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  • 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.

  • August 15, 2018

    Pulling Up Stakes: McCarter & English, Orrick, Day Pitney

    In our latest roundup of deal makers on the move, McCarter & English lands a new corporate partner in Philadelphia, Orrick Herrington & Sutcliffe LLP nabs financing pros from Proskauer Rose LLP and Kirkland & Ellis LLP, and Day Pitney LLP adds to its private equity and financing practice with the hire of a partner from Robinson & Cole LLP.

  • August 15, 2018

    Cambodian Immigrants Win Class Cert. In Due Process Fight

    A California federal judge has ruled that 1,900 Cambodian nationals facing removal orders may move forward as a class with their claims that the U.S. government's policy of re-detaining them without notice or explanation violates their due process rights.

  • August 15, 2018

    AT&T Faces $224M Privacy Suit Over Cryptocurrency Theft

    A well-known cryptocurrency investor slapped AT&T with a nearly $224 million lawsuit in California federal court Wednesday, alleging that the carrier’s failure to provide adequate data security, despite previously suffering high-profile privacy incidents, allowed for the theft of millions in digital currency from his accounts.

  • August 14, 2018

    SEC Strikes Deals In Municipal Bond 'Flipping' Scheme

    Two companies allegedly posed as retail investors to buy municipal bonds, then illegally sold them at a profit to broker-dealers, according to lawsuits filed in Florida and California federal courts by the U.S. Securities and Exchange Commission on Tuesday, but the SEC said it had already settled with the majority of the scheme's alleged participants.

Expert Analysis

  • Calif. Courts Say Schools Must Protect Students

    Brian Kabateck

    Almost two decades after the Columbine shooting, we still suffer from attacks committed by obviously troubled individuals already on school officials’ or law enforcement’s radar. Recent rulings by California courts have held that schools have an affirmative duty to take reasonable steps to protect students, say Brian Kabateck and Joana Fang of Kabateck Brown Kellner LLP.

  • Why Bristol-Myers Applies To Absent Class Members: Part 3

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb decision, some courts have acknowledged that class certification is a form of joinder like traditional joinder, even while arguing that they do not need independent jurisdiction over class members’ claims. The irrational results speak for themselves, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Calif. Employer's Guide To Tracking Off-The-Clock Tasks

    Elizabeth Arnold

    The California Supreme Court's recent ruling in Troester v. Starbucks means that all work time may be considered compensable. Elizabeth Arnold and Chester Hanvey of Berkeley Research Group LLC describe how to conduct a time and motion observation study in the context of this decision.

  • Sidewalks: The Next Mobility Frontier

    Michele Satterlund

    Sidewalks are an increasingly integral part of how people and goods are transported. While some jurisdictions are banning certain technologies from their sidewalks, others are recognizing the importance of expanding mobility options, says Michele Satterlund, an attorney with McGuireWoods LLP and lobbyist with McGuireWoods Consulting.

  • Why Bristol-Myers Applies To Absent Class Members: Part 2

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb v. Superior Court of California decision, some courts have chosen to treat a nonresident’s claim as within a court’s jurisdiction if the claimant is an absent class member, but not if the claimant is a named plaintiff. This has led to anomalous, irreconcilable outcomes, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • What District Courts Are Saying About Admissibility Of IPR

    David Cavanaugh

    Given the frequency with which inter partes reviews are utilized in tandem with district court litigation to resolve patent disputes, the question that practitioners are starting to face with some regularity is whether, and to what extent, IPR decisions are admissible in district court litigation, say attorneys with WilmerHale.

  • 'Ban The Box' Turns 20: Decoding The Current Framework

    Stephen Woods

    Twenty years ago, the first state "ban the box" law crystallized a movement that, in time, would yield similar background check restrictions across the U.S. The result is a crisscrossing jumble of requirements, putting employers in a difficult position when dealing with applicants in different jurisdictions, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Why Bristol-Myers Applies To Absent Class Members: Part 1

    Brian Troyer

    A split is growing among courts over the application of Bristol-Myers Squibb v. Superior Court of California in class actions. Courts that have declined to apply the decision to absent class members have given a dizzying array of reasons, but have produced internally contradictory and legally problematic results, says Brian Troyer of Thompson Hine LLP.