• 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.

  • December 5, 2017

    AGs Lob Latest Suit Accusing EPA Of Missing Smog Deadline

    A coalition of 15 attorneys general from states including New York, California and Massachusetts sued the U.S. Environmental Protection Agency and its leader on Tuesday, alleging the agency has missed a deadline to identify the areas of the U.S. that are subject to smog reduction requirements.

  • December 5, 2017

    9th Circ. Tackles The Case Of The Bright Green Earplugs

    Moldex-Metric urged the Ninth Circuit on Tuesday to again revive allegations rival McKeon infringed its trademark shade of green for industrial-use earplugs, saying a lower court wrongly found the color was unprotectable because it served an essential function — allowing workers to see whether colleagues are wearing them.

  • December 5, 2017

    SEC Atty Joins Perkins Coie In Calif. As Partner

    Perkins Coie LLP added a U.S. Securities and Exchange Commission attorney to its San Francisco office as a partner with a focus on blockchain technology, the firm announced Monday.

  • December 5, 2017

    Micron Tech Says Rivals Conspired To Steal Talent, Secrets

    Micron Technology Inc. accused two companies in Taiwan and China of recruiting its employees and stealing valuable information about Micron’s dynamic random access memory integrated circuits in an attempt to become viable rivals to the California company, according to a suit filed Tuesday.

  • December 5, 2017

    Calif. Town Telephone Tax Constitutional, Appeals Court Says

    A California state appeals court affirmed a Los Angeles County court decision Monday, confirming the constitutionality of the city of Norwalk’s 5.5 percent tax on various types of telephone services.

Expert Analysis

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Big Pharma Faces Insurance Hurdles In Opioid Suits

    R. Patrick Bedell

    Following a California appellate court’s Nov. 6 opinion in Travelers v. Actavis and recent lawsuits disclaiming damages for bodily harm, the pharmaceutical industry faces new challenges in recovering insurance for opioid lawsuits filed by government plaintiffs, say R. Patrick Bedell and Kevin Harris of BatesCarey LLP.

  • 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.