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  • January 9, 2019

    NYC's PTO Plan Highlights Pro-Worker Push By Cities, States

    New York City’s mayor said Wednesday he will pursue legislation requiring many businesses to give workers two weeks of paid time off, and California’s governor may soon float a plan to give new parents six months of paid family leave — proposals that would rank among the nation’s most generous for workers.

  • January 9, 2019

    Fannie Mae Not A Reporting Agency Under FCRA: 9th Circ.

    Fannie Mae isn't a "consumer reporting agency" as defined by the Fair Credit Reporting Act, meaning it can't be held liable under the statute for inaccurate information generated by a computer program it licenses to mortgage lenders, a divided Ninth Circuit panel ruled Wednesday.

  • January 9, 2019

    Doc, Manager Must Pay $15.5M For Alleged EB-5 Scheme

    A California federal court on Tuesday ordered a doctor, his office manager and affiliated businesses to fork over more than $15.5 million to the U.S. Securities and Exchange Commission for allegedly misappropriating funds through an EB-5 visa scam.

  • January 9, 2019

    Coffee Co. Must Pay $2.4M To Marley Family In TM Fight

    The Ninth Circuit on Wednesday ordered a coffee company to pay $2.4 million in damages to companies connected to late reggae artist Bob Marley for continuing to sell Marley-branded java after a trademark license agreement between the companies was terminated.

  • January 9, 2019

    Mortgage Lender's Arbitration Agreement Stands In Wage Row

    A California appellate court has reversed a lower court decision denying a retail mortgage lender’s bid to force a former employee to arbitrate individual claims made in his wage-and-hour suit, finding an arbitration agreement in place was mostly up to snuff except for a section that should be severed.

  • January 9, 2019

    Justices Wary Of Calif. Tax Board's Sovereign Immunity Claim

    U.S. Supreme Court justices struggled Wednesday to find the constitutional basis for a huge California tax agency’s arguments that the framers meant to forbid one state from hauling another into its courts, and that they should overturn precedent to reflect this.

  • January 9, 2019

    Ailes' Alleged Victim Seeks $750M For Showtime's Portrayal

    A former Fox News bigwig is suing Showtime for its portrayal of her in an upcoming drama about the late CEO Roger Ailes, saying in her $750 million suit in California state court Tuesday that despite having been his victim, the show will depict her as an Ailes collaborator.

  • January 9, 2019

    9th Circ. Upholds Law Barring Guns For Some Immigrants

    The Ninth Circuit on Tuesday punted on the broad question of whether unauthorized immigrants are protected under the Second Amendment’s right to bear arms, agreeing with a sister appellate court that the question is “large and complicated” as it nevertheless upheld a specific federal law that prohibits the individuals from possessing guns.

  • January 9, 2019

    Dem Climate Bill Would Set 100% Renewable Energy Target

    Two Democratic congressmen from California on Wednesday unveiled climate change legislation that would mandate steep cuts in greenhouse gas emissions and create a national renewable portfolio standard by requiring 100 percent of U.S. electricity sales to come from renewable sources by 2035.

  • January 9, 2019

    Uber Scoffs At 'Nonsensical' Arguments In Fund's Fraud Suit

    Uber told a California federal judge Tuesday that a Texas-based retirement fund's amended proposed class action contains overblown claims the ride-hailing giant and its ex-CEO duped investors about the extent of purported illicit business tactics, corporate bullying, institutionalized harassment and rampant flouting of the law.

  • January 9, 2019

    Alsup Wants 'Bone-Crushing' Discovery Into Facebook Breach

    U.S. District Judge William Alsup repeatedly warned Facebook Inc.'s attorneys during a hearing Wednesday that he will allow Facebook users "bone-crushing" discovery in lawsuits over Facebook's data breach that exposed 50 million accounts, saying he's sympathetic to users' concerns and that's worth "real money" — not just "some cosmetic injunctive relief."

  • January 9, 2019

    Fuel Group Asks High Court To Review Ore. Low-Carbon Plan

    A fuel industry group has urged the U.S. Supreme Court to review the Ninth Circuit's decision upholding Oregon low-carbon fuel standards that the group claims unconstitutionally discriminate against out-of-state fuels, arguing the ruling squarely conflicts with high court precedent and creates a circuit split.

  • January 9, 2019

    Real Estate Investment Firm Carmel Clinches $1.28B Fund

    Real estate investment firm Carmel Partners Inc. on Wednesday said it has closed its largest fund to date after collecting $1.28 billion from limited partners for a multifamily investment vehicle that will focus on major U.S. markets.

  • January 8, 2019

    Intel Exec Slams Qualcomm's 'Very Unfair' Biz Model At Trial

    Intel Corp.'s chief strategy officer ripped into Qualcomm's "very unfair" business model Tuesday on day three of a California federal bench trial over the Federal Trade Commission's antitrust allegations, testifying that the chipmaker demands patent royalties from all device makers, even if they use competitors' chips, which undercuts competition.

  • January 8, 2019

    'Duck Dynasty' Creators' Suit Against ITV Studios Trimmed

    A California appeals court took a machete Monday to the "Duck Dynasty" creators' complaint against the British production company that bought up most of their operation for $40 million and then balked at working with them, tossing numerous paragraphs pursuant to an anti-Strategic Lawsuit Against Public Participation motion the appeals court said was wrongly denied.

  • January 8, 2019

    Uber Looks To Kick Quinn Out Of Ex-Rival's Antitrust Suit

    A defunct ride-hailing startup that recently accused Uber of driving it out of business shouldn’t have lawyers from Quinn Emanuel Urquhart & Sullivan LLP on its legal team because the firm has counseled Uber in a string of related cases, Uber told a California federal court Monday.

  • January 8, 2019

    Sporting Goods Co. Tries To Undo Asbestos Coverage Ruling

    Sporting goods maker Outdoor Sports Gear Inc. on Monday urged the Ninth Circuit to reverse a district court ruling that saddled it with costs for homeowners’ asbestos-related claims, arguing that the lower court should not have departed from a previous order in a coverage fight with the company’s buyer.

  • January 8, 2019

    Cooley Nabs Ex-FCC Privacy, Telecom Pro From Boies Schiller

    Cooley LLP has picked up a Boies Schiller Flexner LLP partner with significant cybersecurity, privacy and telecom litigation and policy experience garnered through his work spearheading enforcement activities at the Federal Communications Commission and the California attorney general's office.

  • January 8, 2019

    Climate Policy Will Be A Heavy Lift For New Calif. Gov.

    When Gavin Newsom became the 40th governor of California on Monday, he inherited arguably the most aggressive long-term plans to tackle climate change in the U.S., and Golden State watchers say his administration must clear several regulatory, legislative and practical hurdles to put those plans into action.

  • January 8, 2019

    Calif. Tribes Sue State Over 'Bad Faith' Gaming Talks

    Three federally recognized Indian tribes have filed suit against the state of California, claiming it conducted “bad faith” negotiations for new gaming compacts when insisting they include stipulations on unrelated subjects, such as enforcement of state court spousal orders and child support orders.

Expert Analysis

  • Post-Teva Expert Disclosure Trends In 2 Patent-Rich Districts

    Ken Fung

    Local patent rules in the Eastern District of Texas and Northern District of California don’t squarely address the issue of what must be disclosed during claim-construction discovery in order to rely on expert declarations. But thanks to the corpus of post-Teva decisions a clearer picture has emerged, says Ken Fung of Fisch Sigler LLP.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Calif. Privacy Act Will Increase Data Breach Liability

    Grant Davis-Denny

    The California Consumer Privacy Act's statutory damages provision will likely generate significant litigation and require courts to weigh in on various aspects of this important new remedy, say Grant Davis-Denny and Alex Gorin of Munger Tolles & Olson LLP.

  • Taxpayers Should Note These 2 Items From Calif. Tax Regs

    Eric Coffill

    A “second adopt notice,” issued Nov. 27, is the latest step in the transition of California tax programs to the jurisdiction of the California Department of Tax and Fee Administration. Two major items of interest in the notice involve new appeals procedures, says Eric Cofill of Pillsbury Winthrop Shaw Pittman LLP.

  • Class Cert. Evidence Standard Likely Headed To High Court

    Thomas Richie

    With circuit courts irreconcilably split on expert testimony at the class certification stage, the Ninth Circuit’s recent decision not to reconsider Sali v. Corona Regional Medical Center all but guarantees the issue will soon reach the U.S. Supreme Court, say Thomas Richie and John Goodman of Bradley Arant Boult Cummings LLP.

  • Blockvest Ruling Reminds Token Issuers To Push Back

    Michael Dicke

    Digital token issuers caught up in the onslaught of U.S. Securities and Exchange Commission investigations finally received some good news last month regarding token sales’ exposure to federal securities laws. The decision in SEC v. Blockvest is encouraging for a few reasons, say Michael Dicke and Eric Young of Fenwick & West LLP.

  • A Closer Look At New Calif. Pension Fund Climate Law

    Kristie Blase

    Landmark California legislation going into effect in January requires the two largest pension funds in the U.S. to publicly report on their climate-related financial risks, which should result in more widespread adoption of financial disclosure recommendations from the Financial Stability Board, say attorneys with CKR Law LLP.

  • Property And Casualty Insurers Face A Genomics Revolution

    David Schwartz

    Plaintiffs attorneys are winning big in civil litigation by invoking genomic susceptibility arguments, and trends suggest that property and casualty insurers will face more and larger claims as a result. But genomic data can assist both plaintiffs and defendants, say David Schwartz of Innovative Science Solutions and William Wilt of Assured Research.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.