• August 24, 2016

    Calif. Theranos Actions Combined Into Single Suit

    A California federal judge has consolidated six proposed class actions against embattled blood-testing startup Theranos Inc. and Walgreens Boots Alliance Inc. alleging fraud and false advertising over the accuracy of the laboratory’s blood test results after determining consolidation would “save time and effort.”

  • August 24, 2016

    Defunct Beauty School's Insurer Pays $13.5M To End FCA Row

    A defunct for-profit cosmetology school's insurance carrier paid $13.5 million to resolve False Claims Act allegations that the school helped students obtain sham high school diplomas in order to enroll at its locations and secure student loans for which they were not eligible, federal prosecutors said Wednesday.

  • August 24, 2016

    Twitter Hit With Publicity Suit Over Profile-Trading Game

    Social media giant Twitter Inc. and an online gaming company were slapped with a putative class action Wednesday in California federal court alleging an app that lets users buy and trade real Twitter users' full names and profile pictures "as if they were baseball cards" violates users' publicity rights.

  • August 24, 2016

    Class Waiver Battle Appears Destined For Supreme Court

    The Ninth Circuit widened a split among appeals courts Monday when it ruled Ernst & Young LLP can’t force employees to pursue work-related claims individually, increasing the likelihood the U.S. Supreme Court will weigh in on the hot-button issue.

  • August 24, 2016

    Uber’s Bid To Arbitrate Lyft Dispute Faces Red Light

    A California Superior Court judge said Wednesday she would probably deny Uber’s bid to arbitrate claims it used fake Lyft accounts to request rides and send drivers from the rival company on “wild goose chases,” finding contracts the lead plaintiff signed as an Uber driver didn’t affect his case as a Lyft driver.

  • August 24, 2016

    Starbucks' Deal Wraps Up Sandwich Overcharge Class Action

    A California judge on Wednesday signed off on Starbucks' deal to give nearly 180,000 customers refunds to end a class action alleging the coffee seller misleadingly advertised prices for two of its breakfast sandwiches that were lower than what the workers actually charged.

  • August 24, 2016

    Fairchild Still On The Hook For $140M Award, Judge Says

    A California federal court on Wednesday shut down a bid for a new trial and let stand a $140 million jury award against Fairchild Semiconductor International Inc. for patent infringement, saying the company didn't even try to show how Power Integrations Inc.’s evidence was either unreliable or insufficient.

  • August 24, 2016

    IT Giant Wipro Beats Class Claims In Calif. OT Suit

    India-based information technology firm Wipro Ltd. won’t have to face class claims that it cheated its computer support employees out of overtime pay after a California federal judge ruled Tuesday that the workers’ tasks were too disparate to determine who would fall under an overtime pay exemption.

  • August 24, 2016

    Drugmaker MannKind Beats Shareholder Securities Suit

    A California federal judge on Tuesday tossed a shareholder suit accusing specialty pharmaceutical company MannKind Corp. of issuing false or misleading statements in connection with poor sales of its lone product, a diabetes drug, saying investors failed to prove the company did so.

  • August 24, 2016

    Ad Co. Execs Elude Investors Claiming Software Lies, For Now

    A California federal judge dismissed a shareholder derivative suit against officers and directors at artificial-intelligence-driven advertising company Rocket Fuel during a hearing Wednesday, but said she'd let the investors file an amended complaint to add necessary details about allegations executives lied that their software was fraud-proof.

  • August 24, 2016

    Attys In $300M Boxing Battle Threatened With Sanctions

    Counsel on both sides of a $300 million antitrust suit against boxer Floyd Mayweather's manager were threatened with monetary sanctions Wednesday for failing to adhere to a case management schedule.

  • August 24, 2016

    Cisco, Arista Both Denied IP Win In Network Patent Suit

    Cisco Systems Inc. couldn’t secure a quick win against competitor Arista Networks Inc. over its copyright claims involving computer network technologies after a California federal judge said Tuesday there are disputed issues of material fact over the originality of and Cisco’s ownership in the disputed interface.

  • August 24, 2016

    Target Faces Class Action Claiming Its Aloe Gel Has No Aloe

    A consumer slapped Target with a proposed class action in California federal court Tuesday alleging the retailer touts an aloe vera gel as containing “pure aloe vera” when the product actually lacks the popular ingredient.

  • August 24, 2016

    Enviros Ask 9th Circ. To Force New EPA Lead Paint Standards

    Environmental and community groups on Wednesday asked the Ninth Circuit to force the U.S. Environmental Protection Agency to update standards for neurotoxic lead-based paint and lead dust, claiming the EPA has taken too long to do so.

  • August 24, 2016

    Calif. Assembly Passes Private Equity Fee Transparency Bill

    The California State Assembly on Wednesday passed a bill mandating that private equity fund managers disclose their fees to public pension fund managers.

  • August 24, 2016

    CH Robinson Gets Nod On $1M Deal To End OT, Wage Suit

    A California federal judge on Wednesday approved a $1 million class action settlement between transportation firm C.H. Robinson Co. and a group of employees for $1 million, putting an end to a case that alleged overtime and wage statement violations.

  • August 24, 2016

    Calif. Legislature Delivers Climate Change Package To Gov.

    The California Legislature on Wednesday delivered the second half of a two-part climate change bill package, giving the body additional oversight of the powerful Air Resources Board and emphasizing direct regulation of facilities.

  • August 24, 2016

    Calif. Motorcycle Co. Pays $1.9M To Settle OT Claims

    A motorcycle equipment retailer has agreed to pay $1.9 million to end a proposed class action in California accusing it of cheating its workers out of overtime pay and meal breaks, according to an order finalizing the deal on Tuesday.

  • August 24, 2016

    Toyota Slapped With Suit Over Air Bag Defect Response

    Toyota was hit with a proposed class action in California federal court Wednesday by a Lexus owner saying the automaker’s lax response after a May recall of certain vehicles containing defective Takata air bag inflators flouted its warranty and caused her economic harm.

  • August 24, 2016

    Ariana Grande, Apple Face Songwriter’s Copyright Suit

    A Canadian music producer and songwriter filed a copyright infringement suit against Ariana Grande, Apple Inc. and others alleging the pop singer’s hit 2014 song, “One Last Time,” rips off a song he penned in 2012, according to a suit filed Tuesday in California federal court.

Expert Analysis

  • Conflicting Courts On Neutral Canons

    Ashley Johnson

    Although the "last-antecedent canon" and the "series-qualifier canon" may sound like neutral grammatical principles, they carry different weights and are applied differently depending on the court. Ashley Johnson and Will Thompson of Gibson Dunn & Crutcher LLP explore two fundamentally different approaches by the Texas Supreme Court and U.S. Supreme Court.

  • The Next Justice's Impact On The Indian Child Welfare Act

    Matthew L.M. Fletcher

    Since Justice Antonin Scalia's death, the remaining eight Supreme Court justices have been deadlocked on interpretations of the Indian Child Welfare Act. Professor Matthew Fletcher of Michigan State University College of Law discusses recent cases concerning adopted Indian children, and the legal battles the private adoption industry has been waging against adoption laws.

  • Looking For Balance In Principle-Based Reserving

    Frederick J. Pomerantz

    Life insurers need to be competitive and profitable in the 21st century. But they also need to remain solvent and be able to meet their financial obligations. Principle-based reserving — which is being implemented in many states — may strike the balance that the industry and regulators are striving for, say Frederick Pomerantz and Aaron Aisen of Goldberg Segalla LLP.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • Calif. High Court Goes Against The Arbitration Grain

    E. Martin Estrada

    The California Supreme Court's recent decision in Sandquist v. Lebo Automotive will likely have a major impact on class action and arbitration litigation. Given the Golden State’s economic prominence, those doing business in California would be wise to take heed of Sandquist in considering how to craft and carry out their arbitration agreements, say Martin Estrada and Bethany Kristovich at Munger Tolles & Olson LLP.

  • 4 Communications Fundamentals For High-Stakes Litigation

    Michael J. Gross

    The court of public opinion can mete out judgments as harsh as those rendered by a court of law, which is why communications professionals and attorneys should be working together to protect their clients’ reputation and advance their legal objectives as litigation proceeds, as well as when decisions or settlements are reached, say Michael Gross and Walter Montgomery at Finsbury.

  • 9th Circ. Ruling Strikes Blow Against Feds In War On Pot

    Michael Chernis

    Although the Ninth Circuit's ruling in United States v. McIntosh affirms that the federal government can no longer prosecute medical marijuana suppliers and other individuals who are in full compliance with state medical marijuana laws, it leaves some areas where the feds can still take action against marijuana businesses, says Michael Chernis at Chernis Law Group PC.

  • Respecting The Rules For Searching Jurors' Social Media

    Steven J. Boranian

    A few months ago, a district judge in the Northern District of California made a unique order in Oracle v. Google, asking parties to voluntarily abstain from searching the jury's social media. Steven Boranian, partner at Reed Smith LLP, discusses the three main rules regarding the searching of jurors' social media, and potential future interactions between juries and the internet.

  • CFAA Clarity From 9th Circ. Password-Sharing Decisions

    Hanley Chew

    Coming less than two weeks apart in July, the Ninth Circuit's decisions in U.S. v. David Nosal and Facebook v. Power Ventures provide some guidance — at least in the Ninth Circuit — concerning when password-sharing is permissible under the Computer Fraud and Abuse Act, say Hanley Chew and Sebastian Kaplan of Fenwick & West LLP.

  • Risk Management Tips For Attys Serving As Local Counsel

    Patrick S. (Sean) Ginty

    Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)