California

  • January 23, 2017

    Ex-JPMorgan Analyst Testifies Colleague Admitted Tipping

    A former J.P. Morgan analyst was called to the witness stand Monday in a federal trial accusing another ex-analyst of insider trading, testifying the colleague divulged that he “accidentally slipped once or twice” in telling a friend about a pending Salesforce.com acquisition.

  • January 23, 2017

    Judge Allows Ariosa Invalidity Arguments From AIA Petition

    A California federal judge has allowed Ariosa Diagnostics Inc. to argue that Illumina Inc. prenatal test patents are invalid on grounds Ariosa included in an inter partes review petition but on which review was not instituted, taking a narrow reading of the America Invents Act's estoppel provision.

  • January 23, 2017

    Endo Settles Pay-For-Delay Suit As FTC Renews Watson Case

    Endo settled Federal Trade Commission claims Monday that it violated antitrust laws by using pay-for-delay settlements to block consumers’ access to generic versions of drugs Opana ER and Lidoderm, while the agency refiled charges against Watson Laboratories for its alleged role in the scheme.

  • January 23, 2017

    OSI Settles Investor Suit Over TSA Nude Body Scanner Issues

    A California federal judge on Monday approved OSI Systems Inc.’s deal imposing new corporate governance controls and paying $1.6 million in attorneys' fees to end a shareholder suit alleging the company covered up the problems caused when its airport body scanners showed passengers in the nude.

  • January 23, 2017

    Bio-Rad CEO Tells Jury Ex-GC ‘Came Unglued’ After DOJ Fee

    The CEO of Bio-Rad Technologies defended himself and the life sciences company against claims its former general counsel was retaliated against for reporting violations of the Foreign Corrupt Practices Act, saying he was really fired because he “came unglued,” yelled at co-workers and caused the company to miss federal filing deadlines.

  • January 23, 2017

    9th Circ. Asked To Block $1.4B LA Metro Contract

    The Beverly Hills Unified School District has turned to the Ninth Circuit with an emergency bid to block progress on a subway expansion project that would route a subway under a school, saying Friday if the city goes through with a $1.4 billion design-build contract for a project section, it would prevent the city from evaluating route alternatives.

  • January 23, 2017

    Uber’s Bid To Confirm Arbitration Win Over Driver Stalls

    A California state judge Monday rejected Uber’s bid to confirm an arbitrator’s dismissal of a driver’s claims he was misclassified as an independent contractor — the first such decision by an arbitrator in the U.S. — because the driver’s name was not disclosed in court documents.

  • January 23, 2017

    Calif. Senate Signs Off On Becerra As Golden State Top Cop

    U.S. Rep. Xavier Becerra is set to become the Golden State’s next attorney general — and first Latino to hold that position in the state — after his confirmation Monday by the California State Senate.

  • January 23, 2017

    5-Hour Energy Says Label Couldn't Deceive Repeat Buyers

    The makers of 5-Hour Energy urged a California federal judge on Monday to toss from consumers' multidistrict litigation allegations that the drink isn't as effective as claimed on its label, arguing consumers couldn't be deceived about the effects of a product they bought hundreds of times.

  • January 23, 2017

    Spokeo User Says 9th Circ. Ruling Gives Him FCRA Standing

    The consumer suing Spokeo over its alleged reporting of inaccurate information in violation of the Fair Credit Reporting Act on Monday directed the Ninth Circuit’s attention to a pair of recent appellate court decisions, including one by the Ninth Circuit, which he says confirms his own standing to sue.

  • January 23, 2017

    Football Mom Says Firm's Deal For Teen's Injury Was 'Woeful'

    The mother of a youth football player who was crippled in a game and later died filed suit Friday against her former law firm, accusing it of trying to pressure her into a bad settlement deal she said would have paid more out to lawyers than herself.

  • January 23, 2017

    Calif. High Court Revives Homeowner Insurance Regulation

    The California Supreme Court Monday revived a challenged regulation from the state insurance commissioner aimed at protecting homeowners from allegedly misleading insurer estimates of home replacement costs, saying the commissioner didn’t overstep his authority in adopting the rule.

  • January 23, 2017

    PG&E Ordered To Pay $3M Fine For San Bruno Explosion

    A California federal judge announced at a sentencing hearing Monday that Pacific Gas & Electric Co. will be ordered to pay the maximum $3 million fine for its role in the 2010 San Bruno gas line explosion, but postponed to Thursday a final decision on other sentencing provisions.

  • January 23, 2017

    Tribe Loses Bid To Revive Challenge To Rival's Casino Plans

    A California federal judge on Monday rejected the Cachil DeHe Band of Wintun Indians of the Colusa Indian Community’s bid to resurrect its claims challenging another tribe’s proposed casino hotel, saying the Colusa’s attempt to rehash already-rejected arguments failed.

  • January 23, 2017

    9th Circ. Says Aereo Didn't Nix Copyright 'Volitional' Rule

    The Ninth Circuit ruled Monday that adult website operator Perfect 10 Inc. couldn’t directly sue an online service provider over images illegally shared by users over its network, rejecting the argument that the U.S. Supreme Court's Aereo ruling had removed the so-called “volitional conduct” requirement for such claims.

  • January 23, 2017

    Volkswagen's $1.6B Dealership Settlement Gets Final OK

    A California federal judge on Monday approved a settlement valued at more than $1.6 billion that resolves lawsuits filed by Volkswagen AG franchise dealerships in the wake of the carmaker's 2015 diesel emissions scandal.

  • January 23, 2017

    Justices Won't Review 9th Circ. Pala Band Membership Ruling

    The U.S. Supreme Court declined Monday to review a Ninth Circuit ruling upholding a decision allowing some members of the Pala Band of Mission Indians to be removed from the tribe’s rolls, despite an ex-member’s hopes the top court would consider the federal government’s responsibility to prevent mass disenrollments.

  • January 23, 2017

    Enviro Group Lobs $39M CWA Suit Against APM Terminals

    A unit of one of the nation’s largest port and terminal operators was hit with a $39 million Clean Water Act suit in California federal court Monday accusing it of discharging pollutants from its facility serving ports in Los Angeles and Long Beach.

  • January 23, 2017

    KaloBios Investors Take $1.5M Deal But Still Target Shkreli

    KaloBios Pharmaceuticals and two executives have agreed to shell out $1.5 million to settle part of a putative securities class action sparked by pharmaceutical executive Martin Shkreli’s one-month tenure as KaloBios CEO, ending allegations that they violated securities laws by omitting facts concerning Shkreli’s legal woes but not claims against Shkreli.

  • January 23, 2017

    2016's Top Hotel Deals Involved More Than A Dozen Law Firms

    Companies buying and selling trophy hotel properties in 2016 looked to a wide range of law firms, with more than a dozen picking up work on the 10 largest U.S. deals of the year — though one firm was particularly busy.

Expert Analysis

  • Dealing With Confidential Witness Recantation Statements

    Michael B. Eisenkraft

    Litigated motions related to recanting confidential witnesses have created a confusing mass of case law. The approach recently taken by a California federal court in Union Asset Management Holding v. SanDisk is sensible in that it uses the appropriate and well-established procedures of Rule 11 to deal with confidential witness recanting allegations, says Michael Eisenkraft of Cohen Milstein Sellers & Toll PLLC.

  • More And More States Are Targeting Payroll Debit Cards

    Caroline J. Berdzik

    It has become increasingly prevalent for employers to pay their employees with payroll debit cards due to the benefits to both employers and employees. However, despite these mutual benefits, many states have enacted legislation that may potentially curtail the use of these cards to pay wages, says Caroline Berdzik of Goldberg Segalla LLP.

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • What Attorneys Need To Know About Calif. Elder Abuse Act

    Steven D. Wasserman

    As California's population continues to age and the elderly become a larger proportion of the population, ensuring their financial health will become an increasingly significant issue. California's Elder Abuse and Dependent Adult Civil Protection Act addresses those who neglect or intentionally take advantage of the elderly, but it also poses issues, risks and challenges for lawyers, says Steven Wasserman of Sedgwick LLP.

  • 'Take-Home' Asbestos Means A Duty Of Care In California

    Nicole Harrison

    In two coordinated cases, the California Supreme Court recently ruled that employers using asbestos in the workplace have a duty of care to protect employees’ household members from exposure via workers' clothing or persons. This holding may encourage more asbestos lawsuits in California, but the court did offer some limitations of which defendants should be mindful, says Nicole Harrison of Manion Gaynor Manning LLP.

  • Not What I Signed Up For: California’s New Autograph Law

    Daniel Fong

    A new California law requires a certificate of authenticity for all autographed items sold by dealers for over $5. Assemblywoman Ling Ling Chang addressed concerns over potential overreach by clarifying that the law was not meant to affect the autographed book and art market. However, courts are not bound to give any credence to those statements, say Daniel Fong and Robert Darwell of Sheppard Mullin Richter & Hampton LLP.

  • Limitation Act Of 1851 Still Relevant To Offshore Energy

    Andrew Stakelum

    From the Titanic to the Deepwater Horizon, an obscure federal law has been invoked after many maritime disasters to limit vessel owners' liability for losses stemming from conditions outside the owners' privity or knowledge. But in today's offshore energy industry, technology can place the owner and its management in the wheelhouse, on the cargo deck and on the rig floor, says Andrew Stakelum of King & Spalding LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.