• December 6, 2016

    Insider Trading Law Remains Murky After High Court Ruling

    The U.S. Supreme Court’s decision Tuesday upholding the government's insider trading case against Bassam Salman is a victory for prosecutors hampered by the Second Circuit’s Newman decision, experts said, but the justices' narrow holding won't resolve the long-standing question of who qualifies as a friend under the court's insider trading precedent.

  • December 6, 2016

    High Court Gets 2nd Petition On State Securities Suits

    FireEye Inc. wants the U.S. Supreme Court to decide once and for all that state courts can’t hear shareholders’ securities fraud claims under the Securities Act of 1933, asking the justices on Tuesday to take on its case and combine it with another the court is considering.

  • December 6, 2016

    Calif. Court Affirms AIG's Win On Worker Injury Coverage

    A California appeals court held Tuesday that Topa Insurance Co. can't pursue reimbursement from an American International Group subsidiary for any of the $5 million it paid to help settle an injured construction worker's claims against a general contractor, finding that there was no coverage for the claims under the AIG unit's excess policy.

  • December 6, 2016

    American Apparel Notifies 3,500 Workers Of Possible Layoffs

    American Apparel has warned nearly 3,500 of its California workers of possible layoffs, according to a document published by the state's Employment Development Department.

  • December 6, 2016

    BMW Says Mini Cooper Leaky Engine Claims Still Fail

    After multiple attempts at amendment, the consumer leading a proposed class action in California accusing BMW of hiding an engine defect in its popular Mini Cooper cars still fails to support her theory with any concrete evidence, and her claims should be dismissed permanently, the automaker said Monday.

  • December 6, 2016

    SBE's Nazarian Heading To Trial Over Miami Hotel Deal

    Sam Nazarian and his SBE Entertainment Group escaped some causes of action in a suit brought by an investor in a Miami hotel project who claimed to have received nothing when the project was sold for $125 million, but will head to trial in California next month over the remaining claims.

  • December 6, 2016

    Firm Tells 9th Circ. Atty's $2.5M Jet Bill Is Deductible

    Los Angeles plaintiffs’ firm Engstrom Lipscomb & Lack urged the Ninth Circuit on Tuesday to allow it to deduct as a business expense $2.5 million a name partner paid an aviation company he co-owned, arguing the attorney was just fronting payment for clearly firm-related flights.

  • December 6, 2016

    9th Circ. Urged To Reconsider Immigrant Kids’ Right To Attys

    Attorneys representing immigrant children in a dispute over whether the minors have the right to legal representation in deportation proceedings urged the Ninth Circuit on Monday to rehear a panel’s earlier ruling that the court does not have jurisdiction over the matter.

  • December 6, 2016

    USA Labeling Suit Against Denim Co. Lacks Facts, Court Says

    A California federal judge on Tuesday dismissed a proposed class action accusing denim maker Citizens of Humanity LLC of falsely asserting that its apparel is made in the U.S., saying the customers suing the company failed to show how its products contain foreign materials.

  • December 6, 2016

    Dental Clinic Operator Faces Suit Over Kids' Root Canals

    A young girl and her guardian slapped a company that operates nearly a dozen dental clinics in California with a state-court suit Monday, contending that Children’s Dental Group performed unnecessary root canals on children’s baby teeth, opening kids up to infection and other complications in the process of maximizing insurance payments.

  • December 6, 2016

    Ala., NH Look To Move VW Emissions Suits Back Home

    Alabama and New Hampshire on Tuesday asked to transfer their diesel emissions lawsuits against Volkswagen AG from the multidistrict litigation in California to their respective state courts, joining several other states seeking to move their cases back home.

  • December 6, 2016

    Green Dot, MasterCard Reach Deal Over Debit Disruption

    Green Dot Corp. and MasterCard Inc. agreed to pay up to $6.4 million to compensate a class of Walmart MoneyCard holders who sued over a three-day disruption in service that cut off access to the consumers’ funds, according to papers filed in California court Monday.

  • December 6, 2016

    Crunch Gym Member Takes TCPA Fight To 9th Circ.

    A member of gym chain Crunch San Diego LLC on Tuesday urged the Ninth Circuit to revive his putative class action accusing Crunch of spamming its members’ cellphones with promotional text messages, arguing the company contacted its members with an illegal autodialing system.

  • December 6, 2016

    Calif. DA Fined $45K For Personal Buys With Campaign Funds

    A district attorney in the San Francisco Bay Area has agreed to pay a $45,000 fine to California’s Fair Political Practices Commission for spending about $66,000 in campaign funds for personal expenses over several years, the commission said on Tuesday.

  • December 6, 2016

    ACC Joins $3.8M Fight Over Sheppard Mullin Conflict Waiver

    The Association of Corporate Counsel has joined a host of companies in their support of J-M Manufacturing as it opposes Sheppard Mullin Richter & Hampton LLP’s appeal of a $3.8 million fee forfeiture order at the California Supreme Court, agreeing that the firm’s “open-ended” advance conflict waiver should remain invalid.

  • December 6, 2016

    Private Attys Told Not To Diminish VW Class Recovery Funds

    U.S. District Judge Charles Breyer on Monday told private attorneys involved in the Volkswagen diesel emissions multidistrict litigation in California federal court that they are not allowed to take any portion of settlement proceeds destined for their clients to satisfy attorneys’ fee debts.

  • December 6, 2016

    Calif. Lawmaker Floats Superbug Infection Tracking Bill

    A California state senator introduced a bill Monday that would require hospitals and labs to report antibiotic-resistant infections and resulting deaths and mandate that doctors list these infections on death certificates if they are found to be a contributing factor.

  • December 6, 2016

    Enviro Challenge To Downtown LA Subway Axed By 9th Circ.

    The Ninth Circuit said Tuesday that federal and local transit agencies sufficiently vetted the environmental impacts of a subway expansion project in downtown Los Angeles, rejecting a suit from nearby hotel and property owners alleging officials failed to consider noise and light disturbances and construction alternatives.

  • December 6, 2016

    Supplement Buyer Stands Behind False Ad Accusations

    A consumer blasted efforts by BPI Sports LLC and related companies to escape a proposed class action alleging false advertising of a product’s weight-loss benefits on Monday, contending in California federal court that the supplement companies clearly made misleading claims and their efforts to argue otherwise are unavailing.

  • December 6, 2016

    Jones Day, Davis Polk Steer $3.6B Verizon-Equinix Deal

    Jones Day represented Verizon Communications Inc. in connection with its $3.6 billion sale of 29 data center buildings — including properties in California, Illinois, New York and Texas — and related operations to Equinix Inc., which has counsel from Davis Polk & Wardwell LLP, according to an announcement from the companies on Tuesday.

Expert Analysis

  • Using Payroll Cards To Pay Employees’ Wages

    Excerpt from Lexis Practice Advisor
    Kevin E. Vance

    When advising employers on the use of payroll card programs as an alternative method of paying employees there are several considerations lawyers should adopt. Kevin Vance of Duane Morris LLP discusses key issues concerning payroll cards and best practices for establishing and maintaining a payroll card program.

  • Hitting Pause On FLSA White Collar Changes

    Kathleen Anderson

    The eleventh-hour preliminary injunction from the Eastern District of Texas against expanded coverage under the Fair Labor Standards Act is a blow to the U.S. Department of Labor, which had estimated expanded overtime coverage to more than four million additional employees, says Kathleen Anderson of Barnes & Thornburg LLP.

  • 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?


    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.