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  • January 4, 2019

    Delta To Pay $2.3M To End Worker Background Check Suit

    Delta Air Lines Inc. has agreed to pay $2.3 million to settle a proposed class action brought on behalf of about 44,100 job applicants that claimed Delta flouted federal and California law by including extraneous information in notifications to prospective employees about background checks.

  • January 4, 2019

    Supreme Court Will Review Negligence Standard In M&A Suit

    The U.S. Supreme Court agreed Friday to hear Emulex Corp.’s challenge to a Ninth Circuit finding that investors must show the company was merely being negligent rather than intentionally engaging in wrongdoing when it allegedly misled shareholders about a merger offer.

  • January 4, 2019

    Calif. Won't Enforce Blackjack Ban In Card Rooms, Tribes Say

    Three tribes came after California on Thursday for allegedly failing to enforce its laws barring card games such as blackjack from being offered anywhere but in Indian casinos, accusing the Golden State of ignoring illegal gambling at card rooms.

  • January 4, 2019

    KKR Affiliate Loans Food Allergy-Focused Biopharma $170M

    An affiliate of private equity giant KKR has agreed to loan Aimmune Therapeutics $170 million to be paid in three separate payments, the food allergy-focused biopharmaceutical company said Friday.

  • January 4, 2019

    Blank Rome Adds 'Storied' Atty To LA Corporate Group

    Blank Rome LLP announced Thursday it is expanding its corporate group by adding as partner to its Los Angeles office a former Carlsmith Ball LLP partner, whose career as adviser encompasses international and cross-border transactional issues across a myriad of industries.

  • January 4, 2019

    Chevron To Settle Gas Additive Damages Suit For $11M

    Chevron USA and Union Oil Co. of California said they reached a settlement with a California water district prior to a Phase 1 trial scheduled to start this month, agreeing to pay $11 million to end claims over alleged drinking water contamination from gasoline releases.

  • January 4, 2019

    9th Circ. Denies Redo On $35M EB-5 Fraud Judgment

    The Ninth Circuit has declined to rehear its recent decision affirming a nearly $35 million judgment against a husband and wife who bilked investors out of millions in an EB-5 visa scheme related to a cancer treatment center they never built.

  • January 3, 2019

    Sidley, Orrick, Jones Day Pros Confirmed To US Atty Posts

    The Senate confirmed eight U.S. attorney nominees late Wednesday — including attorneys from Sidley Austin LLP and Orrick Herrington & Sutcliffe LLP, as well as a former Jones Day partner — taking action on some of the more than 80 executive branch nominations by President Donald Trump.

  • January 3, 2019

    Chancery Nixes Venue Move For Manatt-LiveXLive Stock Suit

    A Manatt Phelps & Phillips LLP suit to lift sale restrictions on securities taken in lieu of payment for legal services will go forward in Delaware Chancery Court after a vice chancellor declined Thursday to dismiss the case in favor of a separate, earlier California action.

  • January 3, 2019

    Arent Fox Nabs 7 Kay & Merkle Attys In San Francisco

    A group of seven Kay & Merkle attorneys, including the firm's two founders, rang in the new year by joining Arent Fox LLP’s fast-growing San Francisco office, bolstering its real estate, automotive and sports practices, the firm announced Thursday.

  • January 3, 2019

    Fed Shutdown Likely To Put FTC's Fight With D-Link On Hold

    A California federal judge said he will pause the Federal Trade Commission’s dispute set to go to bench trial later this month over D-Link System Inc.’s allegedly shoddy data security, if the government is still shut down on Monday, an attorney for D-Link said Thursday.

  • January 3, 2019

    Wind Farm Exec Can't Ditch Suit Over Secret Recording

    A California appeals court on Thursday rejected a bid by a wind farm executive to toss a suit against him for allegedly secretly recording a business associate, deciding that the action was not part of a protected judicial activity that might block the claims.

  • January 3, 2019

    9th Circ. Refuses To Rehear Chevron 401(k) Participants' Suit

    The full Ninth Circuit said Thursday that it won’t review a panel’s decision to throw out an Employee Retirement Income Security Act suit that accused Chevron of mismanaging workers’ retirement savings.

  • January 3, 2019

    Calif. Panel Sends Packing Workers' Claims To Arbitration

    A California appeals court ruled Thursday that a temporary staffing agency and produce company could enforce an arbitration agreement against two workers claiming they were shorted on pay and breaks, even though the staffing agency wasn’t named as a defendant in the suit.

  • January 3, 2019

    Del. Judge Nixes Calif. Court Venue In Venoco Ch. 11 Suit

    A Delaware bankruptcy judge on Wednesday rejected on multiple grounds a California sovereign immunity challenge to his court's handling of a state law inverse condemnation suit filed by the liquidating trustee for bankrupt oil driller Venoco LLC.

  • January 3, 2019

    Franchisee Asks To Dodge Arbitration After Closing Eateries

    The franchise owner of nine closed Dickey's barbecue restaurants urged a California federal court Wednesday to stop the chain from forcing him into arbitration over whether he breached his franchise agreements by closing the eateries, saying the arbitration provisions are unenforceable.

  • January 3, 2019

    9th Circ. Rips Feds For 'Scorched Earth' No-Fly Litigation

    The Ninth Circuit on Wednesday threw out a reduced attorneys' fees award to a Muslim woman who was wrongfully placed on the government's no-fly list, finding that the lower court erred in slashing the award and slamming the government for engaging in years of "scorched earth litigation."

  • January 3, 2019

    Apple Escapes Class Action Over Security Flaw Fixes

    A California federal judge on Wednesday tossed a proposed class action alleging that fixes for the security bugs known as Spectre and Meltdown slowed down the processing speed of Apple devices, finding that the consumers behind the suit lacked standing.

  • January 3, 2019

    Studios Decry 'Game-Playing' By Media Exec In Copyright Suit

    A group of the most powerful companies in the media industry including Disney, Netflix and Amazon have asked a California federal judge to punish a businessman accused of copyright infringement for his purported “abandonment of his discovery obligations,” according to a Wednesday filing.

  • January 3, 2019

    InterDigital Accused Of Unfair Terms For Telecom Patents

    A Swiss technology company has accused InterDigital Inc. in California federal court of demanding unfairly high royalty rates for its patents, deemed essential to wireless telecommunications, violating the mobile technology company's licensing obligations and illegally monopolizing the wireless industry.

Expert Analysis

  • Property And Casualty Insurers Face A Genomics Revolution

    David Schwartz

    Plaintiffs attorneys are winning big in civil litigation by invoking genomic susceptibility arguments, and trends suggest that property and casualty insurers will face more and larger claims as a result. But genomic data can assist both plaintiffs and defendants, say David Schwartz of Innovative Science Solutions and William Wilt of Assured Research.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • State Net

    State Lawmakers Face Familiar Challenges In 2019

    Korey Clark

    Many of the issues that are most likely to draw the attention of state lawmakers next year — including cybersecurity, internet and data privacy, blockchain and cryptocurrencies, sales taxes on remote sellers, transportation and telecommunications infrastructure, and marijuana — are already familiar, says Korey Clark of State Net Capitol Journal.

  • A Closer Look At Calif. Privacy Law's Private Right Of Action

    Daniel Rockey

    Although labeled a “limited” private right of action by the bill’s sponsors, the California Consumer Privacy Act's private enforcement mechanism is almost certain to lead to a wave of new lawsuits unless the Legislature clarifies some ambiguities, says Daniel Rockey of Bryan Cave Leighton Paisner LLP.

  • In Hip Implant MDL, Preemption Cuts Across State Lines

    Michelle Hart Yeary

    Plaintiffs in the Smith & Nephew Birmingham Hip Resurfacing multidistrict litigation were subject to different states' statutes of limitations. But whether you bleed Michigan blue or you live where a grizzly bear is your only neighbor, preemption unites us all, says Michelle Hart Yeary of Dechert LLP.

  • Climate Change Lawsuits Face Crucial Hurdles

    John Lee

    The close of 2018 brings a chance to look at the state of climate change lawsuits filed in the last few years by both government entities and groups of young Americans. While each case type employs different legal strategies, both face similar challenges, says John Lee of Goldberg Segalla.

  • And Now A Word From The Panel: It's Not Just MDLs

    Alan Rothman

    The Judicial Panel on Multidistrict Litigation is best known for its handling of MDLs, but it has another important role. When challenges to federal agency action are made in multiple courts of appeal, the panel is responsible for consolidating them into a single circuit, says Alan Rothman of Arnold & Porter.

  • Examining A Post-Wildfire Securities Suit

    Kevin LaCroix

    A securities class action complaint against utility company Edison following the recent massive wildfires in California is the latest example of event-driven securities litigation, a phenomenon that represents a significant problem for directors and officers insurance underwriters, says Kevin LaCroix of RT ProExec.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.