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California

  • October 15, 2018

    Don't Nix Challenge To Stalled Travel Waivers, Court Told

    A putative class has asked a California federal court not to heed the federal government’s bid to toss a class action challenging its alleged failure to implement a waiver program for President Donald Trump’s travel ban.

  • October 15, 2018

    DPW Holdings Helps Nab $85M Loan For Tribeca Hotel

    California-based DPW Holdings Inc. on Monday said an unnamed group it invests in has scored an $85 million loan for the construction of a 96-room luxury hotel in New York City's Tribeca neighborhood.

  • October 15, 2018

    Supreme Court Passes On Calif. Water Rights Fee Battle

    The U.S. Supreme Court on Monday declined to review the constitutionality of an annual fee imposed by California’s water control board on water right permit and license holders, leaving undisturbed a state appellate court holding that the fees do not violate the Constitution’s supremacy clause.

  • October 15, 2018

    New Trial Boutique Eschews Billable Hours, Partner Track

    Thirteen litigators have left McKool Smith to form Reichman Jorgensen LLP, a new trial boutique with offices in New York, Silicon Valley and Atlanta, leaving behind not only their previous law firm but also the billable hour as the new firm operates solely on an alternative fee basis, the firm announced Monday. 

  • October 15, 2018

    Qualcomm Fights Cert. Of 'Biggest Class Action In History'

    Qualcomm has asked the Ninth Circuit to review the certification of a class estimated to cover 250 million cellphone buyers who allegedly paid overages stemming from the chipmaker's anti-competitive licensing practices, saying the ruling creates "quite likely the biggest class action in history."

  • October 15, 2018

    Gigamon Seeks Toss Of Suit Over $1.6B Sale To Elliott

    Gigamon Inc. has asked a California federal court to toss a shareholder suit accusing directors of using an inaccurate financial forecast in its proxy statement for a $1.6 billion acquisition offer from hedge fund management firm Elliott Management Corp., with Gigamon saying the forecast it used reflected declines in 2017 revenue growth.

  • October 15, 2018

    Pulling Up Stakes: Dechert, Orrick, Munger Tolles

    In our latest roundup of deal makers on the move, Dechert LLP scores a capital markets and corporate finance pro, Orrick Herrington & Sutcliffe LLP adds two new private equity partners in London, and Munger Tolles & Olson LLP brings back a corporate attorney after his more than two years away from the firm.

  • October 15, 2018

    Justices Asked To Revive Va. Consumers' Hyundai Gas Claims

    Virginia consumers have asked the U.S. Supreme Court to reinstate their claims that Hyundai Motor America Inc. misrepresented the fuel economy of its Elantra cars, saying the Fourth Circuit overstepped in tossing them, since they were already preserved in broader multidistrict litigation in California being reviewed by the Ninth Circuit.

  • October 15, 2018

    Uber Failed To Prove Location Tracking Patent Invalid: PTAB

    The Patent Trial and Appeal Board has upheld two X One Inc. patents on location tracking technology, with the board finding that the claims challenged by Uber Technologies Inc. were not obvious in light of prior art.

  • October 15, 2018

    Starbucks Wins Last-Minute Stay Of Prop. 65 Penalties Trial

    A California appeals court issued a last-minute stay of Monday's scheduled trial to determine what penalties Starbucks Corp. and other coffee roasters owe for violating cancer-warning statute Proposition 65, after the roasters asked to wait until the state agency enacting the propositon finalizes a proposed rule saying coffee needs no cancer warnings.

  • October 15, 2018

    Sherwin-Williams, ConAgra Denied Cert In Lead Cleanup Suits

    The U.S. Supreme Court on Monday denied appeals by Sherwin-Williams, ConAgra and NL Industries seeking to overturn public nuisance judgments that held the companies liable for millions in remediation stemming from lead paint usage from decades before.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled?

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men.

  • October 12, 2018

    Susan Estrich Bolts Quinn Emanuel For Boies Schiller

    Boies Schiller Flexner LLP has snagged as partner feminist legal scholar Susan Estrich, who has spent much of her career advocating for legal reform surrounding sexual assault while also taking heat for representing controversial figures in the #MeToo movement.

  • October 12, 2018

    Jury Awards $6.3M In Fatal Farmers Market Auto Collision

    A California jury on Thursday awarded $6.3 million to the family of a 74-year-old man who was struck and killed by a vendor’s vehicle at a Southern California farmers market, finding the trade association that runs the market was almost entirely at fault for the accident.

  • October 12, 2018

    ‘Cheerleading’ Not Fraud, HP Atty Tells Startup Trial Jury

    A Hewlett Packard Malaysia manager was merely "cheerleading" when she described possible future work to a startup that now claims it was duped into providing tens of millions of dollars in free services and software, HP's attorney argued Friday at the close of a California federal trial.

  • October 12, 2018

    Insurer Can't Duck Yahoo's $4M Email Suit Coverage Row

    A California federal judge found on Friday that Yahoo's insurer largely failed to defend and indemnify the company for $4 million in attorneys' fees from multiple class actions accusing it of scanning customers' emails, but said it was up to a jury to decide whether the insurer's failures to come to Yahoo's aid were coverage errors or evidence of bad faith. 

  • October 12, 2018

    Feds, Calif. Urge 9th Circ. Not To Revisit Tribal Bingo Suit

    The federal government and California jointly urged the Ninth Circuit on Friday to reject the Iipay Nation of Santa Ysabel’s request that the appellate court rethink its ruling affirming a lower-court decision that shut down the tribe’s online bingo website, saying the ruling didn’t overlook the facts or the law.

  • October 12, 2018

    9th Circ. Revives Suit Over MusclePharm Protein Labeling

    The Ninth Circuit on Friday revived a putative class action alleging supplement maker MusclePharm Corp. mislabeled the protein content of an Arnold Schwarzenegger-branded supplement, saying the plaintiff can claim the company misrepresented the source of the protein.

  • October 12, 2018

    Blockchain Training For Arbitrators Can't Come Fast Enough

    Industry experts are praising an effort by the alternative dispute resolution provider JAMS to train arbitrators to better adjudicate disputes arising from blockchain transactions and smart contracts, saying education is key to ensuring that these disputes are resolved efficiently.

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.