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  • November 7, 2018

    Feds OK Employers' Right To Skirt ACA Birth Control Mandate

    Employers that oppose the use of birth control will be able to stop paying for workers’ contraception under newly finalized regulations the Trump administration plans to publish in the Federal Register on Nov. 15.

  • November 7, 2018

    EB-5 Project Managers Slam SEC's $15.5M Penalty Bid

    A doctor, his office manager and affiliated businesses pushed back on Tuesday against the U.S. Securities and Exchange Commission’s bid for a California federal court to order them to pay more than $15.5 million after they allegedly misappropriated funds through an EB-5 visa scam.

  • November 7, 2018

    Charter Workers Seek Cert. In Wage-And-Hour Suit

    A group of dispatch workers have asked a California federal judge to certify their proposed class in a suit that alleges Charter Communications did not pay them overtime wages or allow meal breaks, arguing that all employees suffered the same injuries.

  • November 7, 2018

    Apple Again Ducks False Ad Suit Over Storage Capacity

    A California federal judge has once again dismissed a lawsuit alleging Apple Inc. falsely advertised the storage capacity of its iPhones, iPads and iPods, saying the proposed class of consumers failed to state its case for how it was misled.

  • November 7, 2018

    California Gas Tax Survives Repeal Efforts

    Californians rejected Proposition 6 Tuesday night, preserving all gas taxes imposed after Jan. 1, 2017, as well as the state Legislature’s ability to impose future gas tax and vehicle fee increases.

  • November 6, 2018

    Calif. Paramedics Lose Off-Duty Breaks In Prop 11

    Californians on Tuesday overwhelmingly voted for an ambulance company-backed measure requiring private paramedics and emergency medical technicians to remain on call during breaks, a ballot measure stemming from a state supreme court decision finding such on-duty break time for security guards violates state labor laws.

  • November 6, 2018

    Newsom Elected Calif. Governor, Becerra Leading AG Race

    In California, Lt. Gov. Gavin Newsom was the projected winner in the governor’s race to replace the Golden State's termed-out Gov. Jerry Brown, and incumbent Attorney General Xavier Becerra was leading with a sizable margin in his first election for the office, according to Tuesday night’s election results.

  • November 6, 2018

    Kavanaugh Fallout Fuels GOP's Senate Expansion

    A backlash over Justice Brett Kavanaugh's bitter confirmation battle played a key role in Republicans adding to their Senate majority, as so-called “Trump state” Democrats who opposed confirmation fell to GOP challengers in Tuesday’s midterm elections.

  • November 6, 2018

    Calif. Votes Down Measure To Lift Rent Control Ban

    A decades-old ban on rent control in more than a dozen cities in California will remain in place, thanks to residents in the state voting down Proposition 10 on Tuesday.

  • November 6, 2018

    Dems Pump Brakes On Trump Agenda With House Win

    Democrats won back the House on Tuesday night and with it divided the chambers of Congress, putting them in position to step up investigations into President Donald Trump’s presidential campaign and to run interference on his conservative agenda.

  • November 6, 2018

    Senate Republican Win Cements Trump's Judicial Makeover

    With Senate Republicans returning from a slew of victories at the ballot box, Majority Leader Mitch McConnell looks to continue a two-year project to remake the federal courts by confirming waves of conservative judges to the bench.

  • November 6, 2018

    Voting Machine Critics Tout Low-Tech Fix For Hacking Fears

    Russia’s meddling in the 2016 presidential election pushed U.S. voting security into the spotlight, leaving officials scrambling to shore up the infrastructure before midterms. But efforts remained uneven two years later, with a number of states on Tuesday shirking the surprisingly low-tech fix touted by election-integrity experts: paper ballots.

  • November 6, 2018

    Insurers Can Depose Execs In $50M Bad Rocket Engines Row

    A California federal judge on Tuesday granted a bid by a group of insurers, led by Global Aerospace, to depose former top executives of aviation company Aerojet Rocketdyne, ruling the execs might have information as to why Aerojet — and not the insurers — paid a $50 million settlement over defective engines that damaged a NASA facility.

  • November 6, 2018

    J-M Owes $2.1M For Bad Pipes, Jury Told As Trial Wraps

    A group of municipalities asked a California federal jury to award them $2.1 million during closing arguments Tuesday in a bellwether False Claims Act suit against J-M Manufacturing, saying the company should refund them for worthless pipes that didn't uniformly meet industry strength standards.

  • November 6, 2018

    Female Riot Games Workers' Suit Decries 'Bro Culture'

    One current and one former Riot Games Inc. worker hit the maker of League of Legends with a proposed gender discrimination and sexual harassment class action in California state court Tuesday, describing a “men-first” “bro culture” that’s fostered at the company.

  • November 6, 2018

    Winston & Strawn Loss May Squeeze Atty Arbitration Pacts

    A California appeals court decision sinking Winston & Strawn LLP's arbitration agreement with a former attorney suing the firm for discrimination will encourage "for hire" lawyers and others outside firms' power structures to fight contracts that seek to block legal disputes from reaching the courtroom, experts say.

  • November 6, 2018

    SEC Accuses 2 More In $9.5M EB-5 Investor Scheme

    Two more individuals — a real estate developer and an attorney — have been brought up on civil charges in California federal court for allegedly defrauding 135 immigrant investors out of at least $9.5 million through the EB-5 visa program, the U.S. Securities and Exchange Commission said Tuesday.

  • November 6, 2018

    Judge Calls Atty Fee Bid In $10M Uber Bias Deal 'Pretty High'

    A California federal judge granted final approval Tuesday to a $10 million deal resolving claims Uber discriminates against female and minority software engineers, but held off on awarding attorneys' fees, calling Outten & Golden LLP's $2.5 million fee request "pretty high."

  • November 6, 2018

    Investors Say Solar Co.'s Slide Warrants $2M Settlement

    Investors in Chinese solar firm Yingli Green Energy on Monday urged a California federal judge to sign off on a $2 million settlement in a securities fraud suit, saying further litigation would be pointless with the company teetering on bankruptcy.

  • November 6, 2018

    Judge Walks Back Comment Ripping Tata Exec At Bias Trial

    A California federal judge said Tuesday that a Tata Consultancy Services Ltd. executive testifying during a trial over class claims that the IT outsourcing agency illegally favors South Asians "doesn't know a lot of things," but later told jurors to ignore her comment after Tata's counsel objected.

Expert Analysis

  • The Fight Against No-Poach Agreements Is Expanding

    Paul Eckles

    Washington state's attorney general has reportedly reached agreements with 30 national chains to remove no-poach clauses from their U.S. franchise contracts. A flurry of private lawsuits has followed, and other states are beginning investigations. Franchises must prepare for scrutiny, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Emerging Trends In State And Local Equal Pay Efforts

    Brian Murphy

    In the face of relative inaction by the federal government, state and local governments are increasingly combating the gender pay gap with various legislative efforts. Employers must be cognizant not only of laws existing in their jurisdictions, but also of those in others, say Brian Murphy and Jonathan Stoler of Sheppard Mullin Richter & Hampton LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Fit For Fido? The Rise Of 'Natural' Pet Food Claims

    Steven Hwang

    As sales of “premium” pet food have increased in recent years, so has the number of consumer class actions filed against pet food manufacturers, specifically those involving claims that marketing and labeling pet foods as “natural” is false and misleading, say Steven Hwang and Cassandra Abernathy of Perkins Coie LLP.

  • Pros And Cons Of California’s New Corporate Blockchain Law

    Sara O’Connell

    A new California law will allow privately held companies to use blockchain technology for stock issuance and other corporate records. However, corporations should be cautious about moving into this relatively uncharted territory, say Sara O’Connell and Riaz Karamali of Pillsbury Winthrop Shaw Pittman LLP.

  • 9th Circ. Decision Poses Employer Tip Credit Challenges

    Margaret Grover

    The Ninth Circuit’s recent decision in Marsh v. J. Alexander’s may significantly impair the ability of companies in the hospitality industry to pay a reduced wage to tipped employees. As a result, employers will need to be cautious when applying a tip credit toward minimum wages, says Margaret Grover of Wendel Rosen Black & Dean LLP.

  • How New Calif. Law Will Impact Device Cybersecurity

    Laura Stefani

    A new California law requires specific types of cybersecurity protections for internet-connected devices. But the proliferation of state-based internet of things requirements could hinder efforts to develop and implement uniform national standards, says Laura Stefani of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • EPA's New Approach To Interstate Air Pollution Under CAA

    Norman Fichthorn

    Over the last two decades, the U.S. Environmental Protection Agency’s efforts to address interstate air pollution under the Clean Air Act have yielded a series of complex federal regulatory programs. However, it's now signaling a method that involves greater deference to states’ analyses and determinations, says Norman Fichthorn of Hunton Andrews Kurth LLP.

  • No Bots About It: California's Crackdown On Chatbots

    Anthony Ascombe

    Last month, California Gov. Jerry Brown signed a law restricting the use of automated online “bot” accounts. The law was drafted in part to help prevent election interference through the propagation of fake news, but it will also impact businesses that use bots to communicate with customers, say attorneys at Steptoe & Johnson LLP.

  • 9 FAQs About De Minimis Doctrine After Troester V. Starbucks

    Daniel Fears

    In Troester v. Starbucks, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. Attorneys with Payne & Fears LLP take a deeper dive into some lingering employer questions related to the ruling.