California

Expert Analysis

• Litigating FRAND Rates After Fed. Circ. Ericsson Decision

  

  After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

• State Net

  Obamacare Clings To Life As States Expand Medicaid

  

  While the Affordable Care Act faces new court challenges, the public's growing support for the law and states' increasing interest in its Medicaid expansion option suggest it may have political staying power, says Lou Cannon of State Net Capitol Journal.

• Calif. Ruling Clears Up Pay Stub Rules For Company Names

  

  A California appellate court recently ruled in Noori v. Countrywide Payroll that use of an unregistered acronym on wage statements violated the state’s Labor Code, providing guidance on the requirement that pay stubs include an employer’s legal name, says Kirsten Gallacher at Wilson Turner.

• SG Argument Likely Dooms Ariz. Tax Case At High Court

  

  In Arizona's case challenging California's doing business tax, the solicitor general's recently filed amicus brief arguing that Arizona's constitutional challenge does not warrant the U.S. Supreme Court’s exercise of its original jurisdiction may signal the end of Arizona's attempt to bypass state court, say Robert Merten and Mike Le at Pillsbury.

• Bias Case Gives Justices Chance To Rethink Title VII

  

  If the U.S. Supreme Court decides to hear Peterson v. Linear Controls, its decision could resolve a circuit split and redefine the scope of Title VII's discrimination protections, say attorneys at Sullivan & Cromwell.

• Top 10 Employment Law Developments Of The Decade: Part 2

  

  In the final part of this article, Barbara Roth and Tyler Hendry at Herbert Smith look back on the most significant labor and employment law updates from the second half of the decade, and reveal their choice for the most important change of the 2010s.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• The New Class Action Frontier Under Illinois Privacy Law

  

  One year after a pivotal Illinois Supreme Court ruling broadened liability under the Biometric Information Privacy Act, companies in a wide variety of industries need to be vigilant of a rise in potentially financially ruinous class action filings, and there are several steps they can take to protect themselves from BIPA liability, say attorneys at Ropes & Gray.

• Where The Fight Over FTC's Enforcement Authority Stands

  

  A flurry of year-end activity, including three petitions before the U.S. Supreme Court and a spate of proposed legislation, requires a recap on the current status of the debate over the Federal Trade Commission's Section 13(b) authority to obtain permanent injunctions and restitution, say John Villafranco and Khoury DiPrima of Kelley Drye.

• Top 10 Employment Law Developments Of The Decade: Part 1

  

  In the first of two articles, Barbara Roth and Tyler Hendry at Herbert Smith highlight the decade's most significant labor and employment law changes, including the U.S. Supreme Court’s 2011 decision in Dukes to raise the class certification threshold, and the spread of state and local paid sick leave laws.

• Series

  Judging A Book: Dyk Reviews 'Democracy And Equality'

  

  In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

• 2019 Trends In DOJ Health Care Enforcement

  

  Last year, opioid-related enforcement was the U.S. Department of Justice's top priority, in addition to a sustained focus on the prosecution of private individuals and data-driven identification of health care fraud, say attorneys at Mintz.

• Reviewing 2019's White Collar Cases And Controversies

  

  From the “Varsity Blues” investigation to the Mueller report, white collar criminal cases were at the forefront of the national dialogue last year. Attorneys at Keker Van Nest look back at the most significant white collar cases and trends from 2019 and highlight what to watch for in 2020.

• State Net

  How States Are Responding To The Insulin Price Crisis

  

  Increases in the need for insulin and dramatic surges in its cost have made access to the drug one of the biggest health policy issues at the state and federal level, and now state legislators are taking action to rein in prices, says Dave Royse of State Net Capitol Journal.

• 7 Insider Tips For Working With In-House Counsel

  

  For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.