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California

  • June 18, 2018

    High Court Rejects AT&T Data-Usage Arbitration Dispute

    The U.S. Supreme Court said Monday that it will not review a Ninth Circuit decision refusing to release a proposed class of AT&T wireless customers from arbitration of their claims that the company lied about its unlimited mobile data plan.

  • June 18, 2018

    High Court To Hear Apple's Appeal In Monopoly Case

    The U.S. Supreme Court on Monday took up Apple Inc.’s bid to quash a proposed consumer class action claiming the technology giant illegally monopolized the iPhone app market, a little more than month after the Trump administration threw its weight behind the tech giant's request.

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    Fitbit Abuses Arbitration To Skip All Claims, Consumers Say

    Fitbit Inc. abused its own arbitration clause to avoid ever facing claims from consumers about problems with its heart-monitoring watches, the consumers’ attorneys told a California federal judge Friday, saying the company refused to participate in the arbitration it had requested for two years.

  • June 15, 2018

    Verizon Users Vie To Keep ‘Zombie Cookies’ Suit Alive

    Verizon subscribers have urged a California federal court to let them move forward with their proposed class action alleging online marketer Turn Inc. used “zombie cookies” to track their mobile device browsing habits, saying that the company’s technology violated their privacy rights.

  • June 15, 2018

    Drivers' Attys In Axed Uber Data Hack Suit Ask For Fees

    Attorneys for drivers accusing Uber of lying about a 2014 data breach that compromised personal information asked a California federal judge on Friday for $400,000 in fees — even though the court rejected the proposed class action in May.

  • June 15, 2018

    EPA Can’t Trash Enviros’ Pesticide Suit, Judge Says

    The U.S. Environmental Protection Agency can’t nix allegations it failed to investigate the effect of more than 2,000 pesticide products on endangered species, a California federal judge said Friday, but he added that, down the line, environmentalists need to do a “much better job” of linking animals to the chemicals purportedly threatening them.

  • June 15, 2018

    10 Firms To Steer Biotech-Heavy IPO Lineup Exceeding $1B

    Ten firms are slated to guide 10 initial public offerings projected to raise about $1.3 billion during the week of June 18, representing a lineup dominated by biotechnology issuers plus a real estate investment trust as IPO season hits a busy stretch before the July 4 holiday.

  • June 15, 2018

    9th Circ. Sends Rick Ross' TM Win Back To Lower Court

    A Ninth Circuit panel on Friday reversed a lower court's finding that invalidated a Los Angeles hip-hop artist’s "mastermind" trademark in his infringement case against Grammy-nominated rapper Rick Ross and three record labels, ruling there’s not enough evidence to conclude the mark can’t be protected.

  • June 15, 2018

    BALCA Denies Qualcomm's Bid To Certify Engineer Position

    The Board of Alien Labor Certification Appeals on Thursday affirmed the denial of a labor certification bid by Qualcomm for an engineer position in California, determining that the company’s alternate requirements of education and experience for the job were too different from its primary requirements.

  • June 15, 2018

    Seagate Buyers Must Carve Up Class Cert. Bid, Judge Says

    Seagate customers seeking class certification on claims the hardware maker sold faulty hard drives need to divide their request into subclasses, a California federal judge said Friday, explaining there was too much variability in failure rates of different hard drives to lump all claims into one class.

  • June 15, 2018

    Corp. Counsel Group Backs Mining Co. In $207M Tax Row

    The Association of Corporate Counsel urged a California federal court to consider communication privileges Thursday, backing Canadian mining company Silver Wheaton Corp. in a class action brought by investors over the company’s alleged scheme to keep $207 million in transfer pricing tax liability secret to boost stock prices.

  • June 15, 2018

    NCAA Expert May Get To Rebut Athletes In Pay Cap Case

    A California federal judge Thursday said she may allow the NCAA to put on an expert, after all, to rebut a challenge to an association rule capping compensation for college athletes.

  • June 15, 2018

    Former Visa Atty Rejoins White & Case In Silicon Valley

    White & Case LLP has announced that a former vice president and associate general counsel at Visa Inc. has joined its Silicon Valley office as partner, bringing deep experience in intellectual property and tech-related matters to the firm’s technology transactions and global mergers and acquisitions practices.

  • June 15, 2018

    Airbnb Loses Free Speech Challenge To Rental Ordinance

    A California federal judge on Thursday echoed his previous ruling against Airbnb Inc. and HomeAway.com Inc. in dismissing the case and constitutional challenges to a Santa Monica city ordinance that bans unregistered short-term rentals.

  • June 15, 2018

    Paint Supplier Accused Of Forming A Monopoly In Calif.

    A San Francisco Bay Area paint distributor hit FinishMaster Inc. with a lawsuit in California federal court Thursday, accusing the automotive and industrial paint finishing supplier of using its market power to tout six-figure customer loyalty discounts that stifled competition.

Expert Analysis

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • Insights From State AG Coordinated Opioid Investigation

    Richard Lawson

    Much ink has been and will be spilled over the merits and complexities of the lawsuits brought against opioid manufacturers by 23 state attorneys general. However, for any company engaged in a consumer-facing industry, the progress of the recent multistate investigation offers lessons on what to expect when subject to this type of inquiry, says Richard Lawson of Manatt Phelps & Phillips LLP.

  • China Agritech May Have Limited Practical Effect

    Noelle Reed

    While the U.S. Supreme Court's decision in China Agritech v. Resh is clearly a win for class action defendants, one might fairly question how broad an application the decision itself may have. Its real significance likely lies in what it conveys when viewed together with the court’s other recent decisions restricting both equitable tolling and class actions, say Noelle Reed and Austin Winniford of Skadden Arps Slate Meagher & Flom LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • DEA Hemp Rule Is Safe For Now, But That May Change

    Joshua Mandell

    The Ninth Circuit recently rejected an industry challenge to a U.S. Drug Enforcement Administration rule classifying cannabidiol medicines as Schedule 1 drugs. This decision might chill the CBD boom taking place around the country, but could also spur action at the federal level that would supersede the DEA's rule, say attorneys at Akerman LLP.

  • One Size Doesn't Fit All Product Labeling Class Actions

    Jon Tomlin

    Recent product labeling class actions centering on Starbucks coffee, Tito's Vodka, 5-Hour Energy and other products differ substantially from each other in their claims and the products involved. The fundamental economic differences between these cases mean that cookie-cutter methods are not likely to yield reliable measures of classwide damages, says Jon Tomlin of Navigant Consulting Inc.

  • Options For Failing Marijuana Cos. And Their Creditors

    Brett Theisen

    In the marijuana industry, there is ambiguity surrounding failing businesses because the product remains illegal under federal law. Brett Theisen of Gibbons PC identifies the credit risks associated with lending to, or working with, a marijuana business and highlights key state law solutions for both debtors and creditors.

  • 5 Takeaways From Tax Court's Solar Project Ruling

    David Burton

    In the matter of Golan v. Commissioner of Internal Revenue, the U.S. Tax Court sustained the taxpayer's energy credit and bonus depreciation deductions. In this unusual case where the IRS had the burden of proof, attorneys from Mayer Brown LLP discuss five interesting takeaways.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Preparing For New Calif. Hotel Housekeeper Regs

    Larry Eppley

    The California Occupational Safety and Health Administration's new workplace safety regulations for hotel housekeepers take effect on July 1. Hospitality employers with multiple hotels in the state should note that a one-size-fits-all program may not suffice, as the regulations require an individual evaluation of each work site, say Larry Eppley and Shawn Fabian of Sheppard Mullin Richter & Hampton LLP.