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California

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    Fitbit Abuses Arbitration To Skip All Claims, Consumers Say

    Fitbit Inc. abused its own arbitration clause to avoid ever facing claims from consumers about problems with its heart-monitoring watches, the consumers’ attorneys told a California federal judge Friday, saying the company refused to participate in the arbitration it had requested for two years.

  • June 15, 2018

    Verizon Users Vie To Keep ‘Zombie Cookies’ Suit Alive

    Verizon subscribers have urged a California federal court to let them move forward with their proposed class action alleging online marketer Turn Inc. used “zombie cookies” to track their mobile device browsing habits, saying that the company’s technology violated their privacy rights.

  • June 15, 2018

    Drivers' Attys In Axed Uber Data Hack Suit Ask For Fees

    Attorneys for drivers accusing Uber of lying about a 2014 data breach that compromised personal information asked a California federal judge on Friday for $400,000 in fees — even though the court rejected the proposed class action in May.

  • June 15, 2018

    EPA Can’t Trash Enviros’ Pesticide Suit, Judge Says

    The U.S. Environmental Protection Agency can’t nix allegations it failed to investigate the effect of more than 2,000 pesticide products on endangered species, a California federal judge said Friday, but he added that, down the line, environmentalists need to do a “much better job” of linking animals to the chemicals purportedly threatening them.

  • June 15, 2018

    10 Firms To Steer Biotech-Heavy IPO Lineup Exceeding $1B

    Ten firms are slated to guide 10 initial public offerings projected to raise about $1.3 billion during the week of June 18, representing a lineup dominated by biotechnology issuers plus a real estate investment trust as IPO season hits a busy stretch before the July 4 holiday.

  • June 15, 2018

    9th Circ. Sends Rick Ross' TM Win Back To Lower Court

    A Ninth Circuit panel on Friday reversed a lower court's finding that invalidated a Los Angeles hip-hop artist’s "mastermind" trademark in his infringement case against Grammy-nominated rapper Rick Ross and three record labels, ruling there’s not enough evidence to conclude the mark can’t be protected.

  • June 15, 2018

    BALCA Denies Qualcomm's Bid To Certify Engineer Position

    The Board of Alien Labor Certification Appeals on Thursday affirmed the denial of a labor certification bid by Qualcomm for an engineer position in California, determining that the company’s alternate requirements of education and experience for the job were too different from its primary requirements.

  • June 15, 2018

    Seagate Buyers Must Carve Up Class Cert. Bid, Judge Says

    Seagate customers seeking class certification on claims the hardware maker sold faulty hard drives need to divide their request into subclasses, a California federal judge said Friday, explaining there was too much variability in failure rates of different hard drives to lump all claims into one class.

  • June 15, 2018

    Corp. Counsel Group Backs Mining Co. In $207M Tax Row

    The Association of Corporate Counsel urged a California federal court to consider communication privileges Thursday, backing Canadian mining company Silver Wheaton Corp. in a class action brought by investors over the company’s alleged scheme to keep $207 million in transfer pricing tax liability secret to boost stock prices.

  • June 15, 2018

    NCAA Expert May Get To Rebut Athletes In Pay Cap Case

    A California federal judge Thursday said she may allow the NCAA to put on an expert, after all, to rebut a challenge to an association rule capping compensation for college athletes.

  • June 15, 2018

    Former Visa Atty Rejoins White & Case In Silicon Valley

    White & Case LLP has announced that a former vice president and associate general counsel at Visa Inc. has joined its Silicon Valley office as partner, bringing deep experience in intellectual property and tech-related matters to the firm’s technology transactions and global mergers and acquisitions practices.

  • June 15, 2018

    Airbnb Loses Free Speech Challenge To Rental Ordinance

    A California federal judge on Thursday echoed his previous ruling against Airbnb Inc. and HomeAway.com Inc. in dismissing the case and constitutional challenges to a Santa Monica city ordinance that bans unregistered short-term rentals.

  • June 15, 2018

    Paint Supplier Accused Of Forming A Monopoly In Calif.

    A San Francisco Bay Area paint distributor hit FinishMaster Inc. with a lawsuit in California federal court Thursday, accusing the automotive and industrial paint finishing supplier of using its market power to tout six-figure customer loyalty discounts that stifled competition.

  • June 15, 2018

    Theranos Founder, Ex-COO Indicted For Fraud

    Theranos Inc. ousted founder Elizabeth Holmes as CEO as she and the company’s former chief operating officer were indicted Friday on charges they defrauded investors and doctors with blood testing technology the pair knew didn’t work.

  • June 15, 2018

    Shareholders Allege PG&E Fraud In Suit Over Calif. Wildfires

    Shareholders hit PG&E Corp. with a proposed class action Thursday accusing the utility of defrauding investors by claiming to comply with California safety regulations despite a state investigation blaming PG&E for a dozen of the wildfires that ravaged the state in 2017.

  • June 15, 2018

    Atty's Brother Gets 2½ Years For Aiding $1.5M Stock Scheme

    The brother of a California attorney was sentenced to 30 months behind bars Friday in Massachusetts federal court for helping two of his siblings and several others with a 2012 pump-and-dump scheme that netted at least $1.5 million.

  • June 15, 2018

    GI Partners Nabs 2 Cos. To Form Human Tissue Storage Biz

    GI Partners, led by Paul Hastings LLP, revealed plans Friday to pick up donor sperm and egg bank California Cryobank and stem cell collection and storage company Cord Blood Registry in a pair of separate deals before merging the two into a top player in the stem cell storage and reproductive tissues services market.

Expert Analysis

  • Dismissal Of Facebook Tax Appeal Suit Will Embolden IRS

    Jason Dimopoulos

    The Northern District of California recently rejected Facebook’s argument that taxpayers have a right to be referred to the Internal Revenue Service Office of Appeals after a case has been brought in U.S. Tax Court. The implications of this decision for taxpayers are significant and will likely embolden the IRS as it increasingly seeks to limit taxpayer access to the appeals office, says Jason Dimopoulos of Morgan Lewis & Bockius LLP.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • Insurers Use Calif. Fraud Law Against Health Providers

    Zachary Rothenberg

    California's Insurance Fraud Prevention Act has emboldened car insurance companies to sue health care providers for allegedly overcharging patients whose bills are ultimately paid by the insurers in personal injury claims. As IFPA suits become increasingly common, health care providers should take precautions to minimize their exposure, says Zachary Rothenberg of Nelson Hardiman LLP.

  • Don’t Cry Over Clearly Labeled Organic Milk

    Jeff Brown

    Earlier this month, a California federal court dismissed a claim that Horizon Organic milk, which contained an additive noted on the package, was not truly organic, and thus violated state laws against product misrepresentation. The decision makes clear that if a label identifies a product’s content, a claimant cannot assert that she read the label and then was misled, says Jeff Brown of Thompson Coburn LLP.

  • Post-Dynamex Considerations For Calif. Health Care Cos.

    Gregg Fisch

    Now that the California Supreme Court's lengthy opinion in Dynamex Operations West v. Superior Court of Los Angeles County has been digested, there are two main employee classification questions for California health care companies, say Gregg Fisch and Aytan Dahukey of Sheppard Mullin Richter & Hampton LLP.

  • States Need Realistic Expectations For Sports Betting

    A.G. Burnett

    In the run-up to the U.S. Supreme Court's decision in Murphy v. NCAA, many state officials viewed legalized sports betting as the answer to their budgetary problems. But states will soon learn, if they haven’t already, that sports betting is a complicated and low-margin business. Nevada’s results are sobering, say A.G. Burnett and Rick Trachok of McDonald Carano LLP. 

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • Business As Usual For Employers After Epic Systems Opinion

    Veronica Gray

    While the U.S. Supreme Court's decision Monday in Epic Systems v. Lewis is a decisive win for employers, it simply preserves the status quo in wage and hour litigation and reaffirms the ability of employers to avoid costly class actions by requiring employees to sign arbitration agreements containing class action waivers as a condition of employment, say Veronica Gray and Allison Callaghan of Nossaman LLP.

  • Why 9th Circ. Revisited Its Decision On 'Flushable' Wipes

    Lucia Roibal

    Earlier this month, the Ninth Circuit amended its 2017 decision in Davidson v. Kimberly-Clark Corp., and made it clear that a plaintiff who has learned the truth about an allegedly false advertisement only has standing if she intends to purchase the product again in the future, says Lucia Roibal of Morrison & Foerster LLP.