• December 7, 2017

    Fed. Reform Means Scores Of Tax Decisions Await States

    A swift march toward tax reform by the U.S. Congress means state legislatures, which gavel in next month, will be faced with responding to a giant overhaul of the federal tax code.

  • December 7, 2017

    Judge Pushes Back On Gov't Bid To Limit DACA Discovery

    A California federal judge on Wednesday defended his decision ordering the government to hand over evidence in a challenge to the planned end of the Deferred Action for Childhood Arrivals program, telling the U.S. Supreme Court on Wednesday that the government had misconstrued his order in its petition.

  • December 7, 2017

    Bumble Bee Salmon Not Wild Or Smoked, Consumer Claims

    Bumble Bee Foods LLC was hit Wednesday with a class action accusing the company of tricking consumers into believing its "medium red smoked salmon" product was fresh caught and smoked, when in fact it was farm-raised, colored pink and artificially flavored.

  • December 6, 2017

    9th Circ. Affirms Doc’s Rx Conviction But Nixes Sentence

    The Ninth Circuit on Wednesday affirmed the criminal conviction of a doctor known as the “candyman” who wrote 50,000 prescriptions for patients who received five million opiate pills, but vacated his 27-year prison sentence due to a possible erroneous calculation of the sentencing guidelines. 

  • December 6, 2017

    9th Circ. Grapples With Escobar Test For FCA Liability

    The Ninth Circuit on Wednesday struggled with whether the U.S. Supreme Court’s milestone Escobar decision created an ironclad test for False Claims Act liability, with judges repeatedly expressing uncertainty about the high-stakes question.

  • December 6, 2017

    Calif. Justices May Ease Policyholders' Road To Recovery

    California's high court recently agreed to decide whether a former pesticide manufacturer must deplete all its lower-level policies before it can tap into valuable excess policies to cover environmental damage claims, and attorneys say a contrary ruling, which would instead allow the company to target carriers in a single policy year, could speed policyholders' path to recovery.

  • December 6, 2017

    PayPal Investor Sues Over Likely Breach That Tanked Stocks

    A PayPal shareholder hit the company with a proposed investor class action Wednesday in California federal court accusing the company of hiding the potential for a data breach at a payment processor subsidiary that was disclosed last week and sparked a “precipitous” stock drop.

  • December 6, 2017

    9th Circ. Weighs Presidential Power In Travel Ban Hearing

    A Ninth Circuit panel peppered the U.S. Department of Justice with questions about the president’s statutory authority to restrict immigration during much-anticipated oral arguments Wednesday over a preliminary injunction against the Trump administration’s latest travel ban, which the U.S. Supreme Court recently allowed to take effect while the appeal proceeds.

  • December 6, 2017

    NLRB Memo On Athlete Employment A 'Nullity,' NCAA Says

    A lawyer for the National Collegiate Athletic Association on Tuesday told a Ninth Circuit panel that it should disregard an assertion by the National Labor Relations Board's general counsel that scholarship football players are employees, after a recent memo reversed that stance.

  • December 6, 2017

    San Jose Firefighters Lose Class Cert. In OT Suit

    A California federal judge on Tuesday decertified a group of about 500 San Jose firefighters who are pursuing claims that they were not properly paid for overtime hours they worked, saying the case would involve too much of an individualized assessment over whether each firefighter was actually underpaid.

  • December 6, 2017

    Airline Agrees To $1.9M Deal In Flight Attendant Wage Row

    A trio of California-based flight attendants asked a federal court Tuesday for preliminary approval of Cathay Airways Pacific Ltd.’s $1.9 million deal to resolve litigation alleging the Hong Kong airline violated various Golden State wage and hour laws.

  • December 6, 2017

    Immigrant Acquitted In Steinle Case Faces New Fed. Charges

    The immigrant acquitted of murder by a San Francisco jury last week in the case of Kate Steinle, which has fueled a national debate over sanctuary cities, has been hit with new federal immigration and gun possession charges handed down by a grand jury on Tuesday. 

  • December 5, 2017

    Terry Crews Sues Agent For Sexual Harassment

    Actor and former NFL linebacker Terry Crews on Tuesday accused Hollywood agent Adam Venit of sexual assault, saying in a California state court suit that the power broker acted like a “rabid dog” at a party and that his agency fosters an environment that keeps predators safe.

  • December 5, 2017

    Atty Fights For Fees In $8.5M Groupon Deal At 9th Circ.

    A federal judge wrongly denied attorneys’ fees to a California lawyer who helped shape an $8.5 settlement in multidistrict litigation against Groupon Inc. over short-dated online vouchers, the attorney told the Ninth Circuit on Tuesday, saying the court improperly lumped her in with other, less helpful objectors.

  • December 5, 2017

    FBI Nat'l Security Letters Grounded In Constitution: DOJ

    U.S. Attorney General Jeff Sessions urged the Ninth Circuit on Tuesday not to rehear a decision ending a constitutional challenge to the Federal Bureau of Investigation's use of national security letters that bar service providers from telling users about government requests for their data, saying it’s grounded in the U.S. Constitution.

  • December 5, 2017

    Talbots’ $2.95M Wage Settlement Nears Approval

    A California judge on Tuesday held off on preliminarily approving The Talbots Inc.’s $2.95 million settlement that would resolve a proposed wage and hour class action brought by store workers, asking the parties to revise the deal so the workers have more time to respond to the settlement notice.

  • December 5, 2017

    H&M, Unicolors Face Off On Day 1 Of Fabric Copyright Trial

    Fabric-maker Unicolors Inc. told a California federal jury on the opening day of a copyright trial Tuesday that H&M ripped off one of its patterns for a jacket and skirt, while the clothing retailer countered that it never even saw the design.

  • December 5, 2017

    Phishing Suspect Held In Online Attack On LA Court System

    A 31-year-old man from Houston was arraigned and denied release Tuesday in California state court on allegations he masterminded a five-day phishing attack on the Los Angeles court system that attempted to steal online account login information from more than 500 court employees, charges that could mean up to 14 years in prison.

  • December 5, 2017

    Trump Can't Cite Duties To Slip Defamation Suit: Accuser

    Summer Zervos, the former “Apprentice” contestant who sued President Donald Trump for defamation after he said her sexual misconduct claims were lies, sought to swat aside protests that his work was too important for him to be sued by telling a New York state judge on Tuesday that no one was above the law.

  • December 5, 2017

    Zappos Buyers Ask 9th Circ. To Revive Data Breach Suit

    A putative class of customers urged the Ninth Circuit on Tuesday to revive privacy claims over a 2012 data breach that affected 24 million shoppers, saying the online shoe retailer broke its promise to provide a secure purchasing site.

Expert Analysis

  • Why White House Efforts To Dismantle Regs Face Roadblocks

    Steven Gordon

    When the White House changes hands from one political party to the other, the new administration often seeks to change or eliminate some of the regulations promulgated by prior administrations. But when regulatory provisions are based on scientific or economic analysis, it may be difficult to legally justify a change, says Steven Gordon of Holland & Knight LLP.

  • Calif.'s New Focus On Drug Pricing Transparency

    John Chelsey

    California Gov. Jerry Brown recently signed SB-17, a law intended to foster transparency in connection with drug pricing and its impact on insurance costs. The law imposes significant new reporting requirements on many drug manufacturers, pharmacy benefit managers, and health care service plans and health insurers operating in California, say attorneys with Ropes & Gray LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Washington's Definition Of Improper Rebates May Shift

    Shawn Hanson

    A Washington administrative law judge's ruling in the ongoing Zenefits case last month suggests that Washington is possibly beginning to fall into line with larger states in the anti-rebate area, say Shawn Hanson and Nicholas Gregory of Akin Gump Strauss Hauer & Feld LLP.

  • Opinion

    Calif. Law Should Lead The Way For Consumer Protection

    Brian Kabateck

    Following the recent repeal of the Consumer Financial Protection Bureau’s arbitration rule, the scales of justice are now tipped in favor of bankers and big business. However, state lawmakers, lawyers and consumer advocates in California are leading the nation in cracking down on financial fraud, say Brian Kabateck and Shant Karnikian of Kabateck Brown Kellner LLP.

  • Unreliable Expert Opinion Dooms California Talc Verdict

    Steven Boranian

    After the recent $417 million verdict against a talcum powder manufacturer in California, the trial court set the verdict aside, entering judgment for the defendants. The court’s order paints a clear picture of what happened: The jury, goaded by improper argument from plaintiffs counsel, ignored instructions and spun out of control, says Steven Boranian of Reed Smith LLP.

  • Key Considerations Before Leasing To Cannabis Businesses

    Joshua Schneiderman

    Beginning in 2018, licensed businesses will be authorized under California law to cultivate, manufacture, distribute and sell cannabis, presenting unique business opportunities to landlords. However, landlords must be aware of common pitfalls in cannabis business leases, say Joshua Schneiderman and Katherine Annuschat of Snell & Wilmer LLP.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.

  • Gov't Use Of Travel Act To Charge Corruption Might Backfire

    Elizabeth Capel

    Federal prosecutors may be hoping that Travel Act charges against the NCAA basketball coaches and others avoid the U.S. Supreme Court’s narrowing of federal corruption statutes. But by using state corruption laws in these cases, federal prosecutors risk having McDonnell v. U.S. extend to state crimes and crippling local corruption prosecutions everywhere, say Elizabeth Capel and Brandon Fox of Jenner & Block LLP.

  • An Uptick In Customer-Suit Exception After TC Heartland?

    Matthew Zorn

    One speculated consequence of TC Heartland is that patentees may choose to file lawsuits against other parties in the supply chain. If customer suits increase, practitioners and in-house counsel should become familiar with the “customer-suit exception” — an area that academics have called “forgotten” and in “relative disuse,” says Matthew Zorn of Yetter Coleman LLP.