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California

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    9th Circ. Backs Dismissal Of $2B Mexican Contract Case

    The Ninth Circuit on Wednesday affirmed a lower court decision to dismiss a Mexican corporation’s multibillion dollar lawsuit against a Mexican government-owned salt mining company over an allegedly breached deal for a lucrative salt production byproduct, saying the U.S. court lacked jurisdiction.

  • August 15, 2018

    NY, Calif. L'Oreal Keratin Classes Get Partial Cert.

    A federal judge Wednesday granted partial certification to New York and California classes in false advertising litigation against L'Oreal USA Inc. over a shampoo and two related hair products, denying some class claims and a nationwide class because they turned on whether consumers relied on the alleged misrepresentations, which can only be determined individually.

  • August 15, 2018

    9th Circ. Won't Revive $600M Antitrust Row Against Mitsubishi

    The Ninth Circuit affirmed Wednesday a lower court decision tossing a $600 million antitrust suit against Mitsubishi Corp. related to its joint ownership of a Mexican government-owned salt company, agreeing that U.S. courts can’t interfere in matters involving government acts within that government's own borders.

  • August 15, 2018

    Ogletree Must Show Judge Contract In Atty Gender Bias Suit

    A California federal judge said Wednesday that he will need to see Ogletree Deakins Nash Smoak & Stewart PC's contract with a former nonequity shareholder before deciding whether to transfer her proposed gender bias class action, send it to arbitration or keep it in his court.

  • August 15, 2018

    FTC’s $1.3B Loan Row Win Used ‘Red Herring,’ 9th Circ. Told

    Professional auto racer Scott Tucker asked the Ninth Circuit on Wednesday to reverse a $1.3 billion judgment against his payday loan companies for deceiving and overcharging customers, saying borrowers’ loan contracts included all necessary information and calling the Federal Trade Commission’s claim they hid unfavorable terms “a red herring.”

  • August 15, 2018

    Calif. Court Rejects Enviros' Bid To Close Injection Wells

    A California state appeals court on Tuesday denied the Center for Biological Diversity's petition to order the immediate closure of oil and gas wells injecting fluids into certain underground aquifers, finding that the Safe Drinking Water Act does not require such an action.

  • August 15, 2018

    EEOC Litigation Wave Continues With Grand Hyatt Bias Suit

    The U.S. Equal Employment Opportunity Commission hit Grand Hyatt New York with a disability bias suit Wednesday, marking at least the 16th new discrimination or harassment suit the agency has filed in the first 15 days of August.

  • August 15, 2018

    9th Circ. Hands Actress Fees In Movie Co.'s Appeal

    The Ninth Circuit agreed Wednesday to grant $17,000 in attorneys' fees and costs to counsel for actress Elizabeth Banks in an appeal over a prior $319,000 in fees she won after fighting off a company’s copyright infringement suit over the 2014 comedy “Walk of Shame."

  • August 15, 2018

    Mintz Levin Snags Ex-Jeffer Mangels Enviro Pro In Calif.

    Mintz Levin Cohn Ferris Glovsky and Popeo PC strengthened its San Francisco office with the hire of a former Jeffer Mangels Butler & Mitchell LLP attorney who will bring to the firm his experience in dealing with California’s prevailing wage statute in addition to environmental and land use law.

  • August 15, 2018

    $10.5B Calif. Property Tax Measure Could Head To 2020 Ballot

    Supporters of a potential California ballot measure that would change how large commercial and industrial properties are taxed — potentially increasing property tax revenues by up to $10.5 billion annually — say they’ve gathered enough signatures to send the question to the ballot in 2020.

  • August 15, 2018

    Arbitration Deal Doomed By Its Own Language: Calif. Panel

    A California state appeals court on Tuesday affirmed an order voiding an agreement staffing company Robert Half International Inc. had cited in seeking to send an ex-worker’s proposed wage class action to solo arbitration, saying the company’s overbroad arbitration pact doomed itself.

  • August 15, 2018

    Music Rights Co. Can't Get Suit Against Radio Group Going

    A California federal judge on Tuesday refused to resume Global Music Rights LLC's suit alleging that industry group Radio Music License Committee Inc. is operating an "illegal cartel," telling the performance rights organization it should litigate in Pennsylvania, where it was sued first.

  • August 15, 2018

    Ex-CPA Gets 30 Months For $1.3M Client Fraud

    A California federal judge has sentenced a former certified public accountant to 30 months in prison for wire fraud and money laundering for swindling a client and family friend out of $1.3 million, according to the U.S. Department of Justice.

  • August 15, 2018

    9th Circ. Revives Suit Against ICE Atty Who Forged Docs

    The Ninth Circuit has revived a lawsuit by a permanent resident against the Immigration and Customs Enforcement attorney convicted of forging a document in his removal proceedings that could have resulted in the resident being deported.

  • August 15, 2018

    BofA Seeks High Court Review Of 9th Circ. Preemption Ruling

    Bank of America on Tuesday asked the U.S. Supreme Court to review the Ninth Circuit's ruling that the National Bank Act doesn't preempt a California state mortgage escrow interest law, arguing that the ruling is incorrect and creates “significant uncertainty” about whether other state banking laws apply to national banks.

  • August 15, 2018

    9th Circ. Seeks Wash. Justices' Help In Ferry Liability Row

    The Ninth Circuit on Tuesday asked the Washington State Supreme Court for help determining whether the Port of Bellingham or its lessee, a ferry operator, is liable for a worker’s injury on the leased property that resulted in a jury awarding $16 million to the worker.

  • August 15, 2018

    Masimo, Dominion Settle Suit Over Blood Monitoring Patent

    A California federal judge has dismissed an infringement suit Dominion Assets LLC brought against rival Masimo Corp. over noninvasive blood monitoring intellectual property, after the two companies told the court they reached a settlement.

  • August 15, 2018

    9th Circ. Won't Revive Tribe's VA Reimbursements Suit

    The Ninth Circuit on Wednesday affirmed a lower court's dismissal of a suit brought by the Gila River Indian Community pushing for reimbursements from the U.S. Department of Veterans Affairs for health care it provided for veterans, agreeing that the law blocked the court's jurisdiction.

  • August 15, 2018

    Davis Polk, Cooley Steer ViewRay's $150M Follow-On Offering

    ViewRay Inc., a medical technology company that specializes in MRI and external-beam radiation therapy for simultaneous imaging and treatment of cancer patients, on Wednesday said it will raise an additional $150 million through a follow-on offering that will be guided by Davis Polk & Wardwell LLP and Cooley LLP.

Expert Analysis

  • Time To Update Prop 65 Warnings For Residential Rentals

    Andrea Sumits

    The ubiquitous Proposition 65 warning signs posted throughout apartment communities in California may soon become a thing of the past. Under a new draft rule that is being finalized, safe harbor warnings for residential rental properties will be found in lease agreements rather than on posted signs, says Andrea Sumits of Environmental General Counsel LLP.

  • 9th Circ. Criticism Of Judicial Notice Trend Is Significant

    Kevin LaCroix

    The Ninth Circuit's opinion this week in Khoja v. Orexigen Therapeutics makes clear that the court is concerned about the doctrines of judicial notice and incorporation by reference being applied loosely in securities cases. This could result in fewer dismissals, or at least fewer dismissals with prejudice, at the motion to dismiss stage, says Kevin LaCroix of RT ProExec.

  • California Opens The Door To International Arbitration

    Sarah Reynolds

    Last month, California passed a law clarifying that lawyers who are not members of the state bar may appear in international arbitrations seated in California without local counsel. As a result, San Francisco and Los Angeles will likely see an increase in international arbitrations — particularly given their access to the Pacific Rim and Latin America, say attorneys with Mayer Brown LLP.

  • Unclear Which Way Wind Blows After Reversal Of Alta Wind

    Julie Marion

    The Federal Circuit recently reversed the U.S. Court of Federal Claims decision in Alta Wind v. United States, finding the trial court's method of valuing the wind farm properties did not accurately represent their fair market value. The decision was unclear, however, about how the lower court should determine the value on remand, leaving the renewable energy industry with a number of questions, say attorneys at Latham & Watkins LLP.

  • San Francisco Follows Chicago With Privacy Plan

    Xiaoyan Zhang

    San Francisco is the second major city to take expansive action to protect residents from the misuse and misappropriation of their personal data by corporations for profit. However, this proposed policy initiative differs from Chicago's proposed ordinance in at least three major ways, say Xiaoyan Zhang and Ariana Goodell of Reed Smith LLP.

  • Takeaways From 1st Retroactive Application Of Dynamex

    Desi Kalcheva

    The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • Federal Law Both Sword And Shield In Cannabis Litigation

    Matthew Pierce

    While federal law prohibits the use of marijuana under any circumstances, the cannabis industry continues growing rapidly as more U.S. states legalize its use. The conflicting legal regimes have led to surprising, sometimes counterintuitive results in litigation and bankruptcy cases, says Matthew Pierce of Landis Rath & Cobb LLP.