• November 29, 2017

    SeaWorld Investors Win Cert. In 'Blackfish' Stock-Drop Suit

    A California federal judge certified on Wednesday a class of investors who claim that SeaWorld Entertainment Inc. intentionally concealed that the hit documentary “Blackfish” caused an attendance drop at SeaWorld theme parks.

  • November 29, 2017

    Judge Blames Uber Deputy GC For Waymo IP Trial’s Delay

    A California federal judge blamed Uber’s deputy general counsel for a two-month delay of Waymo’s trade secrets trial over allegedly stolen self-driving car technology, saying in a hearing Wednesday that Uber’s failure to produce an ex-employee’s letter meant the lawyer may be “in trouble.”

  • November 29, 2017

    Atty Seeks Arbitration For Ex-Pot Co. Exec's Malpractice Suit

    The attorney accused by a former marijuana vending machine mogul of being partly to blame for alleged securities law violations that led to a $12.3 million settlement with the U.S. Securities and Exchange Commission told a California federal court on Tuesday that the malpractice suit against him and his firm belongs in arbitration.

  • November 29, 2017

    Prenatal Vitamin Maker Fights To Stop OTC Label Change

    A prenatal vitamin maker urged a California federal judge Wednesday to preliminarily bar First Databank Inc. from changing codes on prescription prenatal vitamins so they’re sold over-the-counter, arguing that the change will mislabel the supplements and deny pregnant women covered by Medicaid access to vitamins that prevent birth defects.

  • November 29, 2017

    Yoshinoya Can't Ditch Workers' On-Call Claims In Calif.

    Yoshinoya America Inc. must pay employees who are required to block off time for call-in shifts, even if the workers don’t have to physically show up at the Japanese fast food stores, a California state court judge said in a ruling refusing to throw out a proposed class action.

  • November 29, 2017

    Trump Sparks Outcry With Anti-Muslim Videos On Twitter

    President Donald Trump on Wednesday retweeted three inflammatory videos allegedly depicting Muslims that had been posted by a leader of a far-right party, earning him a swift rebuke from the British prime minister and potentially handing his opponents in the travel ban cases fresh ammunition.

  • November 29, 2017

    Starbucks Slims Scope Of Underfilled Latte Dispute

    A California federal judge reined in litigation accusing Starbucks of underfilling hot beverages Tuesday, saying a quick win is appropriate on allegations about the size of the company’s warm drink cups and that other recently advanced arguments exceed the scope of the latest complaint.

  • November 29, 2017

    McDermott Urges Toss Of Westlaw Widow's Malpractice Suit

    A California judge on Wednesday tentatively denied McDermott Will & Emery LLP’s bid to dodge a $7.5 million malpractice suit over an allegedly botched inheritance to the widow of attorney Dwight Opperman, whose former company created Westlaw, but held off on finalizing her decision after oral arguments over whether the claims are time-barred.

  • November 29, 2017

    GoPro Gets Quick Copyright Wins In Battle With VR Co.

    Virtual reality and camera company 360Heros Inc. infringed several of GoPro Inc.’s copyrighted photos, a California federal judge ruled Tuesday, finding that GoPro’s works were original and 360Heros made near-identical copies.

  • November 29, 2017

    Fiat Chrysler, Bosch Push To Ax Claims In Emissions MDL

    Fiat Chrysler and Bosch urged a California federal judge to toss claims brought by drivers in multidistrict litigation over alleged cheating on emissions testing, with the automaker on Wednesday saying that, unlike in Volkswagen’s case, the drivers don’t claim their cars lost market value.

  • November 29, 2017

    Walmart, GSA Settle With EPA Over Calif. Emissions Foul

    Wal-Mart Transportation LLC and the U.S. General Services Administration recently agreed to separate settlements with the U.S. Environmental Protection Agency over pollution-spewing trucks that had not been upgraded to reduce diesel emissions as required by California, the EPA announced Wednesday.

  • November 29, 2017

    Hisense Says Sharp Can't Appeal Remand Ruling In TM Row

    Electronics manufacturer Hisense pushed back at Sharp’s bid for an interlocutory appeal challenging whether a California federal court has jurisdiction over its claims that Hisense misrepresented the quality of Sharp-branded televisions, telling the court Tuesday that the attempted appeal is a move to harass the Chinese company that must be denied.

  • November 29, 2017

    AGs Back Pa.'s Suit Over Contraception Mandate Exemptions

    A coalition of attorneys general from states including Massachusetts, California and New York on Tuesday voiced support for an effort by their counterpart in Pennsylvania to block regulations recently announced by the Trump administration dialing back the Affordable Care Act’s contraception mandate by allowing employers to claim religious or moral objections.

  • November 29, 2017

    9th Circ. Says ESPN App User's Data Isn't Personal Info

    The Ninth Circuit on Wednesday ruled that although an ESPN app user claiming the sports network disclosed his private information to an analytics company had standing to sue, a lower court was right to toss his suit because the information was not personally identifiable under the Video Privacy Protection Act.

  • November 29, 2017

    Apple Says Qualcomm Violated Its Patents, Not Vice Versa

    Apple Inc. on Wednesday told a California federal court that Qualcomm Inc.’s Snapdragon mobile phone chips infringe eight Apple patents that preserve smartphone battery life, filing the counterclaims as a response to its rival’s suit alleging it infringed six Qualcomm patents.

  • November 29, 2017

    Feds, Tribes Urge Justices Not To Hear Salmon Culvert Case

    The federal government and a host of tribes have urged the U.S. Supreme Court to reject the state of Washington’s request that the high court hear its bid to overturn a Ninth Circuit decision ordering the state to replace hundreds of culverts to protect tribal salmon fishing rights.

  • November 29, 2017

    Winner Of 'Madoff' Defamation Case Fights For $38M

    A Los Angeles real estate investor who won a $38 million defamation award against a former business tenant who created websites comparing him to jailed Ponzi schemer Bernie Madoff asked the Ninth Circuit on Tuesday to overturn an Arizona federal court’s dismissal of his lawsuit against the tenant’s insurer.

  • November 29, 2017

    Revleap Co-Founder Fights Redo Bid In Yelp Suit

    Edward Herzstock and his company Revleap voiced their opposition Tuesday in California federal court to company co-founder Alec Farwell’s bid to help Yelp Inc. reopen a case alleging Revleap undermined Yelp by publishing fake positive reviews, saying Farwell is an unreliable party who embezzled funds from Revleap.

  • November 29, 2017

    Duane Morris Nabs Sedgwick's Ex-Employment Team In SF

    Duane Morris LLP has hired the employment practice group from the soon-to-be-defunct Sedgwick LLP to join its San Francisco office, in its first round of potential ex-Sedgwick lateral hires, Duane Morris said Tuesday.

  • November 29, 2017

    Calif. Dollar Tree Workers Get Cert. In Break, OT Suit

    A California federal judge on Tuesday certified a class of hundreds of Dollar Tree distribution center employees in California in litigation accusing the retailer of exploitative time clock, break and bonus policies that shortchange worker pay, saying the store’s arguments about the case’s merits aren’t applicable at this stage.

Expert Analysis

  • Investigating When A Complaining Employee Won’t Cooperate

    Ann Fromholz

    It happens more frequently than one might imagine: A complaining employee, who may be the only person who can provide the details of her complaints, refuses to be interviewed. Whatever the reason for the employee's refusal, the investigator then needs to determine whether and how to investigate without the complainant’s testimony, says Ann Fromholz of The Fromholz Firm.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Addressing Pay Equity In The US And Around The World

    Cynthia Jackson

    Even though the U.S. Equal Pay Act is over 50 years old, the U.S. census released in September still finds that women make 80.5 cents to the dollar that men make. Cynthia Jackson and Sarah Beeby of Dentons review recent legislation addressing pay inequity in the U.S. and globally, and discuss recommendations for employers confronting these developments.

  • Navigating The Pitfalls Of Civil Investigative Demands

    Chris Browning

    In U.S. v. Dish Network, currently on appeal to the Tenth Circuit, the district court awarded statutory damages of $280 million in favor of the U.S. and the four plaintiff states. Buried among the thousands of pages of interlocutory orders issued by the district court is a warning that should be heeded by all parties that are the subjects of governmental investigations, say attorneys with Troutman Sanders LLP.

  • Human Rights Compliance: Best Practices For Energy Cos.

    Viren Mascarenhas

    International human rights laws and norms are increasingly helping to shape how energy companies conduct business all over the world. Businesses in the energy sector need to undertake systematic human rights due diligence, starting from the senior leadership and working through all levels of the supply chain, say Viren Mascarenhas and Kayla Green of King & Spalding LLP.

  • Sham Affidavits In Medical Product Liability: Part 2

    James Beck

    When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • What To Know About New Calif. Job-Protected Parental Leave

    Benjamin Ebbink

    Last week California Gov. Jerry Brown signed Senate Bill 63 into law to provide up to 12 weeks of job-protected parental leave for employers with 20 or more employees. Signing of the bill follows previous unsuccessful efforts to extend job-protected leave to smaller employers not covered by the federal Family and Medical Leave Act or the California Family Rights Act, says Benjamin Ebbink of Fisher Phillips.

  • Sometimes It Pays To Litigate Against The CFPB

    Ryan Scarborough

    Companies' reluctance to litigate Consumer Financial Protection Bureau claims has allowed the bureau to establish a value for its claims based on what it can extract from companies seeking peace rather than what it can prove in a neutral federal forum. Several recent examples demonstrate that when a company has sound defenses, litigating can dramatically improve outcomes compared to settlement, say attorneys with Williams & Connolly LLP.

  • In California, Made-For-Outlet Products Are OK

    Jay Ramsey

    Many class actions have been filed against major retailers challenging the selling of products made only for an outlet or factory store, without disclosing them as such. But the California Court of Appeal recently upheld the lawfulness of this practice. The ruling may portend more courts taking a hard look at such claims, says Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.