• 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.

  • December 5, 2017

    Tressler Partner Sues Atty For Bungling Move From Old Firm

    A former Freeman Freeman & Smiley LLP partner has filed suit in California state court alleging attorney Daniel O'Reilly and his firm O'Reilly & Roche LLP, which specializes in partner departures, bungled negotiations during his exit from FFS.

  • December 5, 2017

    9th Circ. Refuses To Rethink Ex-InterMune CEO's Conviction

    A Ninth Circuit panel said Monday that it wouldn't rethink a 2009 wire fraud conviction of biotechnology company InterMune's former CEO, rejecting his argument that his attorneys’ performance at trial was constitutionally deficient.

  • December 5, 2017

    Customs’ Football-Field-Size Barrier Is Illegal, 9th Circ. Told

    A humanitarian aid nonprofit urged the Ninth Circuit on Tuesday to revive its suit accusing U.S. Customs and Border Protection of violating its free speech rights near an Arizona checkpoint, arguing that border patrol illegally blocked off a public area roughly the size of a football field to suppress protesters.

  • December 5, 2017

    Judge Wants Help Responding To High Court DACA Stay Bid

    A California federal judge asked for help Monday responding to a U.S. Supreme Court petition the Trump administration filed recently seeking to pause a discovery mandate in a group of cases contesting the planned end of the Deferred Action for Childhood Arrivals program.

  • December 5, 2017

    Morgan Lewis May Face DQ Over 'Sticky' Conflict In Wage Suit

    A California federal judge said Tuesday he’s considering disqualifying Morgan Lewis & Bockius LLP from representing Interstate Hotels & Resorts Inc. in a wage suit after three potential class members testified that the firm represented both them and Interstate during their depositions, creating a conflict the judge called “a sticky mess.”

  • December 5, 2017

    Boss’ Actions ‘Vile’ Enough For $1.3M Award: Calif. Court

    A California state appeals court on Monday affirmed a $1.325 million verdict for a former self-storage clerk who alleged she was fired for getting pregnant, saying a jury fairly found her former boss acted with malice by obscuring that she was let go for filing a claim over reduced hours.

  • December 5, 2017

    Faulty EIRs Can Be Dealt With Piecemeal, Calif. Court Says

    A California state appeals court on Monday said that even though two parts of an environmental impact report for a major development were faulty, a lower court was right to separate out those elements instead of granting a request by environmental groups to fault the entire report.

  • December 5, 2017

    BLM Will Fight Methane Enforcement Ruling At 9th Circ.

    The Bureau of Land Management on Monday said that it will appeal to the Ninth Circuit an October ruling from a California federal magistrate judge that reactivated Obama-era regulations limiting methane gas emissions on public lands.

  • December 5, 2017

    9th Circ. Gives Navajo Partial Win In Waters Rights Suit

    A Ninth Circuit panel on Monday gave the Navajo Nation a partial win in its water rights suit against the U.S. Department of the Interior, ruling that a district court’s dismissal of its breach of trust claim was not warranted, and sent the claim back to the lower court to consider it on its merits.

  • December 4, 2017

    Twitter, Facebook, Google Slip Suit Over Texas Shooting

    A California federal judge on Monday dismissed a Dallas police sergeant’s suit against Twitter, Facebook and Google alleging their websites helped radicalize a terrorist who killed five officers, ruling the sergeant didn’t show how terrorist groups used the sites to influence the shooting.

  • December 4, 2017

    Medical Group's Rehiring Ban Is Illegal, 9th Circ. Told

    A California doctor urged the Ninth Circuit to overturn a lower court’s ruling enforcing his settlement with California Emergency Physicians Medical Group, which prohibits him from working with the health care chain, arguing Monday that the deal violates state law by imposing substantial restrictions on where he can work.

  • December 4, 2017

    Enviros Sue EPA To Administer Smog Reduction Rules

    A group of health and environmental organizations filed suit Monday in California federal court, seeking an order requiring Environmental Protection Agency administrator Scott Pruitt to designate areas of the U.S. subject to smog reduction requirements under 2015 regulations issued by the agency.

  • December 4, 2017

    Los Angeles Is The Latest City To Sue Uber Over Data Breach

    The city of Los Angeles on Monday became the latest local government to sue Uber Technologies Inc. over its alleged attempts to cover up a 2016 hacking incident, claiming the tech giant violated California law by failing to notify drivers about the breach.

  • December 4, 2017

    Calif. License Fraudsters Bribed DMV Workers, Feds Say

    Several California residents have landed in hot water for helping unqualified people get licenses to drive tractor-trailers, tankers and the like by bribing state Department of Motor Vehicles employees, with federal prosecutors announcing charges against them Monday. 

  • December 4, 2017

    Immigrant-Duping Calif. Atty Charged With Felony Theft

    A disbarred immigration attorney on Monday pled guilty in a California state court to 15 felony counts of grand theft for defrauding citizenship-seeking clients and agreed to pay them $371,709 in restitution, according to an announcement from state attorney general Xavier Becker.

  • December 4, 2017

    LPL Asks Calif. Judge To Nix Stock-Drop Suit For Good

    The largest U.S. independent broker-dealer urged a California federal judge on Friday to toss a proposed class action accusing it of covering up "severely disappointing" financial results while a major private equity backer cashed out to the tune of $187 million, saying the investors behind the suit haven't fixed the problems that got their last complaint thrown out.

Expert Analysis

  • 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.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Being A Public-Benefit Corporation In California, Delaware

    Jonathan Storper

    Benefit corporation legislation created a new kind of corporation that is required to pursue a social and environmental mission in addition to creating economic benefits for its shareholders. Here, Jonathan Storper of Hanson Bridgett LLP breaks down the reporting requirements for California and Delaware benefit corporations and offers some best practices.

  • Protect Your Insurance Recovery After California Fires

    Michael Levine

    In the aftermath of the Northern California wildfires, property loss estimates have exceeded $3 billion. Policyholders affected by the disaster should take prompt steps to maximize their insurance recoveries, and avoid key mistakes that could jeopardize coverage, say Michael Levine and Lorelie Masters of Hunton & Williams LLP.

  • Applying Calif. Antitrust Law To Out-Of-State Transactions

    Fred Isquith

    In Packaged Seafood Products Antitrust Litigation, a California federal judge recently examined state court choice-of-law rules as applied in antitrust actions lodged in federal court. In applying California’s antitrust law to out-of-state transactions by the citizens of states other than California, the opinion adds an important contribution to the jurisprudence in this area, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.