• June 22, 2017

    Drinker Biddle Says Ex-Atty Fired For ‘Mediocre’ Work

    Drinker Biddle & Reath LLP urged a California judge Thursday to toss the remaining claims in a $30 million suit over an ex-associate’s firing, arguing she was an at-will employee let go for “mediocre” work, not the victim of “stealth layoffs” as she claims.

  • June 22, 2017

    Another Sempra Gas Leak Investor Suit Is Tossed, For Now

    A California federal judge on Tuesday tossed allegations that Sempra Energy and subsidiary SoCalGas misled shareholders by hiding the strain facing their infrastructure ahead of the massive Aliso Canyon natural gas leak, saying investors had failed to show specific evidence of deception.

  • June 22, 2017

    Vineyard's $6M Wage Deal Nears OK With Cut Attys' Fees

    A California magistrate judge has recommended approving Giumarra Vineyards Corp.’s $6.1 million deal that would resolve a class action claiming the vineyard didn’t provide field workers with meal breaks or reimburse them for tools, but recommended reducing the requested attorneys’ fees from $2.15 million to $1.5 million.

  • June 22, 2017

    Employer's Atty Can Be Sued For Retaliation, 9th Circ. Says

    An immigrant can pursue retaliation claims against his former employer’s attorney, who arranged to get him deported for filing a wage-and-hour suit, the Ninth Circuit ruled in a published opinion Thursday.

  • June 22, 2017

    Cogent Communications Gets OK For $3M Class OT Deal

    A California federal judge on Thursday granted preliminary approval to Cogent Communications’ $3 million deal to end class action claims that the internet provider shorted the overtime payments of over 300 workers and purposely kept them in the dark about the state’s labor laws.

  • June 22, 2017

    Uber Must Give Driver Info To San Francisco Tax Office

    Uber Technologies Inc. must disclose driver information to the San Francisco tax collector in response to the city’s attempt to verify that drivers are securing business licenses in accordance with local law, a Superior Court judge said Thursday, while the company continues to voice privacy concerns.

  • June 22, 2017

    Cupcake Sushi Co. Sues Rival Over Dessert Patents

    The founder of a “unique confectionary dessert cake,” Cupcake Sushi, sued her rival, Sushi Sweets, in California federal court on Wednesday, claiming it infringed her patented creation after a pastry chef ran off with her recipes and other trade secrets and opened a new business behind her back.

  • June 22, 2017

    Ex-Uber CEO Knew Engineer Had Trade Secrets, Waymo Says

    Former Uber Technologies Inc. CEO Travis Kalanick knew last year that a then-engineer possessed trade secrets from Waymo LLC, Alphabet Inc.’s self-driving car unit said Wednesday while arguing that Uber must prove to a California federal court that it shouldn’t be held in contempt for its repeated failure to surrender the documents.

  • June 22, 2017

    Molycorp Trustee Looks For Approval Of $20.5M Buyout Bid

    Pointing to an auction result 17 times higher than the minimum cash offer, a trustee for bankrupt Molycorp Minerals LLC is urging a Delaware judge to approve the rare earth mine site’s $20.5 million sale to an investor group and set aside remaining objections.

  • June 22, 2017

    Activists Say Judge's Wife’s Facebook 'Likes' Support DQ

    Anti-abortion activists asked Thursday that U.S. District Judge William Orrick III be disqualified from a suit seeking to block their hidden-camera videos of abortion provider meetings, arguing he once sat on the board of an group that hosts a Planned Parenthood clinic and that his wife "liked" posts expressing pro-choice views on Facebook.

  • June 22, 2017

    Hogan Lovells Adds Another Ex-Weil M&A Pro In Silicon Valley

    Hogan Lovells has brought on another member of the Silicon Valley powerhouse transactions team it hired from Weil Gotshal & Manges LLP in April, adding a partner with experience representing technology and life sciences companies in U.S. and international mergers, acquisitions and other matters.

  • June 22, 2017

    9th Circ. Tosses Appeal Of Tribal Court's Immunity Ruling

    The Ninth Circuit declined Wednesday to revive a case challenging a Chippewa Cree tribal court’s dismissal of an injury lawsuit against the Montana tribe’s housing authority on the basis of tribal sovereign immunity.

  • June 22, 2017

    Purchasers Seek Cert. In Alere Blood Monitor Suit

    Consumers suing Alere Inc. over allegedly defective home blood-clot testing kits asked a California federal judge Wednesday for class certification in multiple states.

  • June 22, 2017

    9th Circ. Allows Sailors' $1B Fukushima Suit To Proceed

    The Ninth Circuit on Thursday upheld a lower court’s decision to allow sailors to pursue their $1 billion lawsuit against Tokyo Electric Power Co. over radiation injuries they allegedly suffered during their response to the 2011 Fukushima nuclear disaster.

  • June 22, 2017

    Mintz Levin Nabs Sedgwick Product Liability Litigators

    Mintz Levin Cohn Ferris Glovsky and Popeo PC has hired two Sedgwick LLP litigators specialized in product liability disputes in the life science industries to join the firm’s expanding Los Angeles office, Mintz Levin said Thursday.

  • June 22, 2017

    Calif. Appeals Court Orders Damages Redo In Water Rate Row

    A California appellate court on Wednesday said the Metropolitan Water District of Southern California can’t tack a rate designed to fund water conservation programs onto the rate it charges the San Diego County Water Authority for transporting water, saying a lower court has to recalculate damages awarded to the water authority.

  • June 21, 2017

    Sheppard Mullin Beats Fraud Claims Over $8.5M Judgment

    A California appellate panel on Tuesday tossed a fraud case against Sheppard Mullin Richter & Hampton LLP accusing the firm of helping a client shirk an $8.5 million judgment in what the court described as a “legal saga” dating back to 2004.

  • June 21, 2017

    FTC Obtains TRO To Halt DraftKings, FanDuel Merger

    The Federal Trade Commission secured a temporary restraining order against the proposed merger between DraftKings Inc. and FanDuel Inc. on Tuesday after raising concerns about the deal’s potential to create a “near-monopoly.”

  • June 21, 2017

    LA Times Ex-Publisher, Editor Dodge Fired Cartoonist’s Suit

    A California judge on Wednesday dismissed a former Los Angeles Times publisher and three staffers from a fired cartoonist’s defamation suit, siding with the newspaper’s assertion that published pieces alleging inconsistencies in how the artist described a police encounter aren’t actionable under the First Amendment and state law.

  • June 21, 2017

    Korean Ramen Cos. Seek End To Price-Fixing Class Action

    Two Korean ramen noodle companies asked a California federal judge Wednesday to toss a class action accusing them of participating in a price-fixing scheme, saying they weren’t involved in a conspiracy and that even if they were, the conduct only affected prices in Korea, not the U.S.

Expert Analysis

  • DuPont Ruling And Trade Secret Enforcement Under Trump

    Joseph Fazioli

    In DuPont, the Ninth Circuit recently affirmed the first federal jury conviction for charges arising under the Economic Espionage Act and potentially catalyzed more aggressive economic espionage and trade secret enforcement, say Joseph Fazioli and James Bobseine of Dechert LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    With the conclusion of this U.S. Supreme Court term just around the corner, the guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Shrinking Doctrine Of Specific Personal Jurisdiction

    Grant Esposito

    The U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California reaffirmed a causation requirement between a plaintiff’s claims and the defendant’s in-state conduct. After this ruling, the test for specific personal jurisdiction is simple: File suit where the defendant did something significant that caused the claim to arise, say attorneys with Morrison & Foerster LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Tough Times For Forum Shoppers

    Lawrence Ebner

    A trio of rulings from the U.S. Supreme Court has made this a difficult spring for forum-shopping lawyers. TC Heartland, BNSF Railway and now Bristol-Myers Squibb have enforced limits on exercise of personal jurisdiction over corporate defendants, sending an unmistakable message to lower courts, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Calif. Considers 'Don’t Ask, Must Tell' Pay History Bill

    James Nelson

    If enacted, California's AB 168 will prohibit employers from asking about prior salary history and allow applicants to ask the prospective employer to disclose the pay scale for the position. From a compliance perspective, ceasing to ask about salary history is easy, but the impact on employer decision-making is more complicated, says James Nelson of Greenberg Traurig LLP.

  • Resh Exposes Defendants To Serial Class Cert. Relitigation

    Peter Hawkes

    The Ninth Circuit’s decision in Resh v. China Agritech opens the door to the possibility of serial, successive attempts to certify a class in securities and other cases, potentially exposing defendants to an almost never-ending series of class actions, says Peter Hawkes of Lane Powell PC.

  • A Guide To Workplace Harassment Law Compliance In Calif.

    Shirin Forootan

    About one year after the California Department of Fair Employment and Housing issued a number of new and wide-ranging regulations, it recently issued specific guidance on employer practices for preventing and addressing workplace harassment. Shirin Forootan of Call & Jensen examines the steps all California employers must take to prevent and correct harassment according to the new guidance.

  • WrkRiot: Rite Of Passage Or Federal Offense?

    Casey O’Neill

    The U.S. Department of Justice recently arrested Isaac Choi, founder and former chief executive of the Silicon Valley startup WrkRiot, on wire fraud charges. The situation has lessons to teach about the evolving landscape of criminal investigation and prosecution in the startup environment, say Casey O’Neill and Hanley Chew of Fenwick & West LLP.

  • How Hamilton Meats Has Shaped Calif. Economic Damages

    Robert Tyson Jr.

    Since the California Supreme Court's 2011 ruling in Howell v. Hamilton Meats, the case has significantly shaped the litigation landscape, including many high-profile opinions and jury verdicts in its aftermath. It also has significant implications for the Affordable Care Act and plaintiffs’ litigation strategy, says Robert Tyson Jr. of Tyson & Mendes LLP.