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California

  • September 21, 2018

    Revel Systems Agrees To $2.75M Deal In OT Suit

    Revel Systems has agreed to a $2.75 million deal to end claims that the point of sales system company had flouted both federal and state law because it allegedly didn’t properly pay a group of inside sales representatives overtime for a certain period.

  • September 21, 2018

    ​​​​​​​9th Circ. Heats Up TCPA Debate With Broad Autodialer Take

    The Ninth Circuit's decision Thursday to endorse an extremely broad definition of what constitutes an autodialer under the Telephone Consumer Protection Act opens the door not only for more litigation to thrive under the statute, but also for the U.S. Supreme Court or Federal Communications Commission to step in and deliver some long-sought clarity, attorneys say. 

  • September 21, 2018

    Adoptive Parents, Native Am. Kids Tell 9th Circ. Suit Still Valid

    Four children and their adoptive parents urged the full Ninth Circuit on Thursday to rethink tossing their proposed class action alleging that portions of the Indian Child Welfare Act are discriminatory and unconstitutional, saying the court departed from precedent by deeming the matter moot because the kids had been successfully adopted.

  • September 21, 2018

    Jury Awards $9.1M In Cyclist's Crash Suit Against LA, Caltrans

    A California jury on Thursday awarded $9.1 million in a suit accusing the city of Los Angeles and Caltrans of failing to properly maintain a section of a Southern California coastline highway, causing a cyclist’s crash that resulted in significant brain damage.

  • September 21, 2018

    Judge Probes NCAA VP On Athlete Pay Rules At Trial

    A California federal judge on Friday repeatedly questioned an NCAA vice president on the specifics of its pay rules during a landmark antitrust trial over the association's limits on student compensation, pointing to apparent discrepancies between financial aid limits the NCAA has imposed on its various conferences.

  • September 21, 2018

    Calif. Gov. Signs Wildfire Bills, Limiting PG&E Liability

    California Gov. Jerry Brown signed a package of bills Friday that aim to help the state prevent and recover from catastrophic wildfires, including a controversial bill that critics call a bailout for Pacific Gas and Electric Co. but that its author says is needed to save the liability-burdened utility from bankruptcy.

  • September 21, 2018

    15 Firms To Lead IPOs Exceeding $1.1B Amid Peak Season

    Fifteen law firms will guide initial public offerings from 13 companies that are expected to raise more than $1.1 billion during the week of Sept. 24, a busy lineup dominated by technology and life sciences firms going public during a sweet spot on the annual IPO calendar.

  • September 21, 2018

    9th Circ. Takes Up Microsoft Women's Class Cert. Appeal

    The Ninth Circuit on Thursday granted female Microsoft workers’ request that it review the denial of class certification in their pay bias suit, setting the stage for the court to weigh what it takes to show a companywide policy of discrimination under the U.S. Supreme Court’s Dukes decision.

  • September 21, 2018

    Calif. Insurance Law Applies To Single Violations, Panel Says

    A California appeals court has reversed an injunction stopping the state insurance commissioner from enforcing three provisions of the state's Unfair Insurance Practices Act, ruling that the act applies not only to long term unfair practices but also to singular violations.

  • September 21, 2018

    Industry Groups Back FTC's View On Qualcomm Obligations

    A pair of industry groups representing technology companies have thrown their support behind the Federal Trade Commission's bid for a ruling in California federal court that Qualcomm is required to license its standard essential patents to rival chipmakers.

  • September 21, 2018

    Truckers Insist Calif. Dynamex Standard Is Unconstitutional

    A trucking group on Thursday defended its suit claiming federal law overrides California's newly adopted standard for distinguishing between independent contractors and employees in wage order disputes, saying an onslaught of litigation over the standard proves there is an “actual controversy” requiring the court to intervene.

  • September 21, 2018

    Golden State Warriors Name David Kelly Chief Legal Officer

    The Golden State Warriors have announced that David Kelly, in his eighth season with the organization, has been promoted from general counsel to chief legal officer for business and basketball.

  • September 21, 2018

    Fitness Device Co. Seeks Treble Damages In $6.8M IP Row

    The company behind TRX exercise equipment Thursday told a California federal court it should get treble damages on a 2017 $6.8 million patent and trademark infringement verdict against Woss Enterprises LLC, saying Woss continues to sell infringing products.

  • September 21, 2018

    Schwab Dodges Fiduciary Claims In Benefits Suit

    A California federal judge has trimmed fiduciary duty and failure to monitor claims from a proposed class of plan participants accusing Charles Schwab & Co. Inc. of mismanaging its retirement savings and investment plan, but allowed prohibited transaction claims against the company to proceed.

  • September 21, 2018

    Travel Agents Seek 9th Circ. Redo Of Multicity Fares Ruling

    Travel agents asked the Ninth Circuit on Thursday to rehear its August ruling that shut down an antitrust suit accusing American Airlines, Delta, United and others of price fixing, saying the U.S. Supreme Court's Twombly decision should not be used to suppress private antitrust cases.

  • September 21, 2018

    Lyft Drivers Move For $1.95M Settlement Over Premium Pay

    A group of drivers for Lyft Inc. asked a California federal judge to approve the ride-hailing service's $1.95 million settlement of a class action suit alleging the company underpaid drivers who were supposed to receive prime-time premium pay, with about 33 percent of the payout going toward the class' attorneys' fees and expenses.

  • September 21, 2018

    Goodwin's PropTech Group Eyes A Burgeoning Sector

    Goodwin Procter LLP says it's the first major law firm in the U.S. to set up a practice group devoted to the intersection of real estate and technology, and co-leaders of Goodwin's so-called PropTech group recently told Law360 their firm is ideally suited to tackle the complex multibillion-dollar intersection of the two practice areas.

  • September 21, 2018

    Facebook Users In 9th Circ. Stand By Privacy Claims

    Several Facebook Inc. users stood strong in their Ninth Circuit bid to revive multidistrict litigation accusing the social media giant of unlawfully tracking people's browsing activity after they sign out, asserting that the company's view that they deserve no recourse for its knowing deception defies "common sense and common decency."

  • September 21, 2018

    Class Attys Get $35M Of $105M Lidoderm Pay-For-Delay Deal

    A California federal judge has awarded $35 million in attorneys' fees as part of a settlement for end-payors that claimed a group of pharmaceutical companies delayed the release of a generic form of the Lidoderm pain patch.

  • September 21, 2018

    Wage-And-Hour Suit Against J&J Headed Back To State Court

    A California federal judge has agreed to send back to state court a wage-and-hour suit brought by a group of former Johnson & Johnson Consumer Inc. workers, finding that the amount of money in controversy fell short of the threshold necessary for the federal court to hear the case.

Expert Analysis

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • 'One A Day' Will Not Keep Plaintiffs Away

    Robert Guite

    In a ruling earlier this month concerning Bayer's "One A Day" vitamin gummies, a California state appeals court clarified how the defendant cannot rely on the fine print to escape a mislabeling claim at the pleadings stage. In doing so, the court appears to have laid a road map for how to defeat class certification in such cases, say Robert Guite and Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

  • When Defamation Is Cause To Overturn An Election

    Mitchell Langberg

    The current gubernatorial race in Rhode Island features one candidate threatening a defamation lawsuit against another. But California and Oregon offer candidates an additional remedy — the ability to have an election overturned if it can be proved that defamatory speech swayed voters enough to affect the results, say Mitchell Langberg and Matthew McKissick of Brownstein Hyatt Farber Schreck LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Opinion

    Orexigen Decision At Odds With High Court Jurisprudence

    Douglas Greene

    The Ninth Circuit's decision last month in Khoja v. Orexigen Therapeutics — placing constraints on the record a court may consider in deciding falsity and scienter under the securities laws — countermands the U.S. Supreme Court’s direction to courts in Omnicare and Tellabs, say attorneys with BakerHostetler.

  • Update On Calif. Immigrant Worker Protection Act

    Jesse Cripps

    A California federal court recently forbade California and its officials from enforcing several portions of the state's Immigrant Worker Protection Act. While private employers in the state will not be subject to many of the requirements of the law for the time being, the fight over it is likely to proceed, say Jesse Cripps and Ryan Stewart of Gibson Dunn & Crutcher LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Opinion

    Dockless Scooter Cos. Rewarded For Bad Behavior

    Tamara Kurtzman

    The proliferation of dockless scooters throughout the U.S. has given life to the slogan “move fast and break things” in a way that even the slogan’s progenitor, Facebook, never imagined. And it will be an uphill battle for riders to recover from either the rental companies or cities in the event of injury, says Tamara Kurtzman of TMK Attorneys PC.