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California

  • 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.

  • October 12, 2018

    Breaking Down The Prop 65 Trial That Has Starbucks On Edge

    On Monday, dozens of companies that sell coffee in California will try to convince a California judge that they shouldn’t pay any penalties for violating the state’s cancer-warning statute Proposition 65, in the final phase of a long-brewing case about the presence of the chemical acrylamide in coffee. Here, Law360 takes a look at the case in advance of the trial.

  • October 12, 2018

    11 Firms To Lead IPOs Raising $1.8B Amid Market Volatility

    Eleven firms are scheduled to guide nine initial public offerings projected to raise more than $1.8 billion during the week of Oct. 15, steering a lineup led by information technology and gambling companies that are going public under renewed market volatility.

Expert Analysis

  • 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.

  • Hurricane Florence: How State Laws Protect Service Members

    Jeffrey Naimon

    As the southeastern United States braces for Hurricane Florence, the governors of several states have authorized National Guard response efforts. Creditors can do their part by being aware of the laws protecting military service members, say attorneys with Buckley Sandler LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    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 Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • LED Bulb Case Shines Light On FTC Enforcement

    Terri Seligman

    Last month, the Federal Trade Commission announced it would be mailing almost half a million checks to consumers who previously purchased Lights of America LED lightbulbs. This enforcement action holds key lessons for companies and their counsel involved in formulating advertising claims, particularly technical claims about performance, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

  • Guest Feature

    Tom Mesereau Talks MJ, Cosby, Unconventional Choices

    Randy Maniloff

    Tom Mesereau may be recently recognizable as one of the attorneys who defended Bill Cosby, but his biggest claim to fame is successfully defending Michael Jackson in 2005. On the eve of what would have been the King of Pop’s 60th birthday, Randy Maniloff, of White and Williams LLP, spoke to Mesereau about his unconventional path to a remarkable career.

  • Why State Marijuana-Impaired Driving Laws Need Reform

    Ian Stewart

    Because current state laws relating to marijuana-impaired driving lack an objective impairment standard, only those who clearly demonstrate impaired driving are likely to be prosecuted and convicted, says Ian Stewart of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • To Stay Or Not To Stay: Considering The '5-Year Rule'

    Karin Bohmholdt

    In Martinez v. Landry Restaurants, a California state appeals court recently held that the time period during which a federal appeal from an order remanding a case to state court is pending should be included when calculating the “five-year rule” for bringing a case to trial. This shows that all counsel should consider whether to seek a stay of proceedings where the case crosses jurisdictional boundaries, says Karin Bohmholdt of Greenberg Traurig LLP.