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California

  • August 16, 2018

    $25M Beats Royalties Winner Likely Getting Interest, Fees

    A California judge on Thursday tentatively ruled that an entrepreneur who won $25.25 million at trial for his work on Beats Electronics LLC’s first headphones is entitled to roughly $5.6 million in prejudgment interest, and said that he will likely award attorneys’ fees in the future.

  • August 16, 2018

    $3.5M Paint Price-Fix Deal OK'd After DuPont's 3rd Circ. Win

    A California federal judge on Thursday approved a $3.5 million deal DuPont and other companies reached to end consumer claims they conspired to fix a paint ingredient’s price, calling it “in the best interest of the class” since the Third Circuit affirmed DuPont’s win in a similar case.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Ancestry.com Says 23andMe DNA Patent Invalid Under Alice

    Ancestry.com sought to nix allegations it infringed 23andMe Inc.’s technique for determining whether two customers are related by comparing DNA samples, telling a California federal judge Thursday that the patent is invalid under the U.S. Supreme Court’s Alice standard because it’s not inventive and relies on natural phenomenon.

  • August 16, 2018

    DirecTV Ducks Most Of FTC’s $4B False Ad Case

    A California federal judge culled most of the Federal Trade Commission's $4 billion false advertising suit against DirecTV on Thursday, ruling that the agency didn't have evidence strong enough to meet the "extraordinary ambition" of showing that over 40,000 ads deceived consumers.

  • August 16, 2018

    Judge Rips Twombly For Straining Resources In IP Row

    A California federal judge appeared unswayed Thursday by SAP America Inc. and HP Inc.’s arguments that a software company hasn't met the stringent pleading standards required under the U.S. Supreme Court’s Twombly decision, saying Twombly has created more work than it’s saved, and "you get to the point where we’re wasting time and resources when you know what their pleading is."

  • August 16, 2018

    Trump Taps Sidley Austin Partner For San Francisco US Atty

     A partner at Sidley Austin LLP will be nominated as U.S. attorney in San Francisco, the White House announced Thursday, as it also revealed nominees for spots in Florida, Illinois and North Dakota.

  • August 16, 2018

    Electronics Giants Agree To Settle Battery MDL For $43.5M

    Indirect purchasers who allege a slew of battery makers engaged in price-fixing lithium ion batteries told a California federal court on Wednesday that Samsung SDI Co. Ltd., NEC Tokin Corp. and Toshiba Corp. have agreed to settle their multidistrict litigation claims for a total of $43.5 million.

  • August 16, 2018

    Wells Fargo Gets Immigrant Lending Bias Suit Trimmed

    A California federal judge has pared down a proposed class action alleging Wells Fargo unfairly withholds certain lines of credit from customers because of their immigration status, finding that two of the people bringing the case failed to show they were prevented from taking out home and auto loans because of discriminatory policies.

  • August 16, 2018

    9th Circ. Revives Teachers' Retirement Savings Interest Suit

    The Ninth Circuit ruled Thursday that a district court erred when it dismissed as unripe a proposed class action from teachers claiming that interest was wrongly skimmed from their retirement accounts, holding that the precedential test used by the lower court didn’t apply.

  • August 16, 2018

    $115M Anthem Data Breach Deal Gets Final Nod

    A California federal judge on Thursday gave final approval to a $115 million deal that ends claims Anthem Inc. put 79 million consumers’ personal information at risk in a 2015 data breach, casting aside calls for the settlement to go even further to punish the nation’s second-largest health insurer.

  • August 16, 2018

    Facebook Sued Over Allegedly Bogus Advertising Stats

    The owner of a Kansas-based aromatherapy fashion business has filed a proposed class action suit in California federal court against Facebook alleging the social media giant grossly inflates so-called potential-reach demographic figures that dictate advertising rates and guide clients in choosing what markets in which to place their ads.

  • August 16, 2018

    EOIR Adds 23 New Judges To Combat Case Backlog

    The Executive Office for Immigration Review announced Thursday that it has appointed 23 new immigration judges, bringing the total count to 351 nationwide, amid the Trump administration’s ongoing efforts to reduce the significant backlog of open cases.

  • August 16, 2018

    BofA Customers Win Final OK For $1.8M FCRA Settlement

    A class of Bank of America NA customers won final approval Thursday for their $1.8 million Fair Credit Reporting Act settlement over allegedly unauthorized soft credit report inquiries, with a California federal judge saying that though it offered a small $4 payout per class member, the deal was fair.

  • August 16, 2018

    Monsanto's $289M Roundup Loss Ripples Across Industries

    A California jury’s decision last week to award a retired groundskeeper $289 million against Monsanto in a Roundup cancer trial is certain to unleash a torrent of new litigation against the agri-giant, experts tell Law360, and the massive award for a product with “potential risks” could spur failure-to-warn litigation more broadly.

  • August 16, 2018

    Battery Makers Seek To Dodge Buyer Claims In Antitrust MDL

    Panasonic Corp. and Sanyo Electric Co. have asked a California federal court to let them out of indirect purchasers' claims in multidistrict litigation over alleged lithium ion battery price-fixing, arguing that the consumers had provided no evidence that they paid unfairly spiked prices for batteries sold by the companies.

  • August 16, 2018

    Buchalter Adds 2 Attys To Corp., Litigation Groups In LA

    Buchalter PC’s Los Angeles office has added two new attorneys as shareholders, one from Clark & Trevithick AP and one from Rimon Law, entering the firm’s corporate and litigation practice groups, respectively.

  • August 16, 2018

    Enviros Urge 9th Circ. To Revive Yuba River Fish Lawsuit

    Environmentalists have urged the Ninth Circuit to revive their lawsuit against the U.S. Army Corps of Engineers and National Marine Fisheries Service that had alleged the federal entities failed to properly protect at-risk fish that live near two dams in the northern part of California.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    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 Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    9th Circ. Backs Dismissal Of $2B Mexican Contract Case

    The Ninth Circuit on Wednesday affirmed a lower court decision to dismiss a Mexican corporation’s multibillion dollar lawsuit against a Mexican government-owned salt mining company over an allegedly breached deal for a lucrative salt production byproduct, saying the U.S. court lacked jurisdiction.

Expert Analysis

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Calif. Courts Say Schools Must Protect Students

    Brian Kabateck

    Almost two decades after the Columbine shooting, we still suffer from attacks committed by obviously troubled individuals already on school officials’ or law enforcement’s radar. Recent rulings by California courts have held that schools have an affirmative duty to take reasonable steps to protect students, say Brian Kabateck and Joana Fang of Kabateck Brown Kellner LLP.

  • Why Bristol-Myers Applies To Absent Class Members: Part 3

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb decision, some courts have acknowledged that class certification is a form of joinder like traditional joinder, even while arguing that they do not need independent jurisdiction over class members’ claims. The irrational results speak for themselves, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Calif. Employer's Guide To Tracking Off-The-Clock Tasks

    Elizabeth Arnold

    The California Supreme Court's recent ruling in Troester v. Starbucks means that all work time may be considered compensable. Elizabeth Arnold and Chester Hanvey of Berkeley Research Group LLC describe how to conduct a time and motion observation study in the context of this decision.

  • Sidewalks: The Next Mobility Frontier

    Michele Satterlund

    Sidewalks are an increasingly integral part of how people and goods are transported. While some jurisdictions are banning certain technologies from their sidewalks, others are recognizing the importance of expanding mobility options, says Michele Satterlund, an attorney with McGuireWoods LLP and lobbyist with McGuireWoods Consulting.

  • Why Bristol-Myers Applies To Absent Class Members: Part 2

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb v. Superior Court of California decision, some courts have chosen to treat a nonresident’s claim as within a court’s jurisdiction if the claimant is an absent class member, but not if the claimant is a named plaintiff. This has led to anomalous, irreconcilable outcomes, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • What District Courts Are Saying About Admissibility Of IPR

    David Cavanaugh

    Given the frequency with which inter partes reviews are utilized in tandem with district court litigation to resolve patent disputes, the question that practitioners are starting to face with some regularity is whether, and to what extent, IPR decisions are admissible in district court litigation, say attorneys with WilmerHale.

  • 'Ban The Box' Turns 20: Decoding The Current Framework

    Stephen Woods

    Twenty years ago, the first state "ban the box" law crystallized a movement that, in time, would yield similar background check restrictions across the U.S. The result is a crisscrossing jumble of requirements, putting employers in a difficult position when dealing with applicants in different jurisdictions, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.