• May 15, 2018

    Nonclass Attys Deserve Cut Of $10B VW Deal, 9th Circ. Told

    Hundreds of lawyers claiming their work helped secure the $10 billion resolution of multidistrict litigation from consumers over Volkswagen AG's diesel emissions scandal told the Ninth Circuit on Monday that they deserve a cut of attorneys' fees and costs because their contributions were significant.

  • May 15, 2018

    DACA's Legality, Rollback Focus Of 9th Circ. Arguments

    The Ninth Circuit heard oral arguments Tuesday in a case challenging the Trump administration’s attempted rescission of the Deferred Action for Childhood Arrivals program, with both sides focusing on the government’s assertion that the initial implementation of the program was unlawful.

  • May 15, 2018

    Under Armour Hit With Suit Over MyFitnessPal Data Breach

    Under Armour Inc. is facing a putative class action in California federal court by a user of its MyFitnessPal food and nutrition app claiming the company is liable for the theft of personal information from her and millions of others in a data breach earlier this year.

  • May 15, 2018

    Calif. Lawmaker Hustles To Legalize Sports Betting

    A California State Assembly member moved quickly Monday to propose a constitutional amendment making sports betting legal in the Golden State, the same day the U.S. Supreme Court struck down a federal ban prohibiting states from legalizing sports betting.

  • May 15, 2018

    Dell To Pay $3M To End DOL Pay Discrimination Claims

    Dell Technologies Inc. has agreed to pay nearly 500 female and African-American employees $2.9 million to settle allegations that four locations in California and North Carolina paid women and some minority workers less than their white male counterparts, the U.S. Department of Labor’s federal contracts watchdog announced Monday.

  • May 15, 2018

    Google, YouTube Prevail In Video Takedown Libel Suit

    A California federal judge Tuesday handed a win to YouTube and its parent Google in a suit that alleges the company libels video makers when it tells viewers a video has been removed for violating its terms, saying it is "unlikely" for a reasonable reader to interpret the site's rules in a way that exposes the creators to ridicule.

  • May 15, 2018

    Toyota Unit Gets Early Exit From DOJ Fair Lending Deal

    Toyota’s auto lending branch said in a filing with the U.S. Securities and Exchange Commission on Tuesday that the U.S. Department of Justice and Consumer Financial Protection Bureau agreed the company has satisfied the requirements for early termination of a consent order reached in 2016 over allegations of unfair lending practices.

  • May 15, 2018

    Uber’s Bid To Ditch Assault Claims 'A Costly Sideshow': Judge

    Uber Technologies Inc. on Tuesday lost its bid to trim assault and false imprisonment claims filed by a 16-year-old girl who said the ride-hailing giant negligently hired a lascivious driver who held her in his car against her will, after a San Francisco judge called Uber's motion "a costly sideshow."

  • May 15, 2018

    Calif. Tribe Asks Justices To Spurn County's Casino Land Suit

    The Ione Band of Miwok Indians urged the U.S. Supreme Court on Monday to reject a California county’s challenge to a U.S. Department of the Interior land-into-trust acquisition for a proposed tribal casino, saying the Ninth Circuit correctly interpreted federal law in backing the department’s decision.

  • May 15, 2018

    Ex-Herbalife Sellers Fight Bid To Send $1B RICO Suit To Calif.

    Former distributors for nutrition supplement company Herbalife Ltd. urged a Florida federal court Monday to deny a bid to move their Racketeer Influenced and Corrupt Organizations Act suit, which could result in up to $1 billion in damages, to Central California, arguing Florida is the dispute's “nerve center.”

  • May 15, 2018

    CVS Seeks Exit From Proposed HIV Privacy Class Action

    CVS on Monday sought to exit a proposed class action alleging the health and privacy of HIV/AIDS patients are threatened by a program that requires them to get their specialty medication only at a CVS pharmacy or by mail order, telling a California federal judge the whole complaint was “defective.”

  • May 15, 2018

    Private Detainee Center Can't Dodge Labor Abuse Row

    A California federal judge on Monday declined to toss a putative class action filed by immigrants who allege that their wages were stolen by the owner of a privately run detention facility, but did pare back some of the wage allegations.

  • May 15, 2018

    Holland & Knight Bolsters Int'l Trade Group With Ex-DHS Atty

    Holland & Knight LLP has added a former U.S. Department of Homeland Security assistant secretary as a partner in its international trade group, the firm said in a statement Monday.

  • May 15, 2018

    CFTC Says Calif. Forex Trader Scammed Investors

    The U.S. Commodity Futures Trading Commission has accused a California-based foreign currency trader of ripping off investors by acting as an unregistered commodities adviser and running a currency contracts scam, according to a complaint filed in California federal court Monday.

  • May 15, 2018

    Calif. Appeals Panel Revives UC Prof's Whistleblower Case

    A California appeals court has revived a whistleblower case filed by a former radiology professor at the University of California, Irvine School of Medicine, finding there should be a trial to determine if the university fired him because he complained of patient safety risks at the medical school’s brain imaging center.

  • May 15, 2018

    Sheppard Mullin Adds Hogan Lovells, Manatt Phelps Partners

    Sheppard Mullin Richter & Hampton LLP on Monday announced two lateral hires in California for its corporate practice, partners from Hogan Lovells and Manatt Phelps & Phillips LLP with significant experience representing clients in technology and health care, among other industries.

  • May 15, 2018

    Honda CR-V Owners Call Crash 'Sensing' System Dangerous

    A trio of California Honda CR-V owners filed a proposed class action Monday in California federal court against the automaker, claiming their cars came equipped with defective collision avoidance systems that are actually making them less safe.

  • May 15, 2018

    IRS Escapes Facebook’s $7B Suit Over Blocked Tax Appeal

    A California federal judge has granted the Internal Revenue Service’s motion to dismiss a $7 billion lawsuit brought by Facebook Inc. that alleged the IRS unjustly denied the social media company’s right to appeal the agency’s decision to adjust its taxes after an audit of its returns.

  • May 15, 2018

    Yahoo Not Covered In TCPA Suits, AIG Tells 9th Circ.

    An AIG insurer on Monday urged the Ninth Circuit to uphold a California federal court’s ruling that the insurer owes Yahoo no defense in several Telephone Consumer Protection Act lawsuits, saying the lower court properly applied case law in finding that the underlying actions did not allege a potentially covered privacy violation.

  • May 15, 2018

    Uber, Lyft Vow Not To Push Arbitration For Sex Assault Claims

    Uber Technologies Inc. and Lyft Inc. said Tuesday that they will no longer push arbitration for individual claims of sexual assault or sexual harassment against riders, drivers or employees, clearing the way for such claims to be heard in court.

Expert Analysis

  • Congress Makes A Splash By Tackling Tip Pools

    Marc Zimmerman

    The tug of war over which restaurant employees are entitled to a piece of customer gratuities continues. Seven years after the U.S. Department of Labor issued regulations expressly prohibiting employers from requiring tipped employees to share gratuities with nontipped staff, the rope has moved in the opposite direction, say Marc Zimmerman and Kathryn Lundy of Michelman & Robinson LLP.

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.

  • The Carbon Tax Could Come Soon To A State Near You

    Ryan Maness

    Despite recent setbacks in state legislatures, this year's carbon tax push has been the most successful in American history, demonstrating that the idea has carved a place in our political landscape, says Ryan Maness, tax counsel at government relations services firm MultiState Associates Inc.

  • Bristol-Myers Squibb: A Dangerous Sword

    Neil Tyler

    Even if courts begin to consistently dismiss putative nationwide classes based on Bristol-Myers Squibb Co. v. Superior Court of California, filing a motion to dismiss for lack of personal jurisdiction may not always be the best strategic and business decision for defendants, say Neil Tyler and Claudia Vetesi of Morrison & Foerster LLP.

  • Another Take On 'Take-Home' Asbestos Exposure In Calif.

    Theresa Mullineaux

    A California appellate court recently upheld a trial court’s summary judgment in a secondary exposure asbestos case where the plaintiffs could offer no admissible evidence that the decedent’s father worked around asbestos-containing materials. While this opinion is unpublished and uncitable under California rules, its legal theory can apply to other cases, says Theresa Mullineaux of Husch Blackwell LLP.

  • Series

    State Tax After TCJA: Investment In Depreciable Property

    Jeremy Abrams

    In the first installment of the series, Jeremy Abrams and Sebastian Watt of Reed Smith LLP seek to provide a high-level overview of the most significant corporate state tax issues after the Tax Cut and Jobs Act and use state-specific examples to show that while determining how a state will conform to the Internal Revenue Code is not always clear, taxpayer-friendly results are possible.

  • Equal Pay: Where Do We Stand Now?

    Debra Ellwood Meppen

    In Kelly Ellis v. Google, a California federal judge recently denied Google's bid to dismiss classwide claims alleging gender-based pay discrimination. If the class is certified and if the plaintiffs win, it may signify the beginning of the end of the fight for equal pay for women, say Debra Ellwood Meppen and Laurie DeYoung of Gordon & Rees LLP.

  • How States, Federal Agencies Are Challenging Drug Prices

    Tom Bulleit

    High prescription drug prices are increasingly a focal point in the discussion of U.S. health care spending. While there is little consensus in Congress, there has been considerable recent activity in the federal executive branch and in state legislatures, say Tom Bulleit and Rebecca Williams of Ropes & Gray LLP.

  • Ethical Advocacy In Mediation: You May Need A New Plan

    Jeff Kichaven

    To discharge their ethical obligations to their clients during a mediation, lawyers must not allow mediators to take on inappropriate responsibilities. Lawyers should not sign whatever agreement a mediator puts under their nose, and should conduct as much of the face-to-face settlement negotiations as possible, says Jeff Kichaven, an independent mediator.

  • Anonymous Posts Of Alleged Trade Secrets: Free Speech?

    Michael Weil

    Several California appellate courts have recently ruled on conflicts between employers and publishers over the appropriateness of anonymous online posts, including the alleged publication of trade secrets. Now the California Supreme Court is poised to decide Hassell v. Bird, a key case in this free-speech battle, says Michael Weil of Orrick Herrington & Sutcliffe LLP.