California

Expert Analysis

• High Court May Dim Lights On Class Arbitration In Lamps Plus

  

  Following recent U.S. Supreme Court oral arguments in Lamps Plus v. Frank Varela, the Ninth Circuit’s decision in the case appears to be facing an uphill battle to uphold the authorization of class arbitration, say Adam Primm and Peter Kirsanow of Benesch Friedlander Coplan & Aronoff LLP.

• Opinion

  9th Circ. Shouldn't Have Halted Rescission Of DACA

  

  Both analyses offered by the Ninth Circuit in Regents of the University of California v. U.S. Department of Homeland Security — upholding the Deferred Action for Childhood Arrivals program — are flawed. The rescission of DACA, while politically controversial, is lawful, says Steven Gordon of Holland & Knight LLP.

• Q&A

  A Chat With Bryan Cave Innovation Chief Katie DeBord

  

  In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

• FDA Streamlines 510(k) Process, As Courts Reconsider It

  

  The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.

• Simple Secrets For Improving Your CLE

  

  With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

• 3 Takeaways From Google’s Harassment Policy Overhaul

  

  In the wake of the #MeToo movement, Google’s recent changes to its sexual harassment policy are notable because they highlight employers’ ability to innovate while taking measures to comply with California law, say Nisha Verma and Jessica Linehan of Dorsey & Whitney LLP.

• Energy, Environment And The Elections: A Changed Mosaic

  

  Last week's midterm elections changed the regulatory landscape for energy and the environment in three subtle yet significant ways, say attorneys with Kirkland & Ellis LLP.

• It’s Time For Law Firms To Start Talking About Gen Z

  

  Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

• Employee Nonsolicitation Terms Now Likely Void In California

  

  In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.

• Consider Potential Risks Of Scraping Publicly Available Data

  

  One legal regime currently wrestling with the concept of data scraping is the Computer Fraud and Abuse Act. An important distinction that is emerging from the CFAA case law is whether the targeted data is publicly available or private and protected, say Kris Kappel and Liam Reilly of Husch Blackwell LLP.