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Judge James Donato, U.S. District Court for the Northern District of California

'Funding Constraints,' Daubert Rulings Threaten to Sink Hacking Case

By Scott Graham |

After U.S. District Judge James Donato excluded two highly regarded damages experts, a San Francisco startup's litigation funder developed a case of cold feet.

Data Collection Is a Top Concern for Drone Operators' Counsel

By David Ruiz |

In-house counsel who spoke on a panel about drone laws and regulation at the Emerging Technologies and Torts of the Future Conference in Menlo Park named their top worries.

UC Law Schools Awarded Millions After Bank's Loss in Court

By Karen Sloan |

A federal bankruptcy judge has directed the bulk of punitive damages leveled against Bank of America to the five law schools housed at UC campuses.

U.S. Court of Appeals for the Ninth Circuit.

Anti-Abortion Activist Loses Appeal Over Secret Recordings

By Ross Todd |

David Daleidan faces criminal and civil actions for infiltrating National Abortion Federation conferences and using a hidden camera to record video.

Left to right: Randy Evans and Shari Klevens, Dentons partners

5 Tips for Fee Agreement ADR Clauses

By Randy Evans and Shari Klevens |

Keep these five things in mind when including or enforcing an ADR provision in a fee agreement.

Retailers Win Round in SCOTUS Credit Card 'Swipe Fee' Case

By Tony Mauro |

The U.S. Supreme Court ruled Wednesday that a state law preventing retailers from telling shoppers they are imposing a “surcharge” on credit card purchases could be unconstitutional.

PALO ALTO, CA - MARCH 18: The Tesla Motors World Headquarters located in Palo Alto on March 18, 2014. Tesla Motors is an American company that designs, manufactures and sells electric cars.

GCs Should Audit, Review HR Departments To Avoid Crises Like Uber's, Tesla's

By David Ruiz |

Due to allegations of failed HR departments inside Uber and Tesla, GCs should work more closely with the departments to prevent lawsuits and internal problems, lawyers say.

From left Richard Climan, John Brockland, Keith Flaum, and Jane Ross

Hogan Lovells Lures Weil Tech Transactions Team

By Rebecca Cohen |

Hogan Lovells is poised to hire a high-profile technology transactions team in Silicon Valley from Weil, Gotshal & Manges led by partners Richard 'Rick' Climan, Keith Flaum, Jane Ross and John Brockland. The quartet headed to Weil five years ago ahead of the collapse of Dewey & LeBoeuf, which they joined from Cooley in 2009.

Waymo driverless vehicle.

Calif. Lawmaker Pushes Zero-Emission Driverless Vehicles

By Cheryl Miller |

A Bay Area lawmaker has introduced legislation that would require driverless cars registered in California to be zero-emission vehicles.

Wells Fargo Strikes $110M Settlement Deal in Fake Accounts Cases

By Amanda Bronstad |

The agreement comes in a California case just before the Judicial Panel on Multidistrict Litigation heard arguments that the suits should be coordinated before a single judge.

Uber headquarters in San Francisco

Uber Tries to Drive Waymo's Trade Secrets Case Into Arbitration

By Scott Graham |

Uber claims the Google subsidiary's suit targets a former employee who had an arbitration clause in his contract with Waymo.

185 Corporate Counsel Urge Congress to Fund LSC

By Marcia Coyle |

President Donald Trump routinely has sought corporate America's voice on a range of issues, but will he and members of Congress listen to the 185 in-house counsel who are opposed to his zero budget for the Legal Services Corp.?

Michal Rosenn.

Lawyers Using Social Media Lack Framework for What's Allowed

By David Ruiz |

Companies and firms are dealing with lawyers' social media use on a case-by-case basis, leading to uncertainty, in-house and outside counsel say.

Makan Delrahim listens to testimony during the confirmation hearing of judge Neil Gorsuch to replace the late Antonin Scalia at the U.S. Supreme Court.  March 20, 2017.

What to Know About Makan Delrahim, Trump's Antitrust Division Pick

By C. Ryan Barber |

Makan Delrahim, a former top lobbyist for tech and health care companies who now serves as a deputy White House counsel, is the Trump administration's pick to lead the U.S. Justice Department's Antitrust Division, a key post that would put him, and his front-office staff, in the spotlight of in-house legal departments looking to win approval for mergers and acquisitions.

Left to right: Krista Stone-Manista and Gay Grunfeld, Rosen Bien Galvan Grunfeld.

The Consequences of Failing to Respond to Harassment Allegations

By Gay Grunfeld and Krista Stone-Manista |

Sexual harassment in the American workplace remains an ongoing and expensive problem for companies of all types and sizes, more than 25 years after Anita Hill's testimony to Congress made it a topic of national conversation. In recent years, the conversation has focused on the rampant epidemic of sexual harassment in the technology industry, but addressing harassment must be a priority for all employers.

Dan Forman of Carothers DiSante & Freudenberger.

Calif.'s Patchwork of Local Minimum Wages a 'Minefield' for Employers

By Dan M. Forman |

California's robust and lucrative market is also an expensive one, and that cost is increasing. California's recent minimum wage increase will, over 18 months, create the highest state minimum wage in U.S. history, by 2023 at $15 per hour. Further, many of California's employee-friendly cities and local governments have enacted local wage ordinances that exceed or differ from statewide requirements, making the decision of where to do business in California increasingly complex.

Julie Q. Brush, Solutus Legal Search .

How Long to Stay in an In-House Job Depends on Your Career Goals

By By Julie Q. Brush |

The most appropriate length of time to stay in a role or in an organization company can be the same or different depending on how your role evolves over time. Also, the definition of "ideal length of time" is relative.

Ten Am Law 100 Firms Help Raiders Roll Into Sin City

By Brian Baxter |

Enough outside law firms to represent nearly every position on a football field grabbed roles Monday on a deal to relocate to Las Vegas the National Football League's Oakland Raiders. In a 31-1 vote, NFL owners approved the team's move that will involve a record-setting sum of public money.

U.S. Supreme Court Justice Stephen Breyer.

Why Patent Ruling That 'Ignored' Supreme Court Precedent May Stand

By Scott Graham |

The justices have shown no great deference to the Federal Circuit in recent years. Yet, they sound reluctant to overrule a 1990 decision that led to a crush of filings in the Eastern District of Texas.

Judge William Alsup, United States District Court for the Northern District of California

Alsup Puts Stamp on Google-Uber Driverless Car Case

By Ross Todd |

Recent orders from U.S. District Judge William Alsup give a flavor of what life litigating before the Bay Area judge will be like.

Chief Justice Tani Cantil Sakauye

California's Chief Justice Assails Trump Administration

By Cheryl Miller |

Chief Justice Tani Cantil-Sakauye, doubling down on her recent criticism of the Trump administration, on Monday told state lawmakers in an annual address that "the rule of law is being threatened." Cantil-Sakauye, who did not name President Donald Trump, used her State of the Judiciary remarks to raise concern about "eroding trust in our institutions" and civil rights "unrest." The rule of law, she said, "means that as a people, we are governed by laws, not by a monarch."

New York City, NY - July 12 2016: Aerial view top of Metlife building next to grand central terminal in the Manhattan skyline surrounded by building rooftops

California IP Firm Sets Sights on New York

By Rebecca Cohen |

While some large law firms are cutting back on their intellectual property practices, California-based Knobbe, Martens, Olson & Bear is in expansion mode. The IP-focused firm, which saw its gross revenue rise to $220 million in 2016, is preparing to move five lawyers to a new office in New York.

What Do Autonomous Vehicle Accident Reports Tell Us?

By Victoria Prussen Spears, Esq., Associate Director FC&S Legal |

An Uber Technologies Inc. autonomous vehicle operating in self-driving mode recently was involved in an accident in Arizona. A Tempe, Arizona, police department spokesperson, Sergeant Josie Montenegro, said that the Uber car, a Volvo XC90 sport utility vehicle, was not at fault and that it had been hit when another driver had failed to yield.

U.S. Supreme Court building.

Supreme Court May Preserve EDTX Grip on Patent Cases

By Tony Mauro |

During arguments Monday in the closely watched TC Heartland v. Kraft Foods Group Brands, several justices seemed resistant to shaking up the status quo, which allows broad latitude in where patent cases may be filed.

Left to right: Randy Evans and Shari Klevens, Dentons partners

How to Address Attorney Misconduct

By Randy Evans and Shari Klevens |

Given the demands and stresses of practicing law, substance abuse and depression are unfortunately an all-too-common occurrence among attorneys. When an attorney is impaired by disease or personal matters, it can be very uncomfortable for other attorneys at a law practice to decide how to handle the situation, especially when there is serious misconduct such as theft or other dishonest actions.

M&A's Missing Women

By Lizzy McLellan |

More women are achieving leadership roles in law firm 
M&A practices. But it will take another big push to achieve widespread gender equity on deal teams.

Second Circuit Upholds Ban on Private Investment in Law Firms

By Andrew Denney and Ben Hancock |

A federal appeals court on Friday rejected an attempt to loosen restrictions on private investment in the legal industry, dismissing arguments that ethics rules impinge on lawyers’ First Amendment rights.

Uber headquarters in San Francisco

In Uber Appeal, Another Test for Digital Arbitration Pacts

By Andrew Denney |

A Second Circuit panel, reviewing a decision from Judge Jed Rakoff, is parsing just how prominently arbitration agreements must appear on an app or website for their terms to be enforceable.

Woman checking Heart rate Exercise Workout fitness Outdoor Smart watch Sport equipment

NY AG Settles With 3 Mobile Health App Makers on Misleading Claims Charges

By Kristen Rasmussen |

The developers of three popular health-related mobile apps have agreed to settle allegations that they potentially harmed consumers by making misleading claims about the accuracy of the technologies' results, the New York Attorney General's Office announced Thursday.

U.S. Supreme Court building

Patent Lawyers, Anticipating a Shake-Up, Warily Watch SCOTUS

By Scott Graham |

The U.S. Supreme Court is being asked to reassert a previous interpretation of the rules, which limited patent suits to the districts where companies are incorporated.

California Court of Appeals for the 2nd District

Calif. Judges Not Owed Millions in Back Pay, State Says

By Amanda Bronstad |

On Friday, lawyers for California will try to persuade the Second District Court of Appeal to reverse retroactive raises awarded to thousands of active and retired state judges.

David Lisi

Pillsbury Poaches Greenberg Traurig Litigator in Silicon Valley

By Rebecca Cohen |

Former Howrey partner a complex commercial litigation and data security expert Daniel Lisi is leaving Greenberg Traurig for Pillsbury Winthrop Shaw Pittman in Palo Alto, California.

Ian Ballon, Greenberg Traurig shareholder

EBay Cleared of Seller's Alleged Patent Infringement

By Scott Graham |

The underlying case involved users who sold wooden bee traps that allegedly violated a man's patent.

Uber headquarters in San Francisco

Tangled Up by Uber Appeals, Ninth Circuit Holds Unusual Hearing

By Ben Hancock |

In a sign of just what a snarl the Uber driver litigation has become, the U.S. Court of Appeals for the Ninth Circuit on Thursday held the judicial equivalent of an intervention to figure out how to move forward.

Paul Hastings sign at NYC offices

Steady Growth Name of the Game for Paul Hastings

By Meghan Tribe |

The firm, in the midst of a major revamp of its office space around the country, saw a continued increase in all major financial metrics in 2016.

Instacart Strikes Deal to End Worker Classification Suit

By Ben Hancock |

The grocery delivery service will pay $4.625 million to resolve a nationwide class action but won't change the way it designates workers.


Lawyers Sound Off on First-in-a-Decade Class Action Changes

By Amanda Bronstad |

Here's what plaintiffs lawyers, public interest groups, class action critics and claim administrators have to say about proposed amendments that would crack down on serial objectors and promote modern means of communicating with class members.

Washington, D.C. offices of Morgan Lewis. June 10, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

A Quick Turnaround for a Morgan Lewis Lateral

By Rebecca Cohen |

Steven Witmer, an employee benefits and executive compensation partner at Ivins, Phillips & Barker, has returned to the firm’s Los Angeles office after joining Morgan, Lewis & Bockius in a three-partner lateral move in January. Two of the partners that moved with him have chosen to remain with Morgan Lewis in Washington, D.C.

Companies Challenge Secrecy Protocols for FBI National Security Letters

By Ben Hancock |

The Ninth Circuit heard arguments Wednesday in a long-running battle over rules barring businesses from telling customers when they've received requests for information.

Boies/Schiller Film Group's Suit Could Unleash Litigation Beast

By Meghan Tribe |

The film finance vehicle of Boies Schiller Flexner's David Boies and the son of a fellow co-founding partner of the firm has filed a fraud suit against a Florida investor over the 2016 film “Jane Got a Gun.”

Global Law Firms and Vereins: The End of the Affair?

By Chris Johnson |

In the inexorable march toward greater global consolidation, will law firms steer clear of the verein structure?

Some of Varsity Brands' designs.

Did SCOTUS Miss Chance to Fine-Tune IP Protection for Apparel?

By Scott Graham |

While the U.S. Supreme Court's copyright decision on cheerleader uniforms strengthens IP protection for fashion designers, some copyright lawyers said the high court missed a golden opportunity to provide more clarity.

L-R Jake Heller, Founder and CEO and Laura Safdie, COO and General Counsel, Casetext.

$12M Casetext Investment Underscores Am Law Interest in AI Technology

By Ian Lopez |

A recent investment in artificial intelligence-enabled legal research technology signals law firm acceptance and adoption of such technology.

Judge Neil Gorsuch testifies before the Senate Judiciary Committee during the second day of his confirmation hearing to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 21, 2017.

Lawyers in Gorsuch 'Frozen Trucker' Case Surprised at Attention

By Marcia Coyle |

The case of the frozen trucker sounds like a Conan Doyle mystery but it has become a focal point in Judge Neil Gorsuch's confirmation hearings, to the surprise of the lawyers who faced off before the judge—and to the frustration of one of them.

Alston & Bird opens new San Francisco office. L-R Bo Phillips, Jeff Tsai, Teresa Bonder and Michael Agoglia.

Alston Raids Reed Smith, MoFo for New San Francisco Office

By Meredith Hobbs |

Atlanta-based Alston & Bird has scooped up financial services litigator Michael Agoglia from Morrison & Foerster and a seven-lawyer class action defense team led by Robert "Bo" Phillips Jr. from Reed Smith to open a San Francisco office and expand its Los Angeles office.

Matthew Kemner

Ex-Carroll Burdick Leader Touts Success of Squire Patton Boggs Deal

By Rebecca Cohen |

Matthew Kemner, a former chairman of Carroll, Burdick & McDonough, discusses what the past year has held for him and his colleagues at the San Francisco-based litigation firm following their decision to join forces with Squire Patton Boggs.

Peter Stris of Stris & Maher  and Jeffrey L. Fisher, co-director of the Stanford Law School Supreme Court Litigation Clinic.

Supreme Court Weighing Microsoft Case Over Class Certification Appeals

By Amanda Bronstad |

The U.S. Supreme Court on Tuesday grilled lawyers in a high-profile class action about a controversial procedural tool that allows plaintiffs to appeal a class certification order by dismissing their own case.

U.S. Supreme Court.

Supreme Court Ends Laches Defense in Patent Cases

By Scott Graham |

To the surprise of no one, the U.S. Supreme Court on Tuesday ruled laches is not a defense to patent infringement suits that are brought within the Patent Act's limitations period.

Neal Katyal of Hogan Lovells.

TV Networks Win Another Battle on Streaming

By Ben Hancock |

The Ninth Circuit becomes the latest court to rule that web TV company FilmOn is not a "cable system" eligible for low statutory royalties.

Justices Mull Whether Settled Expectations Require Affirmance in Patent Exhaustion Case

By Scott Graham |

U.S. Supreme Court justices didn't tip their hands—or in most cases say much of anything, really—as the high court heard arguments Tuesday on the doctrine of patent exhaustion. But one intriguing thread did surface during the hour-long argumen: Whether affirming two longstanding decisions from the U.S. Court of Appeals for the Federal Circuit would upset settled expectations.

Neal Katyal, of Hogan Lovells, during judge Neil Gorsuch’s confirmation hearing before the Senate Judiciary Committee to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 20, 2017.

Why Did Neal Katyal Go an Extra Mile for Neil Gorsuch?

By Tony Mauro |

By tradition, U.S. Supreme Court nominees are introduced to the U.S. Senate Judiciary Committee for their confirmation hearings by the senators from their home state. Neil Gorsuch got a boost from Hogan Lovells partner Neal Katyal. "I introduced Judge Gorsuch because he is, in my judgment, an outstanding judge,” Katyal said Tuesday, explaining his decision. "Just plain merit."

Waymo's Tekedra Mawakana

Google’s Self-Driving Unit Hires New Public Policy Lead

By David Ruiz |

Google's self-driving car division, Waymo, hired a former eBay Inc. executive Tekedra Mawakana as president of public policy and government affairs as the company wrangles with lawmakers over self-driving car regulations and also battles Uber Technologies Inc. over claims that a former Waymo engineer hired by Uber stole trade secrets.

Bill Brooks.

Menlo Park Startup Plays Matchmaker to GCs and Outside Counsel

By David Ruiz |

A Menlo Park company is trying to find a better way to bring GCs and outside counsel together, but some GCs remain reluctant about the idea.

Morrison & Foerster's Washington, D.C. offices. July 23, 2014. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

MoFo's Financials Took a Dip in 2016

By Rebecca Cohen |

After ticking upward in 2015, Morrison & Foerster saw its financial performance slide last year. Gross revenue at the firm fell 3.5 percent, to $945 million, as revenue per lawyer and profits per partner also dropped to $990,000 and $1.41 million, respectively.

Judge Neil Gorsuch appears March 20 at his confirmation hearing.

Gorsuch's Rulings in Focus as Confirmation Clash Unfolds

By Tony Mauro |

Democratic senators, repeatedly raising the blocked elevation of Merrick Garland, set a critical tone Monday as the U.S. Supreme Court confirmation hearing for Judge Neil Gorsuch got underway in Washington on Capitol Hill.

Joe Dunn, the former executive director (fired in 2014) of the State Bar of California. Also a former state senator.

Arbitrator Rejects Remainder of Ousted Bar Leader's Claims

By Cheryl Miller |

An arbitrator on Monday rejected all of Joe Dunn's remaining claims against the California state bar, ending a three-year legal saga that pit the one-time executive director against his former employer. The arbitrator, Edward Infante, said Dunn failed to prove his November 2014 firing was retaliation for his allegations that the Office of Chief Trial Counsel was manipulating disciplinary backlog numbers.

funding and budgeting

In-House Legal Technology Adoption Often Pivots on One Key Variable: Project Sponsors

By Rhys Dipshan |

It is often up to general counsel and legal operations managers to support, and closely manage, their department's technology adoption.

Junny Lee, The Work Project.

No Corner Offices in the Law Firms of the Future (And That's Not a Bad Thing!)

By Junny Lee, Founder, The Work Project |

As artificial intelligence begins taking over some of the law firm's basic functions, the very roles of the law firm are beginning to shift, and the old structural hierarchy is becoming obsolete.

San Francisco City Attorney Dennis Herrera

Ex-SF Chief Trial Attorney Wins $2M Verdict Against Herrera, City

By Ben Hancock |

Joanne Hoeper had alleged she was fired after pursing an illegal kickback scheme.

Nelson Mullins LA-Bound in Bid For More Big Auto Work

By Rebecca Cohen |

The South Carolina-based firm has opened an office in Gardena, California, a city just south of downtown Los Angeles, after hiring a new local managing partner in Richard Otera, most recently general counsel at Sumitomo Electric Industries Ltd. Three other partners have also joined the firm’s first outpost on the West Coast.

Google offices in Mountain View.

Google Is Not Generic for Internet Searching—But the Day May Be Coming

By Scott Graham |

A Ninth Circuit panel indicated that most people still know the difference between Google as a trademarked brand and "googling" as a verb.

Ninth Circuit Weighs Privacy in Police Cellphone Tracking Case

By Ross Todd |

The American Civil Liberties Union claimed police should need probable cause and a warrant, while the Justice Department said owners voluntarily turn this data over to third-party users.

A large crowd rallies on the steps of the U.S. Supreme Court, led by top Democrat lawmakers, to denounce President Donald Trump’s executive order banning immigration from 7 Muslim-majority countries, on January 30, 2017.

Tech GCs Tell Us About How Their Companies Become a Court 'Friend'

By David Ruiz |

As more than a hundred companies used the court system to show opposition to the president’s travel bans, GCs say the process involves a few, quick conversations and stakeholders.

Survey Finds Midsized LA Firms Just Looking For Right Fit

By Rebecca Cohen |

Nearly nine out of 10 midsized Los Angeles law firms were approached in the past year by another firm looking to merge, according to a survey by legal consultancy the Zeughauser Group. Almost half of those firms are open to the possibility of a combination.

Pharma Company Avoids $50M Payment Obligation Over Cancer Drug

By Tom McParland |

The Delaware Court of Chancery on Wednesday ruled that drugmaker Gilead Sciences Inc. can avoid a $50 million milestone payment to shareholders of a company it bought in 2011, finding that a drug it acquired from Calistoga Pharmaceuticals Inc. did not win the kind of broad approval needed to trigger the post-closing bonus.

Judge William Alsup, United States District Court for the Northern District of California speaks at a remembering Supreme Court Justice William Douglas event

Alsup Voices Concerns About Driverless Car Suit

By Ben Hancock |

At the first hearing, the judge wondered if Google is claiming trade secret protection for technology already disclosed in patent filings or to highway safety regulators.

Chief Justice Tani Cantil Sakauye

California Chief Justice Accuses Feds of 'Stalking' Immigrants at Courthouses

By Cheryl Miller |

California Chief Justice Tani Cantil-Sakauye on Thursday accused federal authorities of "stalking undocumented immigrants" at state courthouses to make arrests. In a letter to U.S. Attorney General Jeff Sessions and Homeland Security Secretary John Kelly, Cantil-Sakauye said the use of California trial courts "as bait" is generating mistrust of the judiciary.

Rep. Darrell Issa, R-California

House Panel Restarts Debate on Splitting Ninth Circuit

By Ross Todd |

Republicans on a Judciary subcommittee sound united on breaking up the appellate court, but not on how to do it.

Gregory Garre

You, Baby — Ninth Circuit Asks California Supreme Court to Decide Turtles Copyright Suit

By Scott Graham |

The federal appellate court certified two questions that it says will determine the winner of a dispute over pre-1972 sound recordings.

Arthur Chong, Sheppard Mullin

New Yahoo GC Arthur Chong Deals Well With Complexity, Says Former Colleague

By David Ruiz |

In just a few months, Yahoo Inc.'s new general counsel Arthur Chong will have to oversee a complex web of intellectual property assets, minority investments and corporate securities and debt. A lawyer who has worked with him says he's more than prepared.

Remington Model 700

This Factor Is Drawing Increasing Scrutiny in Class Action Settlements

By Amanda Bronstad |

The claims rate, or percentage of class members filing actual claims, can often run under 1 percent. That's getting more attention from judges, Congress and the FTC.

State Bar president John Van de Kamp (2004)

John Van de Kamp, Former State Attorney General, Dies at 81

By Cheryl Miller |

John Van de Kamp, a former California state attorney general whose public service career spanned five decades, died Tuesday at his Pasadena home. He was 81. Van de Kamp's death was confirmed by Philip Recht, the partner-in-charge of Mayer Brown's Los Angeles office, where Van de Kamp had worked as counsel since 2012.

Waymo driverless vehicle.

Quinn, MoFo Already Crossing Swords in Driverless Car Case

By Scott Graham |

After lawyers for Alphabet Inc. subsidiary Waymo balk at providing confidential documents, Judge William Alsup promises to vet an Uber in-house attorney for access.

U.S. Congressman Xavier Becerra (D-CA), Attorney General nominee for the state of California. December 8, 2016.

California Moves to Defend Stringent Emission Standards

By Cheryl Miller |

California on Tuesday moved to block the Trump administration from rolling back vehicle pollution standards that are key to the state's effort to curtail greenhouse gas emissions. The state's motion, filed in the U.S. Court of Appeals for the D.C. Circuit, seeks to intervene as a defendant in a regulatory challenge brought by the Alliance of Automobile Manufacturers against the U.S. Environmental Protection Agency.

UC Hastings College of the Law, 200 McAllister Street in San Francisco

Police Investigating Possible Anti-Semitic Vandalism at UC-Hastings

By Ben Hancock |

UC-Hastings Dean David Faigman said in an email to students, staff and faculty Wednesday morning that someone partially burned a mezuzah hanging on a student's door, in what he said "appears to be a cowardly act of anti-Semitism."

DOJ Indicts 4 in Yahoo Data Breach Linked to Russia

By Ross Todd |

An indictment unveiled in San Francisco Wednesday includes two Russian Federal Security Service officers.

Left to right: Randy Evans and Shari Klevens, Dentons partners

Three Steps to Help in Handling Mistakes

By Randy Evans and Shari Klevens |

While attorneys may be vigilant and detail-oriented by nature, they are still human. Accordingly, mistakes can happen in the course of an attorney-client representation, even when attorneys take steps to reduce their risk overall.

U.S. Court of Appeals for the Ninth Circuit

With Congress Again Mulling 9th Circuit Split, a Call for 5 New Judgeships

By Ross Todd |

Two days before its first hearing, the Federal Judicial Conference makes the request as part of its call for 57 new Article III positions.

Google, Mountain View

Ninth Circuit Hears Critique of Cy Pres in Google Privacy Settlement

By Amanda Bronstad |

A federal appeals panel grilled lawyers in a case against Google over a claim of conflict of interest in steering funds from an $8.5 million class action settlement to the alma maters of two of the plaintiffs' attorneys, including Harvard and Stanford universities.

The Irish Case That Could Upend US-EU Data Transfers (Again)

By Ben Hancock |

A monthlong courtroom clash between Facebook Inc., Ireland's data protection regulator, and Austrian privacy activist Maximilian Schrems is set to wrap up on Wednesday.

Julie Q. Brush, Solutus Legal Search .

Are Lawyers With Foreign Law Degrees at a Disadvantage in the U.S. Market?

By Julie Brush |

U.S. trained lawyers still dominate the legal landscape and competition is fierce. But the environment is now a bit kinder for diverse profiles.

Zuzana S. Ikels is a Principal at the national law firm Polsinelli. Her litigation practice focuses on handling complex commercial disputes, with particular emphasis in the healthcare, health technology and telecommunications industries.. .Ginamarie Caya is an Associate at the national law firm Polsinelli.  She represents businesses in both trial and appellate courts in a wide range of complex commercial disputes and class actions.

Ninth Circuit Broadens Whistleblower Protections, Circuits Split

By Gina Caya and Zuzana Ikels |

Last week, the U.S. Court of Appeals for the Ninth Circuit issued a decision further splitting the circuits on the scope of whistleblower protections under Section 21F of the Dodd Frank Act (DFA). In Somers v. Digital Realty Trust, No. 15-17352 (March 8, 2016), a former employee brought an employee discrimination case regarding sexual orientation as well as a wrongful termination claim under the anti-retaliation statute of Section 21F of the DFA.

Steve Berman, Hagens Berman

VW Accuses Hagens Berman of Double Counting Hours in Emissions Case

By Amanda Bronstad |

Steve Berman acknowledges that about half the legal work that went into negotiating a $1.2 billion settlement for franchise dealers was also submitted as part of a fee request in the main consumer settlement. But, he insists, VW's complaint misses the point.

David Sergenian and John Pierce, of Pierce Sergenian.

Kirkland, Quinn Emanuel Litigators Join New LA Boutique

By Rebecca Cohen |

Pierce Sergenian, a Los Angeles-based firm formed in January by John Pierce, a short-lived litigation leader at K&L Gates, is expanding by hiring a Kirkland & Ellis partner and an of counsel from Quinn Emanuel Urquhart & Sullivan.

Brian Stretch, United States Attorney for the Northern District of California

Stretch Stays On, for Now, as NDCAL's US Attorney

By Ross Todd |

A career prosecutor who has not been through Senate confirmation, Brian Stretch wasn't impacted by last week's removal of Obama-era U.S. attorneys.

SEC Hits Another Marijuana Company Over Alleged Sham Earnings

By C. Ryan Barber |

The nascent legalized marijuana industry has never been easy for regulators, forcing difficult decisions over how to enforce federal laws in states that have cleared cannabis for medical and—in some cases—recreational use. But the U.S. Securities and Exchange Commission has a decidedly simpler calculation: If a marijuana company misleads investors, it's as ripe an enforcement target as another firm.

Arthur Chong, Sheppard Mullin

Yahoo Names Arthur Chong New General Counsel

By Jennifer Williams-Alvarez |

After the sudden departure of Ronald Bell, Yahoo's former general counsel, the company has named Arthur Chong as his replacement.

U.S. District Court Judge Beth Labson Freeman, Northern District of California

Silicon Valley Judge Freeman Developing Brand Name for IP Trials

By Scott Graham |

Those who have watched U.S. District Judge Beth Labson Freeman say she is a quick study who's willing to dive into complicated subject matter.

Waymo driverless vehicle.

California Opens Door to Fully Autonomous Vehicle Testing

By Cheryl Miller |

Those driverless test cars cruising California streets may soon, in fact, be driverless. The state Department of Motor Vehicles on Friday posted its latest proposed regulations for testing and deploying fully autonomous vehicles in the Golden State. The long-awaited move set a clock in motion that could mean the DMV will enact final rules by the end of the year. Here are four takeaways.

U.S. District Judge Haywood S. Gilliam, Northern District of California

Fed Up With Lawyer, Judge Gilliam Terminates Trade Secret Suit

By Ross Todd |

In an extraordinary 31-page order imposing terminating sanctions, the judge took issue with what he described as an "utter disregard for the court's authority."

Limin Zheng, a principal with Fish & Richardson in Silicon Valley.

What the Numbers Tell Us About the Section 101 'Fad'

By Limin Zheng |

Section 101 of the Patent Act of 1952 has been increasingly used to challenge patent validity.

Chief Justice, Tani Cantil-Sakauye California Supreme Court

Calif. Supreme Court Won't Lower Bar-Pass Score—For Now

By Cheryl Miller |

The California Supreme Court has declined to temporarily lower the score needed to pass the state bar exam despite pleas from lawmakers and the deans of dozens of law schools.

Uber headquarters in San Francisco

Uber's Settlement to End PAGA Suit Doesn't Get Past Judge

By Ben Hancock |

A California judge said in a tentative ruling that she's inclined to reject the $7.75 million deal that sparked criticism from other plaintiffs lawyers.


O'Melveny & Myers Reports Strong Revenue and Income Growth in 2016

By Anna Zhang |

In Asia, the 648-lawyer firm saw several departures across offices last year, but chair Brad Butwin says his firm remains committed to the region.

Slideshow: Justice Sotomayor at UC Berkeley

By Ross Todd |

U.S. Supreme Court Justice Sonia Sotomayor held court on Thursday in front of an enthusiastic, capacity crowd at the 2,600-seat Zellerbach Auditorium on the UC Berkeley campus.

Left to right: PJ Harari and Gigi Birchfield of Major, Lindsey & Africa

What It Takes to Work in Silicon Beach as a Lawyer

By PJ Harari and Gigi Birchfield |

The growing technology scene in Silicon Beach, home to more than 500 technology start-up companies, has shifted the economic tides of Los Angeles. As the third largest tech hub in the country, LA has put its unique stamp on the landscape with the intersection of media, tech, entertainment and marketing, followed by digital support of the medical industry. As this ecosystem grows, so too do their legal needs. For the legal industry, a world of unique opportunities has opened for lawyers looking for a new challenge.

A conversation with Sonia Sotomayor at University of California Berkeley

5 Takeaways from Justice Sotomayor’s Spirited Berkeley Appearance

By Ross Todd |

U.S. Supreme Court Justice Sonia Sotomayor was greeted as something of a judicial rock star on Thursday by an enthusiastic, capacity crowd at the 2,600-seat Zellerbach Auditorium on the UC Berkeley campus.

Travis LeBlanc

Boies Schiller Bags Another Ex-Obama Lawyer in Palo Alto

By Meghan Tribe |

The firm landed Travis LeBlanc, a former chief of the FCC's enforcement bureau, as a partner in Washington, D.C., and Palo Alto, California, where Boies Schiller Flexner has also hired Kathleen Hartnett, another ex-government lawyer who spent the past five years handling some controversial matters in the Obama administration.

Orrick in San Francisco

Amid Hiring Spree, An Up-and-Down Year at Orrick

By Rebecca Cohen |

Orrick, Herrington & Sutcliffe saw its head count rise in 2016, although the size of its equity partnership fell. The mixed bag extended to the firm's financials, as gross revenue grew, although profits per partner and revenue per lawyer both declined.

Insurance Carriers Say Driverless Car Data Is Key to Rates

By Cheryl Miller |

Insurance representatives told California lawmakers Wednesday that access to data generated by autonomous vehicles will be key to their industry's ability to write policies and assess liability.

KY Duration spray for men

Maker of K-Y Sued Over Theft of Trade Secrets for Premature Ejaculation Spray

By P.J. D'Annunzio |

Reckitt Benckiser is accused of stealing the trade secrets after pretending to be interested in buying Absorption Pharmaceuticals and its spray.

Media outside the United States Court of Appeal for the Ninth Circuit.

Ruling 2-1, Ninth Circuit Adopts Broad Whistleblower Definition

By Ross Todd |

With its decision Wednesday, the appeals court waded into a circuit split over whether employees who report securities violations internally qualify for protection under the Dodd-Frank Act.

Justice Kathryn Werdegar, California State Supreme Court

Calif. Justice Werdegar, After 23 Years, Will Retire in August

By Cheryl Miller |

Justice Kathryn Werdegar is retiring from the California Supreme Court on Aug. 31, ending a 23-year career on the court and five decades in public service.

Kelly A. Woodruff, Farella Braun & Martell..courtesy photo

Boutique That Doesn't Pay Salaries Bags Farella Braun Litigator

By Rebecca Cohen |

Kelly Woodruff, chair of the appellate litigation team at Farella Braun + Martel, has joined the California Appellate Law Group. The move is part of a growth spurt for the Bay Area-based appellate boutique, which since January 2015 has tripled in size to 13 lawyers.

Three Firms Admit to Overbilling, Agree to Pay $2M for Probe of Bills

By Scott Flaherty |

Judge appoints retired federal judge to conduct probe of fee requests from Labaton Sucharow, Lieff Cabraser Heimann & Bernstien and Thornton Law Firm.

H-1B Quick-Processing Suspension Worries Employers, Applicants, Visa Holders

By David Ruiz |

The planned suspension of expedited processing for H-1B applications, starting next month, could derail recruiting efforts and disrupt daily life for workers at some of the largest temporary work nonimmigrant visa employers in the United States, immigration attorneys say.

Google Lawyer to Lead Pinterest's Legal Department

By Stephanie Forshee |

Christine Flores has been appointed general counsel at Pinterest.

Pillsbury Winthrop Shaw Pittman's Washington, D.C. offices at 1200 17th St. NW. December 8, 2014. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Pillsbury's Financials Rebound, But Firm Leader Wants More

By Rebecca Cohen |

The firm, having broken off merger talks with Chadbourne & Parke more than a year ago, saw improvement in several key financial metrics in 2016. While the number of equity partners dropped at Pillsbury Winthrop Shaw Pittman, the firm saw gains in gross revenue, partner profits and revenue per lawyer.

L-R Jenny Yelin and Ernest Galvin, Rosen Bien Galvan & Grunfeld, San Francisco.

California Supreme Court Issues Decision on Use of Private Email

By Ernest Galvan and Jenny S. Yelin |

Public officials may turn to private email and messaging services to evade public scrutiny of potentially embarrassing information. In California at least, avoiding public disclosure just became much more difficult.

Ropes & Gray's Washington, D.C. offices. August 29, 2014. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Ropes & Gray to Shed Lawyers, Retreat From Patent Work in Firm Shakeup

By Brian Baxter |

About 100 lawyers and staffers are poised to leave Ropes & Gray within the next few months as the Boston-based Am Law 100 firm prepares to spin-off its patent prosecution practice into an independent firm.

Matthew Moore of Latham & Watkins.

Financial Institutions Bank Another Win Over Intellectual Ventures at Federal Circuit

By Scott Graham |

The court found three patents cover ineligible subject matter and the fourth is not clearly owned.

Shannon Liss-Riordan

Plaintiffs Lawyers Feud Over New Uber Settlement

By Ben Hancock |

A $7.75 million deal that would resolve California PAGA claims against Uber is being blasted by Shannon Liss-Riordan and other plaintiffs lawyers who have a lot to lose if it's approved.

Trump U Objector Called 'Politically Motivated'

By Amanda Bronstad |

Patrick Coughlin of Robbins Geller Rudman & Dowd, who struck the settlement deal, says a Florida lawyer who appeared in anti-Trump ads has political reasons for objecting.

Left to right: Randy Evans and Shari Klevens, Dentons partners

Considerations When Changing Law Firms

By Randy Evans and Shari Klevens |

The new normal in the legal market is constant lateral movement by attorneys from one law firm to another. The competition among law firms is fierce, and attorneys and entire practice groups are sometimes wooed by other firms promising greener pastures.

Justice William Bedsworth, California Court of Appeals for the Fourth District

Bedsworth: HGTV and Masculinity

By William W. Bedsworth |

I cannot imagine a collection of six words without profanity or references to the New York Yankees that antagonizes me more than, "Do you know who I am?"

Amazon, Avoiding First Amendment Clash, Drops Objections to Echo Warrant

By Ben Hancock |

The company said it would turn over recordings from the device in an Arkansas murder case because the defendant consented to their release.

Julie Q. Brush, Solutus Legal Search .

Looking to Move On? Get to Know the Best Hiring Cycles

By Julie Q. Brush |

Generally speaking, lateral associate hiring follows some defined annual cycles, but there is sporadic noncyclical activity as well.

Santa Monica, CA.

Orrick Sets Up Shop in Santa Monica's Silicon Beach

By Rebecca Cohen |

Days after Snap Inc.'s nearly $3.5 billion initial public offering, Orrick, Herrington & Sutcliffe is heading to Santa Monica, where Snapchat's parent company is based.

U.S. Patent & Trademark Office.

USPTO Suspends Former Niro Junior IP Attorney for 18 Months

By Scott Flaherty |

Former Niro lawyer David Mahalek represented Intellect Wireless, which was found to have misled the PTO to obtain its patents related to displaying caller ID on wireless phones.

U.S. Court of Appeals for the Ninth Circuit, where a three-judge panel heard arguments on the halting of the immigration ban.

Three Questions Trump's New Order Injects in Travel Ban Litigation

By Ross Todd |

Whether or not it passes constitutional muster, President Donald Trump's new executive order on immigration from six predominantly Muslim nations complicates ongoing cases.

Washington, D.C.

Revolving Door Goes Into Overdrive as Munger, Others Raid Federal Agencies

By Katelyn Polantz |

It was another day of musical chairs in the capital, with Donald Verrilli bringing another Jenner & Block alum to Munger Tolles, King & Spalding picking up an ex-Florida congressman, a colleague of Sally Yates landing at Linklaters, and the EPA's top lawyer joining Gibson Dunn.

McGuireWoods' Bay Area Base Makes More Hires

By Rebecca Cohen |

The Richmond, Virginia-based firm, which opened its San Francisco office last year, has hired Chapman and Cutler’s local office leader Peter Szurley. The banking and financial services expert brings with him three other partners.

Salle Yoo

Uber's 'Greyball' Program Puts New Focus on Legal Dept.

By David Ruiz |

Uber Technologies Inc. has used software to evade law enforcement and public officials in cities where the company faced opposition from regulators, The New York Times reported Friday, and legal ethics professionals said the company may be steering into the wrong lane.

U.S. Court of Appeals for the Federal Circuit in Washington D.C.

How Much Did the Federal Circuit Narrow Eligibility for Covered Business Method Review?


In November of last year, the Federal Circuit narrowed the types of patents eligible for covered business method review in Unwired Planet, LLC v. Google Inc. The court's decision narrowed what patents are eligible for CBM review, and provided some guidance for future cases.

Kevin Kinsella, Avalon Ventures

JAMS Loses Bid to Avoid Trial on Resume-Padding Charges

By Scott Graham |

A judge Friday ruled JAMS was not entitled judicial immunity or litigation privilege in an attempt to avoid trial.

How Two Big-Name Plaintiffs Lawyers Became Rivals Over NCAA Concussion Cases

By Amanda Bronstad |

Jay Edelson, the charismatic founder of Chicago’s Edelson PC, and Steve Berman, co-founder of Seattle-based plaintiffs powerhouse Hagens Berman Sobol Shapiro, saw different paths for the litigation—and different price tags for settlement.


Latham Lands Former Wilson Sonsini Co-Managing Partner

By Rebecca Cohen |

John “Jack” Sheridan, a former co-managing partner of Wilson Sonsini Goodrich & Rosati, is joining Latham & Watkins as a corporate partner in the firm’s emerging companies practice in Silicon Valley.

Silicon Valley GCs Defend Ron Bell; Say He's The Fall Guy

By David Ruiz |

Silicon Valley GCs say Former Yahoo General Counsel Ron Bell is a "good lawyer" being punished for the company's problems.

Chief Justice Tani Cantil-Sakauye California Supreme Court

Lawmakers Ask Calif. Chief Justice to Cut State Bar Exam Score

By Cheryl Miller |

Democratic members of the Assembly Judiciary Committee asked the California Supreme Court on Thursday to temporarily reduce the required passing score on the state bar exam.

Henry Weissman, with Munger, Tolles & Olson.

Resolution of Key Matters Causes Profit Dip at Munger Tolles

By Rebecca Cohen |

The Los Angeles-based firm saw declines in several key financial metrics in 2016, as gross revenue, partner profits and revenue per lawyer fell for the second straight year. Despite some big name lateral hires, Munger, Tolles & Olson’s head count also slipped below 200.

Ron Bell, GC at Yahoo.

After Yahoo, Are In-House Counsel Jobs at Risk Over Cybersecurity?

By Jennifer Williams-Alvarez |

The departure of Ron Bell, the general counsel of Yahoo, from his position in the wake of massive data breaches at the company raises the question of how much legal departments should be held responsible for cybersecurity failures.

Demonstrators celebrate the Supreme Court's ruling in Obergefell v. Hodges in June.

53 Companies Back Transgender Teen in SCOTUS Fight

By Marcia Coyle |

Major technology companies and other businesses, warning of the negative business consequences of a U.S. Supreme Court ruling against a transgender boy's sex discrimination claim, on Thursday stepped into a simmering controversy that pits them against the Trump administration.

Snapchat APP on a phone.

Snap This—Cooley Snags Nearly $2M in Snapchat IPO Fees

By Brian Baxter |

Shares of Snap Inc., the parent company of photo-sharing and ephemeral messaging service Snapchat, surged in their market debut Thursday. Cooley has taken the lead for the company on its initial public offering, one that values the company at $33 billion. The firm holds shares now worth some $11.7 million.

Facebook, 1 Hacker Way

Facebook Settles Privacy Suit in No-Cash Deal

By Ross Todd |

The company has agreed to make additional disclosures about how it scans private messages and won't share URL data with third parties.

Eastern Texas Still Patent Case Champ, According to Lex Machina Data

By Scott Graham |

Overall patent filings dropped in 2016, a trend analysts attributed to a change in federal pleading requirements in December 2015.

Cooley Grabs Goodwin Procter Tech, Life Sciences Pro

By Rebecca Cohen |

In its latest push into the life sciences sector, Cooley is poised to hire Goodwin Procter venture capital and technology partner Ryan Sansom from Goodwin Procter. Sansom has grabbed roles on two key initial public offerings by biotechnology clients in recent months.

The Aftershocks of Big Law's Associate Salary Hike Are Still Hitting

By Hugh A. Simons |

Last year's associate salary increases could have a big impact on law firm profitability. Middle-tier firms may be especially vulnerable—unless they act quickly.

Kirk Jenkins, Sedgwick partner

What's Next From the Calif. Supreme Court: A Data Junkie's Take

By Ben Hancock |

Kirk Jenkins, head of Sedgwick's appellate task force, is using data to forecast outcomes in the California Supreme Court. We put him to the test.

Apple headquarters at 1 Infinite Loop in Cupertino

Apple Snuffs Out NPE Patents That Almost Cost Company $533M

By Scott Graham |

The U.S. Court of Appeals for the Federal Circuit on Wednesday rejected three mobile payment patents that led an Eastern District of Texas jury to hit Apple with a $533 million verdict in 2015.

Sheppard Mullin's Gross Revenue Growth Continues

By Rebecca Cohen |

The California-based firm saw its gross revenue rise 8.5 percent in 2016, to $607 million, the 26th consecutive year of revenue growth by Sheppard Mullin, said its chairman Guy Halgren.

Ron Bell, GC at Yahoo.

Yahoo General Counsel Ron Bell Resigns Amid Data Breach Controversy

By Jennifer Williams-Alvarez |

Ron Bell, general counsel at Yahoo, has resigned from the company amid revelations that the company's legal team and senior executives did not sufficiently pursue investigation of a massive 2014 data breach.

Santa Clara County Superior Court.

Santa Clara Court Cuts Hours Amid Budget Woes

By Ross Todd |

Effective in May, the civil clerk's office in San Jose will close early on Fridays. A press release said it's not "fiscally feasible" to maintain current business hours.

password cracking

When Lawyers Become Hackers

By Gabrielle Orum Hernández |

A look at how attorneys might find “ethical hacking” useful in the e-discovery process.

GlaxoSmithKline headquaters.

Judge Keeps California County's Avandia Suit in Federal MDL

By Max Mitchell |

A federal judge has rejected Santa Clara County, California's bid to have its case against GlaxoSmithKline over Avandia removed from the federal multidistrict litigation over the diabetes drug, but made way for an appellate court to immediately review the decision.

Salman Khan, founder of Khan Academy.

Salman Khan Is Bringing Free LSAT Prep to the Masses

By Karen Sloan |

The Law School Admission Council is teaming up with Khan Academy—a major global provider of free online education—to offer test prep for the Law School Admission Test at no cost.

Julie Q. Brush, Solutus Legal Search .

How to Get Off to a Good Start With Your New Boss

By Julie Brush |

When a new sheriff comes to town, it creates an air of mystery as well as anxiety among the town’s inhabitants. Who is this person? What kind of manager is this person? What is s/he like? Will I like my new boss? Will s/he like me? What will I need to do to succeed?

Left to right: Randy Evans and Shari Klevens, Dentons partners

Protecting Partners From Unnecessary Risk

By Randy Evans and Shari Klevens |

A common concern of partners in a law firm is the potential that they will be held personally liable for actions taken by another partner. However, partners do not have to live in fear, as there are a number of proactive steps that can help limit the risk.

Richard Dickson, Fenwick & West chair

Fenwick & West's Financial Success Slows in 2016

By Rebecca Cohen |

The Silicon Valley stalwart pulled in $361.5 million in gross revenue last year, a slight dip from the 11.2 percent surge that saw Fenwick & West's turnover hit $363.5 million in 2015.

Supreme Court nominee Judge Neil Gorsuch meets with Senator Chuck Schumer (D-NY) at the Capitol on Tuesday, February 7, 2017.

Neil Gorsuch ‘Piercingly Textual’ and Often Pro-Defense on Class Actions and Arbitration

By Amanda Bronstad |

Antonin Scalia led a revolution in class actions and arbitration. Will Trump’s nominee pick up the mantle?

Nancy Pritikin

5 Ways to Manage Unreasonably Aggressive People in Litigation While Maintaining a Healthy Emotional Balance

By Nancy Pritikin |

How does one effectively deal with an attorney bully?

L-R Caroline McGlamry and Michael McGlamry, Pope McGlamry, Atlanta.With their dogs Daisy, Frankie and Sophie.

Class Action Takes Bite at Prescription Pet Food

By R. Robin McDonald |

The lawsuit claims several prescription pet food products sold to dog and cat owners at inflated prices are available for less money without the prescription.

Beyond the Cut Score: Piercing the Veil of the California Bar Exam's Validity

By Dennis Saccuzzo and Nancy Johnson |

In July 2016, California's bar pass rate fell to 43.1 percent, a 32-year low for July bar exams. In December, the chief justice of the California Supreme Court, Tani Cantil-Sakauye, expressed her concern about California's falling bar pass rate, but said that she wanted to wait and see what happens to scores when the new, shortened format is administered in July 2017, with its scoring and format changes.

PayPal, San Jose

Edelson Firm Accuses PayPal of Fumbling Charitable Donations

By Ross Todd |

A federal lawsuit alleges that PayPal failed to transmit money to intended donors if they were not registered on the site.

Cooley Snags Stroock’s Private Equity Leader

By Rebecca Cohen |

Ray LaSoya, chair of the private equity practice at Stroock & Stroock & Lavan, has joined Cooley as an M&A partner in Los Angeles.

From left to right, Reed Smith's Priscilla Parrett, Peter Kanter, Andres Vallejo and Matt Rilla

Reed Smith Returns to MoFo for More Tax Recruits

By Rebecca Cohen |

The firm, which last week made two notable lateral hires in Houston, has bolstered its Bay Area base by bringing on a five-lawyer state and local tax team from Morrison & Foerster led by partner Andres Vallejo.

Amazon Echo.

Fighting Echo Warrant, Amazon Has Scant Law to Draw On

By Ben Hancock |

The showdown over access to data recorded by the Amazon "smart" device is pushing the limits of traditional First Amendment and Fourth Amendment principles.

U.S. Court of Appeals for the Ninth Circuit, where a three-judge panel heard arguments on the halting of the immigration ban.

Rebuffing Trump, Ninth Circuit Moves Forward With Travel Ban Appeal

By Ben Hancock |

The administration, which has indicated it plans to revise the executive order banning entry to citizens of seven predominantly Muslim nations, has until March 10 to submit its opening brief in the pending appeal.

Social Media Gets Some Respect from SCOTUS in First Amendment Case

By Tony Mauro |

Mark the date: Feb. 27, 2017, may go down in history as the day that social media—from Facebook to Snapchat, Twitter to LinkedIn—entered the pantheon of expressions deserving First Amendment protection.

Georgia State University College of Law is making its debut on the Go-To Law Schools. (Welcome!) The Atlanta school sent 6.9 percent of 2016 grads into associate job at large firms.

NLJ's 2017 Go-To Law Schools Sneak Peek—No. 41-50

By ALM Staff |

The waiting is the hardest part, and we want to make it a little easier. The National Law Journal’s annual Go-To Law Schools report will publish in full on Monday, March 6, but we’ll be providing a taste of the rankings throughout the week.

An Immigrant's Story: From The Fields of Mexico To a Landmark Idaho Supreme Court Ruling on a Disabled Worker’s Compensation Rights

By Steven A. Meyerowitz, Esq., Director, FC&S Legal |

This is the story of how Rodrigo Rodriguez, who was born in Mexico and who worked in the fields there as a young child, and who later immigrated to the United States, just litigated a landmark worker’s compensation issue before the Idaho Supreme Court – and won.

Uber headquarters in San Francisco

What to Make of Google-Uber Spat Over Driverless Cars

By Scott Graham |

Both companies have placed big bets on autonomous vehicles and view the technology race as a business imperative.

Douglas Clark of Wilson Sonsini.

Revenue Up, Profits Down at Wilson Sonsini

By Rebecca Cohen |

The firm's gross revenue ticked up 2.7 percent, but revenue per lawyer and profits per partner both declined during what managing partner Doug Clark calls "a year when we invested in the business."

Woman Sues Uber After Driver Allegedly Sexually Assaulted Her

By P.J. D'Annunzio |

The case is the most recent in a series of lawsuits filed against Uber involving claims that a driver sexually assaulted riders.

Robert Van Nest.

Four Tips for Winning IP Trials From Judges and Master Litigators

By Ross Todd |

The file cabinet Robert Van Nest used as part of a demonstration at trial against Oracle was thoroughly vetted, the Bay Area litigator said Thursday at a panel discussion on breaking down complex IP cases for juries.

Jay Edelson

Law Firm Dodges Class Claims in First-of-Its-Kind Data Security Case

By Roy Strom |

A federal judge ruled that claims against Chicago-based Johnson & Bell for allegedly failing to protect client information must proceed individually in arbitration, not lumped together as a class.

Travis Kalanick, CEO and co-founder of Uber Technologies Inc.

Uber Investigation Alone Won't Solve Company's Problems, Employment Lawyers Say

By David Ruiz |

A former engineer's published allegations that she was sexually harassed at Uber Technologies Inc. during her tenure at the ride-sharing company created ongoing tumult that is unlikely to be settled solely by an internal investigation launched in its aftermath, labor and employment lawyers and experts say.

Charles Verhoeven of Quinn Emanuel.

Alphabet Taps Quinn Emanuel Partner in Suit Over Self-Driving Cars

By Scott Graham |

Google parent Alphabet has turned to the litigator who waged its smartphone wars—Quinn Emanuel Urquhart & Sullivan partner Charles Verhoeven—for a suit over the future of self-driving cars.

Bill Voge of Latham & Watkins

Latham Has Another Outstanding Year, With Revenue Surpassing $2.8B

By Chris Johnson |

Latham & Watkins increased its gross revenue in 2016 for a seventh consecutive year.

Sanford Wadler.

Ex-GC of Bio-Rad Secures Additional $3.5M in Fees in Whistleblower Suit

By Ross Todd |

Bio-Rad Laboratories Inc. has agreed to tack on $3.5 million in attorney fees and costs to the $11 million tally it already owes former general counsel Sanford "Sandy" Wadler.

JAMS Fights Charges It Padded Former Judge's Business Bona Fides

By Ross Todd |

Suit against the ADR firm shows the complications that can follow when a litigant is also a customer.

The energy sector leads other industries in having firsthand experience using litigation finance, according to a new survey.

Partners Give High Marks to Litigation Funding, But Ethics Fears Persist

By Ben Hancock |

Litigation funding is making inroads with Big Law firms and clients in the energy, technology and automobile sectors, but ethics concerns continue to pose a hurdle to greater adoption of third-party financing arrangements, according to new survey results.

Meegan Brooks is an associate in the San Francisco office of Sedgwick LLP

FTC Report Highlights Privacy Concerns for Cross-Device Tracking

By Meegan Brooks |

On Jan. 23, the Federal Trade Commission (FTC) released a staff report (the report) on cross-device tracking, a commonly used practice that allows companies to associate multiple internet-based devices with the same consumer in order to track behavior across devices.

Michele Landis Dauber, Professor of Law and Sociology at Stanford Law School...CD43-200.Photo by Shelley Eades

Stanford Profs Call for Rehiring of Sex Assault Lawyer

By Karen Sloan |

Dismissal of outside attorney following her criticism of the university's procedure for handling cases draws ire of scholars.

Sabrina Cervantes.

California Needs Another Law School, State Legislator Says

By Cheryl Miller |

One week after California's state bar leader declared a "crisis" in legal education due in part to a decline in student applicants, a first-year lawmaker has introduced legislation endorsing the creation of a new law school at UC Riverside.

One of the Share Better anti-Airbnb ads

Airbnb and Its Critics in New York City Are Back in the Ring

By Joel Stashenko |

Airbnb and its critics in New York City are back in conflict over 2016 state rental law, with the company's supporters now charging that a state law penalizing those who advertise units illegally discriminates against minorities.

Judge Vince Chhabria, U.S. District Court for the Northern District of California

Calif. Judge Says Actor-Age Law Violates First Amendment

By Ross Todd |

U.S. District Judge Vince Chhabria also wrote in an order on Wednesday that a law barring from publishing the age of entertainers would do little to thwart age discrimination in Hollywood.

Tom Nolan, left, and Joshua Hamilton

Latham Expands in LA With Skadden, Paul Hastings Hires

By Rebecca Cohen |

Latham & Watkins has added two partners to its litigation practice in Los Angeles and Century City. Thomas Nolan joined the firm from Skadden, Arps, Slate, Meagher & Flom, and Joshua Hamilton joined from Paul Hastings.

Microsoft, Stripe Urge Federal Bank Regulators to Go Cautiously on Cyber Regs

By Joel Stashenko |

Microsoft and Stripe are urging federal banking regulators not to draw cybersecurity rules for the largest banks so narrowly that they exclude innovative technologies developed by innovative third-party providers.

Justice Sonia Sotomayor.

Supreme Court Limits Patent Liability for Component Makers in Global Supply Chain

By Scott Graham |

A unanimous court reversed the U.S. Court of Appeals for the Federal Circuit, ruling that shipping a single component cannot trigger a provision of the Patent Act that applies extraterritorially.

Dan Binstock of Garrison & Sisson.

Is Your Firm Guilty of Playing Lateral Partner Bingo?

By Dan Binstock |

In selling their firm to lateral candidates, firm leaders are often using the same pitches as their competitors. Recruiter Dan Binstock offers advice on differentiation.

Julie Q. Brush, Solutus Legal Search .

Should I let My First-Choice Employer Know About Another Job Offer?

By Julie Brush |

I'm interviewing for two different jobs and just got an offer for my second choice. Should I just take the offer or tell the first-choice employer about it to expedite their process?

Neel Chatterjee.

Star IP Litigator Jumps From Orrick to Goodwin

By Meghan Tribe |

Longtime Orrick, Herrington & Sutcliffe intellectual property partner Neel Chatterjee is joining Goodwin Procter's litigation department and intellectual property practice in its Silicon Valley office.

Judge Morris Jacobson, Alameda County Superior Court.8/03/07.CD 42-2007.Photo by Shelley Eades, The Recorder

Courts Plead With California Governor for $159M in More Funding

By Cheryl Miller |

Judges and executives representing 49 trial courts are calling on Gov. Jerry Brown to add $159 million to the judiciary's budget, saying his hold-the-line spending plan will lead to employee layoffs and courtroom closures.

Uber offices at 1455 Market St. in San Francisco.

Uber In-House Counsel Under Scrutiny in Alleged Harassment of Female Engineer

By David Ruiz |

Uber Technologies Inc. is responding to a female engineer's allegations that she was sexually harassed by a supervisor at her former employer by hiring former U.S. Attorney General Eric Holder to lead an internal review panel including top executives and the company's legal department.

Brian Kabateck, Kabateck Brown Kellner

Nightlife Violence: Who Is Responsible for Keeping It at Bay?

By Brian S. Kabateck, Benjamin S. Hakimfar and Joana Fang |

In an age of mass shootings and terrorist attacks, entertainment venues have a responsibility to implement stronger security measures to protect patrons.

Left to right: Randy Evans and Shari Klevens, Dentons partners

Preparing for the Unexpected Firm Dissolution

By Randy Evans and Shari Klevens |

Law firms are founded with the expectation of success. Partnership agreements are drawn up with beneficial interests in mind. Business development plans are set into motion. Staff and other attorneys are recruited with growth in mind. The concept of firm failure is usually not entertained in the same way.

Northern District of California Judges from left… top.. Lucy Koh, Richard Seeborg, Edward Chen. Bottom… Jon Tigar, Edward Davila, Yvonne Gonzalez Rogers.

Obama Puts Stamp on Patent Litigation With Northern District of Calif. Appointees

By Michael A. Jacobs and Matthew A. Chivvis |

Although President Barack Obama's time in office is complete, his impact on patent litigation in the Northern District of California is only beginning to be fully felt. Between 2010 and 2014, President Obama appointed 11 of the district's 14 current full-time district judges. Only the Southern District of New York is filled with more Obama appointees.

Paris, France.

Orrick hires four-lawyer Clifford Chance Paris team including local competition head

By Anna Ward |

Orrick Herrington & Sutcliffe has hired four lawyers from Clifford Chance in Paris, including local competition head Patrick Hubert.

Cyber Security

Are Courts the Next Frontier in Fight Against State Hacking?

By Ben Hancock |

Civil litigation under the Computer Fraud and Abuse Act could be used to go after state actors for cyberattacks—but it wouldn't be easy.

U.S. Capitol building in Washington, D.C.

Q&A: Why Class Action Reform Bill Isn't as Bad as It Seems

By Amanda Bronstad |

The Chicago plaintiffs lawyer argues that the bill, which has been called a "death knell" for class actions, would instead spur unnecessary litigation and increase defense costs.

Clete Johnson.

The Cyber Divide: Former FCC Cybersecurity Counsel on Government, Corporate Collaboration

By Ricci Dipshan |

Clete Johnson highlights the challenges government and private sector cybersecurity partnerships still face and discusses what counsel should know about modern cybersecurity risks.

Supreme Court nominee Judge Neil Gorsuch, left, walks down the hallway inside the Russell Senate Office Building to meet with Senator Jeff Flake (R-AZ) on Wednesday, February 8, 2017.

Neil Gorsuch Once Decried the Ever-Increasing Number of Criminal Laws

By Sue Reisinger |

Neil Gorsuch, standing before an audience of conservative lawyers in Washington several years ago, decried the thousands of federal criminal statutes on the books. "And the spigot keeps pouring, with hundreds of new statutory crimes inked every few years," Gorsuch, now President Trump's Supreme Court nominee, said then. Gorsuch's confirmation would bring some comfort to the white-collar defense bar and business advocates.

Judge Vince Chhabria, U.S. District Court for the Northern District of California

Chhabria, Set to Rule on Actor-Age Law, Spars With Its Defenders

By Ross Todd |

U.S District Judge Vince Chhabria made clear at a hearing Thursday that he's ready to scrap a California state law that requires online entertainment database to remove actors' ages on request.

President Donald Trump speaks during a news conference, Thursday, Feb. 16, 2017, in the East Room of the White House in Washington.

Trump Bashes 9th Circuit as Lawyers Pump Brakes on Travel Ban Appeal

By Ross Todd |

President Donald Trump took a shot at the Ninth Circuit during a press conference Thursday, saying the "circuit is in chaos."

Orrick in San Francisco

Orrick Bags Bay Area Squire Patton Boggs Tech Partner

By Rebecca Cohen |

The firm, having watched the bulk of its Hong Kong office decamp for Morgan, Lewis & Bockius, has hired technology partner Squire Patton Boggs in the Bay Area.

Vapor IO and SoundCloud Hire New GCs

By David Ruiz |

Cloud computing company Vapor IO based in Austin, Texas hired Catherine Bedell as general counsel this week. Audio hosting platform SoundCloud hired Amazon veteran Merritt Farren as GC.

State Bar of California to Adopt Court Technology Platform Odyssey

By Gabrielle Orum Hernández |

The State Bar of California is looking to the court technology platform to bolster its regulation of bar members. Here’s a look at the tool.

Thomas McHenry

Gibson Dunn Partner To Become Vermont Law Dean

By Karen Sloan |

Thomas J.P. McHenry will assume the school's top administrative post on July 1.


Ericsson, TCL Battle Over FRAND Patents in 'Cutting-Edge' Case

By Scott Graham |

The Southern California trial is likely to flesh out the limits on royalties that can be charged for standard-essential patents.

Katherine Ku

Wilson Sonsini Welcomes Second New Partner in Two Weeks

By Rebecca Cohen |

A week after welcoming back former technology partner Rezwan Pavri in Silicon Valley, Wilson Sonsini Goodrich & Rosati has recruited Munger, Tolles & Olson corporate and securities partner Katherine Ku in Los Angeles. Ku made partner at her former firm in 2013.

U.S. Patent & Trademark Office.

Berkeley Suffers 'Knockout Blow' in Gene-Editing Patent Fight With MIT

By P.J. D'Annunzio |

The U.S. Patent and Trademark Office found MIT's patents are distinct from Berkeley's before tossing the California university's interference claim.

Cooley's Tech Clients Buoyed Firm’s Finances in 2016

By Rebecca Cohen |

The firm saw its gross revenue surge by more than $60 million in 2016, to $974 million, while profits per partner rose by nearly $1 million, to almost $1.97 million. Head count at Cooley hit 854, an increase of more than 50 lawyers from 2015.

Ethics Rule Has Lit Funders Treading Carefully in Class Actions

By Ben Hancock |

Some industry players are steering clear of class actions because of a ban on attorneys sharing fees with nonlawyers. Others are willing to invest but structure their deals to avoid the rule.

Julie Q. Brush, Solutus Legal Search .

How to Explain Your Resignation in an Interview

By Julie Brush |

I refused to report to a person who made me feel uncomfortable. As a result, I was put on a performance plan. I just resigned with a severance, but am totally devastated. How do I address the circumstances of my departure in an interview?

Elizabeth Rindskopf Parker, executive director of the State Bar of California.

Frustrated Law Deans Take Bar-Exam Complaints to Lawmakers

By Cheryl Miller |

The head of California's state bar told lawmakers on Tuesday "there's no good answer" for why the state requires the second-highest bar exam passing score in the nation. The issue has caught the attention of legislators, who devoted three hours Tuesday to studying the complexities of law school admissions and testing—and hearing from frustrated law deans.

Want to Improve Associate Hiring? Follow Public Interest's Lead

By Karen Sloan |

Law firms could learn a thing or two from the way public interest law organizations and government agencies hire new attorneys.

Kim Rivera, Hewlett Packard

HP's GC Says 'Diversity Mandate' Embraced by Law Firms

By Jennifer Williams-Alvarez |

The legal profession has long struggled with diversity and inclusion. HP Inc. took a novel step in announcing that the company may withhold legal fees from law firms that don't meet diversity staffing requirements. Kim Rivera, HP's chief legal officer and general counsel, on Tuesday detailed the genesis of the fee-holdback program—and the early responses. "I spoke to GCs and law firm partners across the country and much to my gratification, they were very open and collaborative," Rivera said.

Jim Wagstaffe.

James Wagstaffe Defeated Bio-Rad With Storytelling

By David Ruiz |

Trial lawyer James Wagstaffe describes his winning strategy in the wrongful termination suit by whistleblower Sanford Wadler, former general counsel of Bio-Rad Inc. Wadler was awarded more than $15 million.

Beth Wilkinson of Wilkinson Walsh + Eskovitz.

Big-Law Roster Turns Out to Defend NFL's 'Sunday Ticket'

By Amanda Bronstad |

Covington & Burling, Kirkland & Ellis and Beth Wilkinson of Wilkinson Walsh + Eskovitz are working to shut down antitrust suits challenging the exclusive NFL-DirecTV broadcast deal.

Google Lawyer Says New Laws Needed to Govern Cloud Data

By Ben Hancock |

Companies responding to records requests from law enforcement often face conflicting mandates, said Google's chief counsel for law enforcement and security.

Left to right: Randy Evans and Shari Klevens, Dentons partners

Keeping Your Malpractice Insurance Costs In Check

By Randy Evans and Shari Klevens |

Legal malpractice insurance can save your career and your firm. Although maintaining coverage isn't mandatory in California, it is encouraged. Indeed, for some time, the Rules of Professional Conduct have required California attorneys to disclose to clients if they do not carry malpractice insurance (or if their insurance is terminated during the course of a representation).

U.S. Solicitor General Donald Verrilli Jr. in his office at the U.S. Department of Justice on June 24.

Behind Munger Tolles' Surprising Big Bet on DC

By Katelyn Polantz |

When former U.S. Solicitor General Donald Verrilli joined Munger, Tolles & Olson to launch a new office for the Los Angeles-based firm, it was an unconventional move on both sides.

Kim Rivera, Hewlett Packard

HP, Mandating Diversity, Will Withhold Fees From Some Firms

By Jennifer Williams-Alvarez |

In-house legal departments regularly encourage, and in some cases require, that outside firms have some level of diversity in staffing legal work. Hewlett-Packard Inc. has taken this mandate a step further—saying the company will withhold invoiced fees from firms that do not meet diversity requirements.

U.S. District Judge Jeffrey White, Northern District of California

Judge Blocks Privacy Suit Over Warriors App

By Ross Todd |

The ruling from an Oakland federal judge is the first to deal with privacy issues related to beacon technology used in apps.

Drone Group Airs Concern About Trump's 2-for-1 Regulatory Rollback

By C. Ryan Barber |

For many businesses, President Donald Trump's order to cut two existing rules for every new rule was a welcome harbinger for an era of fewer regulations. But the fledgling commercial drone industry—still sorting out the rules federal regulators rolled out in August—isn't so sure Trump’s 2-for-1 plan is a good deal.

Washington, D.C. offices of Morgan Lewis. June 10, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Morgan Lewis Nabs Four More From Orrick in Hong Kong

By Anna Zhang |

Of counsel Rosita Chu, Eli Gao, Yan Zeng and Roger Zhou will follow the footsteps of nine partners who all start at the Philadelphia-based firm on Monday.

Cristina Arguedas.

Ex-Akin Gump Partner Taps Big-Name Defense Lawyer

By Ross Todd |

Jeffrey Wertkin has hired Cristina Arguedas—lawyer to FedEx and former San Francisco Giants slugger Barry Bonds—to defend charges he tried to sell a sealed whistleblower complaint.

Left to right: Rod Sorensen and Jonathan Black, Payne & Fears

Lessons from 'Bio-Rad': Attorney-Client Privilege in Employment Actions Brought by In-House Counsel

By Rod Sorensen and Jonathan Black |

For many companies, the attorney-client privilege is akin to a security blanket. Executives take comfort in the fact that communications with the company's general counsel, especially those involving sensitive topics, will never see the light of day.

Joshua Rosenkranz

5 Takeaways From Oracle's Appeal of Google's Jury Win

By Scott Graham |

A key issue in Oracle's appeal is that the company was not allowed to show Google intended to directly compete with it by bringing Android products to the PC market.

U.S. Supreme Court nominee Judge Neil Gorsuch

What to Expect From Neil Gorsuch on IP, Patents and Trade Secrets

By Scott Graham |

Though Gorsuch's views on patents are mostly unknown, the Tenth Circuit judge has had plenty to say in other areas of intellectual property. And attorneys see signs that he might scale back some procedures created by the America Invents Act.

SEC Charges Chinese Investors Over $56M Insider-Trading Windfall

By P.J. D'Annunzio |

The U.S. Securities and Exchange Commission announced charges Friday against a Chinese investment manager and five brokerage account holders for allegedly reaping $56 million from insider trades in advance of the 2016 Comcast-DreamWorks merger.

California Seeks Banking Options for Budding Marijuana Industry

By Cheryl Miller |

Most banks will continue to shy away from doing business with the marijuana industry, even as more states legalize the drug's use, until Congress provides concrete legal protection for financial institutions, a banking regulation expert told California's Cannabis Banking Working Group on Friday.

U.S. Court of Appeals for the Ninth Circuit, where a three-judge panel heard arguments on the halting of the immigration ban.

In Travel Ban Case, Ninth Circuit Spontaneously Requests Briefing on En Banc Review

By Ross Todd |

One day after a panel ruling went against the Trump administration, an unidentified judge on the Ninth Circuit has called for a vote on whether the court should rehear the case en banc.

U.S. District Judge Lucy Koh

Judge Taps Plaintiffs Firms to Lead Yahoo Data Breach Cases

By Ross Todd |

U.S. District Judge Lucy Koh picked a five-firm coalition led by lawyers in Florida, California, New York and Minnesota.

Scalia's chair and the bench were draped in black after his death on Feb. 13.

5 Ways Scalia’s Death Changed the Supreme Court

By Tony Mauro |

It's been a year since the larger-than-life justice died unexpectedly, and in many ways, according to lawyers, the court feels like a different place.

Microsoft Wins Round Against Feds in Fight Over Secret Record Requests

By Ross Todd |

Judge James Robart in Seattle, who last week issued a TRO blocking President Trump's travel ban, will let Microsoft challenge rules that block companies from disclosing to customers when the government has requested their data.

Governor Jerry Brown

Commission Confirms Three Calif. State Appeals Judges

By Cheryl Miller |

The Commission on Judicial Appointments unanimously approved the nominations of San Diego County Superior Court Judge William Dato and Riverside County Superior Court Judge Richard Fields to the Fourth District Court of Appeal. Fresno County Superior Court Judge Kathleen Meehan was confirmed on a 3-0 vote to the Fifth District Court of Appeal.

U.S. Court of Appeals for the Ninth Circuit, where a three-judge panel heard arguments on the halting of the immigration ban.

Ninth Circuit, Asserting Its Role, Keeps Nationwide Block on Travel Ban in Place

By Ross Todd |

If there's a way to respond to a president who has taken aim at the federal judiciary, it's to speak with one voice. That's just what the Ninth Circuit did on Thursday with its per curiam opinion that struck back at the notion that a president's actions are unreviewable.

U.S. Department of Justice building in Washington, D.C.

Whistleblower Lawyers Fret Over Leaks After Akin Gump Partner’s Arrest

By Ben Hancock |

Whistleblower lawyers who worked with Jeffrey Wertkin while he was at the Department of Justice said his role was pivotal in their False Claims Act litigation.

Ken Paxton

Paxton Slams Eastern District in U.S. Supreme Court Patent Amicus Brief

By John Council |

While the Lone Star State's IP Bar frets over the possibility of losing the Eastern District of Texas as the nation's most favored patent infringement jurisdiction because of a pending U.S. Supreme Court decision, they'll get no sympathy from Texas Attorney General Ken Paxton.

Paul Mohun

After Decade at The Gap, Real Estate Pro Returns to Reed Smith

By Rebecca Cohen |

Reed Smith has brought back Paul Mohun, a former partner and ex-associate general counsel for real estate at The Gap Inc. in San Francisco, for its real estate group in the Bay Area. Mohun also has some personal involvement in the real estate business, having once founded The Carneros Inn in Napa Valley.

Why the Ninth Circuit Shouldn't Be Split

By Ross Todd |

We asked appellate lawyers to share their best arguments for preserving the nation's largest—and most controversial—appeals court.

Erich Andersen.

Microsoft Offers 'Umbrella' to Customers Sued Over Azure Cloud Innovations

By Scott Graham |

Microsoft Corp. has announced it will make 10,000 patents available to customers who face lawsuits over innovations that run on Azure, Microsoft's cloud computing platform, and will expand its indemnification program.

Michael Carvin.

With Hopes Pinned on Gorsuch, Jones Day Launches Fresh Attack on Union Fees

By Amanda Bronstad |

The lawyers who attempted to convince the U.S. Supreme Court to dismantle 40-year-old case law, only to lose in a 4-4 decision, clearly think the political winds have shifted in their favor.

Speak Up, Find Mentors and Other Tips From Women Attorneys at the Top

By Amanda Bronstad |

We distill the best lessons from Paul Hastings partner Nancy Abell and others at this month's inaugural Women LEAD conference at UCLA School of Law.

Akin Gump Strauss Hauer & Feld offices in Washington, D.C. November 10, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Akin Gump Partner's Arrest Highlights Hiring Risks for Firms

By Scott Flaherty |

Federal prosecutors have accused an Akin Gump Strauss Hauer & Feld partner—and a government lawyer himself until last year—of hawking a copy of a nonpublic whistleblower complaint to a company facing a False Claims Act lawsuit.

Following Membership Surge From Trump Immigration Order, ACLU Goes Tech With Y Combinator

By Gabrielle Orum Hernandez |

The civil liberties group will collaborate with the Silicon Valley tech incubator on updates to its constituent management, fundraising, and education technology.

Julie Q. Brush, Solutus Legal Search .

Should I Apply for the Same Job As My Friend?

By Julie Q. Brush |

My friend told me about a job he was excited about and was interviewing for. It sounds like the perfect job for me and I want to apply, too. Would this be inappropriate?

Left to right: Randy Evans and Shari Klevens, Dentons partners

Ethical Approaches to Downsizing

By Randy Evans and Shari Klevens |

Even as firms capitalize on economies of scale and project further expansion as the economy strengthens, downsizing remains a reality in all major markets, including California.

Richard Clifton, Michelle Friedland, and William Canby.

In Travel Ban Appeal, Judges Don't Accept 'We’re in a Rush' Excuse

By Scott Graham |

Lawyers prepared for Tuesday's Ninth Circuit arguments under extreme time pressure. But the judges wouldn't cut them any breaks.

Sanford Wadler

5 Takeaways From Bio-Rad's Trial Loss, and Its Ousted GC's Win

By David Ruiz |

Former Bio-Rad GC Sanford Wadler's jury win of $2.9 million in back pay and $5 million in punitive damages for wrongful termination Monday holds some lessons for companies and their attorneys.

Eric Holder Jr., Covington & Burling

Eric Holder, Calif. Lawmakers Huddle Over Trump Strategy

By Cheryl Miller |

Former U.S. Attorney General Eric Holder Jr. came to Sacramento Tuesday to meet with some of his newest clients, California's legislative Democrats.

Manhattan District Attorney Cyrus Vance, Jr. and Gibson, Dunn & Crutcher partner Thomas Dupree, Jr. in Albany Tuesday

Facebook, DA Argue Over Constitutionality of Search Warrants

By Joel Stashenko |

A lawyer for Facebook argued Tuesday before New York state's highest court that the Manhattan district attorney's investigation of 381 account holders could ultimately threaten the confidentiality of information about all the social medial company's New York users.

John Olsen, New York Executive Director of the Internet Association

Lobbying Group for Airbnb, Uber Opens Office in Albany

By Joel Stashenko |

The Internet Association, a trade group for Uber, Airbnb and other web-based companies, said it is opening an Albany office to "engage" New York state public policy makers.

Richard Clifton, Michelle Friedland, and William Canby.

What the Ninth Circuit Is Saying About Trump Travel Ban

By Ross Todd |

It was Judge Michelle Friedland, the most junior judge on the panel, who opened the hearing and had the first pointed question for the lawyer representing the Trump administration.

U.S. Centers for Disease Control and Prevention headquarters.

CDC Quarantine Rule Imposes New Duties on Airlines

By Kristen Rasmussen |

U.S. regulators are moving ahead with a new rule that imposes new burdens on airlines and their staffs to identify and report to federal authorities passengers who are ill and subject to quarantine, a response to the Ebola outbreak in 2014.

U.S. Supreme Court building.

What's Next in Hot-Button Travel Ban Litigation?

By Tony Mauro |

A tangle of possibilities lie on the other side of Tuesday's Ninth Circuit showdown. We look at the possible paths.

Daniel Petrocelli, O'Melveny & Myers

O'Melveny Litigator Joins Fray Over SF's Leaning Millennium Tower

By Ben Hancock |

Daniel Petrocelli, who defended Donald Trump in litigation over Trump University, will lead litigation for the homeowners association against the building's developer.

Andrew Pincus of Mayer Brown

Ninth Circuit Gets Lesson on Post-'Spokeo' Case Law

By Amanda Bronstad |

The appeals court is getting conflicting guidance as it prepares to rule on the standing issue that propelled 'Spokeo v. Robins' to the U.S. Supreme Court.

Former Bio-Rad General Counsel, Sanford Wadler (left) leaves the U.S. District Court for the Northern District of California

Ousted Bio-Rad GC Wins Whistleblower Case

By David Ruiz |

The jury awarded Sanford Wadler $2.9 million in back pay and stock compensation, which will be doubled, plus $5 million for punitive damages.

Ivo Labar, right, and James Wagstaffe, left, of Kerr & Wagstaffe leave the U.S. District Court for the Northern District of California.

Former Bio-Rad GC Asks Jury for $35 Million in Damages

By David Ruiz |

In closing arguments attorney James Wagstaffe asked the jury to award his client, former Bio-Rad Laboratories Inc. general counsel Sanford Wadler, $8.29 million in past and future compensatory damages for alleged wrongful termination.

Joshua Hill Jr. of Morrison & Foerster.

MoFo Snags Sidley Litigator in San Francisco

By Rebecca Cohen |

Joshua Hill Jr., a former federal prosecutor who spent the past four years as a partner at Sidley Austin in San Francisco, has joined Morrison & Foerster’s headquarters in the Bay Area. Hill specializes in white-collar defense and investigations work.

Protesters rally in front of John F. Kennedy International Airport in New York, Sunday, Jan. 29, 2017. President Donald Trump's immigration order sowed more chaos and outrage across the country Sunday, with travelers detained at airports, panicked families searching for relatives and protesters registering opposition to the sweeping measure that was blocked by several federal courts..

Why Companies From Apple to Zynga Oppose Trump’s Travel Ban

By Sue Reisinger |

Some 128 U.S. companies, led by tech giants Apple Inc., Google Inc. and Microsoft Corp., have joined a friend-of-the-court brief filed Sunday in the U.S. Court of Appeals for the Ninth Circuit saying the Trump travel ban “makes it more difficult and expensive for U.S. companies to recruit, hire, and retain some of the world’s best employees."

Media outside the United States Court of Appeal for the Ninth Circuit.

At Ninth Circuit, Big Law Makes Its Stand Against Trump Travel Ban

By Ross Todd |

Even Jones Day, a firm that has seen at least a dozen of its lawyers take key posts in the Trump administration, joined the legal fight Monday, spurring acting Solicitor General Noel Francisco, a former Jones Day lawyer, to hold back from signing the Justice Department's latest brief.

ABA Rejects Stricter Bar-Pass Rule for Law Schools

By Karen Sloan and Celia Ampel |

A coalition of law deans and diversity advocates mounted a fourth-quarter campaign against the proposal.

Stockholder Denied Access to Tesla's Books and Records

By Tom McParland |

The Delaware Court of Chancery has refused to open the books of electric carmaker Tesla Motors Inc. to a stockholder who accused the company of fabricating explanations for failing to meet its sales and production benchmarks.

President Donald Trump’s Supreme Court Nominee Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit, addressing media during a meeting with Senator Chuck Grassley (R-IA), on February 1, 2017.

Gorsuch Supports Two-Year Law School, but Scalia Dissents

By Marcia Coyle |

Judge Neil Gorsuch and President Barack Obama agree at least on one thing: a third-year of law school should be optional. Gorsuch questioned the need for three years of law school in a September 2015 paper he presented at the United Kingdom-United States Legal Exchange in London. One of Gorsuch's legal heroes—the late Justice Antonin Scalia—vigorously objected to the notion of two-year law school.

Behind the $500M Curtain: How Skadden Handed Wilkinson Her First Trial Loss

By Jenna Greene |

After three days of deliberating, the federal jury in Dallas was back, ready to answer a $6 billion question: Did Facebook Inc. steal virtual reality technology for the Oculus Rift from Skadden's client, videogame maker ZeniMax Media Inc.?

Thousands of protestors decended on SFO in response to President Trumps executive order denying refugees and foreign citizens from predominantly Muslim countries entry into the U.S.

Keker Lawyers Sue Trump on Behalf of Foreign-Born Berkeley, Stanford Students

By Ross Todd |

The suit, which comes on the heels of dozens of similar suits filed across the country, argues the president's executive order on immigration is unconstitutional.

Facebook Seeks to Argue Unconstitutionality of User Account Warrants in NY Court

By Joel Stashenko |

New York state's highest court will hear arguments this week into whether Facebook may challenge the constitutionality of search warrants that Manhattan's district attorney issued for information of the accounts of 381 of its users.

Judge Thelton Henderson receives the 2013 Thurgood Marshall Award from the American Bar Association on Saturday, August 10th at the Westin St. Francisco Hotel in San Francisco. ..

Viewpoint: Judge Henderson, Successful Both at Sea and on Land

By Morton Cohen |

The author claims to be a far better fisherman and poker player than Judge Thelton Henderson. But somehow, the judge always manages to catch more, bigger fish, and win at the poker table.

Thomas Siebel, CEO of C3 IoT Inc. and founder of Siebel Systems, speaks during the 2015 IHS CERAWeek conference in Houston, Texas, U.S., on Thursday, April 23, 2015.

Small Sums, Big Guns: This Billionaire Would Rather Skirmish Than Settle

By Ben Hancock |

Thomas Siebel is either a man who stands up for his principles, or someone who uses his vast resources to grind his opponents into the ground. Either way, he's probably not someone you want to be litigating against.

Google offices in Mountain View.

$5.5M Settlement Approved in Google Cookie Class Action

By Tom McParland |

A Delaware federal judge on Thursday gave final approval to a $5.5 million settlement between Google Inc. and a nationwide class of plaintiffs that had challenged the tech giant's practice of overriding cookie blockers to access users' internet history information.

Ashok Ramani

New Patent Litigation Rules Require Earlier Damages Estimates

By Scott Graham |

The rules rolled out in the Northern District of California seek to avoid last-minute challenges that throw trials into chaos.

Snapchat APP on a phone.

Cooley, Goodwin Procter Snag Roles on Snapchat IPO

By Rebecca Cohen |

Snap Inc., the parent company of photo-sharing and messaging service Snapchat, is seeking to raise $3 billion through an initial public offering. The company, which is being advised by Cooley in its effort to go public, also disclosed in securities filings how much it has paid Munger, Tolles & Olson for legal work over the past three years.

Customers buy products at the Harvest Medical Marijuana Dispensary in San Francisco, on April 20, 2016.

Calif. Judges Should Have No Business With Marijuana, Draft Rules Say

By Cheryl Miller |

California judges should not hold any financial stake in marijuana businesses, even though medical and now recreational cannabis use is legal in California, a state Supreme Court ethics committee says in a draft opinion.

Appeals Court Blocks Target Data Breach Settlement

By Amanda Bronstad |

The ruling from the U.S. Court of Appeals for the Eighth Circuit sets up a debate over one of the thorniest issues in data breach cases—whether and how to compensate individuals for the theft of personal information when it cannot be tied to financial injury.

FBI Official: Feds Can't Compete With Top Tech Companies for Cybersecurity Analysts

By Joel Stashenko |

The United States has a shortage of security analysts qualified to stop cyberattacks, and trouble competing with high-tech companies such as Google and Microsoft also trying to recruit them, FBI and private sector computer experts said.

Ivo Labar and James Wagstaffe, Kerr & Wagstaffe leave the U.S. District Court for the Northern District of California.

Davis Polk Partner Says Bio-Rad GC Kept Pushing Flimsy Claims

By David Ruiz |

Martine Beamon, who was hired to investigate potential FCPA violations, testified Thursday that the company's general counsel rejected her firm's conclusion that the suspicions were "meritless."

Stanford Law Prof's Novel Satirizes 'U.S. News' Rankings Horse Race

By Karen Sloan |

"Legal Asylum" by Paul Goldstein spotlights a corrosive impact on law schools.

Joe Dunn

Dysfunction on Display as Joe Dunn Faces Off Against Bar Over Firing

By Scott Graham |

Leaks, secret meetings and bar politics were featured topics on the first day of the arbitration to decide the legality of Dunn's ouster as the bar's executive director.

Sen. Kamala Harris (D-CA).

In Calif., Gorsuch Pick Greeted With Concern, Pragmatism

By Ben Hancock and Ross Todd |

Some legal scholars say the Denver appeals judge may be the best that a blue state like California can hope for.

Draft Executive Order Targeting Worker Visas Shakes Silicon Valley Tech Companies

By David Ruiz |

The torrent of drastic changes to U.S. immigration law—including a draft proposal of an executive order to restructure and possibly rescind entire worker visa programs—has sent Silicon Valley tech companies into a frenzy, seeking legal help for a multitude of questions.

California Bankruptcies Sweep Up DLA Piper, Other Firms

By Meghan Tribe |

From real sports to fantasy sports, two gaming companies filed for bankruptcy in California on Tuesday, owing thousands of dollars to several law firms.

Dallas Jury Slaps Facebook With $500M Verdict in Oculus IP Case

By John Council |

In a win for lawyers at Skadden, Arps, Slate, Meagher & Flom, a Dallas jury found Facebook-owned Oculus with a $500 million verdict.

San Francisco 49ers cheerleaders (AP Photo/Marcio Jose Sanchez)

NFL Cheerleaders Sue League Over Pay, Noncompete Pacts

By Ross Todd |

Suit claims that NFL teams agreed not to recruit dancers and set other rules that have left cheerleaders underpaid in a multibillion-dollar industry.

California Law School Deans Want Bar Exam Pass Score Lowered

By Cheryl Miller |

The deans of 20 California law schools on Wednesday asked the state Supreme Court to temporarily lower the bar exam’s minimum passing score to let the State Bar study whether the number is unjustifiably high.

VW Agrees to Pay Another $1.2B in Diesel Emissions Cases

By Amanda Bronstad |

The latest settlement, which comes on top of a similar $14.7 billion payment, resolves lawsuits brought by consumers and the U.S. Federal Trade Commission over 3.0-liter diesel engine vehicles.

Julie Q. Brush, Solutus Legal Search .

How to Exclude Your Current Boss From Your Reference List

By Julie Brush |

Sometimes two people are just oil and water. It may not be anyone’s fault … necessarily; it may be that you just don’t really click–or see eye to eye on one thing or another. When that other “eye” happens to be your boss’s, it can make for not only a rocky employment period, but the relationship can become a liability come reference-checking time–as a lukewarm or negative review from a former boss will frequently spike a candidacy. So how does a candidate navigate this situation without compromising his/her candidacy?

Former Bio-Rad General Counsel, Sanford Wadler (left) leaves the U.S. District Court for the Northern District of California

Bio-Rad Trial Witnesses Claim Outburst, Obstruction by Ex-GC

By David Ruiz |

Bio-Rad Laboratories Inc. chief financial officer Christine Tsingos added a new claim to the company's case against fired general counsel Sanford Wadler in court Tuesday: Wadler allegedly once became openly hostile in a meeting, pounding his fists and yelling at the room.

Judge Neil Gorsuch shakes hands with President Donald Trump as he is  announced as Trump's choice for Supreme Court Justice during a televised address from the East Room of the White House in Washington, Tuesday, Jan. 31, 2017 (AP Photo/Carolyn Kaster)

Gorsuch, Drawing Scalia Comparisons, Comes Under Microscope

By Marcia Coyle |

The U.S. Supreme Court nomination of Judge Neil Gorsuch triggered a range of responses across the legal and political spectrum Tuesday as lawyers and advocacy groups touted—and criticized—his positions on regulatory matters and civil rights.

Judge Neil Gorsuch.

Neil Gorsuch: In His Own Words

By Tony Mauro |

Here are some of the Supreme Court nominee's most memorable comments on assisted suicide, the changing work of trial lawyers, and the death of the justice he’s been named to replace.

Judge Neil Gorsuch.

Trump Chooses Neil Gorsuch, Ivy League Conservative, for Supreme Court

By Tony Mauro |

In choosing Neil Gorsuch for the U.S. Supreme Court, President Trump opted for a candidate with traditional credentials shared by most modern-day justices. A Colorado native with a degree from Harvard Law School, Gorsuch clerked for Justice Byron White and Anthony Kennedy on the Supreme Court. "In our legal order, it is for Congress and not the courts to write new laws. It is the role of judges to apply, not alter, the work of the people’s representatives," Gorsuch said at the White House.

Left to right, immigration lawyer Junaid Sulahry stands in the international arrivals hall of San Francisco International Airport with fellow attorney volunteers Julie Hiatt and Marianna, who declined to give her last name.

On the Bright Side, Lawyers Are Suddenly Popular

By Jenna Greene |

If there’s any silver lining to the first 11 days of the Trump administration, it’s this: lawyers are suddenly beloved—at least by the masses who oppose the president’s policies.

Left to right: Randy Evans and Shari Klevens, Dentons partners

The High Price of Legal Malpractice Claims

By Randy Evans and Shari Klevens |

Across the country, firms large and small continue to face big exposures because of avoidable mistakes or because of aggressive plaintiffs. Time and again, these claims result in multimillion-dollar legal malpractice payouts.

San Francisco City Attorney Dennis Herrera with staff announcing a lawsuit filed today over the executive order stripping funding from sancturary cities.

SF Sues Trump to Block Order Aimed at 'Sanctuary' Cities

By Ross Todd and Ben Hancock |

City Attorney Dennis Herrera said at a press conference Tuesday morning that he hopes the suit will send a message to the president that he’s “not emperor who rules by fiat.”

Justice William Bedsworth, California Court of Appeals for the Fourth District

Bedsworth: Insult to Injury

By William W. Bedsworth |

In which our columnist muses on the German law against insulting people.

Lori Ajax, head of California's Bureau of Medical Cannabis Regulation.

California Considers Options to Meet Marijuana Deadline

By Cheryl Miller |

California officials will likely need to rely on emergency rules, provisional licenses and grace periods to ensure the state's recreational marijuana market is up and running by Jan. 1, 2018, the state's lead pot regulator said Monday.

Thousands of protestors decended on SFO in response to President Trumps executive order denying refugees and foreign citizens from predominantly Muslim countries entry into the U.S

At SFO, Weary Lawyers Dig In for Work Ahead

By Ben Hancock |

After the weekend’s flurry of volunteer efforts, advocacy groups are now organizing shifts to staff the airport with volunteer attorneys for the days ahead.

Thousands of protesters decended on SFO in response to President Trump's executive order denying refugees and foreign citizens from predominantly Muslim countries entry into the U.S.

Lawyers for Detainees Get Help From a Hashtag

By Ben Hancock |

A loose coalition of social media activists is pushing to help lawyers camped out at airports around the country.

Pokemon Go

Lawyers for Pokemon Go Maker Try for KO of Property Owners' Suit

By Ross Todd |

Lawyers for the company behind Pokémon Go have taken their first swing at knocking out a lawsuit that tests whether property owners can hold the makers of augmented reality games liable for players' actions in the real world.

Taraneh Maghame.

Former Apple Patent Lawyer Taraneh Maghamé Heads to Via Licensing Corp.

By David Ruiz |

Former Apple Inc. intellectual property veteran Taraneh Maghamé joins independently run Dolby Labs subsidiary Via Licensing Corp. as senior director of wireless programs and corporate development.

Thousands of protestors decended on SFO in response to President Trumps executive order denying refugees and foreign citizens from predominantly Muslim countries entry into the U.S

Slideshow: Protesters Rally Against Trump Immigration Ban

By Recorder Staff |

As lawyers around the country responded this weekend to President Donald Trump’s executive order, protesters also raised signs and voices.

Thousands of protestors decended on SFO in response to President Trumps executive order denying refugees and foreign citizens from predominantly Muslim countries entry into the U.S

Immigrant Advocates Plot 'Beginning of Legal Resistance' to Trump

By Marcia Coyle |

More than 4,000 lawyers had signed up to volunteer legal services across the country by Sunday in response to the Trump administration's swift move to restrict immigration travel from seven predominantly Muslim countries. President Donald Trump's executive action Friday brought nationwide confusion—and mass protests—as lawyers, major airlines and national companies struggled to assess the scope of the travel bans.

Merger Conflict Helps Orrick Fill Top Tech Post

By Nell Gluckman |

Orrick, Herrington & Sutcliffe capitalized on a recent merger between two competitors to land new talent, hiring a new tech practice leader in its Silicon Valley office.

Iced Latte Coffee.

Judge Sanctions Lawyer Accused of Tossing Coffee at Opposing Counsel During Deposition

By Ross Todd |

Valeria Calafiore Healy must pay her opponent $250 for belongings that were damaged in the great coffee kerfuffle of 2016.

U.S. District Judge Thelton Henderson, Northern District of California

Latham Out, Jenner In for PG&E Post-Trial

By Ross Todd |

Latham partner Steven Bauer, who led PG&E's trial team in a case stemming from the 2010 San Bruno blast, confirmed his team would be stepping aside.

How Patent Policy Made Qualcomm an Antitrust Target

By Scott Graham |

The chipmaker has been hit with suits in the U.S. and China following an FTC action in the waning days of the Obama administration.

From Finance to Photog, MoFo Lawyer Embarks on New Adventure

By Rebecca Cohen |

When F. Daniel Leventhal started practicing corporate finance law 35 years ago, he said enjoyed being able to travel and meet people. Those aspects of the job dwindled over the past decade, but Leventhal is looking forward to new horizons.

Rex Tillerson.

Lawyers Spar Over Rex Tillerson Depo in Climate Change Suit

By Ross Todd |

U.S. senators aren't the only ones with questions for President Donald Trump's State Department nominee. Bay Area plaintiffs firm Cotchett, Pitre & McCarthy wants a chance to grill Rex Tillerson in litigation over climate change.

Left to right: Scott Webster and Blake Liggio of Goodwin Procter

New Goodwin Procter Partner a Transgender Trailblazer in Big Law

By Meghan Tribe |

Blake Liggio recently made partner at Goodwin Procter, making him one of the first outwardly transgender partners at an Am Law 100 firm. Liggio and Goodwin Procter partner Scott Webster reflect on the challenges he faced and ways that large firms can create a more inclusive environment.

Judge Keeps OmniVision Patent Suit in Del., Eschews Calif.

By Tom McParland |

A federal judge on Wednesday recommended that a patent dispute over semiconductor devices used in video game accessories be kept in Delaware, a major roadblock in OmniVision Technologies Inc.'s bid to have the litigation shipped to California.

Snapchat APP on a phone.

Snapchat Win Tests CDA Immunity in Age When Apps Are Everywhere

By Greg Land |

The Communications Decency Act of 1996 shields interactive computer services from liability for third-party posts, but the edges of that protection continue to be defined.

Former Bio-Rad General Counsel, Sanford Wadler (left) leaves the U.S. District Court for the Northern District of California.

Bio-Rad's FCPA Review Gets Picked Over at Trial

By David Ruiz |

Lawyers for Bio-Rad's former GC, Sanford Wadler, portray the company's internal investigation as cursory.

Paul Watford

Ninth Circuit Slams MJ for Approving 'Worthless' Class Action Settlement

By Amanda Bronstad |

U.S. Circuit Judge Paul Watford, writing for the majority, rejected a no-cash settlement with debt collector ARS National Services, finding "no evidence" that it would provide value to roughly 4 million class members.

U.S. District Judge Edward Chen, Northern District of California

Accused of Racial Bias, Feds Drop 'Safe Schools' Cases

By Ben Hancock |

U.S. District Judge Edward Chen couldn't get a straight answer Wednesday for why prosecutors suddenly abandoned charges in cases that defense lawyers had said were tainted by racial bias.

Michael Tanenbaum.

Drinker Enters Dallas as Sedgwick Sheds 40 Lawyers in Texas, New Jersey

By Lizzy McLellan |

Fifteen partners are splitting from Sedgwick in the New York region and Texas, forming a boutique in the Northeast and launching a new office for Drinker Biddle & Reath in Dallas.

In PACER Suit, a Class Action Even Defense Lawyers Can Love

By Amanda Bronstad |

Paying too much for PACER? You could get an email notice later this spring to join a class action that seeks refunds for several hundred thousand people who allege the electronic court service has charged excessive fees.

Julie Q. Brush, Solutus Legal Search .

Deciphering Feedback From Potential Employers

By Julie Brush |

Employers are careful with their communications to candidates. And there are several reasons that drive the desire keep the real meaning of their words between the lines

Randy Evans and Shari Klevens, Dentons partners.

Tips for Insurance Applications

By Randy Evans and Shari Klevens |

Applying for professional malpractice insurance is sometimes considered a chore. Too many law firms and attorneys breeze through insurance applications, without carefully considering their responses to each question and the implications. However, failing to properly answer questions can create serious risks for law firms.

Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

Viewpoint: Third-Party Litigation Funding: A Dubious Proposition

By Lisa A. Rickard |

Third-party litigation funding companies are investors first and foremost, and they base their funding decisions on the present value of their expected return. This means that even if a lawsuit has little or no merit, it may be a worthwhile investment if there is a potential (however small) to recover a very large sum of money.

U.S. Justice Department headquarters in Washington.

Dechert Partner Is Trump's Likely Pick to Head 'President's Law Firm' Within DOJ

By Tony Mauro |

Steven Engel is the presumptive nominee to head the Justice Department's Office of Legal Counsel, according to sources with knowledge of the vetting process.

U.S. Justice Department headquarters in Washington.

Former Kozinski Clerk Is Trump’s Likely Pick to Head ‘President’s Law Firm’ Within DOJ

By Tony Mauro |

Steven Engel is the presumptive nominee to head the Justice Department's Office of Legal Counsel, according to sources with knowledge of the vetting process.

Steve Berman of Hagens Berman

After VW Accord, Berman Targets Chrysler's 'Clean Diesel' Vehicles

By Amanda Bronstad |

Steve Berman was wrapping up the $1.2 billion emissions settlement for Volkswagen's franchise dealers last month when he turned to a new automaker, Chrysler, filing a consumer class action alleging thousands of its Dodge Ram and Jeep Grand Cherokee clean diesel vehicles emitted dangerous levels of nitrogen oxides.

New Litigation Funding Rule Seen as 'Harbinger' for Shadowy Industry

By Ben Hancock |

A disclosure mandate in the Northern District of California could trigger a wider transparency debate.

Patrick M. Norton, Esq., JAMS mediator and arbitrator.

Bio-Rad's FCPA Lawyer Details Run-In With Ousted GC

By Ross Todd |

Testifying for Bio-Rad on Tuesday, a former Steptoe & Johnson LLP partner said he recommended the company's longtime GC be fired.

U.S. Congressman Xavier Becerra (D-CA), Attorney General nominee for the state of California. December 8, 2016.

Xavier Becerra's First 100 Days—4 Things to Watch

By Cheryl Miller |

After a whirlwind nomination and confirmation process, Xavier Becerra was sworn in Tuesday as California's 33rd attorney general. The first Latino to hold the position as California's top prosecutor told reporters to "fasten your seat belts" because "I just got the keys to the car. So get ready." He'll have plenty of other issues filling his agenda in his first 100 days. Here is a look at four of them.

Arnold & Porter Kaye Scholer Among Bankrupt ATopTech's Creditors

By Meghan Tribe |

ATopTech, a software company on the losing end of a $30 million IP battle with Synopsys last year, filed for bankruptcy last week in Delaware. Arnold & Porter, Dorsey & Whitney and Wilson Sonsini are advising AtopTech in its Chapter 11 case. Arnold & Porter is owed at least $3.5 million for its work as special litigation counsel to the debtor.

Edward J. Davila.

Judge Finds No Jurisdiction for Trade Secrets TRO

By Scott Graham |

A U.S. District judge ruled the use of Gmail alone is not enough to establish jurisdiction in California.

Andrew Ceresney, Co-Director of the Division of Enforcement at the U.S. Securities and Exchange Commission. June 27, 2013. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Ceresney, Back at Debevoise, Predicts Strong SEC Under Trump

By Christine Simmons |

As he returns to his old firm, Andrew Ceresney says the U.S. Securities and Exchange Commission won't lose momentum under Donald Trump's administration.

450 Golden Gate, United States District Court for the Northern District of California

Northern District, First in Nation, Mandates Disclosure of Third-Party Funding in Class Actions

By Ben Hancock |

The rule change is narrower than an earlier proposal which drew opposition from major litigation funders.

Norman Schwartz, Bio-Rad CEO

Outside Counsel Complained About Bio-Rad GC, CEO Says

By Ross Todd |

Bio-Rad CEO Norman Schwartz, who testified Monday in the company's whistleblower trial, said attorneys at two firms raised concerns about the company's general counsel before he was fired.

California State Supreme Court

Justices Back Calif. Insurance Commissioner in Feud With Industry

By Ben Hancock |

The California Supreme Court dealt a blow to property insurers on Monday with a ruling that endorses the commissioner's rulemaking authority and reinstates a rule governing home replacement cost estimates.

U.S. Congressman Xavier Becerra (D-CA), Attorney General nominee for the state of California. December 8, 2016.

Xavier Becerra's 'Ready to Fight' After Winning Confirmation

By Cheryl Miller |

California's Senate on Monday voted to confirm Xavier Becerra as the next attorney general, putting the 12-term U.S. congressman from Los Angeles one step closer to becoming the state's legal point man in any battles with the Trump administration.

Richest Firms Pulled Ahead in 2016 as Some Regions Struggled

By Nell Gluckman |

The top performing law firms continued to pull away from the rest of the Am Law 200 last year, according to a report released Monday by Wells Fargo Private Bank's Legal Specialty Group. Meanwhile certain regions, including the mid-Atlantic states, struggled to achieve even modest revenue growth.

LA Federal Judge Mulls Sealing Records in Settled Case Over Alleged Auto Defect

By Amanda Bronstad |

A federal judge in Los Angeles wrestled on Monday with whether to keep certain documents sealed in a case against Chrysler that prompted the defense bar last year to ask the U.S. Supreme Court to review the standards of sealing court records.

Contract Dispute

Patent Plaintiff Eyes Supreme Court in Prickly Fight Over Contingency Fees

By Scott Graham |

In a win for Jenner & Block, the court let stand a $4.4 million fee award for work performed in a patent suit before the firm withdrew and new lawyers secured a settlement.

Hong Kong

Morgan Lewis Heads to Hong Kong After Orrick Raid

By Anna Zhang |

At least nine partners are poised to join Morgan, Lewis & Bockius from Orrick, Herrington & Sutcliffe. Once the mass move is complete, up to 40 lawyers and staff could head to the Philadelphia-based Am Law 100 firm, which has been busy in recent months bolstering its operations in Asia.

Yahoo Inc. headquarters in Sunnyvale, Calif.

How Many Plaintiffs Firms Does It Take to Run an MDL?

By Ross Todd |

Competition for the lead counsel role in data-breach litigation against Yahoo has some lawyers complaining there may be too many cooks in the courtroom.

Annette Hurst, Orrick partner

Orrick, With Eye on Tech, Mints New Partner Class

By Rebecca Cohen |

Orrick, Herrington & Sutcliffe is promoting 18 lawyers to partner this year. The makeup of the 2017 class, half of which is spread around the firm’s California offices, reflects Orrick's belief that technology will continue to drive the Golden State’s economy, firm leaders said.

Mark P. Robinson, Jr., of Robinson Calcagnie Robinson Shapiro Davis, Inc.

Calif. Lawyer Isn't Waiting for MDL to Press Talc Cases in State Court

By Amanda Bronstad |

California likes to be different. Attorney Mark Robinson made that distinction clear when discussing how to move forward on dozens of California lawsuits filed on behalf of more than 300 women who claim they now have ovarian cancer from prolonged use of Johnson & Johnson's talcum powder products.

Justice Ruth Bader Ginsburg speaks at an event sponsored by Duke University and held at Jones Day in Washington, DC on Aug. 4, 2016. Photo: Jay Mallin

'Slants' Decision May Reach Beyond Disparaging Trademarks

By Scott Graham |

Here are four takeaways from Wednesday's U.S. Supreme Court that saw unprepared attorneys and signs that the justices could craft a narrow decision excluding the Washington Redskins.

Michelle Lee, United States Patent Trade Office

Tech Industry Lauds Report That Lee to Stay With USPTO

By Scott Graham |

Keeping Michele Lee would ensure continuity at the PTO as Donald Trump's administration steps into the White House.

Squire Patton Boggs Snags Silicon Valley IP Boutique

By Rebecca Cohen |

Fernando & Partners, a four-lawyer IP firm in Palo Alto, California, has agreed to join Squire Patton Boggs. The move comes almost a year after Squire Patton Boggs absorbed another Golden State-based litigation firm.

Justice Goodwin Liu, California State Suprme by Jason Doiy

Goodwin Liu: In Praise of Judicial Federalism

By Goodwin Liu |

The associate justice of the California Supreme Court explains his view that judicial federalism is vital to our system of dual state and federal sovereignty.

U.S. Supreme Court building

Supreme Court Will Review Calif. Ruling on Out-of-State Tort Claims

By Tony Mauro |

The U.S. Supreme Court on Thursday agreed to decide the California Supreme Court's 4-3 decision in Bristol-Myers Squibb v. Anderson.

Uber Pays $20M to Settle Claims It Took Drivers for a Ride

By C. Ryan Barber |

Uber on Thursday agreed to pay $20 million to resolve federal allegations that the online ride-hailing service duped drivers about vehicle financing and inflated how much money they could earn at the company. Uber did not admit or deny wrongdoing in the Federal Trade Commission case.

Natasha Kohne and Crystal Roberts Akin Gump Strauss Hauer & Feld

What to Expect in California Data Security and Privacy in 2017

By Natasha Kohne and Crystal Roberts |

With 2017 underway and the entrance of a new Republican administration and Congress, whether robust regulatory oversight will remain a federal priority is more than uncertain and the area of data privacy and security is no different. The data privacy and security action, however, may continue at the state level where already-active state legislatures and regulators see these areas as a focus. Reviewing recent developments in California over the past year may shed light on key issues and trends that we can expect to see in the coming months.

Terry Diggs

As Trump Takes Office, Invoking a Fighting Spirit

By Barry Helft |

A remembrance of former public defender Terry Diggs by her husband Barry Helft.

Year-End Report Shows LGBT Discrimination Charges On the Rise at EEOC

By Rebekah Mintzer |

The number of sex-based discrimination charges from LGBT individuals that the U.S. Equal Employment Opportunity Commission received increased significantly over the last four years, according to data released by the agency Wednesday.

Julie Q. Brush, Solutus Legal Search .

Should I Reapply for a Position After Being Rejected?

By Julie Brush |

An employer's decision not to pursue a candidate is almost always final, but there are scenarios where a candidacy can be brought back to life.

Sanford Wadler.

Ousted GC Details ‘Paper-Only’ Compliance Program at Bio-Rad in Whistleblower Trial

By David Ruiz |

Bio-Rad executives were disinterested in conducting robust training in the Federal Corrupt Practices Act and shut down his efforts to report suspected violations, Sanford Wadler testified Wednesday in his whistleblower retaliation trial.

Randy Evans and Shari Klevens, Dentons partners.

How to Avoid Amateurish Mistakes When Using Experts

By Randy Evans and Shari Klevens |

When not handled properly, the selection and use of consultants and experts can create unnecessary risks for attorneys and clients.

Paul McCartney.

Paul McCartney Tries to Avoid Duran Duran's Copyright Fate

By Scott Graham |

The Beatles singer is seeking to use an expiration provision in the Copyright Act to reclaim rights to numerous songs that currently belong to Sony/ATV Music Publishing.

Ex-Clinton Aide Joins Boies Schiller in Silicon Valley

By Scott Flaherty |

Boies Schiller Flexner has brought on Ann O’Leary, a former top adviser to Democratic presidential nominee Hillary Clinton, as a partner specializing in nonprofit and philanthropic endeavors in Palo Alto, California.

Attorney General Scott Pruitt testifies Wednesday in the U.S. Senate at his hearing on his nomination to be administrator of the Environmental Protection Agency.

Scott Pruitt's the Talk at Hearings in California, D.C.

By Cheryl Miller |

As Donald Trump's nominee to lead the U.S. Environmental Protection Agency defended his record Wednesday in Washington, lawmakers in California raised new concerns about potential clashes over regulatory policies.

Oracle's headquarters in Readwood Shores, CA

With Oracle Bias Suit, Tech Firms Feel Labor Dept.'s Unwelcome Gaze

By Ben Hancock |

The perception there's more heat on Silicon Valley comes as large tech companies have become big federal contractors.

As Currencies Suffer, Law Firms Try Hedging to Safeguard Revenues

By Nell Gluckman |

As the British pound falls, so does the reluctance of many firms to gamble on future exchange rates.

Kathleen Russell and Joseph Sweeney

Viewpoint: How Persky Case Shows the Need for More Data on Judicial Decision-Making

By Kathleen Russell and Joseph Sweeney |

An op-ed from two judicial watchdogs claims that the Stanford rape case demonstrates the need for more information, not more judicial independence.

The Slants

In 'Slants' Case, Justices Skeptical of Ban on Disparaging Trademarks

By Tony Mauro |

Several justices appeared sympathetic to the band during oral arguments at the U.S. Supreme Court on Wednesday, which bodes well for the Washington Redskins' fight to restore its trademark.

Richard Kuhns, professor emeritus, Washington University (St. Louis) School of Law.

2 Cases That Shine a Light on Judge Henderson's Legacy

By Richard Kuhns |

An op-ed by Richard Kuhns, the author of a recently published Henderson biography, about two of the judge's seminal decisions.

Sanford Wadler.

Ex-GC Takes Bio-Rad to Trial, Claims He Was Fired for Reporting FCPA Breaches

By Ross Todd |

The company's lead defense lawyer told jurors Tuesday that Sanford Wadler was an "FCPA slacker" who first failed to prevent violations of the Foreign Corrupt Practice Act and then raised claims that were discredited after review.

Justice Goodwin Liu, California State Supreme Court

Goodwin Liu Makes Case for Liberal Dissent

By Ben Hancock |

Speaking last week at UC-Hastings, the California Supreme Court justice posited that state courts can stray from the U.S. Supreme Court on foundational legal principles.


California Regulators Want to Open Doors for Marijuana Tax Payments

By Cheryl Miller |

Newly introduced legislation would expand the number of government offices where cannabis business owners can pay state fees and taxes, a nod to the safety issues inherent in what largely remains an all-cash industry. One big problem for marijuana business is that most banks and credit unions balk at handling marijuana business receipts, fearful of punishment from federal regulators.

U.S. District Judge Sue Robinson of Delaware

Clement, Joseffer to Battle Over Biologic Drug Injunction

By Scott Graham |

The two attorneys are representing Sanofi and Amgen in an appeal involving patents for a LDL cholesterol drug.

Judge Harold Kahn, San Francisco Superior Court

Cisco Loses Bid to Arbitrate Age Bias Suit

By Ben Hancock |

San Francisco Judge Harold Kahn said the company's arbitration clause was both unfair and inconspicuous.

Marilyn Martin-Culver.

Manatt Phelps Partner Leaves to Hang New Shingle at SoCal Shop

By Rebecca Cohen |

Marilyn Martin-Culver, a business litigation partner at Manatt, Phelps & Phillips in Costa Mesa, California, recently left the firm to become a name partner at Robertson & Culver in nearby Irvine. The firm, now known as Robertson & Olsen, recently saw a name partner depart.

Mark Zuckerberg, Facebook founder

Mark Zuckerberg Testifies in Dallas IP Case, Defends Facebook-Oculus Deal

By John Council |

Zuckerberg insisted that Facebook's 2014 purchase of the virtual reality developer Oculus wasn't tainted by stolen technology.

Matt, partner with Gibson, Dunn & Crutcher in Los Angeles, and Liz Dubeck, partner with O'Melveny & Myers in Los Angeles, and their children Emmett and Lillian, who both attend daycare at O'Melveny & Myers's Hope Street Friends daycare.

Big Law Onsite Day Care: The Trend That Wasn't

By Angela Morris |

Very few firms have opened full-time facilities, despite their lamentations about the exodus of women.

How Out-of-State Schools Fared on California Bar Exam

By Cheryl Miller |

Newly released data for California's July 2016 bar exam reveal a strong performance from graduates of most top-tier, out-of-state law schools, while pass rates for students from other programs fell behind.

Richard Heimann of Lieff Cabraser Heimann & Bernstein

Firms Tapped to Lead Wells Fargo Derivative Suits

By Ben Hancock |

Lieff Cabraser Heimann & Bernstein and Saxena White will lead litigation in the Northern District of California stemming from the bank's fake accounts scandal.

Vaughn Walker

Taking on Industry Critics, Vaughn Walker Says Litigation Finance Won't Drive 'Spurious Litigation'

By Ben Hancock |

The retired federal judge has no qualms about his role as an adviser to Bentham IMF and takes issue with pushback from the U.S. Chamber of Commerce.

Viewpoint: Judicial Council's Wrong-Headed Approach to Driver's License Suspensions

By Brandon Greene and Stephen Bingham |

In an op-ed, two public interest lawyers call for the Judicial Council to embrace alternatives to license suspensions as a debt collection tool.

How a Big Law Fee Dispute Turned Into a Bitter, Cross-Country Litigation

By Roy Strom |

Vedder Price is facing arbitration in California in a case that shows there can be risks to law firms' increasingly litigious stance on unpaid bills.

Dan Garrison of Texas' Garrison Brothers Distillery.

A Shot of Red Eye: Texan Beats California Company In Trademark Fight Over 'Cowboy Bourbon'

By John Council |

Just as Cowboy Bourbon was becoming recognized as one of the nation's finest whiskeys, Garrison Brothers became the target of a trade infringement lawsuit filed in a Northern District of California federal court by Allied Lomar, an international liquor distributor. Allied Lomar alleged they had registered a trademark for "Cowboy Little Barrel" in 2001 and that Garrison Brothers were infringing on their product.

Judge Kathleen O'Malley United States Court of Appeals for the Federal Circuit

DNA Sequencing Rivals Take Injunction Fight to Federal Circuit

By Scott Graham |

Judge Kathleen O'Malley seemed inclined at a hearing Thursday to uphold an injunction blocking Qiagen N.V. from selling its GeneReader devices in the United States.

IRS Probe of Bitcoin Accounts Sparks Legal Showdown

By Ross Todd |

In what looks like the first major tax fight involving digital currency, San Francisco's Coinbase is fighting an IRS subpoena that seeks information on every transaction conducted by U.S. customers over three years.


Amid Layoffs, PG&E Announces New GC

By David Ruiz |

John Simon takes on his new GC role effective March 1, adding to his current corporate and human resources responsibilities.

Jeff Randall.

K&L Gates Loses IP Practice Leader in California

By Lizzy McLellan |

Jeffrey Randall, the co-head of the IP litigation group at K&L Gates, has left the firm a little over a year after joining its Silicon Valley office from Paul Hastings. His departure marks the latest in a series of notable partner-level defections from the firm in recent months.

Rejecting Apple's 'Shopping Mall' Defense, Panel OKs App Store Antitrust Suit

By Ben Hancock |

Consumers have standing to sue Apple over App Store pricing, a unanimous Ninth Circuit panel ruled Thursday.

Uber headquarters in San Francisco

Uber Driver Is Independent Contractor, Arbitrator Rules

By Ben Hancock |

The company is petitioning to enforce the ruling, which held for the first time in a U.S. arbitration that Uber does not employ its drivers.

Traci Ribeiro.

Partner Reloads in $200M Sedgwick Sex Bias Case

By Scott Flaherty |

Traci Ribeiro and her new lawyers at Sanford Heisler have beefed up their claims against Sedgwick, adding a bid for $200 million in class action damages.

Ninth Circuit Court of Appeals.. September 2015. Photo by Mike Scarcella/THE NATIONAL LAW JOURNAL.

Big Law Associate Takes on Supreme Court Veteran Over NCAA Race-Bias Claims

By Marcia Coyle |

A Morrison & Foerster associate who recently completed a U.S. Supreme Court clerkship will argue Wednesday against former solicitor general Seth Waxman in a major race discrimination case that involves the National Collegiate Athletic Association.

Randall Rader.

New Names Surface for PTO Director

By Scott Graham |

The list includes Randall Rader, a former chief judge for the U.S. Court of Appeals for the Federal Circuit who once called the office's administrative courts a "death squad" for property rights.

U.S. Congressman Xavier Becerra (D-CA), Attorney General nominee for the state of California. December 8, 2016.

California Attorney General Nominee Jabs Trump at Confirmation Hearing

By Cheryl Miller |

A state Assembly committee voted along party lines Tuesday to recommend that Democratic U.S. Rep. Xavier Becerra be confirmed as California’s 33rd attorney general. The 6-3 vote followed a friendly, two-hour hearing in which the 12-term congressman from Los Angeles took measured jabs at President-elect Donald Trump and his proposals on immigration, health care and the environment.

Jerry Brown speaks at the swearing-in ceremony for Justice's Mariano-Florentino Cuéllar and Leondra Kruger

No Cuts for Courts Planned in California's $179B Budget

By Cheryl Miller |

Gov. Jerry Brown on Tuesday unveiled a $179 billion state spending plan, amplifying his typical message of fiscal restraint with warnings about potential federal funding cuts on the horizon.

Luke Brugnara

Defendant Who Gave Alsup Heartburn Finds No Relief at Ninth Circuit

By Ross Todd |

A panel seems poised to uphold the art fraud conviction of Luke Brugnara, a pro se defendant who brazenly escaped custody in the lead-up to his 2015 trial.

U.S. Supreme Court Justice Stephen Breyer.

‘Swipe Fee’ Law Poised to Survive Supreme Court Scrutiny

By Tony Mauro |

A U.S. Supreme Court case that was touted as a significant retail business dispute with First Amendment ramifications seemed to fizzle fast Tuesday as justices questioned whether freedom of speech was involved at all.

Julie Q. Brush, Solutus Legal Search .

How Do I Raise Work-Life Balance Without Coming Off as a Slacker?

By Julie Brush |

When interviewing for a job, the topic of work-life balance is not one that is easy to raise. And if done poorly, it can sabotage a candidacy as well as a reputation.

Carrie LeRoy, White & Case

White & Case Snags Skadden IP Dealmaker in Silicon Valley

By Rebecca Cohen |

Carrie LeRoy has joined White & Case's intellectual property practice as a partner in the firm's Silicon Valley office.

SurveyMonkey general counsel Lora Blum

Meet SurveyMonkey's Incoming GC

By David Ruiz |

Lora Blum, director of corporate legal, is leaving her job to head SurveyMonkey's legal department. She inherits a nine-lawyer team that has helped the company grow for years.

Randy Evans and Shari Klevens, Dentons partners.

Protecting Your Firm From Partner Departures

By Randy Evans and Shari Klevens |

Firms should consider ways to prepare for the inevitable loss of attorneys to other firms.

Hogan Lovells Hires Latham Finance Partner in LA

By Rebecca Cohen |

Stacey Rosenberg, a debt finance transactions expert at Latham & Watkins in Los Angeles for the past decade, is poised to join Hogan Lovells in the City of Angels.

Edward J. Davila, during his confirmation hearing, before the Senate Judiciary Committee, to be United States District Judge for the Northern District of California. September 29, 2010. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Judge Skirts DTSA, but Orders Evidence Preserved

By Scott Graham |

U.S. District Judge Edward Davila ruled traditional federal rules were enough to preserve emails on company-owned mobile devices until they are turned over.

U.S. District Judge Thelton Henderson, Northern District of California

Thelton Henderson to Leave the Bench After 36 Years

By Ross Todd |

The 83-year-old federal judge, known as a champion of prison and police reform, said Monday it would serve the court best "if I don't play a season too long."

Rafey Balabanian of Edelson

Novel Suits, Setbacks Mark Edelson's First Year in Calif.

By Ross Todd |

The small plaintiffs firm set out to disrupt privacy litigation when it launched a Bay Area office led by partner Rafey Balabanian. So far, returns are mixed.

U.S. Congressman Xavier Becerra (D-CA), Attorney General nominee for the state of California. December 8, 2016.

Becerra, in Questionnaire, Reveals Anti-Trump Positions

By Cheryl Miller |

Attorney General nominee Xavier Becerra told state lawmakers he is prepared to defend Californians' constitutional rights on numerous fronts "at a time of promise and peril for us all."

U.S. District Judge Sue Robinson of Delaware

Judge Kicks FDA-Approved Drug Off the Market in Patent Dispute

By Scott Graham |

U.S. District Judge Sue Robinson included a 30-day stay on her order to give affected parties a change to seek an expedited review.

Michael Asimow, Professor of Law UCLA..Photo by Fiona McDougall.10-1-99.

Pop Culture's Portrayal of Lawyers Misses the Mark, 'Making a Murderer' Lawyer Says

By Rebecca Cohen |

As the lawyer hero of "Making a Murderer," Netflix's hit true-crime series from 2015, you might think Dean Strang would be optimistic about the power of TV to improve the public's understanding of what lawyers do. You'd be wrong.

U.S. Court of Appeals for the Ninth Circuit.

How Big a Deal Are Four 9th Circuit Vacancies That Await Trump?

By Ross Todd |

Change is coming to the nation's largest, and arguably its most liberal, appeals court. We parse the possibilities.


City Attorney Targeted in Leaning Tower Suit

By Ben Hancock |

A retired litigator living in Millennium Tower claims in a new lawsuit that the San Francisco City Attorney's Office knew the tower was sinking as early as 2010.

Judge Peter Kirwan, Santa Clara Superior Court

Santa Clara Splits Complex Litigation Docket

By Ben Hancock |

Two judges, Brian Walsh and Thomas Kuhnle, have replaced Peter Kirwan in the court's complex litigation department as part of routine reassignments.

Chart 1 shows all known corporate NPAs and DPAs since 2000.[4]

Corporate Nonprosecution Agreements Plummet in 2016, but DOJ Still Willing to Make a Deal

By John Council |

After a spike in 2015, the numbers of nonprosecution and deferred prosecution agreements dropped back to normal levels last year, according to a report from Gibson, Dunn & Crutcher.

U.S. District Court Judge Beth Labson Freeman, Northern District of California

In Fitbit-Jawbone IP Feud, Judge Gives Lawyers a Workout

By Scott Graham |

At a hearing Thursday, Judge Beth Labson Freeman in San Jose considered issues of patent eligibility for various features of fitness monitoring devices.

California Supreme Court.

Anti-SLAPP Motions Can Shut Out Suits on Jurisdictional Grounds, Court Rules

By Ben Hancock |

The California Supreme Court sided with the state bar in a unanimous decision that resolves a lingering dispute over the state's anti-SLAPP statute.

Charles Harder

L.A. Lawyer Who Toppled Gawker Lobs New Libel Suit at Techdirt

By Amanda Bronstad |

Charles Harder, whose $140 million verdict brought down Gawker Media, filed a $15 million libel suit this week on behalf of Shiva Ayyadurai, who claims to have invented email.

UNT Dallas College of Law prospective and admitted students for the first class seated in fall 2014 attend a day-long event each Spring to visit the law school campus and learn more about the College of Law from numerous panels of faculty, current students, admissions, financial aid, career services, and student life. Meeting potential classmates from all walks of life allows future students to experience the inclusive environment at the law schoool. Photo: Scott Peek Photography

Could Spreading the Bar Exam Over Three Years Raise Passage Rates?

By Rebecca Cohen |

At this week's Association of American Law Schools conference, law professors and doctors alike urged a shift in the bar exam's structure to be more akin to med school, all in an effort to improve bar passage rates.

David Keenan

Orrick Attorney, Once a Juvenile Defendant, Follows Unconventional Path to Bench

By Ben Hancock |

David Keenan, who dropped out of high school after run-ins with the law, will take the bench in Seattle on Jan. 9.

Eric Holder Jr., Covington & Burling

California's Anti-Trump Strategy, Featuring Eric Holder, Will Cost $25K Monthly

By Cheryl Miller and Katelyn Polantz |

California legislative leaders on Wednesday said they have retained a team of Covington & Burling attorneys led by former U.S. Attorney General Eric Holder to help fend off "potential challenges" from the incoming Trump administration. The hire follows eight weeks of post-election promises by state Democrats to create a firewall against potential Republican attacks on California's immigration, environmental and health care policies. It also offers a high-visibility platform for Covington, which has long sought a stronger presence on the West Coast.

New FTC Contest Confronts 'Internet of Things' Security

By Marcia Coyle |

Internet wonks call it the Internet of Things, or IoT—those everyday devices, gadgets and appliances that connect to the web. They are vulnerable. An October hacking of hundreds of thousands of "things"—including cameras and digital video recorders—disrupted the web. The Federal Trade Commission wants to do something about it—and you can help. The agency on Wednesday announced the latest in a series of cash-reward contests for solutions to protect personal data.

David Sergenian and John Pierce, of Pierce Sergenian.

Quinn Emanuel Alums Form LA Litigation Boutique

By Rebecca Cohen |

John Pierce, who left K&L Gates just months after his splashy hire earlier last year, has now formed his own firm with former fellow Quinn Emanuel alum David Sergenian.


Asians and Hispanics Make Small Diversity Gains in Firms

By Karen Sloan |

The percentage of minority lawyers in U.S. law firms crept up in 2016, but that progress was not across the board.

Left to right: Randy Evans and Shari Klevens, Dentons partners

Time to Dust Off Your Legal Malpractice Policy

By Randy Evans and Shari Klevens |

In today's competitive insurance market, there are a wide range of options available that can help combat the ever-increasing risk of a legal malpractice claim.

Elisabeth Thieriot

Farella Takes Ex-Client to Court Over Unpaid Fees

By Ben Hancock |

The San Francisco firm accuses Bay Area author and socialite Elisabeth Thieriot of transferring her assets to avoid paying a $467,000 fee award.

Circuit Judge Michelle Friedland, U.S. Court of Appeals for the Ninth Circuit

Ninth Circuit Deepens Split on Class Action 'Ascertainability'

By Amanda Bronstad |

Plaintiffs lawyers don't need to put forth a plan for identifying class members to secure class certification, Judge Michelle Friedland wrote Tuesday in a defeat for the defense bar.

Apple Gets Temporary Victory With Touchscreen Patent

By Scott Graham |

The U.S. Court of Appeals for the Federal Circuit ruled that the patent office failed to explain why Apple's patent for moving icons on a screen was obvious.

Julie Q. Brush, Solutus Legal Search .

6 Steps To Keeping Your Career New Year's Resolutions in 2017

By Julie Brush |

As you determine what you want to achieve this year, set your plan, execute and be resolute.

Will X. Walters.

A ‘Soul Crushing’ Client Suicide in Gay Civil Rights Case

By Jenna Greene |

It’s easy to forget how intensely personal and stressful litigation can be--until the consequences of a loss become overwhelming. Now, a San Diego lawyer is grappling with the suicide of his client after losing a high-profile gay civil rights case in December.

Chief Justice John Roberts Jr.

Chief Justice Roberts Praises 'Overlooked' District Judges in Year-End Report

By Tony Mauro |

U.S. Chief Justice John Roberts Jr. on Saturday spotlighted the "crucial role" played by federal district judges, asserting they "deserve tremendous respect" for performing the often thankless tasks of the job. In past years, Roberts has sometimes used the annual platform to advocate for higher pay for judges, or to defend the ethics of his fellow justices. But his 2016 report displayed no sharp edges or fodder for controversy.

Data Breaches, Whistleblowers and Augmented Reality Will Confront Courts in 2017

By Ben Hancock and Ross Todd |

Our list of cases to watch in California includes novel, quirky and consequential legal battles.

Plaintiffs Bar Looks to the New Year After Rocky, Lucrative 2016

By Scott Flaherty |

The plaintiffs bar can bid farewell to 2016 boasting some impressive achievements, including blockbuster settlements in auto emissions litigation and other cases. But there were also a few notable setbacks—sometimes delivered by opposing counsel, and sometimes involving lawyers on the plaintiffs' own side.

The Recorder's Most Read Stories of 2016

By Recorder Editors |

From the shocking resignation of Berkeley's law dean to the controversy over Santa Clara Judge Aaron Persky, we count down the most popular news stories of the past year.

Gulfstream Aerospace G-IV Gulfstream IV

Plaintiffs Firm Stuck With $1M Tax Bill After Trying to Deduct Private Jet Travel

By Amanda Bronstad |

Los Angeles-based Engstrom, Lipscomb & Lack couldn't show that all the expenses it claimed for its attorneys' private jet travel had "a business purpose," the Ninth Circuit ruled.

Mariano-Florentino Cuéllar

Decision on Attorney-Client Privilege Spooks Defense Bar

By Charles Toutant and Vanessa Blum |

Writing for the majority, Justice Mariano-Florentino Cuéllar said that law firm invoices aren't categorically shielded from disclosure. The court's dissenters complained the decision undermines a “pillar of our jurisprudence.”

Why Brock Turner’s Famous Mug Shot Is Having a Supreme Court Moment

The former Stanford swimmer makes an appearance, along with other famous mug shots from history, in an amicus brief asking the U.S. Supreme Court to guarantee public access to the booking photos.

Calif. Firms Join Forces in Employee RICO Suit Against Wells Fargo

By Scott Flaherty |

Jonathan Delshad, a Los Angeles-based plaintiffs lawyer, said he assembled the team after hearing horror stories from former bank employees.

Justice William Bedsworth, California Court of Appeals for the Fourth District

Bedsworth: Forewarned Is Forearmed

By William W. Bedsworth |

In which our columnist muses on how disclaimers on drug ads might lead one to conclude the cure is worse than the disease.

Balloon Bonanza advertisement.

Conflicts, Splash Zones and a 'Wild Ride': A Look Back on the Quirkiest Patent Battles of 2016

By Scott Graham |

Some of the year's more offbeat moments at the Federal Circuit featured patent law's biggest players.

William Edlund.

William Edlund, Bay Area Litigator and Bar Leader, Dies at 87

By Scott Graham |

Edlund, who practiced at Pillsbury and Bartko Zankel Bunzel & Tarrant, continued trying cases into his 80s.

Left to right: Randy Evans and Shari Klevens, Dentons partners

When It Comes to Legal Malpractice, Knowledge is Comfort

By Randy Evans and Shari Klevans |

Most attorneys will face more than one malpractice claim over the course of their careers. Here's a checklist to understand when there's a real threat.

Lawyers Behaving Badly 2016: Deposition Edition

By Ross Todd |

Evidently some lawyers and litigants don't understand what it means to be "on the record" during a deposition. Either that or they don't mind being caught saying or doing something untoward, ridiculous or downright horrible.

U.S. Securities and Exchange Commission building

Ruling May Tee-Up Power of SEC ALJs for High Court Review

By Mark Hamblett |

A decision Tuesday by the Tenth Circuit declaring that the way the SEC appoints Administrative Law Judges violates the Constitution sets up a clean split among the circuits and may implicate the validity of administrative proceedings in other areas of government.

The Year's Top Business Tips for Lawyers

By Recorder Editors |

A look back at this year's best advice on how to build your business, compete for talent and successfully steer your career.

Harold McElhinny, Morrison & Foerster by Jason Doiy.2/19/13.060-2013.....

MoFo's McElhinny Puts Apple in the Rearview and Italy on the Horizon

By Scott Graham |

The veteran trial lawyer, best known for leading Apple's IP case against Samsung, is retiring after four decades at Morrison & Foerster.

SEC Alleges California Lawyer Duped Foreign Investors

By C. Ryan Barber |

Securities regulators accused a Newport Beach, California, lawyer on Tuesday of fueling a luxury lifestyle through a scheme that allegedly bilked millions of dollars from foreign investors who wanted to speed up their immigration to the United States.

Ninth Circuit Will Revisit Controversial Gun Case

By Ben Hancock |

After a setback earlier this year, gun control advocates will get a second chance to defend an Alameda County ordinance that restricts where firearms can be sold.

SEC Accuses California Lawyer in Scheme to Defraud Foreign Investors

By C. Ryan Barber |

Securities regulators accused a Newport Beach, California, lawyer on Tuesday of fueling a luxury lifestyle through a scheme that allegedly bilked millions of dollars from foreign investors who wanted to speed up their immigration to the United States.

U.S. Attorney Preet Bharara at the 2014 Harvard Law School commencement ceremony. Photo by Martha Stewart.

Chinese Nationals Charged With Hacking Firms to Steal M&A Info

By Mark Hamblett |

U.S. Attorney Preet Bharara issued a warning Tuesday to law firms: "You are and will be targets of cyber hacking, because you have information valuable to would-be criminals."

5 Legal Tech Startup Areas to Watch For in 2017

By Gabrielle Orum Hernández |

As 2016 closes out, here are some areas that seem ripe for growth in the coming year

NJ Moves Ahead on Uber Bills But Clash With Regulators Continues in California

By Michael Booth |

New Jersey bills regulating app-based car-sharing services Uber and Lyft were approved by legislators Monday, while Uber continued to clash with California regulators over its testing of autonomous vehicles on public streets.

Diversion, Recidivism Prevention to Highlight Ongoing Reform Efforts

By Tom McParland |

In 2016, the General Assembly approved landmark legislation that eliminated the state's "three strikes" policy and cut mandatory sentences for some repeat offenders. Commonly known as the habitual offenders bill, SB 163 abolished automatic life sentences for three-time violent felons and cut in half mandatory minimum sentences for felons convicted of a first-violent felony after committing three nonviolent felonies.

Google Headquarters mountain view ca. Handout

Google Suit Says Engineer Took Secrets to

By Ben Hancock |

Complaint says manager violated the confidentiality provisions of the employment agreement he signed five years ago.

Partner Promotions Dip Slightly Among Calif. Firms

By Rebecca Cohen |

Half a dozen of the biggest law firms with California roots have announced their new partner classes so far. Those firms named a total of 73 partners for 2017—a very slight decrease from last year, when those same six firms named 75 new partners total.

Apple Accuses Nokia, Acacia of Antitrust Conspiracy

By Scott Graham |

Apple claims Nokia is using nonpracticing entities to harass the company with exorbitant patent royalty claims.

Bio-Rad headquarters in Hercules, CA

Bio-Rad Fails in Bid to Exclude Internal Communications in Ex-GC's Whistleblower Suit

By Ross Todd |

Bio-Rad Laboratories Inc. lost out on a bid to exclude wide swaths of internal company communications from evidence in a whistleblower retaliation suit brought by the company's former general counsel Sanford Wadler.

E. Randol Schoenberg

Lawyer Who Recovers Stolen Art Uncovered Clinton Email Warrant

By Rebecca Cohen |

E. Randol Schoenberg specializes in cases involving stolen art. But it was fears of a stolen election that motivated the Los Angeles attorney's latest lawsuit.

California Attempts to Close the Loophole on Non-Competes

By Christopher J. Cox, David R. Singh, Audrey Stano |

A new California law prohibits employers from requiring California-based workers to litigate their claims outside California or under other states' laws.

U.S. Court of Appeals for the Ninth Circuit.

Appeals Court Won't Revisit Decision Driving Uber Class Action into Arbitration

By Ben Hancock |

The U.S. Court of Appeals for the Ninth Circuit on Wednesday declined to revisit a September ruling that steered class action claims on behalf of thousands of Uber drivers into arbitration.

Randy Evans and Shari Klevens, Dentons partners

Things to Think About Before Suing a Client Over Past-Due Bills

By Randy Evans and Shari Klevens |

Deciding whether to sue a client for unpaid fees requires a careful balance of risks and rewards. While litigation is sometimes inevitable, the decision is not to be made precipitously.