California

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    Chrysler, Bosch Face Emissions Suit Over 'EcoDiesel' Models

    The American unit of Fiat Chrysler Automobiles NV and German auto parts manufacturer Robert Bosch GmbH were slammed with a proposed class action in California federal court Thursday over the alleged use of illegal “defeat devices” in Dodge Ram and Grand Cherokee models marketed as “EcoDiesel.”

  • December 1, 2016

    Heller Trustee Makes Final Push For Stakes In Ex-Atty Work

    A plea by Heller Ehrman LLP’s trustee in California’s highest court Wednesday may be the last stand for arguments that dissolved partnerships should be able to keep a stake in work that fleeing lawyers take to competitors, as the bankrupt firm enters the final stage in a long clawback saga.

  • December 1, 2016

    Calif. High Court Creates Take-Home Asbestos Liability

    The California Supreme Court on Thursday held that employers can be held liable for injuries caused by secondhand asbestos exposure suffered by the household members of employees exposed to the material, ruling employers have a duty to prevent their workers from carrying asbestos home with them. 

  • December 1, 2016

    Calif. Appeals Court Affirms $2B Gas Plant Approval

    A California appeals court on Wednesday affirmed the California Public Utilities Commission's approval of a power purchase agreement between San Diego Gas & Electric Co. and Carlsbad Energy Center LLC to build a more than $2 billion power plant, dealing a blow to the environmental groups and community group that opposed it.

  • December 1, 2016

    9th Circ. Tells BIA That Killings Constitute Torture

    The Board of Immigration Appeals incorrectly upheld an immigration judge's inference that killing does not constitute torture, the Ninth Circuit said in a published decision Wednesday, while also ruling that the gang described by the Salvadoran immigrant seeking to stay in the U.S. wasn't a particular enough social group to merit a withdrawal from deportation.

  • December 1, 2016

    'Ban The Box' Job Application Law OK'd By LA City Council

    The Los Angeles City Council Wednesday approved a law prohibiting some employers from asking job seekers to disclose any criminal history on their initial application, with the ordinance’s author calling the city’s version of “Ban the Box” one of the most progressive in the nation.

  • December 1, 2016

    Calif. Gov. Names US Rep. Becerra As Golden State Top Cop

    California Gov. Jerry Brown tapped U.S. Rep Xavier Becerra, the first Latino member of the U.S. House Committee on Ways and Means, to replace Kamala Harris as attorney general when she steps down to take on her new role as U.S. senator, the governor said Thursday.

  • December 1, 2016

    Ex-LA Times Reporter Must Testify At Lee Baca’s Trial

    A California federal judge Thursday rejected a former Los Angeles Times reporter’s bid to avoid testifying at former L.A. Sheriff Lee Baca's corruption trial, saying that while the First Amendment concerns of the press were “well-established,” the testimony wouldn’t involve confidential sources or off-the-record conversations.

  • December 1, 2016

    Real Estate Rumors: A&E, Allegra, Deutsche

    A&E Real Estate is reportedly paying $89 million for a Brooklyn multifamily portfolio, Allegra Holdings is said to have bought a Brooklyn office property for $76.5 million, and Deutsche Asset & Wealth Management has reportedly dropped more than $175 million on a Menlo Park office property.

  • December 1, 2016

    Murphy Oil Dooms Nursing Center's Arbitration Rules

    A Los Angeles-area skilled nursing facility violated the National Labor Relations Act through an arbitration policy where employees waive their right to class or collection action, a National Labor Relations Board judge ruled Wednesday, citing the Board’s Murphy Oil ruling.

  • December 1, 2016

    Concrete Co. Beats Meal Break Suit At Calif. Appeals Court

    A California appeals court on Wednesday affirmed a lower court ruling that a concrete mixing company did not illegally deprive a class of workers of meal breaks, ruling the workers were free to take time to eat but most chose not to.

  • December 1, 2016

    DirecTV Slams FTC's 'Tactical' Sanctions Bid In False Ad Suit

    DirecTV pushed back on Thursday against the Federal Trade Commission’s bid for sanctions in a case over allegedly deceptive sales practices by the satellite TV company in California federal court, claiming the request is “transparently tactical.”

  • December 1, 2016

    Dick's Must Face TCPA Claims, But Not Classwide

    The attorney accusing Dick’s Sporting Goods Inc. of sending him text messages in violation of federal privacy law on Thursday survived the retailer’s dismissal bid, but was found by the California federal judge not to be an adequate class representative and was denied a request for certification.

  • December 1, 2016

    'Idol' Contestant's Radar Online Libel Suit Canned On Appeal

    A California appeals court on Wednesday tossed former “American Idol” contestant Corey Clark’s suit alleging gossip site Radar Online defamed him in an article about his dismissal from the show, ruling Clark never showed any evidence that he was defamed.

  • December 1, 2016

    Calif., NY Back Conn.'s Renewable Certificate Program

    California, New York and four other states urged the Second Circuit to find that Connecticut's rules on tradable renewable energy certificates don’t conflict with the U.S. Constitution, saying the issue has implications for their own state programs.

  • December 1, 2016

    Lyft Nears OK On $27M Wage Deal Amid Driver Objections

    A California federal judge indicated Thursday that he’ll likely approve a $27 million settlement resolving allegations the ride-hailing company Lyft shorted Golden State drivers on tips and expenses by misclassifying them as independent contractors, saying objections to the deal aren’t fatal.

  • December 1, 2016

    CareTrust REIT Pays $96M For Texas Portfolio

    California-based CareTrust REIT said Thursday it has acquired three skilled nursing facilities and one skilled nursing campus in the Dallas-Fort Worth area at a purchase price of approximately $95.9 million, including transaction costs.

  • December 1, 2016

    Mr. Brainwash Loses IP Claims Against Las Vegas Festival

    A Las Vegas music festival called “Life is Beautiful” can escape claims by artist Mr. Brainwash that it infringed on his heart designs and “Life is Beautiful” trademark, as a California federal judge ruled Wednesday the artist engaged in inequitable conduct by registering trademarks that cited items he never sold.

  • December 1, 2016

    Jeep Owners Fight 9th Circ. Cert. Ruling Publication Bid

    A decertified class of Jeep owners accusing a Fiat Chrystler unit of selling vehicles with defective windows urged the Ninth Circuit on Wednesday not to publish the court's ruling as requested by the automaker, saying the six-page decision did nothing to alter an existing rule of law in any way.

Expert Analysis

  • Making 'Made in USA' Labels Great Again

    Annie Cai Larson

    What makes a product “Made in USA?” The Federal Trade Commission has a set of standards governing such claims, and has stepped up enforcement in recent years. But courts have disagreed on how to interpret the FTC's rules, and state statutes complicate the picture further, say Annie Cai Larson and Mitchell Morris of McGuireWoods LLP.

  • Judge Cries Foul On MLB Protective Netting Class Action

    Steve Cernak

    Unfortunately for the plaintiffs, because they failed to show that there was a credible or immediate threat that they would be struck by a foul ball while attending a future MLB game, the court dismissed their allegations on Article III standing grounds, and therefore avoided the thornier issues regarding the continuing applicability of the Baseball Rule to the modern sport of baseball, say Steve Cernak and Matthew Kennison of Schiff Hardin LLP.

  • Top 10 Whistleblowing And Retaliation Events Of 2016

    Steven J. Pearlman

    This year saw significant changes to the whistleblower landscape. The most impactful events signal that whistleblower-related risks are not going away and employers need to respond by implementing several practical strategies, says Steven Pearlman of Proskauer Rose LLP.

  • What Is 'Public Interest' Under California Anti-SLAPP Law?

    shafir_felix_horvitzlevy.jpg

    Under California’s anti-SLAPP statute, a court may strike causes of action arising from defendants’ exercise of free speech rights concerning matters of "public interest." But because the statute does not define "public interest," California courts have construed it in varying ways. The California Supreme Court may soon provide guidance, say Felix Shafir and Jeremy Rosen of Horvitz & Levy LLP.

  • Energy Policy In The Trump Era: Part 1

    Christopher Carr

    President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment, and climate change. In the first of a two-part series, Christopher Carr and Robert Fleishman of Morrison & Foerster LLP consider the incoming administration's plans on infrastructure, natural gas, oil and coal, as well as clean and renewable energy.

  • Despite Momentum, Marijuana Remains Risky Business

    John Bessonette

    Voters in eight states legalized marijuana last month and more than one-fifth of Americans now live in states with legal recreational marijuana markets. But marijuana companies still lack adequate access to capital and financial services, say attorneys with Kramer Levin Naftalis & Frankel LLP.

  • Payala V. Wipro Offers Effective Class Litigation Strategy

    John Skousen

    The Central District of California case of Payala v. Wipro Technologies recently addressed the issue of whether the administrative exemption applies to certain information technology administrators. Plaintiff attorneys often attempt to amalgamate IT jobs into one class action, but can face significant difficulties when seeking class certification, says John Skousen of Fisher & Phillips LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • Comparing Patent Quality At The USPTO And EPO

    Colleen Chien

    In this latest article in an ongoing series on patent quality, Professor Colleen Chien of Santa Clara University School of Law and Professor Jay Kesan of University of Illinois College of Law provide a snapshot of comparative patent inputs, processes and outcomes at the European Patent Office and U.S. Patent and Trademark Office.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.