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  • October 11, 2018

    Appointing Special Counsel In Arpaio Appeal Splits 9th Circ.

    A split Ninth Circuit refused on Wednesday to revisit its decision to send a special prosecutor to argue against former Arizona Sheriff Joe Arpaio's bid to vacate a criminal contempt of court conviction he received for his immigration detention practices, with five circuit judges arguing that it is an “unprecedented — and unauthorized — intrusion of executive power.”

  • October 11, 2018

    Waiter Claiming He Set Up Fight KOs Pacquiao's Appeal

    A California waiter who purportedly facilitated the lucrative boxing match between Floyd Mayweather Jr. and Manny Pacquiao can proceed with his case against the latter over a finder's fee, after a California appeals court ruled Thursday that his claims did not arise from activity protected by a California free speech statute.

  • October 11, 2018

    Fleetwood Mac Went Its Own Way, Breaching Contract: Suit

    Former Fleetwood Mac band member Lindsey Buckingham has reportedly hit the Grammy Award-winning British-American rock band with a breach of contract lawsuit in California state court, claiming he was kicked out of the band and replaced without warning after 43 years, just before the 2018-2019 tour.

  • October 11, 2018

    Disney Nixes Anaheim Hotel Amid Minimum Wage Ballot Row

    Disneyland Resort has announced it is canceling its Anaheim luxury hotel plans over the California city’s perceived unstable business climate, as debate continues over whether the company will need to comply with a referendum requiring tax subsidy recipients to pay an increased minimum wage.

  • October 11, 2018

    Amazon Eyes Escape From Job Applicants' Age Bias Suit

    Amazon.com Inc. asked a California federal judge on Thursday to nix a retooled proposed class action accusing it of placing job ads on Facebook that were illegally hidden from older workers, saying it never impaired workers from learning or applying for employment. 

  • October 11, 2018

    Ex-Grubhub Driver Says Dynamex Unwinds Wage Trial Loss

    A former Grubhub driver asked a California federal judge on Thursday to revive allegations that he was misclassified as an independent contractor, saying that had the California Supreme Court's Dynamex decision changing the state’s test for employment status come out a few months earlier, he would have won his bench trial.

  • October 11, 2018

    Stitch Fix Hit With Stock-Drop Suit Over Q4 Client Growth

    An investor in Stitch Fix Inc. filed a proposed class action in California federal court Thursday alleging that the online retail fashion company concealed a flagging fourth-quarter active client growth rate, leading to an artificially inflated stock price that took a hit when the company released its financials this month.

  • October 11, 2018

    Blue State Officials Ask IRS To Scrap SALT Cap Regulations

    Officials in several blue states on Thursday formally asked the Internal Revenue Service to withdraw proposed regulations that would sharply limit states' attempts to work around the $10,000 cap on state and local tax deductions.

  • October 11, 2018

    SEC Halts ICO, Says Company Faked Regulatory Approval

    The U.S. Securities and Exchange Commission has blocked an upcoming initial coin offering after alleging in California federal court that the company behind it falsely claimed it received regulatory approval from not only the SEC but also a fictitious agency called the Blockchain Exchange Commission.

  • October 11, 2018

    Cannabis Co. MedMen Picks Up PharmaCann In $682M Deal

    California-based cannabis company MedMen Enterprises Inc. said Thursday that it has agreed to acquire Chicago-based medical cannabis provider PharmaCann LLC in an all-stock transaction valued at $682 million.

  • October 11, 2018

    Data Warehouse Snowflake Nabs $450M In Growth Funding

    San Mateo, California-based Snowflake Computing on Thursday said it nabbed $450 million in Sequoia Capital-led growth funding, bringing the data warehouse's valuation to $3.9 billion.

  • October 11, 2018

    Cooley-Led Allogene Raises $324M After IPO Prices High

    California-based clinical-stage biotechnology company Allogene Therapeutics Inc. started trading on the Nasdaq Global Select Market on Thursday after the Cooley LLP-led company priced its $324 million initial public offering at the high end of its targeted range.

  • October 11, 2018

    Walmart To Pay $65M To End Cashiers' Seating Suit

    Walmart Inc. has agreed to pay $65 million to end a long-running class action over its allegedly not giving cashiers seats, according to a motion on Wednesday asking a California federal judge to approve a deal that might rank as the largest ever settlement struck under the state's Private Attorneys General Act.

  • October 11, 2018

    Payment Processor Says Ex-CEO Stole Company Secrets

    A payment processing company has accused its former CEO and several former employees in California federal court of stealing trade secrets to form a competing payment processing business.

  • October 10, 2018

    9th Circ. Raises Conflict Concerns In Atty’s Sanction Appeal

    Ninth Circuit judges expressed reluctance Wednesday to hear oral argument from an attorney who lost a contentious trade secrets dispute on a terminating sanction, worrying the lawyer was conflicted because if the panel reversed a lower court's decision not to grant attorneys' fees in the case, she could be pitted against her client, Loop AI Labs Inc.

  • October 10, 2018

    Jenner, Munger, Milbank Partners Get Trump's Nod For Bench

    President Donald Trump announced a slew of judicial nominations on Wednesday, including two nominees for the Second Circuit, three for the Ninth Circuit and a host of district court seats, among them partners from Jenner & Block LLP, Munger Tolles & Olson LLP, Milbank Tweed Hadley & McCoy LLP and Horvitz & Levy LLP.

  • October 10, 2018

    Monsanto Nears $250M Slash Of Landmark Roundup Verdict

    A California judge seemed poised Wednesday to throw out a jury's $250 million award for punitive damages against Monsanto, finding in a tentative ruling that the plaintiff — a groundskeeper who alleged Roundup weedkiller caused his lymphoma — hadn't proved any malicious intent by the agrochemical giant.

  • October 10, 2018

    Federal Privacy Law Shouldn't Lower The Bar, Senators Told

    Consumer advocates hit back at calls from tech giants such as Google and Apple asking for federal lawmakers to enact a uniform national privacy law that wipes out more stringent state rules, telling a seemingly receptive Senate committee on Wednesday that recent legislative efforts in the European Union and California should be viewed as models and not disregarded.

  • 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.

Expert Analysis

  • 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.

  • Examining Class Cert. At 9th Circ. After Sali Ruling

    Dyana Mardon

    In Sali v. Corona Regional Medical Center the Ninth Circuit recently ruled that evidence offered in support of class certification need not be admissible at trial. Attorneys with Foley & Lardner LLP discuss the Sali court’s analysis and holding, how the decision directly conflicts with most other circuits, and its likely impact on class action defendants.

  • Challenge Calif. Insurer Limits On Independent Counsel Rates

    Susan White

    When an insurer allows an insured to select its own defense counsel in California, it will often only agree to pay a very low hourly rate. However, an insured should not simply accept the insurer's say on this, as there are several ways to challenge an insurer's unilaterally imposed rates, says Susan White of Manatt Phelps & Phillips LLP.

  • Why Courts Should Apply Escobar In Criminal Cases

    Antonio Pozos

    In the two years since the U.S. Supreme Court's Escobar decision set off waves of litigation over materiality in civil False Claims Act cases, it has largely failed to gain traction in criminal fraud prosecutions. However, the ruling has broad implications in criminal law, say Antonio Pozos and Mark Taticchi of Drinker Biddle & Reath LLP.