California

  • June 05, 2020

    $6.3M Verdict Reinstated In Botched Plastic Surgery Suit

    A California appellate panel has reinstated a $6.3 million jury verdict in a suit accusing a plastic surgeon of botching a woman's neck and face procedure, saying a lower court's post-trial determination that the suit was untimely was erroneous.

  • June 05, 2020

    PG&E's Share Terms For Fire Survivors Unfair, Judge Told

    Wildfire survivors on Friday urged a California federal judge overseeing Pacific Gas and Electric Co.'s $59 billion chapter 11 reorganization plan to ensure that they don't have to wait years to liquidate the PG&E stock in their wildfire liability settlement, saying PG&E can't give other shareholders better terms.

  • June 05, 2020

    Trump Powerless To Undo Obama's Drilling Ban, 9th Circ. Told

    A group of environmental organizations urged the Ninth Circuit on Friday to uphold a lower court's ruling that the Trump administration cannot reverse an Obama-era block on fossil fuel drilling in areas of the Arctic and Atlantic oceans, saying the statute former President Barack Obama acted under only allows Congress to reverse the ban.

  • June 05, 2020

    Calif. Gives Hollywood A Green Light To Restart Production

    California authorities announced on Friday that the state's entertainment industry can get up and running again by next week, laying out some basic guidelines for restarting production amid the ongoing COVID-19 pandemic.

  • June 05, 2020

    Looting To Test Limits Of Pot Dispensary Insurance Coverage

    After being targeted for looting amid nationwide protests against police brutality, marijuana dispensaries soon will be grappling with insurance coverage challenges unique to an industry that is illegal under federal law.

  • June 05, 2020

    Trucking Co. Must Face Trimmed Calif. Fixed-Fee Pay Dispute

    A California federal judge indicated Thursday that U.S. Xpress Enterprises Inc. must still face a pared down certified class action alleging it shorted truck drivers on minimum wages, saying there's enough proof that at least some drivers should've been paid for "off-duty" time.

  • June 05, 2020

    Google Can't Ditch Decade-Old Privacy Suit Under Spokeo

    A California federal judge on Friday refused to toss a decade-old proposed class action on remand from the U.S. Supreme Court that claims Google violated privacy statutes by sharing users' search terms with third parties, finding that the users have standing under Spokeo to pursue their claims.

  • June 05, 2020

    Calif. Court Greenlights Challenges To Travel Ban Waivers

    A California federal judge on Friday allowed a pair of lawsuits challenging the waiver process for the Trump administration's travel ban to plow forward, while once again cutting what he described as "virtually unchanged" claims that the process is unconstitutional.

  • June 05, 2020

    Calif. Trial To Decide Risk Of Fluoride In Drinking Water

    The U.S. Environmental Protection Agency will square off at trial Monday in California federal court against groups seeking to force the EPA to ban the addition of fluoride to drinking water, in a closely watched case that could affect nearly 200 million Americans who drink fluoridated water.

  • June 05, 2020

    Reese Witherspoon COVID-19 Dress Promo A Scam, Suit Says

    Reese Witherspoon promised free dresses to teachers who signed up with her clothing company, but after nearly a million handed over their personal information, the movie star offered only a 250-dress lottery, teachers said in a putative breach of contract class action removed to California federal court Thursday.

  • June 05, 2020

    Google, Others Warn Justices About Jury Setting FRAND Rate

    Google and other tech leaders have told the U.S. Supreme Court the Federal Circuit was wrong to find that a jury must determine what constitutes a reasonable royalty rate for Ericsson's standard-essential patents and that the ruling threatens the vital role judges play in resolving licensing disputes.

  • June 05, 2020

    Trio Of Life Science Cos. Raise Combined $660M In IPOs

    Three life science companies — Legend Biotech, Applied Molecular Transport and Calliditas Therapeutics — started trading Friday after raising a combined $660 million in initial public offerings.

  • June 05, 2020

    NCAA Athlete Case Part Of Social Justice Push, Atty Says

    A recent Ninth Circuit decision striking down NCAA rules limiting education-related benefits for athletes could pave the way for more substantial changes to college sports amid a broader push for racial "fairness and justice" in America, one of the lead attorneys in the case told Law360.

  • June 05, 2020

    As SEC's Reg BI Deadline Looms, Firms Face A 'Very Big Lift'

    With the compliance deadline for the U.S. Securities and Exchange Commission's Regulation Best Interest fast approaching on June 30, broker-dealers and those who advise them are gearing up for a slew of new requirements that attorneys acknowledge will be a "very big lift."

  • June 05, 2020

    Calif. Couple Ducks DMV School Monopoly Claims, For Now

    A married couple accused of creating hundreds of nearly identical online traffic schools in a bid to flush out rivals can't be accused of colluding to curb competition because they're husband and wife, a California federal court has ruled.

  • June 05, 2020

    The Week In Bankruptcy: Eyes On The New Normal

    The COVID-19 outbreak's effects on numerous industries continued over the last week as companies succumbed to the economic pressures of the pandemic.

  • June 05, 2020

    Customers Call Bunk On AT&T's New Docs In Throttle Suit

    Consumers in a class action accusing AT&T of misrepresenting unlimited cellphone data plans have shot back at the telecom's efforts to have the court recognize as fact hundreds of documents that the company says show consumers who bought those plans knew data speeds could be throttled.

  • June 05, 2020

    Kennedys Goes West With New San Francisco Office

    Seeking to extend its U.S. reach, U.K. firm Kennedys announced Friday it has opened its first West Coast office in San Francisco, staffed by a four-partner maritime team from Hinshaw & Culbertson LLP.

  • June 05, 2020

    Ex-Juul Worker Says 'Terrorizing' NDA Blocks Whistleblowing

    A former manager at Juul Labs Inc. has sued the electronic cigarette maker in California federal court, claiming the company uses the "terrorizing effect" of non-disclosure agreements to tamp down whistleblowing just like traditional cigarette companies have done in the past.

  • June 05, 2020

    Chinese Investors Urge 9th Circ. To Uphold Discovery Order

    Three investors ousted from a Chinese in vitro fertilization project who seek documents for a $20 million arbitration they initiated have told the Ninth Circuit that a U.S. law allowing federal courts to order discovery for certain foreign proceedings extends to private commercial arbitration abroad.

  • June 05, 2020

    Zoom's CLO Promoted To Company's 1st COO

    Zoom Video Communications Inc.'s chief legal officer is moving up in the company to become its first chief operating officer, according to a Thursday filing the videoconferencing company made with the U.S. Securities and Exchange Commission.

  • June 05, 2020

    Calif. Drivers Rip Uber's Bid To Trim Employment Status Suit

    A proposed class of Uber drivers said Thursday they've sufficiently backed up their consolidated suit alleging the ride-hailing giant flouted a California worker classification law by labeling them independent contractors to deny them proper wages, sick leave and expense reimbursements.

  • June 05, 2020

    Detainees Fight Prison Co.'s Bid To Undo Cert. In Labor Suit

    Detained immigrants accusing CoreCivic Inc. of violating labor laws have urged a California federal judge to reject the private prison giant's bid to overturn their class certification order, arguing that the company is trying to rehash old arguments that the court has already rejected.

  • June 05, 2020

    Cigna, Viant Want Out Of Behavioral Health Care Suit

    Cigna Behavioral Health Inc. and Viant Inc. are trying to shoot down a proposed class action in California federal court that accuses them of conspiring to cheat Cigna customers and health care providers out of full payment for out-of-network mental health and addiction treatment.

  • June 05, 2020

    Investors Sue Wells Fargo Over Wave Of PPP Litigation

    A proposed securities class action filed against Wells Fargo in California federal court Thursday accuses the banking giant of hiding its dishonest policy for administering federal Paycheck Protection Program loans for small businesses struggling during the COVID-19 pandemic, causing its stock price to drop twice in two weeks.

Expert Analysis

  • Health Litigation Trends To Watch Now And After COVID-19

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    COVID-19 presents a number of immediate challenges for health care providers and payers, as well as increased litigation related to standard-of-care issues, data breach risks and other concerns that will extend beyond the end of the pandemic, say attorneys at Manatt Phelps.

  • 9th Circ. Antitrust Ruling Radically Changes NCAA Sports

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    While a victory for student-athletes, the Ninth Circuit's recent finding that the NCAA violated the Sherman Antitrust Act by restricting grant-in-aid may give schools with wealthy athletic boosters a distinct advantage and make it difficult to maintain a level playing field, say attorneys at Segal McCambridge.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • Calif. Vapor Intrusion Guidance Promises More Consistency

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    The draft guidance on vapor intrusion released recently by a group of California environmental agencies should help address confusion resulting from varying approaches to vapor investigation and remediation used by different state regulators, says Laurie Berger at Environmental General Counsel.

  • Opinion

    Copyright Office Should Call For Further DMCA Rebalancing

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    By refusing to endorse a policy that would require websites to permanently ban certain content, the U.S. Copyright Office's recent Digital Millennium Copyright Act report, although laudable, does not go far enough to rebalance competing interests, say Doug Mirell and Josh Geller at Greenberg Glusker.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • And Now A Word From The Panel: Pandemic MDLs

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    While it is too soon to know whether the Judicial Panel on Multidistrict Litigation will receive any petitions related to the COVID-19 pandemic, there are lessons to be learned from looking back at the panel's experience with MDLs in the aftermath of past outbreaks, says Alan Rothman at Sidley.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • Calif. Extension Of Court Deadlines Rests On Shaky Ground

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    A California emergency rule tolling the statute of limitations for civil causes of action conflicts with statutes enacted by the Legislature, and could lead to litigation over the state Judicial Council's authority, say Mitchell Tilner and Andrea Russi at Horvitz & Levy.

  • How Licensing Affects Patent Damages Apportionment: Part 3

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    A key component of a successful damages theory based on prior licenses — as demonstrated in two recent federal trials — is support from a technical expert who can identify comparable agreements and offer a technology-based methodology for apportionment, say Laurie Stempler at Desmarais and Dominic Persechini at Intensity.

  • Virus Leave Poses Pay Calculation Issues For Public Agencies

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    Public agencies face hurdles and litigation risks in determining workers’ regular compensation rate for paid leave under the Families First Coronavirus Response Act, despite guidance from Ninth Circuit case law, say Elizabeth Arce and Jennifer Palagi at Liebert Cassidy.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

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