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California

  • August 14, 2018

    Uber Taps Ex-NSA GC To Run Security After Breach Fallout

    Uber said Tuesday that it has tapped Matt Olsen, the former director of the National Counterterrorism Center and general counsel at the National Security Agency, to lead its security team as the company tries to rebuild its reputation after its botched handling of a data breach.

  • August 14, 2018

    NCAA, Players Can Use O'Bannon Evidence In Antitrust Trial

    The California federal judge who will try claims the NCAA illegally prevents athletes from being paid beyond their scholarships said Monday she will admit evidence from the landmark O'Bannon case, overriding multiple objections from both the sports body and the students.

  • August 14, 2018

    Woodbridge Noteholder Group Slams Del. Ch. 11 Disclosures

    A group of Woodbridge Group noteholders on Monday urged the Delaware bankruptcy court to reject Woodbridge's Chapter 11 plan disclosures, saying they don't take into account the potentially tens of millions in secured and administrative claims the noteholders say they hold.

  • August 14, 2018

    Most Of Southwest Passenger's Civil Rights Suit Survives

    A federal judge on Tuesday declined to toss all but one claim from a California man’s lawsuit alleging he was removed from a Southwest Airlines Co. plane solely for speaking in Arabic, finding that the complaint adequately alleged discrimination by the airline and one of its employees.

  • August 14, 2018

    Tesla's Latham-Guided Panel To Study Take-Private Scenarios

    Tesla Inc. said Tuesday that its board of directors has formed a special committee, advised by Latham & Watkins LLP, that will evaluate any going-private proposals for the electric carmaker in the wake of a recent tweet by CEO Elon Musk that signaled his desire to take the company private.

  • August 14, 2018

    Loeb Taps 6 Ex-Cooley Attys To Run New SF Office

    Loeb & Loeb LLP announced Tuesday that it’s opened a new office in downtown San Francisco, which will be run by six trusts and estates lawyers the firm nabbed from Cooley LLP.

  • August 14, 2018

    Calif. Biz Owner Cops To Violating Syrian Sanctions

    A California businessman pled guilty on Monday to conspiring to export American tactical gear to Syria, a violation of U.S. economic sanctions against the country.

  • August 14, 2018

    Will Calif. Spark Movement On Outside Investment In Law?

    A hard look in California at the role nonlawyers can play in the delivery of legal services could prompt a ripple effect in the U.S. if the state takes the bold step of allowing other professionals to invest in law firms and claim an ownership stake.

  • August 13, 2018

    Investors Secure Class Cert. In Biotech Stock-Drop Case

    A California federal judge on Monday certified a shareholder class alleging that biotech company NantKwest didn’t tell investors the company had incurred over $114 million in executive compensation expenses for its chief executive officer prior to its $225 million initial public offering in 2015.

  • August 13, 2018

    LED Co. Wins $66M In Trade Secrets Row With Chinese Rival

    A California jury awarded LED lighting company Lumileds LLC $66 million on Friday, finding that the chairman of China’s Elec-Tech International Co. Ltd. had paid a former Lumileds employee to steal trade secrets so that he could implement them in his company’s products.

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability.

  • August 13, 2018

    Michael Kors Wage Class Action Likely Headed To Arbitration

    A California federal judge on Monday tentatively ruled that Michael Kors USA Inc. and a staffing company can send to individual arbitration a woman’s putative class action alleging the companies stiff workers on overtime and withhold rest and meal breaks.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo.

  • August 13, 2018

    Calif. High Court Says High-Interest Loans May Be Illegal

    The high interest rates on CashCall’s consumer loans worth more than $2,500 could be unconscionable, the California Supreme Court said Monday, answering the Ninth Circuit’s query on whether the state’s Financial Code, which lays out interest caps on loans under $2,500, could apply to larger debts.

  • August 13, 2018

    After 'Untenable' IP Case, Judge Says MoFo Is Owed Fees

    A California federal judge on Monday sided with a team of Morrison & Foerster LLP attorneys who helped Genentech Inc. beat a patent infringement suit by Phigenix Inc. over the breast cancer drug Kadcyla, granting attorneys’ fees after finding Phigenix had “stubbornly proceeded with an untenable case.”

  • August 13, 2018

    Apple Seeks To Stop Class Action Bid Over Cracked Watches

    Apple urged a California federal judge Friday to toss a proposed class action accusing the company of selling millions of watches with defective screens that can crack or shatter, saying the watch that prompted the suit broke after the warranty expired.

  • August 13, 2018

    5 State AGs Argue Against $62B Bayer-Monsanto Deal

    In opposition to Bayer AG’s planned $62 billion acquisition of Monsanto Co., the attorneys general of California, Iowa, Massachusetts, Mississippi and Oregon sent a comment letter to the U.S. Department of Justice, arguing that the deal would concentrate an already narrow seed market and threaten innovation.

  • August 13, 2018

    China Telecom Unit Smacked With TCPA Suit Over Robocalls

    An American subsidiary of state-owned China Telecom Corp. Ltd. has been hit with a proposed class action in California federal court alleging that the telecom provider has violated the Telephone Consumer Protection Act by bombarding consumers with robocalls.

  • August 13, 2018

    Nursing Home Can't Arbitrate Suit, Calif. Appeals Court Says

    A California state appellate court on Friday denied a skilled nursing facility's petition for arbitration in a suit alleging negligence and elder abuse, finding that the patient who signed the agreement lacked the mental capacity to form a binding agreement when he was admitted to the care center.

  • August 13, 2018

    Calif. Panel Nixes WinCo Foods Meal Break Suit

    A California state appellate court on Monday upheld the dismissal of a proposed class action accusing supermarket chain WinCo Foods LLC of stiffing hourly workers at a California location of some meal breaks, saying the parties legally waived breaks for certain shifts in a collective bargaining agreement.

Expert Analysis

  • Website Accessibility Suits Threaten Omnichannel Sales

    Alan Behr

    Retailers and others with consumer websites that support physical sales facilities are being hit with lawsuits claiming that their websites exclude the visually impaired in violation of federal law. But thus far, federal courts have disagreed on whether a website is a “place of public accommodation,” say Alan Behr and Rachel Bandli at Phillips Nizer LLP.

  • Innovator Liability Flunks The Dormant Commerce Clause

    Richard Dean

    Two circuit court decisions issued in May invoked the dormant commerce clause to strike down enforcement of state laws beyond state borders. It is not surprising that there is also a dormant commerce clause argument in regard to innovator liability, says Richard Dean of Tucker Ellis LLP.

  • Are California’s Economic Sourcing Rules The Next Wayfair?

    Gabrielle Hirz

    During the long debate over the physical presence standard for sales and use tax, a quiet revolution in corporate income tax has taken place — the shift to market-based sourcing for services income. Now that the U.S. Supreme Court has overruled physical presence, will market-based sourcing be the next state tax debate? ask Gabrielle Hirz and Michael Benison of Ropes & Gray LLP.

  • Insights On Time-Rounding Systems For Calif. Employers

    Andrea Calem

    A California appellate court's recent opinion in AHMC Healthcare v. Superior Court of Los Angeles County is helpful for employers that use time-rounding systems. The discussion of the statistical criteria required to establish that such practices are neutral is particularly useful, say Andrea Calem and Roland Juarez of Hunton Andrews Kurth LLP.

  • 10 Tips For A Successful Employment Mediation

    Frank Burke

    Recently, courts across the country have seen an increase in employment law claims, a high percentage of which are resolved through the mediation process. In this article, Frank Burke of ADR Services Inc. shares best practices for planning, strategy and mediation advocacy in the employment law arena.

  • States Responding To SALT Cap, Carried Interest Provisions

    Naylor-Jeremy.jpg

    A number of states have recently proposed or passed new laws targeting carried interest loopholes and the cap on state and local tax deductibility. Some of these efforts are taxpayer-friendly and some are expected to impose additional tax burdens, say Jeremy Naylor and Kimberly Ann Condoulis of Proskauer Rose LLP.

  • Bristol-Myers Unlikely To Shake Up Class Action Landscape

    Alec Schultz

    The U.S. Supreme Court’s Bristol-Myers opinion last year set a high jurisdictional bar for some mass tort claims. Now plaintiffs lawyers fear — and defense lawyers hope — that courts will apply the same reasoning to stifle nationwide class actions. But the effect of this ruling on national class actions is likely to be minimal, say Alec Schultz and Aaron Brownell of Léon Cosgrove LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • It's All Too Easy To Sell An 'Unregistered Pesticide'

    Jesse Medlong

    Whether a product is legally considered a “pesticide” depends as much on the label as on the chemicals it contains. Retailers and manufacturers face significant liability for selling products that would not, in fact, be pesticides if not for careless labeling. And the problem only increases as e-retailing grows, say Jesse Medlong and George Gigounas of DLA Piper.

  • Calif. Rules For Advising Cannabis Clients Need Clarity: Part 2

    Francis Mootz III

    California's State Bar and Supreme Court should draw from other states' approaches to cannabis lawyering and proactively address ethical concerns in the proposed amendments to its Model Rules of Professional Conduct, say Francis Mootz III of the McGeorge School of Law and Ian Stewart and Sehreen Ladak of Wilson Elser Moskowitz Edelman & Dicker LLP.