• December 15, 2017

    Special Master Says Uber Should Have Produced Letter

    The special master in Waymo’s self-driving car trade secrets suit against Uber said Friday that a letter detailing an ex-Uber employee’s allegations against the company should’ve been produced during discovery, in a report released the same day the 37-page letter — and its claims of corporate espionage and evidence destruction — was unsealed.

  • December 15, 2017

    2nd Circ. Gets Kozinski Sex Probe Amid New Reports

    Federal court leaders moved quickly Friday to answer accusations of inappropriate sexual behavior by U.S. Circuit Judge Alex Kozinski, sending a misconduct investigation to an oversight council at the Second Circuit amid new reports that brought the total number of public accusers to 15.

  • December 15, 2017

    Top Product Liability Cases Of 2017

    The U.S. Supreme Court's decision to overturn a California high court's ruling that 600 nonresidents could pursue claims against Bristol-Myers Squibb over a blood thinner drug heads this year's list of top product liability cases, along with a bankruptcy ruling exposing General Motors to millions of claims not related to its infamous ignition switch.

  • December 15, 2017

    Broker With Criminal Past Fights Detention On Ponzi Charges

    A Boston magistrate judge hesitated Friday to release a Cape Cod resident charged with spending the last five years defrauding investors, apprehensive of the man’s criminal history.

  • December 15, 2017

    Gibson Dunn Joins Probe Of Sex Misconduct In Calif. Senate

    A team from Gibson Dunn & Crutcher LLP led by a former federal prosecutor and Sacramento employment specialists Van Dermyden Maddux will conduct a two-year investigation into sexual harassment allegations in the California Senate, a move Senate leaders announced Thursday as part of a commitment to change the culture at the Capitol.

  • December 15, 2017

    Avaya Shortens Contract For Soccer Stadium Naming Rights

    Avaya Inc. has shortened its naming rights contract with a soccer stadium in San Jose to 2018 instead of 2024, the bankrupt telecom giant told a New York bankruptcy court Thursday, as it ties up loose ends ahead of an imminent exit from Chapter 11.

  • December 15, 2017

    DOT Awards $5M To Bolster Tribal Transit Options

    The U.S. Department of Transportation on Thursday said that it has awarded $5 million to help Native American and Alaskan Native governments launch and improve transit offerings on tribal lands, providing financing for three dozen projects in 19 states.

  • December 15, 2017

    ICE Can't Deport Cambodian Immigrants Until Case Is Heard

    A California federal court on Thursday issued a nationwide temporary restraining order preventing the government from deporting about 1,900 Cambodian nationals bringing a proposed class action suit seeking to contest their orders of removal in immigration court.

  • December 15, 2017

    Uber Driver Objectors Call $7.5M Deal 'Outrageously Low'

    Hundreds of objectors to a $7.5 million deal ending a class action against Uber for allegedly violating the Fair Credit Reporting Act by using background checks without applicants’ knowledge to make hiring decisions urged a California federal judge Thursday not to approve the "outrageously low" settlement amount.

  • December 15, 2017

    BART Derails App User's Data-Collection Class Action

    A California federal magistrate judge has tossed a putative class action alleging the San Francisco Bay Area's public rail system secretly collected users' personal data with its BART Watch smartphone app, but said the claims could be salvaged in a more thorough complaint.

  • December 15, 2017

    Neiman Settles Price Compare Suit After 9th Circ. Revival

    Following the revival by the Ninth Circuit of a California woman’s putative class action against The Neiman Marcus Group LLC over allegedly misleading price tags at their Last Call line of stores, the parties have agreed to an undisclosed settlement, according to court documents.

  • December 15, 2017

    Fed Vice Chair Recuses Himself From Wells Fargo Matters

    The Federal Reserve said Friday that recently appointed vice chair for supervision Randal Quarles would recuse himself from matters involving Wells Fargo & Co., citing relationships between the bank and his extended family and the desire to avoid the appearance of a conflict.

  • December 15, 2017

    Pearson Simon, Burns Charest To Lead German Auto MDL

    A California federal judge on Thursday picked attorneys from Pearson Simon & Warshaw LLP and Burns Charest LLP as co-lead counsel for plaintiffs in multidistrict litigation accusing Audi, BMW, Volkswagen and other German automakers of a decadeslong antitrust conspiracy covering car technology, costs, suppliers and emissions equipment.

  • December 15, 2017

    MGM Slashes Suit By Ex-Atty Facing Child Sex Charges

    A California judge on Friday granted MGM’s request to toss defamation and employment claims brought by an entertainment attorney who was fired from an MGM subsidiary after he was charged with sexual assault of a child, but said the lawyer could take another shot at the employment claims.

  • December 15, 2017

    Fitbit Wants Activity Monitor IP Suit Tossed As Sanction

    Fitbit Inc. urged a California federal judge Thursday to sanction Smart Wearable Technologies Inc. and its counsel by throwing out its patent lawsuit against the wearable fitness device maker, saying the company continues to push forward with the case even though it knows its claims are frivolous.

  • December 15, 2017

    9th Circ. Agrees Inventor's Royalties Are Not Capital Gains

    A partially split Ninth Circuit panel held Friday that an inventor's $7 million in patent royalties do not count as capital gains under federal tax law, upholding a U.S. Tax Court decision and rejecting his appeal.

  • December 15, 2017

    HP's $6.5M Defective Laptop Deal Held Up Near Finish Line

    A California judge on Friday held off on granting final approval to Hewlett-Packard Co.'s $6.5 million settlement resolving long-running class allegations that it sold laptop computers with defective screens, saying he wouldn't rule on its fairness until after the claims deadline to see if requests exceed available funds.

  • December 15, 2017

    Real Estate Rumors: Fox Lot, Akelius, Robert Danial

    Disney is reportedly leasing the Fox production lot in Century City, California, as part of its pending deal to buy 21st Century Fox, Akelius Real Estate Management is said to have picked up various Brooklyn apartment buildings for roughly $35 million, and Florida investor Robert Danial has reportedly bought a Miami building for $10.7 million.

  • December 15, 2017

    9th Circ. Sends Insurers' EZ-FLO Suit Back To State Court

    The Ninth Circuit on Thursday affirmed a lower court’s decision to send a group of insurers’ lawsuit over defective water lines back to state court, rejecting a bid by plumbing supply maker EZ-FLO to move the case and saying only named plaintiffs can count toward the minimum number for a federal class action.

  • December 15, 2017

    Health Hires: Holland & Knight, EBG, Quarles, Ciitizen

    Over the last few weeks, Holland & Knight LLP, Epstein Becker Green, Quarles & Brady LLP and medical records startup Ciitizen have grown their health care and life sciences teams with pros from Laredo & Smith LLP, LifePoint Health and the U.S. Department of Health and Human Services.

Expert Analysis

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, and stating my biases upfront, it is possible for me to look analytically at the Bartlit Beck fee model and make some observations on the pros and cons of one version of alternative fees, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • New Wine In Old Bottles: RCRA's Anti-Duplication Clause

    Anthony Cavender

    Last month, the Ninth Circuit became the latest federal appellate court to consider the implications of the anti-duplication provision of the Resource Conservation and Recovery Act. This is an important decision because it further clarifies the limiting scope of this provision, which is unique to RCRA, say Anthony Cavender and Amy Pierce of Pillsbury Winthrop Shaw Pittman LLP.

  • Reviewing 2017's CEQA Legislative And Regulatory Activity

    Arthur Coon

    As another year draws near its close, a number of notable California Environmental Quality Act developments in both the legislative and regulatory arenas bear mention, including one proposed regulation that is already outdated due to its conflict with a recent Fifth District decision, says Arthur Coon of Miller Starr Regalia.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • New Obstacles For VPPA Plaintiffs At 9th Circ.

    Joshua Jessen

    Although the lure of hefty statutory damages under the Video Privacy Protection Act means that VPPA litigation will almost certainly continue, the Ninth Circuit's recent decision in Eichenberger v. ESPN is another setback for plaintiffs attempting to map this pre-internet law onto modern platforms that serve video content, say attorneys with Gibson Dunn & Crutcher LLP.

  • Cosmetic Companies Must Plan For New Regulation  

    Arameh O'Boyle

    U.S. senators on both sides of the aisle have proposed cosmetic reform bills, making it likely that Congress will soon pass legislation regulating personal care products. This, in turn, is likely to result in greater litigation against companies making those products, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Land Use And Entitlement Diligence For Calif. CRE Lending

    Andrew Starrels

    Following the widespread construction boom in most California markets, commercial real estate lenders and their counsel find themselves increasingly asked to evaluate and underwrite the nature of entitlement approvals for development projects, but the state's web of land use regulations and sometimes overlapping jurisdictions can make that task complicated, says Andrew Starrels of Holland & Knight LLP.

  • Does The Path To The Right Venue Have To Be Narrow?

    Sue Robinson

    If you juxtapose the “narrow interpretation” language of the post-TC Heartland decisions with the actual contexts in which the Supreme Court uttered such dicta, it should not be a foregone conclusion that the court meant to eschew all contemporary insights when interpreting the patent venue statute, says Sue Robinson, an attorney at Farnan LLP and former Delaware federal judge.