• June 30, 2016

    EPA Needn't Mandate Pesticide Disclosure, Calif. Judge Says

    A California federal judge held Wednesday that the U.S. Environmental Protection Agency didn’t act arbitrarily by effectively denying a petition to force certain inert ingredients to be listed on pesticides, concluding that the agency is allowed to impose such a requirement but isn’t obligated to do so.

  • June 30, 2016

    Netflix Sued For Rate Hike On 22M 'Grandfathered' Customers

    Netflix Inc. on Wednesday was hit with a proposed class action in California federal court claiming that its plan to raise monthly prices on 22 million “grandfathered” customers goes against the company's alleged promise that they had a lifetime guarantee of being charged $7.99 per month.

  • June 30, 2016

    Google Renews Sanctions Bid For Oracle Atty In Java IP Suit

    Google Inc. is revisiting accusations that an attorney representing Oracle Corp. in its blockbuster Java code infringement suit against Google revealed confidential financial information in open court, telling a California federal court Wednesday it wants sanctions now that the trial is over.

  • June 30, 2016

    Chamber Urges Justices To Weigh In On Calif. Securities Suits

    The U.S. Chamber of Commerce and two investment industry groups have urged the Supreme Court to review whether Cyan Inc. shareholders alleging initial public offering misrepresentations can bring claims in California state court, saying federal law bars such securities claims from the state level.

  • June 30, 2016

    Blackstone Unit To Buy $1.16B Office Portfolio From Hines

    Hines Real Estate Investment Trust Inc., a public nonlisted REIT, on Thursday said that it will sell seven of its West Coast office assets to a private equity arm of The Blackstone Group LP in a $1.16 billion deal that is part of the REIT’s liquidation and dissolution plan.

  • June 30, 2016

    Calif. Solar Co. In Robocall Suit Says It Meant To Call Landlines

    A California solar company on Wednesday urged a federal court to deny class certification in a case accusing the company of making robocalls to more than 220,000 people in violation of the Telephone Consumer Protection Act, arguing that the company didn’t know it was calling cellphones.

  • June 30, 2016

    Timeshare Co. Hit With $5M Deceptive Trade Class Action

    Two California consumers have slapped a $5 million putative class action suit against a Massachusetts-incorporated timeshare company with operations in Florida, saying the company used high-intensity sales tactics and misinformation to pressure them into buying a timeshare contract in its vacation ownership program.

  • 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.

Expert Analysis

  • California's Anti-SLAPP Law Is Not Systematically Abused

    Felix Shafir

    The real problem with California's anti-SLAPP law is not systematic abuse by litigants. It is contradictory Court of Appeal opinions construing critical portions of the statute, say attorneys at Horvitz & Levy LLP.

  • NY Should Unify Standards For Atty Fees Against State Agency

    Matthew T. McLaughlin

    Two bills introduced in the recently ended New York legislative session, if adopted into law, will provide government entities and Freedom of Information Law practitioners with the mooring of predictable and consistent outcomes in FOIL proceedings by changing the standard for determining attorneys’ fee awards, say Matthew McLaughlin and Benjamin Argyle of Venable LLP.

  • 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.