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California

  • October 10, 2018

    GM Hid Knowledge Of Faulty Brakes In Some Cars, Suit Says

    A California couple Tuesday filed a putative class action in a California federal court alleging General Motors knowingly sold Cadillacs, Chevrolets and GMC SUVs and pickups with dangerously defective brakes.

  • October 10, 2018

    Calif. High Court OKs New Judiciary Ethics Rules

    California's Supreme Court updated its judicial ethics code on Wednesday with a series of amendments that, among other changes, prohibit discrimination based on gender and expression, address when and how judges should use social media, and allow judges to accept small gifts from nonattorneys. 

  • October 10, 2018

    Settlement In Family Separations Case Tentatively Approved

    A California federal judge on Tuesday approved a preliminary settlement between the Trump administration and immigrants in three companion cases challenging family separations in detention, finding that the proposal appeared fair at the current stage of the litigation.

  • October 10, 2018

    Trump Crackdown May Cool Tech Deals, Sophos GC Says

    Security software company Sophos Group PLC’s general counsel on Wednesday warned attorneys at DLA Piper’s technology conference in Silicon Valley of the impacts of new Trump-era rules governing international tech transactions, saying completing those deals may take longer, be more costly and might not happen.

  • October 10, 2018

    Feds Want 9th Circ. To Reverse Pause Of DACA Notice Ruling

    The Trump administration on Tuesday urged the Ninth Circuit to reverse a California federal court’s order that temporarily barred the federal government from removing from the Deferred Action for Childhood Arrivals program any class member in the case without first giving them notice and a chance to respond.

  • October 10, 2018

    Duane Morris Adds Trade Secrets Buff From Knobbe Martens

    Duane Morris LLP added a Knobbe Martens intellectual property veteran with a wide range of experience and expertise in trade secret matters as a partner to its San Diego office, the firm announced.

  • October 10, 2018

    LeClairRyan Adds Cybersecurity-Focused Atty From SF Fed

    LeClairRyan has brought on an attorney from the Federal Reserve Bank of San Francisco who specializes in privacy, data security, financial services and white collar matters and litigation, the firm announced Tuesday.

  • October 10, 2018

    NCAA Sanction Of Former Coach Declared Invalid In Calif.

    A California state judge has declared that the show-cause provision of NCAA bylaws is not legal in the state, finding the association's sanction against former University of Southern California assistant football coach Todd McNair runs afoul of state law prohibiting contract provisions that restrict lawful employment.

  • October 10, 2018

    9th Circ. Must Revisit Escobar Ruling, Art School Says

    A California art school on Tuesday scorched the Ninth Circuit’s recent ruling that False Claims Act liability may exist if government officials “care” that regulations were violated, saying the ruling flouted the U.S. Supreme Court’s Escobar decision and must be revisited. 

  • October 10, 2018

    12 Firms Vying To Lead 9 Tesla Take-Private Tweet Suits

    Twelve law firms submitted bids in California federal court on Tuesday asking that nine securities class actions — filed against Tesla Inc. and CEO Elon Musk over his tweets about taking the company private — be consolidated and to be appointed as lead counsel.

  • October 10, 2018

    Ogletree Says Atty Ignored Chance To Opt Out Of Arbitration

    Ogletree Deakins Nash Smoak & Stewart PC on Tuesday pushed back against a former shareholder's argument in her gender bias suit that an arbitration agreement she claims she never consented to should be set aside, saying she was given the chance to opt out but did not do so before the deadline.

  • October 10, 2018

    Altera Didn't Challenge IRS Rule Too Late, 9th Circ. Told

    Altera Corp. and the IRS have told the Ninth Circuit that a six-year window for challenges under the Administrative Procedure Act doesn’t bar the chipmaker’s suit over the agency’s cost-sharing rules because tax regulations can’t be disputed before they’ve been enforced.  

  • October 10, 2018

    BofA Workers Want Approval Of $11M Mileage Expense Deal

    About 1,900 Bank of America NA workers have asked a California federal judge to give preliminary approval to an $11 million deal settling claims that the bank failed to reimburse loan officers for use of their personal vehicles, saying the deal balanced the risk of going to trial given the lack of mileage records.

  • October 10, 2018

    Venture-Backed Software Co. Anaplan Steps Up IPO Range

    Venture-backed cloud software provider Anaplan Inc. bumped up the target for its initial public offering Wednesday, looking to raise $248 million at midpoint after initially setting its midrange goal at $217 million less than two weeks ago.

  • October 10, 2018

    Fenwick, Kirkland Steer $2.1B Imperva Take-Private Deal

    Cybersecurity firm Imperva Inc. said Wednesday it will go private in a $2.1 billion deal with technology focused investment firm Thoma Bravo LLC, with Fenwick & West LLP guiding the seller and Kirkland & Ellis LLP representing the buyer.

  • October 10, 2018

    Easton Can't Dodge Bulk Of Bat Labeling Class Action

    Easton Diamond Sports LLC has whiffed on its bid to exit a proposed class action alleging it mislabels the weights of its expensive youth baseball bats, after a California federal court tossed a few of the suit’s claims but allowed the meat of it to go forward.

  • October 10, 2018

    Man Who Sold Bank Info To Russian Trolls To Serve 6 Mos.

    A California man who pled guilty to selling stolen bank account information later used by Russian online trolls to arrange payments related to an alleged influence campaign intended to tip the 2016 election toward President Donald Trump was sentenced in D.C. federal court Wednesday to six months in prison.

  • October 9, 2018

    ICOs Are Coming Of Age, Say DLA Piper, Deloitte Experts

    While some may still fear it's a fickle fad, the market for initial coin offerings is maturing and becoming more structured, financial technology and legal experts said Tuesday at a Silicon Valley conference hosted by DLA Piper.

  • October 9, 2018

    Credit Card Processing Co.’s $7.5M TCPA Deal Needs Work

    A California federal judge on Tuesday refused to preliminarily approve Total Merchant Services Inc.’s $7.5 million deal to resolve putative class allegations that the credit card processor was behind more than 235,000 telemarketing calls that violated the Telephone Consumer Protection Act, saying the settlement has “a number of problems.”

  • October 9, 2018

    Judge Won't DQ FordHarrison From Kraft Heinz Wage Row

    A California federal judge on Tuesday refused to disqualify FordHarrison LLP from representing Kraft Heinz Foods Co. in a class action accusing it of various California labor law violations, saying one of the firm's partners obtained written consent as he was required to do before representing two potential class members at a deposition.

Expert Analysis

  • 9th Circ. Adds To Growing Consensus On Escobar FCA Test

    Gejaa Gobena

    The Ninth Circuit’s decision last week in U.S. v. Stephens Institute solidifies the emerging view that the only way to prove implied false certification liability under the False Claims Act is by specifically showing the two prerequisites mentioned by the U.S. Supreme Court in Escobar, say attorneys with Hogan Lovells.

  • Cloudy With A Chance Of Price Gouging

    Richard Lawson

    After California Gov. Jerry Brown recently declared a state of emergency in several California counties due to fires in the area, the state attorney general issued a reminder that price gouging during this time is illegal under state law. However, price gouging statutes related to states of emergency are not limited to fires or California, say Richard Lawson and Shoshana Speiser of Manatt Phelps & Phillips LLP.

  • Plaintiffs May Be Hard-Pressed In New Olive Oil Cases

    Claudia Vetesi_

    This month, two lawsuits were filed in a California federal court against Transnational Foods Inc. and J.M. Smucker Co., alleging that certain products were misleadingly labeled as extra virgin olive oil when test results showed that the products were something else. But the complaints do not provide the test results or identify any applicable standards, say attorneys with Morrison & Foerster LLP.

  • Treasury Limits State Plans To Fight SALT Deduction Cap

    Radha Mohan

    Newly proposed regulations from the U.S. Department of the Treasury and the IRS provide clarification on the relationship between the federal charitable contribution deduction, the availability of corresponding state or local tax credits and deductions, and the recently enacted SALT cap, say Radha Mohan and Harold Hancock of Brownstein Hyatt Farber Schreck LLP.

  • An Unclear Path For Defending Calif. Wage-And-Hour Claims

    Brandon Takahashi

    The California Supreme Court's recent decision in Troester — holding that Starbucks must pay employees for time spent on off-the-clock tasks — is already affecting state wage and hour class actions. One example is a California federal court's recent decision to partially grant class certification in Ser Lao v. H&M, say Brandon Takahashi and Brian Noh of Hinshaw & Culbertson LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Why Lead Paint Litigation May Go To The Supreme Court

    Catherine Connors

    The U.S. Supreme Court has been asked to review ConAgra Grocery Products Co. and NL Industries v. People of California, a case that concerns whether companies that manufactured lead paint long ago can still be held liable for creating a public nuisance — and there's a decent chance cert will be granted, says Catherine Connors of Pierce Atwood LLP.

  • Opinion

    EA Victory Over Ex-NFL Players Should Be Reversed

    Ronald Katz

    A California federal judge's recent decision to deny the retired NFL players' motion for class certification in the Electronic Arts right of publicity case not only misconstrues Ninth Circuit law, but also ignores the very nature of a "historic" team, says ​​​​​​​Ronald Katz of GCA Law Partners LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • 5 E-Discovery Hurdles For Government Agencies

    Amy Hilbert

    Electronic discovery is a challenging process for even the most experienced law firms and corporations, but the challenges faced by government agencies may be even more daunting, says Amy Hilbert of Casepoint LLC.