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California

  • October 17, 2018

    Calif. Law Firm Beats Malpractice Suit Over Altered Stock Deal

    A California appellate court has refused to revive a suit against a Silicon Valley law firm that allegedly changed details of a stock buyout agreement without client approval, resulting in an underlying suit by a creditor of the client’s company.

  • October 17, 2018

    ACLU Seeks Docs Tied To ICE Agents Hiding Their Identities

    The federal government is violating the Freedom of Information Act by failing to respond adequately and in a timely manner to the American Civil Liberties Union's request for documents related to immigration officers allegedly concealing their identities when enforcing the nation’s immigration laws, the human rights watchdog contended Tuesday in California federal court.

  • October 17, 2018

    9th Circ. Asked To Hold ICWA Ruling For High Court Appeal

    Adoptive parents and their children have urged the Ninth Circuit to put a hold on its decision to toss a proposed class action claiming parts of the Indian Child Welfare Act are unconstitutional, saying their planned appeal will detail several ways the circuit court's ruling diverged from U.S. Supreme Court precedent.

  • October 17, 2018

    Full 9th Circ. Won’t Refuel Airfare Price-Fixing Suit

    The full Ninth Circuit has refused to take another stab at an antitrust suit that accuses three major airlines and an airfare publisher of plotting to fix prices for travel among multiple cities.

  • October 17, 2018

    Left-Out CRT Buyers Blast ‘Paltry’ $6M Fee-Share Proposal

    Carving $6 million from a massive attorneys' fees award isn’t enough to overcome the fundamental failure to represent indirect buyers of cathode ray tubes from three states originally excluded from a $576.8 million bundle of antitrust settlements, buyers from the excluded states told a California federal judge Tuesday.

  • October 17, 2018

    Enviros Sue For Info On Massive LA County Development

    The Center for Biological Diversity filed a lawsuit Tuesday alleging Los Angeles County has illegally withheld documents related to the proposed 19,000-home Centennial development, asking a California state court to force the county's hand.

  • October 17, 2018

    Attys From 2 Firms Seek $4.75M In Health Tech Co. Settlement

    Co-lead counsel Robbins Geller Rudman & Dowd LLP and Bernstein Litowitz Berger & Grossmann LLP asked a California federal court on Tuesday to award them $4.75 million in fees after securing a $19 million settlement for a class of investors who alleged that Quality Systems Inc. misled them about projected sales and financial performance.

  • October 16, 2018

    IRS Urges 9th Circ. To Revive Cost-Sharing Rule

    The IRS asked the Ninth Circuit for a second time on Tuesday to reverse the U.S. Tax Court’s invalidation of an agency rule challenged by chipmaker Altera Corp., arguing it hadn’t flouted federal law in requiring businesses to include stock-based compensation in their cost-sharing agreements with related parties.

  • October 16, 2018

    Viacom Is 2nd Co. To Sue Netflix With Exec. Poaching Claims

    Viacom Inc. has sued Netflix in Los Angeles Superior Court, claiming the entertainment streaming giant illegally recruits key employees away from other companies — including a former Viacom TV production executive — an allegation also made by Twentieth Century Fox in separate ongoing litigation.

  • October 16, 2018

    Facebook Users Say Consent Wasn't Informed In Privacy Row

    A proposed class of Facebook users urged the Ninth Circuit on Tuesday to revive their suit alleging the social media giant illegally scraped information about their visits to medical websites, saying their consent to the company’s terms was meaningless because they’d relied on its promise that “privacy is important to us.”

  • October 16, 2018

    MoFo Nabs Fujitsu's Compliance Head, Ex-Prosecutor In SF

    Morrison & Foerster LLP has hired Fujitsu's head of international compliance, who has also worked as an assistant U.S. attorney in California and New York, to join its San Francisco office, the law firm said.

  • October 16, 2018

    Viacom Can't Arbitrate Kids' Data Privacy Row, Judge Says

    A California federal judge has shot down Viacom's bid to send to arbitration a proposed class action accusing it of unlawfully collecting and selling personal information belonging to children who used one of its mobile apps, ruling that there was no evidence that the users had ever seen or agreed to the arbitration requirement.

  • October 16, 2018

    Navy Federal To Shell Out $24.5M To End Overdraft Action

    Navy Federal Credit Union has agreed to pay more than $24.5 million to end claims by a proposed class that the organization unfairly charges "Optional Overdraft Protection Fees," according to a motion for preliminary approval filed in California federal court.

  • October 16, 2018

    5M Walmart Workers Want Cert. In Background Check Suit

    A proposed class of five million Walmart applicants and employees have pressed a California federal judge for certification in a suit accusing the retail giant of adding extraneous material to background check notices it issued to applicants and new hires in violation of the Fair Credit Reporting Act. 

  • October 16, 2018

    Berkeley Prof Can't Avoid Harassment Settlement, Judge Told

    A former researcher for a renowned American philosopher at University of California, Berkeley urged a California judge Tuesday to enforce their confidential settlement resolving her sexual harassment suit, arguing that the professor can't get out of the contract just because the University of California Board of Regents might not back the deal.

  • October 16, 2018

    9th Circ. Won't Rethink Indian Child Welfare Act Ruling

    The full Ninth Circuit has declined to rethink tossing a proposed class action alleging that portions of the Indian Child Welfare Act are discriminatory and unconstitutional, standing by its decision that the dispute lodged by four children and their adoptive parents is moot because the kids were successfully adopted.

  • October 16, 2018

    Real Estate Rumors: Madison Realty, Sard Verbinnen, CBS

    Madison Realty Capital has reportedly loaned $36.1 million for a New York residential and retail project, Sard Verbinnen & Co. is said to be taking 65,000 square feet of space in New York, and CBS is reportedly selling its Los Angeles production studio and may get more than $700 million for the property.

  • October 16, 2018

    USC To Appeal ERISA Arbitration Denial To High Court

    The University of Southern California intends to ask the U.S. Supreme Court to decide whether employers can force workers who collectively sue over benefit plan mismanagement to resolve their claims through individual arbitration.

  • October 16, 2018

    Apple Dodges False Claims Suit Over B-1 Visas, For Now

    A California federal judge on Tuesday tossed with leave to amend a whistleblower’s False Claims Act lawsuit claiming Apple Inc. and the Indian company Infosys Technologies violated immigration laws by recruiting two Indian nationals with B-1 visas to conduct training sessions instead of obtaining the more expensive H1-B visas.

  • October 16, 2018

    Monex Slams CFTC’s 'Jurisdictional Overreach' In 9th Circ.

    Metals brokerage Monex Credit Co. criticized the Commodity Futures Trading Commission on Monday for what it called “blatant and limitless” jurisdictional overreach in the agency’s attempt to have the Ninth Circuit reverse the dismissal of its $290 million fraud case against Monex based on arguments that Congress has expressly rejected.

Expert Analysis

  • Looking Past The Issue Of Price Transparency In Health Care

    Mark Waxman

    Many describe "price transparency" as the solution to what is wrong with health care, but the reality may well be that transparency is only a stepping stone to actual price controls. Recent events illustrate the range of avenues being pursued as legislators address the cost of health care, say Mark Waxman and Kristin Jenkins of Foley & Lardner LLP​​​​​​​.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • What New Calif. Law Means For Connected Medical Devices

    Michael Buchanan

    Last month, California passed the first-ever state legislation aimed at regulating "internet of things" devices. The new law restricts liability to manufacturers of physical hardware — drawing a narrower line than the U.S. Food and Drug Administration's previous guidance, say Michael Buchanan and Michelle Bufano of Patterson Belknap Webb & Tyler LLP.

  • Hurdles Ahead For California's Female Director Mandate

    Teresa Johnson

    Many believe that California's new law requiring a minimum number of female directors at public companies is necessary. But the law also faces a number of criticisms, and its implementation may well be delayed or even blocked by constitutional challenges, say attorneys with Arnold & Porter.

  • Fighting ADA Website Suits, Without Federal Guidance

    Stephanie Sheridan

    Despite the large number of digital accessibility lawsuits — thousands in the last few years alone — brought under the Americans with Disabilities Act, there are still no bright-line rules that retailers can follow in order to avoid being targeted, say attorneys with Steptoe & Johnson LLP.

  • The Where, When And What Of DTSA Appeals: Part 2

    Gregory Lantier

    To predict the kinds of questions early Defend Trade Secrets Act appellate decisions may resolve, Gregory Lantier and Thomas Sprankling of WilmerHale consider how courts have interpreted other intellectual property statutes.

  • 11 New Insurance Laws After California Wildfires

    Samuel Sorich

    The 2017-2018 California wildfires and mudslides spurred the introduction and passage of multiple broad-based proposals that will require California homeowners insurers to change their contacts, their disclosures, and their claims and underwriting practices, say Samuel Sorich and Larry Golub of Hinshaw & Culbertson LLP.

  • How New Prop 65 Amendments Impact Calif. Businesses

    Lotus Fung

    Amendments to California's Proposition 65 which came into effect in August change the law's safe harbor warning requirements and create tailored warnings for specific chemical exposures and products. Businesses must keep in mind that even an exposure below legally defined threshold levels can open them to liability, say Lotus Fung and Manuel Fishman of Buchalter PC.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.