• December 1, 2017

    Biotech Cos. Among 5 IPOs That Could Surpass $580M

    Five firms are slated to lead five issuers set to raise nearly $581 million in initial public offerings during the week of Dec. 4, anchored by three venture-backed life science companies joined by a bank that specializes in real estate lending and a payday lender.

  • December 1, 2017

    9th Circ. Says Gov't Still Party To Closed Lawsuit In FCA Row

    The ghost of jurisprudence past came to haunt the Ninth Circuit on Friday in the form of Marbury v. Madison, when a split panel refused to revive a whistleblower’s suit against Biotronik Inc., finding the government, unlike a deceased former president, can still be a party to a dismissed lawsuit.

  • December 1, 2017

    Trump’s Pick For Calif. US Atty Made $5.7M At Orrick

    President Donald Trump’s nominee for U.S. attorney in California’s Eastern District, who would be serving in that role for the second time, earned more than $5.7 million in distribution and bonuses since 2015 as an Orrick Herrington & Sutcliffe LLP partner, he said in recently published filings.

  • December 1, 2017

    9th Circ. Ruling Hints At Bumpy Road For Water Rule Redo

    A recent Ninth Circuit ruling on the federal government’s enforcement power under the Clean Water Act showcased some of the legal obstacles that may confront the Trump administration as it crafts a replacement to the Obama administration’s soon-to-be-rescinded “waters of the U.S.” rule.

  • December 1, 2017

    Google Nears Win In Gender Pay Row, But Fight To Continue

    A California state judge on Friday said that she will probably toss a California Equal Pay Act putative class action alleging that Google Inc. pays women less than men who do the same work, but said she will let the three plaintiffs amend their complaint to add specifics to their allegations.

  • December 1, 2017

    Calif. Justices Take Up DDT Maker's Excess-Insurance Battle

    California's high court has agreed to review Montrose Chemical's dispute with its excess insurers over coverage for claims of environmental damage from the company's production of the pesticide DDT, and will determine if Montrose must exhaust its lower-level policies before it can tap any excess policy, according to a Friday news release.

  • December 1, 2017

    Record Co. Urges Full 9th Circ. To Redo 'Empire' TM Ruling

    A record label sharing a name with the hit TV show “Empire” urged the Ninth Circuit on Thursday to reconsider en banc its November ruling in the label’s trademark suit against Fox, saying that the decision gave the broadcaster “free rein” to pit the fictional label against the real record label’s mark.

  • December 1, 2017

    Chrysler Says Customers' Clutch Claims Aren't Common

    A California federal court shouldn't certify a proposed class of Dodge Dart owners alleging clutch defects, Fiat Chrysler said Thursday, arguing the class definition is too broad and that there is no common defect among the would-be class members, among other reasons.

  • December 1, 2017

    9th Circ. Reversal Gives Lummi Disputed Fishing Rights

    A Ninth Circuit panel ruled Friday that the Lummi Nation’s right to take fish under a treaty executed in the 1850s includes disputed waters near Seattle, reversing a lower court’s award of a quick win to the Lower Elwha Klallam Tribe.

  • December 1, 2017

    Ex-Pol In Russian Mall Row Fights Turnover Order At 9th Circ.

    A former Russian lawmaker fighting a court order to turn over assets held in a Liechtenstein trust to satisfy a $93 million arbitration award told the Ninth Circuit on Thursday the decision must be vacated, arguing a lower court wielded inapplicable state law and went over the exclusive jurisdiction of Liechtenstein courts.

  • December 1, 2017

    Ogletree Botched Analyst’s Green Card Case, Suit Claims

    Ogletree Deakins Nash Smoak & Stewart PC has been hit with a legal malpractice lawsuit in California court that alleges the law firm botched a green card application for a motion picture service company's British financial analyst and exposed the company to a lawsuit from the analyst.

  • December 1, 2017

    Justices To Hear Appeal In Tesla Unit Antitrust Suit

    The U.S. Supreme Court agreed Friday to hear the appeal of an Arizona utility that wants to immediately challenge a lower court's determination the power company must face an antitrust suit brought by Tesla subsidiary SolarCity Corp.

  • December 1, 2017

    Trump Bashes Steinle Verdict While DOJ Mulls Federal Charge

    President Donald Trump on Friday continued to decry the verdict in the case over the death of Kate Steinle, which has been a focal point in the national debate over sanctuary cities, and the U.S. Department of Justice is considering bringing a federal murder charge against the immigrant accused in the case.

  • December 1, 2017

    Calif. Appeals Panel Remands CEQA Rail Line Dispute

    A California appeals court has remanded an environmental challenge to the North Coast Railroad Authority’s proposal to revive a line in Northern California, months after the state Supreme Court said federal law does not preempt the California Environmental Quality Act on a state-owned rail project.

  • December 1, 2017

    9th Circ. Asked To Affirm Tribal Leadership Decision

    The federal government and a faction of a California tribe both urged the Ninth Circuit on Wednesday not to revive a rival faction’s challenge to a U.S. Bureau of Indian Affairs' decision that found a general council established to serve as the tribe’s governing body in 1998 isn’t the tribe’s valid representative.

  • December 1, 2017

    Vitamin Cos. Want New Trial After $6.8M IP Verdict

    Vitamin companies accused of patent infringement urged a California federal judge Thursday to grant them a new trial after losing a $6.8 million jury verdict in September, saying the evidence doesn’t support the jury’s finding.

  • December 1, 2017

    Cabinet Co. American Woodmark Inks $1.075B Deal For Rival

    Kitchen cabinet and vanity manufacturer American Woodmark Corp. on Friday said it nailed down a deal to buy rival bath and kitchen cabinetmaker RSI Home Products Inc. in a transaction worth roughly $1.075 billion.

  • December 1, 2017

    Taxation With Representation: Debevoise, Clifford, Sullivan

    In this week’s Taxation with Representation, Meredith Corp. acquired Time Inc. for $2.8 billion, Thoma Bravo picked up Barracuda for $1.6 billion, Cerberus snapped up BBVA’s real estate business for $4.74 billion and Altran shelled out $2 billion for Aricent.

  • December 1, 2017

    Senate GOP Reaches SALT, Pass-Through Tax Rate Deals

    The Senate’s $1.4 trillion tax cut bill appeared to be nearing final passage in the chamber Friday after agreements were reached to increase the tax benefit for pass-through businesses and permit a deduction for state and local property taxes.

  • November 30, 2017

    Google Nears Win, But Can’t Put Click Fraud Suit To Bed

    A California federal judge Thursday indicated she’d give a businessman a fifth chance to fix his putative class action alleging Google falsely markets its online advertising program by downplaying invalid click percentages, saying he hadn’t shown he’d lost money but made compelling arguments he relied on the tech giant’s representations.

Expert Analysis

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • Trump’s Tweets Stymie Trans Military Ban In Lower Courts

    Bryan Jacoutot

    Last week, a D.C. federal judge halted much of President Donald Trump’s controversial ban on transgender military service, which he first announced via Twitter. The use of the president’s own (albeit, unofficial) statements against him marks an emerging theme in litigation challenging the president’s agenda, says Bryan Jacoutot of Taylor English.

  • Adapting To The New TSCA Regulatory Structure

    Judah Prero

    California Gov. Jerry Brown recently signed the Cleaning Product Right to Know Act of 2017 into law. It will require online ingredient listing and on-package disclosure of ingredients by manufacturers of cleaning products. This new law is just one of the latest actions taken by a state to somehow regulate the use of chemicals, says Judah Prero of Sidley Austin LLP.

  • 9th Circ. Tip-Credit Opinion Is Good News For Employers

    Laura Lawless Robertson

    In Marsh v. J. Alexander’s, the Ninth Circuit recently found that it was not required to defer to the U.S. Department of Labor’s Field Operation Handbook interpretation of “dual jobs” because the interpretation is inconsistent with the regulation, acknowledging that its decision would create a split among the circuits, says Laura Lawless Robertson of Squire Patton Boggs LLP.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • A Potential New Hope For Indemnity And Contribution Claims

    Robert Naeve

    The Ninth Circuit's recent decision in Los Angeles v. Aecom is the first appellate decision to hold that the Americans with Disabilities Act does not necessarily preempt contribution claims as between co-defendants, possibly signalling a retreat from wholesale rejection of indemnity and contribution claims in ADA cases, says Robert Naeve of Jones Day.

  • Stats On How TC Heartland Is Affecting Patent Litigants

    Chase Perry

    When the U.S. Supreme Court decided the now-famous TC Heartland case in May 2017, a robust discussion began regarding how significant its effects would be. Chase Perry of Ankura examined statistics from recent months in search of changes in case filing patterns and patent holder success metrics.

  • Misclassification Claims Threaten Gig Economy Business

    Tracey Diamond

    Recent gig economy cases in New York and California are either pending or were settled before the court could issue a determinative judgment as to the proper classification of workers. But the facts of the cases and the settlement details provide valuable insight into the potential risks and exposure for gig economy companies, say attorneys with Pepper Hamilton LLP.

  • Lessons From A 'Maple' Oatmeal Class Action Dismissal

    Emily Pincow

    A federal court in California recently dismissed a proposed class action against Quaker Oats Company Inc. based on federal preemption. This decision can serve as a road map for other companies in defending against similar consumer class actions focused on food labeling claims, says Emily Pincow of Weil Gotshal & Manges LLP.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.