California

Expert Analysis

• Opinion

  Orexigen Decision At Odds With High Court Jurisprudence

  

  The Ninth Circuit's decision last month in Khoja v. Orexigen Therapeutics — placing constraints on the record a court may consider in deciding falsity and scienter under the securities laws — countermands the U.S. Supreme Court’s direction to courts in Omnicare and Tellabs, say attorneys with BakerHostetler.

• Update On Calif. Immigrant Worker Protection Act

  

  A California federal court recently forbade California and its officials from enforcing several portions of the state's Immigrant Worker Protection Act. While private employers in the state will not be subject to many of the requirements of the law for the time being, the fight over it is likely to proceed, say Jesse Cripps and Ryan Stewart of Gibson Dunn & Crutcher LLP.

• Calif.'s New Rules For Lawyers Move Closer To ABA Model

  

  The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

• Know The Limits To Atty Public Statements During A Trial

  

  The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

• Opinion

  Dockless Scooter Cos. Rewarded For Bad Behavior

  

  The proliferation of dockless scooters throughout the U.S. has given life to the slogan “move fast and break things” in a way that even the slogan’s progenitor, Facebook, never imagined. And it will be an uphill battle for riders to recover from either the rental companies or cities in the event of injury, says Tamara Kurtzman of TMK Attorneys PC.

• Hurricane Florence: How State Laws Protect Service Members

  

  As the southeastern United States braces for Hurricane Florence, the governors of several states have authorized National Guard response efforts. Creditors can do their part by being aware of the laws protecting military service members, say attorneys with Buckley Sandler LLP.

• In Calif., Questions Remain On Law Firm Conflict Waivers

  

  In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

• Q&A

  A Chat With Faegre Client Development Chief Melanie Green

  

  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 Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

• LED Bulb Case Shines Light On FTC Enforcement

  

  Last month, the Federal Trade Commission announced it would be mailing almost half a million checks to consumers who previously purchased Lights of America LED lightbulbs. This enforcement action holds key lessons for companies and their counsel involved in formulating advertising claims, particularly technical claims about performance, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

• Guest Feature

  Tom Mesereau Talks MJ, Cosby, Unconventional Choices

  

  Tom Mesereau may be recently recognizable as one of the attorneys who defended Bill Cosby, but his biggest claim to fame is successfully defending Michael Jackson in 2005. On the eve of what would have been the King of Pop’s 60th birthday, Randy Maniloff, of White and Williams LLP, spoke to Mesereau about his unconventional path to a remarkable career.