court Friday that could reopen a slew of cases for class members ordered for deportation.

  • March 2, 2015

    Judge Says Wells Fargo False Ad Class Claims 'Torpedoed'

    A California federal judge on Monday asked for additional briefing before ruling whether Wells Fargo Bank NA can force a Visa-branded gift card purchaser to arbitrate her claims of deceptive marketing, but noted that the plaintiffs’ argument against arbitration raised individual questions that render class claims “torpedoed.”

  • March 2, 2015

    UFC Goes For The Knockout In Fighters' Antitrust Action

    The company behind the Ultimate Fighting Championship on Friday slammed an antitrust putative class action filed by its fighters, saying claims that the UFC's exclusive deals with its mixed martial artists violate antitrust laws are "implausible" and that the contracts do more to encourage competition than suppress it.

  • March 2, 2015

    Essex Property Trust Pays $200M For Downtown LA High-Rise

    West Coast real estate investor Essex Property Trust paid $200 million to developer Wood Partners for a 290-home, luxury high-rise apartment seen as key to revitalizing downtown Los Angeles, the companies said late Friday.

  • March 2, 2015

    EPA’s Sulfur Dioxide Designation Deal With Enviros OK'd

    A California federal judge on Monday approved an accord requiring the U.S. Environmental Protection Agency to meet new extended deadlines on identifying sulfur dioxide violations that some states had opposed as collusive.

  • March 2, 2015

    Chamber Slams 9th Circ. TCPA Ruling In High Court Brief

    The U.S. Chamber of Commerce has blasted the Ninth Circuit’s decision to revive a potential class action against longtime U.S. Navy advertising partner Campbell-Ewald Co. over a mass text message, arguing in an amicus brief filed with the U.S. Supreme Court that the ruling discourages settlements.

  • March 2, 2015

    Calif. City To Vote On Allowing Oil Co. To Drill Despite Ban

    Hermosa Beach, California, residents will vote Tuesday on whether to create an exception to the city’s ban on oil drilling that would allow E&B Natural Resources Management Corp. to move forward with a controversial project that it claims will provide $519 million in projected revenue for the city.

  • March 2, 2015

    High Court Urged To Overturn Abood Union Fee Ruling

    The National Right To Work Legal Defense Foundation Inc. urged the U.S. Supreme Court on Friday to review a group of California teachers' challenge to union fees and overrule the high court's 1977 Abood ruling, which gave states a green light to require public workers to pay union agency fees.

  • March 2, 2015

    PacWest Ponies Up $849M In Stock For Square 1

    PacWest Bancorp, the holding company for Pacific Western Bank, will drop $849 million in stock to acquire Square 1 Financial Inc. as PacWest looks to diversify its lending portfolio to venture-backed technology and life sciences companies, the banks said Monday.

  • March 2, 2015

    Restoration Hardware Sues 3 Cos. Over Knockoff Chandeliers

    Restoration Hardware is accusing two smaller companies of using copyrighted images of the high-end retailer’s merchandise to sell their own patent-infringing knockoff versions.

  • March 2, 2015

    Judge Koh Nears OK Of $415M Apple, Google Anti-Poach Deal

    U.S. District Judge Lucy H. Koh on Monday signaled she would preliminarily approve a $415 million settlement to end the high-profile antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing not to poach each other’s software engineers, months after rejecting a $325 million deal as too small.

  • March 2, 2015

    Michael Kors Denied OT To Calif. Managers, Class Action Says

    A former Michael Kors Stores Inc. employee has claimed she was denied overtime pay and meal breaks during the two years she worked for a Michael Kors shop in a proposed class action that was removed to California federal court on Friday.

  • March 2, 2015

    Costco Says J&J Blocked Contact Lens Discounts

    Discount retailer Costco Wholesale Corp. hit Johnson & Johnson’s contact lens unit with an antitrust suit on Monday in California federal court, alleging that it is creating pricing floors for Acuvue lens in order to stifle competition.

Expert Analysis

  • How To Bolster Your Ascertainability Challenge

    Cyrus Abbassi

    In a court willing to consider affidavits to ascertain class membership, a defendant has a greater chance of arguing that a class is not ascertainable where consumer affidavits are vulnerable to confusion or lapses in a purchaser’s memory, says Cyrus Abbassi of Burr & Forman LLP.

  • Privacy Settings Won't Keep Social Media Posts Out Of Court

    Robin Perkins

    A Florida appellate court recently upheld a lower court’s order compelling the plaintiff to produce photographs originally posted to her Facebook page. This ruling in Nucci v. Target Corp. adds to the growing body of law holding that data and information posted on social media websites is not subject to special protection, say Robin Perkins and Casey Perkins of Snell & Wilmer LLP.

  • This Week In Congress: Netanyahu's Controversial Visit

    Richard A. Hertling

    As predicted, Congress managed to avoid a Department of Homeland Security shutdown, but the continuing resolution was shorter than expected. Both chambers will need to spend time this week trying to resolve the funding issue. Meanwhile, other issues remain up in the air as attention turns to Iranian nuclear development, with the Israeli prime minister scheduled to address Congress on Tuesday, say members of Covington & Burling LLP.

  • Oakland Pushes Ahead With Progressive Wage-And-Hour Laws

    Katherine S. Catlos

    Far from Gertrude Stein’s description of her former hometown — “there is no there there” — Oakland is poised to be a frontrunner in terms of progressive wage-and-hour protections in California. The transportation industry, hotels and restaurants will likely be the first to feel the impact, say Katherine Catlos and Gabriel Rubin of Kaufman Dolowich & Voluck LLP.

  • Not Exactly A Solution To Creditors' Nightmares

    Robert K. Edmunds

    In commercial and real estate disputes, California courts have consistently refused to permit a creditor to recover the full amount of a debt following the debtor's breach of the settlement agreement. A decision in Jade Fashion & Co. Inc. v. Harkham Industries Inc. might suggest that forbearance agreements could be the solution, but creditors would be wise to view the ruling as muddying the waters rather than providing clarity, say... (continued)

  • What Amazon Giveaway Means For Sweepstakes Laws

    S. Gale Dick

    Having radically reshaped publishing, retail and digital content, Amazon in February showed its intent to do the same to sweepstakes. Yet Amazon Giveaway's rules are notable in that they eschew many of the precautions taken by promoters of nationwide sweepstakes concerned with running afoul of antiquated state lottery laws, say attorneys with Cohen & Gresser LLP.

  • Can Federal Immigration Law And AB 60 Be Reconciled?

    Mary E. Pivec

    Employers now face a Hobson’s choice when it comes to structuring a policy position on whether to accept California A.B. 60 driver’s licenses as valid identity documents in the I-9 employment verification process, says Mary Pivec of FordHarrison LLP.

  • 2 Years Of Clapper: Takeaways From 12 Data Breach Cases

    Andrew Hoffman

    Feb. 26 marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA. Federal district courts in at least 12 data breach cases have applied Clapper, and while the majority have concluded that Clapper mandates dismissal for a lack of standing, some courts have found that standing exists, says Andrew Hoffman of InfoLawGroup LLP.

  • Defining Atty Fee Enforceability In Illegal Contracts

    Sylvia S. Arostegui

    California courts have previously enforced attorneys' fees provisions in a real estate purchase contract even though the underlying contract was illegal. However, in Mountain Air Enterprises v. Sundowner Towers, a state appeals court distinguished prior decisions and clarified when a party can recover attorneys' fees under a real estate purchase contract that is ruled to be illegal, say Sylvia Arostegui and Brendan Macaulay of Nossaman LLP.

  • Pensions Are Now On The Restructuring Table, For Real

    Karol K. Denniston

    Thanks to Judge Chris Klein’s recently issued confirmation opinion in Stockton’s bankruptcy case, no longer will cities be able to avoid dealing with pensions in California out of a fear of facing off with CalPERS and its massive bank account, says Karol Denniston of Squire Patton Boggs LLP.