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Map Shows Half of the U.S. Suffering Drought Conditions
June 8, 2014
It’s not just California’s problem. Nearly half of the contiguous U.S. is experiencing abnormally dry or drought conditions right now. The worst spots shown in the map above, colored in a deep red that represents “exceptional drought,” are in California, Nevada, Texas and Oklahoma. But the entire west and southwest are suffering. The map is based on a report from May 6 provided by the United States Drought Monitor that includes data on climate, soil and water collected from more than 350 sources....
June 8, 2014
It’s not just California’s problem. Nearly half of the contiguous U.S. is experiencing abnormally dry or drought conditions right now. The worst spots shown in the map above, colored in a deep red that represents “exceptional drought,” are in California, Nevada, Texas and Oklahoma. But the entire west and southwest are suffering. The map is based on a report from May 6 provided by the United States Drought Monitor that includes data on climate, soil and water collected from more than 350 sources....
Liquidated Damages in Settlement Agreement Are Unenforceable Penalty in California, If Not Related to Actual Loss Suffered
May 19, 2014
A liquidated damages clause requiring payment of the entire $85,000 in dispute, which was settled in an agreement requiring payment of only $38,000, was held by a California appellate court to be an unenforceable penalty as there was no reasonable relationship to the damages actually suffered by the failure to make a timely payment of the settlement amount, notwithstanding an express waiver of any challenges to the liquidated damages in the settlement. Purcell v. Schweitzer, No. D063435 (Cal....
May 19, 2014
A liquidated damages clause requiring payment of the entire $85,000 in dispute, which was settled in an agreement requiring payment of only $38,000, was held by a California appellate court to be an unenforceable penalty as there was no reasonable relationship to the damages actually suffered by the failure to make a timely payment of the settlement amount, notwithstanding an express waiver of any challenges to the liquidated damages in the settlement. Purcell v. Schweitzer, No. D063435 (Cal....
California Grumbling at U.S. News
March 22, 2014
Only three of California's 19 law schools accredited by the American Bar Association improved on the U.S. News & World Report annual rankings this year, and the long view looks even worse. * * * Not a single California school has seen a cumulative increase in ranking during the past three years — notwithstanding that Stanford Law School; the University of California, Berkeley School of Law; the University of California at Los Angeles School of Law; and Pepperdine University School of Law each...
March 22, 2014
Only three of California's 19 law schools accredited by the American Bar Association improved on the U.S. News & World Report annual rankings this year, and the long view looks even worse. * * * Not a single California school has seen a cumulative increase in ranking during the past three years — notwithstanding that Stanford Law School; the University of California, Berkeley School of Law; the University of California at Los Angeles School of Law; and Pepperdine University School of Law each...
California Mediation Confidentiality Statute Prevents Enforcement of Settlement in Federal Court
January 16, 2014
A federal court in California “reluctantly” held that even though the parties settled in mediation by accepting in writing...
January 16, 2014
A federal court in California “reluctantly” held that even though the parties settled in mediation by accepting in writing...
Lawyers Expect IPO Boom to Roll On in 2014
January 13, 2014
More than 40 California companies launched IPOs last year and lawyers continue to see a robust pipeline. With more than 200 deals, 2013 was a blockbuster year for domestic initial public offerings—the best on record since the turn of the millennium. And some of the biggest hits, like Twitter's hotly anticipated shares, came out of California. Issuers headquartered in the Golden State accounted for nearly 20 percent of the total IPOs, with 44 going public. Latham & Watkins and Wilson Sonsini...
January 13, 2014
More than 40 California companies launched IPOs last year and lawyers continue to see a robust pipeline. With more than 200 deals, 2013 was a blockbuster year for domestic initial public offerings—the best on record since the turn of the millennium. And some of the biggest hits, like Twitter's hotly anticipated shares, came out of California. Issuers headquartered in the Golden State accounted for nearly 20 percent of the total IPOs, with 44 going public. Latham & Watkins and Wilson Sonsini...
2013: A Bellwether Year in Litigation
January 2, 2014
Test cases allow the parties to see which way the wind blows with juries and, perhaps, settle their disputes. DEPUY The first bellwether trials over defects in hip implants made by Johnson & Johnson's DePuy Orthopaedics resulted in a $2.5 billion settlement on Nov. 19. On March 8, a Los Angeles jury awarded $8.3 million to a man who suffered injuries due to an implant. A second trial in Chicago ended on April 16 with a defense win. The settlement resolves cases in federal court in Cleveland...
January 2, 2014
Test cases allow the parties to see which way the wind blows with juries and, perhaps, settle their disputes. DEPUY The first bellwether trials over defects in hip implants made by Johnson & Johnson's DePuy Orthopaedics resulted in a $2.5 billion settlement on Nov. 19. On March 8, a Los Angeles jury awarded $8.3 million to a man who suffered injuries due to an implant. A second trial in Chicago ended on April 16 with a defense win. The settlement resolves cases in federal court in Cleveland...
In Practice: Harsh Class Arbitration Waivers Still Unconscionable
November 18, 2013
Since the U.S. Supreme Court handed down its decision in AT&T Mobility, LLC v. Concepcion, holding that the Federal Arbitration Act preempts California's rule that invalidates arbitration agreements in which the parties waive the right to class-wide proceedings, courts in California have wrestled with applying Concepcion in the employment context, with confusing and often conflicting results for employers. It's not too surprising, then, that the California Supreme Court granted review last...
November 18, 2013
Since the U.S. Supreme Court handed down its decision in AT&T Mobility, LLC v. Concepcion, holding that the Federal Arbitration Act preempts California's rule that invalidates arbitration agreements in which the parties waive the right to class-wide proceedings, courts in California have wrestled with applying Concepcion in the employment context, with confusing and often conflicting results for employers. It's not too surprising, then, that the California Supreme Court granted review last...
Data Shows Google’s Robot Cars Are Smoother, Safer Drivers Than You or I
October 27, 2013
Data gathered from Google’s self-driving Prius and Lexus cars shows that they are safer and smoother when steering themselves than when a human takes the wheel, according to the leader of Google’s autonomous-car project. Chris Urmson made those claims today at a robotics conference in Santa Clara, California. He presented results from two studies of data from the hundreds of thousands of miles Google’s vehicles have logged on public roads in California and Nevada. One of those analyses...
October 27, 2013
Data gathered from Google’s self-driving Prius and Lexus cars shows that they are safer and smoother when steering themselves than when a human takes the wheel, according to the leader of Google’s autonomous-car project. Chris Urmson made those claims today at a robotics conference in Santa Clara, California. He presented results from two studies of data from the hundreds of thousands of miles Google’s vehicles have logged on public roads in California and Nevada. One of those analyses...
2014 ABA Litigation Section Corporate Counsel CLE Seminar in Rancho Mirage
September 18, 2013
Dear Friends and Colleagues: Please join us at the Westin Mission Hills Resort and Spa in Rancho Mirage, California on February 13 through 16, 2014 for our annual Corporate Counsel CLE Seminar! We are very pleased to announce that -- as we did for the first time ever last year -- we are once again able to offer FREE REGISTRATION FOR IN-HOUSE COUNSEL for the 2014 Seminar! Please help us spread the word! We are also proud to have three outstanding General Counsel serving as our Honorary...
September 18, 2013
Dear Friends and Colleagues: Please join us at the Westin Mission Hills Resort and Spa in Rancho Mirage, California on February 13 through 16, 2014 for our annual Corporate Counsel CLE Seminar! We are very pleased to announce that -- as we did for the first time ever last year -- we are once again able to offer FREE REGISTRATION FOR IN-HOUSE COUNSEL for the 2014 Seminar! Please help us spread the word! We are also proud to have three outstanding General Counsel serving as our Honorary...
Choice of Law Provision Rendered Arbitration Agreement Unenforceable
April 23, 2013
Employee could not be compelled to arbitrate an employment discrimination claim brought under California statute where the arbitration clause was part of a contract that parties agreed be "construed in accordance with the internal substantive laws of The Commonwealth of Massachusetts," and the agreement did not clearly and unmistakably state that statutory discrimination claims were subject to the arbitration clause, as required by Massachusetts law. Defendants, Bingham McCutchen LLP,...
April 23, 2013
Employee could not be compelled to arbitrate an employment discrimination claim brought under California statute where the arbitration clause was part of a contract that parties agreed be "construed in accordance with the internal substantive laws of The Commonwealth of Massachusetts," and the agreement did not clearly and unmistakably state that statutory discrimination claims were subject to the arbitration clause, as required by Massachusetts law. Defendants, Bingham McCutchen LLP,...
