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  • August 9, 2018

    Draft Of Calif. Wayfair Law Mulls $500K Sales Threshold

    California, the nation’s most populous state, would require out-of-state retailers with $500,000 of annual sales into the state to collect and remit sales and use tax, according to draft legislation circulated by the administration and obtained by Law360 on Thursday.

  • August 9, 2018

    StubHub Beats App Developer's Trade Secrets Theft Claims

    A California federal judge has awarded StubHub a win over allegations it flouted the Defend Trade Secrets Act when it hired three employees from a startup company who allegedly used proprietary data from their former company in apps they developed for the online ticket vendor.

  • August 9, 2018

    City Council Backs Rental Car Fee In San Diego-Area Dispute

    The City Council of Chula Vista, California, unanimously approved a resolution memorializing its support for a $3.50 rental car fee imposed by the San Diego Port District challenged by Hertz, Enterprise and the San Diego airport authority.

  • August 9, 2018

    States Back High Court Challenge To Hovercraft Ruling

    A coalition of states led by Idaho has thrown its support behind a moose hunter’s U.S. Supreme Court appeal of a Ninth Circuit ruling that held the National Park Service has the right to enforce its hovercraft ban on an Alaska river.

  • August 9, 2018

    Ugg Maker's Patent Upheld After $5.2M Jury Win

    A California federal judge issued a findings of fact order that favored Ugg maker Deckers Outdoor Corp. following a $5.2 million verdict that held Romeo and Juliette Inc. liable for infringing two design patents.

  • August 9, 2018

    GM Dodges Nationwide Claims In Faulty Headlight Suit

    General Motors has successfully contained to California a proposed nationwide class action accusing it of selling Cadillacs with faulty headlights, after a federal judge ruled the federal warranty law the consumers were bringing their claims under didn't apply to drivers outside the state.

  • August 9, 2018

    9th Circ. Forces EPA Action On Risky Pesticide

    The Ninth Circuit said Thursday the U.S. Environmental Protection Agency must ban a pesticide linked to developmental harm in children, slamming the agency for allegedly dragging its feet on a product that its own analysis found has an exposure risk that does not meet the relevant safety standard.

  • August 9, 2018

    Dell Unit Whistleblower Can't Get New Award With Bias Claim

    A California judge has refused a whistleblower’s request to scrap an allegedly inadequate $1.57 million award he received in his case against a Dell Technologies subsidiary, despite claims that the arbitrator unfairly excluded evidence and was biased because one of his JAMS colleagues once represented the company while at Orrick Herrington & Sutcliffe LLP.

  • August 9, 2018

    Snap Can't Get 2nd Shot At Nixing Investor Suit Over IPO

    A California federal judge said Wednesday that the company behind Snapchat cannot appeal his denial of its bid to dismiss a lawsuit alleging it misled investors about competition and the growth of its user base in the run-up to its initial public offering, saying the company failed to meet the “heavy burden” to justify the appeal.

  • August 9, 2018

    Airline Passengers Win Class Cert. In Price-Fixing Suit

    A California federal judge certified two classes of All Nippon Airways passengers in multidistrict litigation alleging that major airlines conspired to fix the prices of long-distance trans-Pacific flights.

  • August 9, 2018

    Nissan Pushes To Arbitrate Driver's Claims In Sunroof Suit

    Nissan North America Inc. asked a California federal judge on Wednesday to compel individual arbitration for one of the named plaintiffs in a putative class action alleging the carmaker sold vehicles with defective panoramic sunroofs, saying she signed a broad arbitration agreement when she purchased her vehicle.

  • August 9, 2018

    NWA Member's Wife Reaches Deal With Son In Trademark Row

    The wife of the late N.W.A. member Eazy-E and his son have agreed to settle a lawsuit in California federal court over the use of “Straight Outta Compton” and other phrases associated with the rap group.

  • August 9, 2018

    EEOC Says Country Club Workers Faced Sexual Harassment

    The U.S. Equal Employment Opportunity Commission has said female employees at a San Diego-area country club were subjected to ongoing sexual harassment by a manager who gave preferential treatment to those who accepted his advances, according to a complaint filed in California federal court.

  • August 9, 2018

    Wash. Tribe Urges Supreme Court To Review Fishing Decision

    The Makah Indian tribe has further urged the U.S. Supreme Court to review a Ninth Circuit decision that handed a win to two other Washington state tribes in a dispute over tribal fishing grounds, saying the opposing tribes have tried to “trivialize the practical significance of this case.”

  • August 9, 2018

    Beverly Hills' Rent Law Flouts Privacy Rights, Suit Says

    A trade group that advocates for affordable housing in Southern California filed suit against Beverly Hills in California federal court on Wednesday, alleging that the city's new rent stabilization ordinance improperly requires property owners to turn over sensitive personal information about tenants.

  • August 9, 2018

    Covington Guides Emergent's $270M Vaccine Biz Buy

    Emergent BioSolutions Inc. on Thursday said it has agreed to acquire a specialty vaccine company from Cerberus Capital Management LP and Ignition Growth Capital for $270 million, in a deal that was guided by Covington & Burling LLP.

  • August 8, 2018

    Judge Slashes Jury Award By $2M After Victim's Father Dies

    A California federal judge on Wednesday trimmed $2 million from a jury’s $6.5 million wrongful death award in a suit that accused a Sacramento County sheriff’s deputy of fatally shooting an unarmed schizophrenic man, saying the death of the man’s father during trial warranted the reduction.

  • August 8, 2018

    Mexican Hotel Can Subpoena Facebook For Info On Defamer

    A California federal court on Wednesday granted a Mexican hotel chain's request to force Facebook Inc. to disclose the identity of a user who used the social media platform to make allegedly defamatory statements about the hotel group, prompting national media attention and economic losses.

  • August 8, 2018

    Manatt Asks Calif. Court To Toss Recruiter's $335K Trial Win

    Manatt Phelps & Phillips LLP urged a California appeals court Wednesday to find it doesn’t owe a legal recruiter $335,000 for connecting the firm with its now managing partner-elect, arguing a jury found the recruiter didn’t fulfill his deal with Manatt and there was no evidence that was the firm’s fault.

  • August 8, 2018

    InBev-SAB Deal Didn’t Swallow US Beer Biz, 9th Circ. Says

    A Ninth Circuit panel has backed a lower court's decision to nix an antitrust suit by beer drinkers that challenged Anheuser-Busch InBev's acquisition of SABMiller, finding Wednesday that because SAB had divested its U.S. business before the deal went through, there had been no change to competition in the domestic market.

Expert Analysis

  • Series

    Cities In Distress: Municipal Recovery Lessons From Pa.

    Juliet Moringiello

    As we reflect on the five years since Detroit’s bankruptcy filing, Pennsylvania’s experience in intervening in its municipalities’ financial distress provides some useful insights on the problems plaguing municipalities as well as lessons for states, says professor Juliet Moringiello of Widener University Commonwealth Law School.

  • New 'Shine The Light' Suits Highlight Privacy Issues

    Stephanie Sheridan

    The California Consumer Privacy Act, passed last month, is the state's most comprehensive privacy legislation to date, but not its first. Several recent putative class actions allege violations of California’s Shine the Light law. Retailers' in-house counsel should ensure that protocols are in place for timely, accurate responses to information requests under the law, say attorneys with Steptoe & Johnson LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Series

    Cities In Distress: Michigan's Emergency Mgr. Law And Flint

    Eric Scorsone

    Michigan has taken a very aggressive approach to addressing municipal fiscal insolvency. But the state's emergency manager law fails to consider the unintended consequences of short-term financial adjustments, as seen in the case of Flint, say Eric Scorsone and Samantha Zinnes of Michigan State University.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Fewer Remedies In Calif. For Targets Of Defamatory Reviews

    Pooja Nair

    Earlier this month, the California Supreme Court ruled in Hassell v. Bird that Yelp could not be ordered to remove negative reviews of a law firm that were found to be defamatory. While the decision is a victory for internet platforms and websites, the scope of immunity under the Communications Decency Act has not been fully drawn out, says Pooja Nair of TroyGould PC.

  • Tax Implications For The California Cannabis Industry

    Shail Shah

    This article by attorneys at Reed Smith LLP outlines tax implications for the cannabis industry in California, the largest state to legalize medical and recreational adult-use cannabis, and other states where marijuana is legally sold.

  • Series

    Cities In Distress: Are There True Alternatives To Ch. 9?

    Lawrence Larose

    Some distressed municipalities — including Atlantic City, New Jersey, and Hartford, Connecticut — have recently restructured outside of Chapter 9, through legislation and negotiations. But such fixes are intensely political in nature and are entirely dependent on the will of government officials, say Lawrence Larose and Samuel Kohn of Norton Rose Fulbright.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Abortion, Free Speech And Justice Kennedy’s Last Word

    Amy Myrick

    The U.S. Supreme Court's recent NIFLA v. Becerra decision turned on whether “crisis pregnancy centers” that steer pregnant women away from abortion can be required to provide certain information. The majority ruled in defense of the free speech rights of anti-abortion speakers, but the case makes it less tenable for the court to treat abortion providers differently, says Amy Myrick of the Center for Reproductive Rights.