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  • October 10, 2018

    9th Circ. Seems Receptive To Hedge Funder's ID Theft Appeal

    A Ninth Circuit panel pushed back Wednesday against the federal government’s argument that an ex-hedge fund manager jailed for a multi-million-dollar fraud scheme was also rightly convicted for aggravated identity theft, with judges calling a prosecutor’s argument “circular,” “backward,” and “maybe upside down.”

  • October 10, 2018

    Faulty J-M Pipes Will Cost Cities $15M, Bellwether Jury Told

    Several cities and water utilities that bought J-M Eagle plastic pipes told a California jury Wednesday that roughly a third of the pipes would fail ahead of schedule and asked for around $15 million in damages plus penalties potentially worth millions more during opening statements in a bellwether trial in the sprawling False Claims Act dispute.

  • October 10, 2018

    GM Hid Knowledge Of Faulty Brakes In Some Cars, Suit Says

    A California couple Tuesday filed a putative class action in a California federal court alleging General Motors knowingly sold Cadillacs, Chevrolets and GMC SUVs and pickups with dangerously defective brakes.

  • October 10, 2018

    Calif. High Court OKs New Judiciary Ethics Rules

    California's Supreme Court updated its judicial ethics code on Wednesday with a series of amendments that, among other changes, prohibit discrimination based on gender and expression, address when and how judges should use social media, and allow judges to accept small gifts from nonattorneys. 

  • October 10, 2018

    Settlement In Family Separations Case Tentatively Approved

    A California federal judge on Tuesday approved a preliminary settlement between the Trump administration and immigrants in three companion cases challenging family separations in detention, finding that the proposal appeared fair at the current stage of the litigation.

  • October 10, 2018

    Trump Crackdown May Cool Tech Deals, Sophos GC Says

    Security software company Sophos Group PLC’s general counsel on Wednesday warned attorneys at DLA Piper’s technology conference in Silicon Valley of the impacts of new Trump-era rules governing international tech transactions, saying completing those deals may take longer, be more costly and might not happen.

  • October 10, 2018

    Feds Want 9th Circ. To Reverse Pause Of DACA Notice Ruling

    The Trump administration on Tuesday urged the Ninth Circuit to reverse a California federal court’s order that temporarily barred the federal government from removing from the Deferred Action for Childhood Arrivals program any class member in the case without first giving them notice and a chance to respond.

  • October 10, 2018

    Duane Morris Adds Trade Secrets Buff From Knobbe Martens

    Duane Morris LLP added a Knobbe Martens intellectual property veteran with a wide range of experience and expertise in trade secret matters as a partner to its San Diego office, the firm announced.

  • October 10, 2018

    LeClairRyan Adds Cybersecurity-Focused Atty From SF Fed

    LeClairRyan has brought on an attorney from the Federal Reserve Bank of San Francisco who specializes in privacy, data security, financial services and white collar matters and litigation, the firm announced Tuesday.

  • October 10, 2018

    NCAA Sanction Of Former Coach Declared Invalid In Calif.

    A California state judge has declared that the show-cause provision of NCAA bylaws is not legal in the state, finding the association's sanction against former University of Southern California assistant football coach Todd McNair runs afoul of state law prohibiting contract provisions that restrict lawful employment.

  • October 10, 2018

    9th Circ. Must Revisit Escobar Ruling, Art School Says

    A California art school on Tuesday scorched the Ninth Circuit’s recent ruling that False Claims Act liability may exist if government officials “care” that regulations were violated, saying the ruling flouted the U.S. Supreme Court’s Escobar decision and must be revisited. 

  • October 10, 2018

    12 Firms Vying To Lead 9 Tesla Take-Private Tweet Suits

    Twelve law firms submitted bids in California federal court on Tuesday asking that nine securities class actions — filed against Tesla Inc. and CEO Elon Musk over his tweets about taking the company private — be consolidated and to be appointed as lead counsel.

  • October 10, 2018

    Ogletree Says Atty Ignored Chance To Opt Out Of Arbitration

    Ogletree Deakins Nash Smoak & Stewart PC on Tuesday pushed back against a former shareholder's argument in her gender bias suit that an arbitration agreement she claims she never consented to should be set aside, saying she was given the chance to opt out but did not do so before the deadline.

  • October 10, 2018

    Altera Didn't Challenge IRS Rule Too Late, 9th Circ. Told

    Altera Corp. and the IRS have told the Ninth Circuit that a six-year window for challenges under the Administrative Procedure Act doesn’t bar the chipmaker’s suit over the agency’s cost-sharing rules because tax regulations can’t be disputed before they’ve been enforced.  

  • October 10, 2018

    BofA Workers Want Approval Of $11M Mileage Expense Deal

    About 1,900 Bank of America NA workers have asked a California federal judge to give preliminary approval to an $11 million deal settling claims that the bank failed to reimburse loan officers for use of their personal vehicles, saying the deal balanced the risk of going to trial given the lack of mileage records.

  • October 10, 2018

    Venture-Backed Software Co. Anaplan Steps Up IPO Range

    Venture-backed cloud software provider Anaplan Inc. bumped up the target for its initial public offering Wednesday, looking to raise $248 million at midpoint after initially setting its midrange goal at $217 million less than two weeks ago.

  • October 10, 2018

    Fenwick, Kirkland Steer $2.1B Imperva Take-Private Deal

    Cybersecurity firm Imperva Inc. said Wednesday it will go private in a $2.1 billion deal with technology focused investment firm Thoma Bravo LLC, with Fenwick & West LLP guiding the seller and Kirkland & Ellis LLP representing the buyer.

  • October 10, 2018

    Easton Can't Dodge Bulk Of Bat Labeling Class Action

    Easton Diamond Sports LLC has whiffed on its bid to exit a proposed class action alleging it mislabels the weights of its expensive youth baseball bats, after a California federal court tossed a few of the suit’s claims but allowed the meat of it to go forward.

  • October 10, 2018

    Man Who Sold Bank Info To Russian Trolls To Serve 6 Mos.

    A California man who pled guilty to selling stolen bank account information later used by Russian online trolls to arrange payments related to an alleged influence campaign intended to tip the 2016 election toward President Donald Trump was sentenced in D.C. federal court Wednesday to six months in prison.

  • October 9, 2018

    ICOs Are Coming Of Age, Say DLA Piper, Deloitte Experts

    While some may still fear it's a fickle fad, the market for initial coin offerings is maturing and becoming more structured, financial technology and legal experts said Tuesday at a Silicon Valley conference hosted by DLA Piper.

Expert Analysis

  • Confusion In Calif. Privacy Act’s Anti-Discrimination Rule

    Grant Davis-Denny

    A unique feature of the California Consumer Privacy Act is its provision that expressly prohibits businesses from discriminating against California residents for exercising their CCPA rights. It allows two exceptions, but both contain significant ambiguities, says Grant Davis-Denny of Munger Tolles & Olson LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Calif. Public Disclosure Rule May Mean Trouble For Insurtech

    Nicholas Gregory

    In the debate between transparent underwriting and the protection of trade secrets, the California Department of Insurance has conclusively picked a side with a recent opinion. However, the CDI has not necessarily picked the winning side as a matter of law, and the issue is likely to wind up in courts soon, say Nicholas Gregory and Shawn Hanson of Akin Gump Strauss Hauer & Feld LLP.

  • Brands, Beware Too Much Influence Over Your Influencers

    Paul Menes

    In light of the new independent contractor test developed by the California Supreme Court's recent decision in Dynamex Operations West v. The Superior Court of Los Angeles County, brands in the state would be wise to have their agreements and statements of disclosure responsibilities with influencers reviewed and re-evaluated, says Paul Menes of ADLI Law Group.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • 5 Key Defenses For Autonomous Vehicle Litigation

    Patrick Reilly

    Potential theories of liability for autonomous vehicles have not yet been fleshed out or tested in court, but we can expect negligence and product liability lawsuits — not to mention statutory claims — as the government begins regulating. Manufacturers can lean on at least five available defenses if litigation arises, say attorneys at at Faegre Baker Daniels LLP.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 9th Circ. Broadly Interprets Service Rules For Foreign Cos.

    Daniel Prince

    The Ninth Circuit’s recent decision in the Pangang trade secrets case provides the U.S. government substantially more methods by which it can properly serve foreign organizations, say attorneys with Paul Hastings LLP.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.