A California federal judge on Thursday preliminarily approved Walmart Inc.’s revised $65 million settlement that would resolve a Private Attorneys General Act lawsuit alleging the retail giant violated California's suitable seating statute by failing to provide cashiers with seats, according to the court docket.
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TOP NEWS

Walmart's Revised $65M PAGA Seating Deal Gets Green Light

A California federal judge on Thursday preliminarily approved Walmart Inc.’s revised $65 million settlement that would resolve a Private Attorneys General Act lawsuit alleging the retail giant violated California's suitable seating statute by failing to provide cashiers with seats, according to the court docket. Read full article »

Facebook Health Site Tracking Legal, 9th Circ. Says

A Ninth Circuit panel has found that a lower court rightly dismissed a suit brought by Facebook users who claimed the company illegally scraped data about their visits to medical websites, finding the users consented to the tracking by agreeing to Facebook's privacy policy. Read full article »

Tara Reid Wants $100M Bite Out Of 'Sharknado' Merchandise

Actress Tara Reid wants the producers of the "Sharknado" science-fiction films to shell out $100 million for allegedly using her face on "Sharknado"-branded slot machines and beer cans without her permission, according to a lawsuit filed in California federal court. Read full article »

Live Nation, Ticketmaster Settle ADA Suit Over 49ers' Stadium

San Francisco 49ers fans leading a class action in California federal court alleging the team's stadium does not meet Americans with Disabilities Act standards have settled their claims against Ticketmaster and Live Nation after three months of arbitration. Read full article »

Amazon Wage Suit Survives, But Class Claims Are Nixed

A California federal judge ruled that Amazon.com LLC must face the bulk of a delivery driver’s suit alleging that the company flouted state labor laws by shorting her on wages and breaks, but struck her class claims from the suit with leave to amend. Read full article »

SERIES SPOTLIGHT

Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers. Read full article »

LEGAL ETHICS & MALPRACTICE

Atty Asks To Stay In NFL Suit Despite Disciplinary Charges

A California attorney has asked the Ninth Circuit to allow him to continue representing a former NFL cheerleader in her proposed class action against the league despite the fact that a judge with the state bar court has recommended that he be disbarred for exploiting an elderly client and his license has been listed as inactive. Read full article »

POLICY & REGULATION

Amazon Cuts Deal With Calif. DAs Banning Foie Gras Sales

Amazon.com Inc. has agreed to pay approximately $100,000 to resolve allegations brought by California district attorneys that it violated a state consumer protection statute by selling force-fed foie gras online, Los Angeles and Monterey counties said Friday. Read full article »

REAL ESTATE & DEVELOPMENT

KKR REIT Loans $267M For California, New York Properties

KKR & Co. Inc.'s real estate investment trust lending arm has loaned $266.5 million for a pair or multifamily properties, one in California and a second in New York, according to a KKR announcement Thursday. Read full article »

ENERGY & ENVIRONMENTAL

VW Tells 9th Circ. Counties' Emissions Claims Preempted

Volkswagen AG has told the Ninth Circuit that counties in Florida and Utah cannot revive their claims the German automaker violated local rules by tampering with emissions software in certain diesel vehicles, insisting they’re preempted by the Clean Air Act. Read full article »

PRIVACY & CONSUMER PROTECTION

Thrift Preemption No Help For Chase In Calif. Suit: Judge

A San Francisco federal judge ruled Friday that Chase must face a proposed class action over its alleged failure to comply with a California mortgage escrow interest law, finding the preemption once enjoyed by the failed federal thrift originator of the plaintiffs' mortgages doesn't cover Chase's subsequent handling of the loans. Read full article »

EMPLOYMENT

Uber Is Impeding Arbitrations By Refusing To Pay, Drivers Say

Thousands of Uber drivers on Wednesday accused the ride-hailing service of employing stall tactics in their bid to force the company to cover the costs of their individual arbitrations in California federal court, following recent Ninth Circuit rulings that determined such arbitrations are the only way for the drivers to resolve classification disputes. Read full article »

BENEFITS

Quad/Graphics Must Pay Pension Fund, 9th Circ. Says

Wisconsin-based marketing and printing firm Quad/Graphics Inc. will have to pay a multi-employer pension plan several million dollars after a Ninth Circuit appeals panel on Friday upheld a lower court's ruling that the fund had correctly calculated how much the company owed after it pulled out of the plan. Read full article »

Franklin Templeton, Workers Agree To Settle ERISA Suit

Franklin Templeton has told a California federal court it has been able to settle an Employee Retirement Income Security Act class action accusing the firm of mismanaging its workers' retirement savings. Read full article »

SECURITIES & WHITE COLLAR

Student Loan Co. CEO Arrested On Charges Of $28M Fraud

A California financial services executive was arrested while trying to board a flight out of the country and charged with wire fraud for allegedly running a phony student loan debt relief scheme, the U.S. Department of Justice announced in a statement issued Thursday. Read full article »

Impax Says Investors' Drug Price-Fixing Suit Still Fails

Impax Laboratories has asked a California federal judge to again quash investors' attempt to revive claims that the generic-drug manufacturer hid news of a federal investigation into whether it was colluding with its competitors to fix the prices of two generic drugs, saying the latest complaint still misses the mark. Read full article »

HEALTH

Calif. School Vaccine Law Upheld As Panel Pans 'Hyperbole'

California's law requiring children in day care and grade school to get vaccinated survived another in a long line of challenges when a state appeals court criticized the lawsuit’s "hyperbole" in a unanimous opinion upholding a lower court's decision to toss the case. Read full article »

PRIVATE EQUITY

Moderna Leads IPO Pair Raising $735M

Clinical-stage biotechnology company Moderna late Thursday said it raised more than $604 million in an initial public offering touted as the largest biotech IPO ever, alongside another offering that reaped roughly $131 million for cancer and autoimmune disorder-focused Synthorx. Read full article »

TELECOMMUNICATIONS

Telecom Contract Row Paused Pending Arbitrator Ruling

A California federal court has paused an American IT company’s suit accusing Dutch telecom Veon Ltd. and its former Italian subsidiary, Wind Tre, of fraud, ruling that an arbitrator must determine whether the dispute should be handled through arbitration. Read full article »

PEOPLE

Construction Litigator Joins Gordon Rees In SF Office

Construction-focused litigator Lisa M. Cappelluti has joined Gordon Rees Scully Mansukhani LLP as a partner in its San Francisco office, more than a decade after she opened a Northern California office for Lorber Greenfield & Polito LLP. Read full article »

Health Hires: Hooper Lundy, King & Spalding, Williams Mullen

Hooper Lundy & Bookman PC has gained a health care partner from Brown Rudnick LLP and lost another to King & Spalding LLP, Williams Mullen has hired three new health and life sciences attorneys, Nelson Mullins Riley & Scarborough LLP has added a biotech corporate and securities attorney, and Dorsey & Whitney LLP has brought on a new health adviser. Read full article »

EXPERT ANALYSIS

Calif. Privacy Act Will Increase Data Breach Liability

The California Consumer Privacy Act's statutory damages provision will likely generate significant litigation and require courts to weigh in on various aspects of this important new remedy, say Grant Davis-Denny and Alex Gorin of Munger Tolles & Olson LLP. Read full article »

Taxpayers Should Note These 2 Items From Calif. Tax Regs

A “second adopt notice,” issued Nov. 27, is the latest step in the transition of California tax programs to the jurisdiction of the California Department of Tax and Fee Administration. Two major items of interest in the notice involve new appeals procedures, says Eric Cofill of Pillsbury Winthrop Shaw Pittman LLP. Read full article »

Class Cert. Evidence Standard Likely Headed To High Court

With circuit courts irreconcilably split on expert testimony at the class certification stage, the Ninth Circuit’s recent decision not to reconsider Sali v. Corona Regional Medical Center all but guarantees the issue will soon reach the U.S. Supreme Court, say Thomas Richie and John Goodman of Bradley Arant Boult Cummings LLP. Read full article »

Blockvest Ruling Reminds Token Issuers To Push Back

Digital token issuers caught up in the onslaught of U.S. Securities and Exchange Commission investigations finally received some good news last month regarding token sales’ exposure to federal securities laws. The decision in SEC v. Blockvest is encouraging for a few reasons, say Michael Dicke and Eric Young of Fenwick & West LLP. Read full article »

State Net

More State Issues The Blue Wave May Shape In 2019

In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year. Read full article »

LEGAL INDUSTRY

John Gibbons, Former 3rd Circ. Chief Judge, Dies At 94

John J. Gibbons, a Gibbons PC name partner and former Third Circuit chief judge known as a champion of civil liberties, staunch constitutionalist and fierce critic of the death penalty, died Sunday at the age of 94, the law firm said. Read full article »

Interview

15 Minutes With Gap's Global General Counsel

Gap Inc. Global General Counsel Julie Gruber sees value in both formal and casual mentorship programs. Here, she describes how the company has made strides on diversity and inclusion and why being fast and flexible are crucial in the changing retail environment. Read full article »

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