• January 19, 2017

    Samsung Loses In-Box Arbitration Clause Bids At 9th Circ.

    Samsung cell phone buyers saw victories in two separate class actions in the Ninth Circuit on Thursday when a panel denied the tech giant’s bid to arbitrate claims based off a provision in an in-box warranty brochure, saying the consumers hadn’t given consent under California law.

  • January 19, 2017

    Calif. Justices OK New Med Mal Trial Despite Filing Error

    The California Supreme Court ruled in a widow’s medical malpractice case Thursday that her lateness in paying a court fee didn’t wrench the case out of the lower court’s jurisdiction, cementing an appeals court’s finding that she could have the new trial she’d been granted by the trial judge.

  • January 19, 2017

    Fox Can’t Dodge Netflix Counterfire In Exec Poaching Suit

    The California judge overseeing Twentieth Century Fox’s claims that Netflix improperly poached executives tentatively ruled on Thursday that Fox can’t dodge cross-claims that its employment agreements amount to “involuntary servitude,” rejecting arguments that Netflix’s countersuit targets conduct protected by the state’s anti-SLAPP law.

  • January 19, 2017

    Kasowitz Snags Ex-Morgan Lewis White Collar Pro In LA

    Kasowitz Benson Torres & Friedman LLP has hired a former Morgan Lewis & Bockius LLP white collar partner and federal prosecutor who has tried dozens of cases, including the wiretapping case against Hollywood private investigator Anthony Pellicano, the firm said Wednesday.

  • January 19, 2017

    Fitbit Still Can’t Shake Shareholder Suit

    A California federal judge on Thursday rejected Fitbit Inc.’s renewed bid to duck a proposed shareholder class action alleging the company hid problems with its fitness tracking technology and inflated its stock prices, saying the investors had shown enough to proceed.

  • January 19, 2017

    9th Circ. Urged To Uphold $1.4M Fee Award In Job Bias Row

    A California federal judge did not abuse his discretion by awarding $1.4 million in fees to the attorneys of a Mexico native who successfully argued that a job application question about whether he had ever used an invalid Social Security number negatively affected him, the man told the Ninth Circuit on Wednesday.

  • January 19, 2017

    Cintas Fire Owes $1.3M In Back Pay Over OT Violations

    Cintas Fire Protection Services, a California company, will pay more than $1.3 million in unpaid overtime wages, damages and penalties to 81 fire sprinkler installers and testers after a U.S. Department of Labor investigation found that it failed to pay them for time spent on clerical duties, the agency said on Wednesday.

  • January 19, 2017

    Judge Axes Roche TB Test Patent As Natural Phenomena

    A California federal judge has ruled that a tuberculosis test patent Roche Molecular Systems Inc. asserted against Cepheid is invalid for claiming only natural phenomena, and that Cepheid can challenge the patent even though its vice president is a named inventor.

  • January 19, 2017

    Snapchat Tax Move Signals UK’s Competitive Edge Against EU

    Snapchat owner's recent announcement it was rerouting some of its advertising revenue through London was short on details, but experts are speculating that the move undoubtedly comes with tax benefits as the U.K. prepares to compete against the European single market it is leaving behind.

  • January 19, 2017

    DLA’s 2005 Benefits Plan 'Galactically Stupid,' Judge Says

    A California federal judge drilled DLA Piper on its 2005 employee benefits plan that’s at the center of a former associate’s disability lawsuit, saying during a hearing Thursday on DLA’s motion to end the suit that the fact the plan didn't account for associate attorneys was "galactically stupid."

  • January 19, 2017

    Real Estate Rumors: LA Mansion, WRS, Endurance

    A spec mansion in L.A. is reportedly listed for a record $250 million, WRS Realty is said to be nearing a deal to pay $34.5 million for the Underground Atlanta mall and insurance company Endurance has reportedly leased 143,000 square feet in New York from Rockefeller.

  • January 19, 2017

    Russian Investor Asks 9th Circ. To Keep $116M Freeze In Place

    A Russian real estate investor who convinced a California federal judge to freeze $116 million of his former partner’s money urged the Ninth Circuit on Wednesday to keep the injunction in place, saying the former partner's had his say and there's nothing unprecedented or illegal about the asset freeze.

  • January 19, 2017

    High Court To Hear Dispute Over Plavix Users' Calif. Ties

    The U.S. Supreme Court agreed Thursday to take up Bristol-Myers Squibb Co.’s appeal of a California high court decision that allowed almost 600 out-of-state residents to sue the drugmaker over alleged injuries from blood-thinner Plavix because of the company’s ties to the state.

  • January 19, 2017

    Calif. Leads In Executing Clean Car Tech, Study Says

    California is leading the U.S. in greenhouse gas reduction and in implementing zero-emissions vehicle technologies, even surpassing the national standards put in place by the federal government, according to a report released Wednesday by the California Air Resources Board.

  • January 19, 2017

    Zico Coconut Water 'No Sugar' Claim Sparks Suit

    Zico Beverages LLC violated California consumer protection laws by labeling its 100 percent natural coconut water as containing “no added sugar” when the beverage in fact contains some, according to a proposed class action filed Wednesday in state court.

  • January 19, 2017

    Lab Vendor Urges 9th Circ. To Revive RICO Suit

    Diagnostic Laboratories is urging the Ninth Circuit to revive a Racketeer Influenced and Corrupt Organizations Act suit against the owners of health care vendor and bookkeeping company North American Health Care, arguing the district court wrongly defined what constitutes a continuous scheme.

  • January 19, 2017

    Tribal Group Asks 9th Circ. To Undo Gov't Highway Win

    The Gila River Indian Community on Wednesday filed an opening brief with the Ninth Circuit asking the appeals court to overturn a ruling that federal and state agencies took no shortcuts on environmental reviews when approving a Phoenix-area highway project, alleging the agencies violated the National Environmental Policy Act.

  • January 18, 2017

    Morissette's Manager Had Hand In Her Pocket, Stole $4.8M

    Alanis Morissette's former business manager has admitted to wire fraud, tax fraud and embezzling from his clients to the tune of $6.5 million, including $4.8 million from the singer-songwriter, the U.S. Attorney's Office for the Central District of California said Wednesday.

  • January 18, 2017

    Ex-JPMorgan Analyst Tipped Pals To Tech Deals, Jury Told

    Former J.P. Morgan Securities LLC analyst Ashish Aggarwal tipped two friends to a acquisition and another pending deal in a scheme that “cheated the market and lined their own pockets” with $600,000, a prosecutor told jurors Wednesday during opening statements in California federal court.

  • January 18, 2017

    Ikea Ruling Puts Stamp On Novel Post-Spokeo Strategy

    The Ninth Circuit on Friday backed an Ikea shopper's unorthodox argument that her ZIP code collection claims against the retailer should return to state court because she lacked standing to pursue them in federal court, giving ammunition to a class action litigation strategy many predicted would gain traction in light of the U.S. Supreme Court's Spokeo ruling.

Expert Analysis

  • Not What I Signed Up For: California’s New Autograph Law

    Daniel Fong

    A new California law requires a certificate of authenticity for all autographed items sold by dealers for over $5. Assemblywoman Ling Ling Chang addressed concerns over potential overreach by clarifying that the law was not meant to affect the autographed book and art market. However, courts are not bound to give any credence to those statements, say Daniel Fong and Robert Darwell of Sheppard Mullin Richter & Hampton LLP.

  • Limitation Act Of 1851 Still Relevant To Offshore Energy

    Andrew Stakelum

    From the Titanic to the Deepwater Horizon, an obscure federal law has been invoked after many maritime disasters to limit vessel owners' liability for losses stemming from conditions outside the owners' privity or knowledge. But in today's offshore energy industry, technology can place the owner and its management in the wheelhouse, on the cargo deck and on the rig floor, says Andrew Stakelum of King & Spalding LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Key Class Action Takeaways From Briseno V. ConAgra Foods

    Robert J. Herrington

    Unless reversed or modified, the Ninth Circuit's decision in Briseno v. ConAgra Foods means class action plaintiffs aren't required to establish an administratively feasible way to identify putative class members for class certification. But aside from that holding, the opinion addresses several other arguments often raised in class actions in ways that are mostly unhelpful for defendants, say attorneys at Greenberg Traurig LLP.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Retail Trends: Outlets As Destination Centers

    In this episode of Fashion Counsel, Arent Fox LLP partner Anthony Lupo and retail consultant Steve Birkhold (former CEO of Lacoste, Diesel, BEBE and Earl Jeans) discuss factory outlets — the nation’s fastest developing retail sector. Increasingly, outlets are “destination centers,” offering entertainment and amenities, not just retail stores. But they may raise special legal issues for participants.

  • Native American Cases To Watch In 2017

    Thomas F. Gede

    The current eight-member U.S. Supreme Court will examine two Native American cases early this year, and may hear additional cases following the confirmation of a ninth justice. Thomas Gede of Morgan Lewis & Bockius LLP discusses the most important cases to pay attention to, including Lewis v. Clarke and Lee v. Tam.