• June 30, 2016

    Affymetrix Investor Settles Suit Over $1.3B Thermo Fisher Sale

    An Affymetrix shareholder will settle proposed class claims alleging the biotech’s $1.3 billion buyout by Thermo Fisher resulted from a curtailed sales process due to a conflict of interest with its financial adviser, Morgan Stanley, according to a letter in California federal court.

  • June 30, 2016

    Lions Gate, Starz To Combine In $4.4B Cash, Stock Deal

    Lions Gate Entertainment Corp., producer of the popular “Hunger Games” franchise and “Orange is the New Black,” will buy premium television company Starz Entertainment LLC in a $4.4 billion cash and stock deal, announced Thursday, creating a company with a 16,000-title film and television library.

  • June 30, 2016

    US Gov't Forgave $171M In Loans For Corinthian Students

    The U.S. government has forgiven $170.7 million in federal student loan debt incurred by students defrauded by Corinthian Colleges Inc., according to a U.S. Department of Education report released on Wednesday.

  • June 29, 2016

    Daikin Nears Nixing Defective Air Conditioner Row, For Now

    A California federal judge on Wednesday tentatively dismissed a putative class action from condo owners claiming air conditioners made by a Daikin unit are defective and require repairs, but indicated she’d grant a fourth chance to make claims based on a warranty the owners only recently obtained.

  • June 29, 2016

    Time Warner Worker Again Fails To Salvage Wages Suit

    A California federal judge on Wednesday refused to let a Time Warner Cable LLC sales representative alleging wage violations by the cable giant avoid federal jurisdiction, saying the amount in controversy clearly meets federal standards and thus denying a motion Time Warner has called “outlandish” and sanctionable.

  • June 29, 2016

    Pom Wins TM Victory Over Competitor's 'Pom' Flavor Name

    A California federal judge handed a trademark win to Pom Wonderful LLC on Wednesday, saying Oregon-based beverage maker Pur Beverages Inc. couldn’t prove the word “pom” was generic, while also ruling Pom Wonderful’s use of a heart-shaped “o" did not deviate far enough from its "POM" trademark to constitute abandonment of the mark.

  • June 29, 2016

    Judge Nixes PG&E Bid To Ax Evidence In Pipeline Blast Trial

    A California federal judge on Wednesday refused a bid by Pacific Gas & Electric Co. to block a swath of evidence from its criminal trial over claims it deliberately mishandled records of a San Bruno pipeline, leading to a deadly 2010 explosion, calling it premature and chastising the utility for seeking to revisit a prior order.

  • June 29, 2016

    Feds, LA Slam Class Bid In Immigrant Detainee Suit

    Two U.S. citizens can’t represent a proposed class of immigrants who say Los Angeles County officers held them unlawfully based on federal detainment orders, the U.S. Department of Homeland Security told a California federal court Tuesday.

  • June 29, 2016

    Facebook Likes Spokeo In Bid To Toss Face-Tagging Suit

    Facebook asked a California federal court Wednesday to toss a consolidated suit filed by account holders in Illinois who allege the social network’s facial-recognition and tagging features violate their state's Biometric Information Privacy Act, saying there’s no proof the features caused anyone any real harm.

  • June 29, 2016

    Lipozene Buyer Seeks Class Cert. In False Advertising Row

    A woman who purchased the allegedly ineffective weight loss supplement Lipozene asked a California federal court Wednesday to certify a class of buyers in a suit accusing the supplement's maker and marketer of ignoring a 2005 injunction to stop making false claims about its efficiency.

  • June 29, 2016

    Disney Can’t Get Costs In Ex-Exec’s Tossed Age Bias Suit

    A California judge on Wednesday rejected Disney’s request for costs in a tossed suit from a former executive alleging he was booted after 26 years due to his age, saying the case wasn’t “objectively without foundation” as required under the state high court’s recent Williams decision.

  • June 29, 2016

    When To Cut An Underperforming Partner Loose

    In an environment where clients have many options for counsel and little tolerance for waste, it’s become more important than ever for law firms to trim the fat. Here, experts offer their advice on when it’s time to cut an underperforming partner loose.

  • June 29, 2016

    Google Job Candidates Seek Certification In Age Bias Suit

    A systems engineer suing Google Inc. for allegedly discriminating against older individuals in the hiring process asked a California federal judge Wednesday to conditionally certify the proposed class and order the tech company to produce names and contact information for potential class members.

  • June 29, 2016

    Goodyear, Fennemore Atty Can't Ditch Sanctions, Justices Told

    Two married couples who secured $2.7 million in discovery fraud sanctions against Goodyear and a Fennemore Craig PC attorney in a tire liability suit have told the Supreme Court that the two haven’t presented any compelling reasons for the high court to take up the suit and overturn the sanctions.

  • June 29, 2016

    Facebook Beats Cert. Bid In Long-Running Privacy Class Suit

    Facebook Inc. defeated a class certification bid by a group of users who allege the company breached a privacy agreement by sharing their user information with third-party advertisers, according to an order in California federal court Wednesday.

  • June 29, 2016

    SEC's LA Enforcement Boss To Lead Asset Management Unit

    Less than six months after being promoted to head of securities enforcement in a western region of the U.S., C. Dabney O’Riordan has been named co-chief of the Asset Management Unit in the U.S. Securities and Exchange Commission's Division of Enforcement, the regulator said on Tuesday.

  • June 29, 2016

    Fitbit Alleges Jawbone Misrepresented Product In IP Row

    Fitbit Inc. told a California federal judge on Tuesday that its competitor Jawbone is misrepresenting the way its own products work in an attempt to skirt patent infringement claims, furthering an ongoing intellectual property rivalry between the wearable tech manufacturers.

  • June 29, 2016

    SEC Says Family Tip Meant Gains From Apple’s Tech Co. Buy

    The U.S. Securities and Exchange Commission on Wednesday accused the brother of an executive at fingerprint sensor maker AuthenTec Inc. of insider trading on information it says he heard about the company’s 2012 acquisition by Apple.

  • June 29, 2016

    Hanergy Demands $9.6M Owed Under Solar Project Deal

    Hanergy America Solar Solutions pressed a federal court on Monday to rule that a company newly purchased by PSEG Solar California LLC must cough up more than $9.63 million under a contract for a solar electric generating plant.

  • June 29, 2016

    Optical Disk Drive Buyers Seek OK For $125M In Settlements

    Consumers who bought optical disk drives and computers containing those components asked a California federal judge on Tuesday to approve $124.5 million worth of settlements, including newly unveiled deals with Sony and Hitachi-LG Data Storage, in litigation over an alleged price-fixing scheme.

Expert Analysis

  • Clean Energy Incentive Program Creates More CPP Confusion

    Charles T. Wehland

    The U.S. Environmental Agency's position regarding its recently proposed Clean Energy Incentive Program makes it challenging for states and the regulated community to understand and implement Clean Power Plan requirements, and is also contrary to relevant precedent, say attorneys at Jones Day.

  • Appeals Court Saves Private Partnerships In California

    Norman F. Carlin

    In a pair of recent decisions, a California appeals court endorsed a practical approach to California Environmental Quality Act compliance for public-private partnerships, which could be applied to a wide range of agreements between public agencies and private entities, say Norman Carlin and Emily Burkett at Pillsbury Winthrop Shaw Pittman LLP.

  • Price Check: Uncertain Outcomes In Advertised Price Cases

    Christopher Finnerty

    Plaintiffs attorneys have recently begun suing retailers for advertising products as discounted in outlet stores when those products were not sold at full price in nonoutlet stores. However, the decisions issued to date show that different federal courts have reached somewhat different conclusions, say attorneys at K&L Gates LLP.

  • How To Manage Your Law School Debt After Graduation

    Andrew Josuweit-headshot.jpg

    Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.

  • Making Rule 68 Offers Of Judgment In Employment Cases

    Excerpt from Lexis Practice Advisor
    A. Jonathan Trafimow

    Federal Rule of Civil Procedure 68 provides defendants with the ability to make an offer of judgment in order to pressure plaintiffs to settle. Jonathan Trafimow at Moritt Hock & Hamroff LLP outlines whether and how to make an offer of judgment in employment cases, the potential benefits and disadvantages, and the various state and federal laws that govern Rule 68.

  • Claim Construction At PTAB And Its Effect On District Courts

     Andrew R. Sommer

    When faced with claim construction decisions from other districts or judges, many courts give “reasoned deference” to the earlier opinion, and have applied a similar rubric to evaluating Patent Trial and Appeal Board claim construction decisions. Others, however, appear to have amplified the deference. Still others have refused to give any deference, says Andrew Sommer of Winston & Strawn LLP.

  • Forming Drug Test Policies Through A Haze Of Marijuana Laws

    Amanda Wingfield Goldman

    When it comes to protections for medical marijuana users, the tide appears to be turning as some states are revising their laws to include specific discrimination protections for employees. Amanda Wingfield Goldman at Coats Rose Ryman Yale & Lee PC provides practical steps for drafting drug testing policies in states where medical marijuana is legal, and states where recreational and medical marijuana is legal.

  • New Vt. Drug Pricing Law Will Have A Limited Impact

    Joanne L. Zimolzak

    If, as Vermont's new drug pricing law itself expresses, transparency is merely the first step to health care cost control, patients need and deserve to know: What is the next step? Vermont will eventually be faced with more daunting questions around what actions it will take to rein in these costs and what impact those changes will have on patients, say attorneys at Dentons.

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.

  • Calif. Court Protects Against Post-Litigation Discovery

    Jennifer A. Williams

    While California courts have entertained the notion that an insurer’s conduct during coverage litigation may be considered evidence of bad faith under extremely limited circumstances, they more consistently recognize that an insurer — like any litigant — is entitled to a fair day in court, as illustrated by a California federal court's recent decision in Genesis Insurance v. Magma Design, says Jennifer Williams at Wiley Rein LLP.