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WEDNESDAY THURSDAY FRIDAY MONDAY TODAY Questions and Comments Bookmark Reprints NEWS RULINGS VERDICTS Previous Next Tuesday, December 16, 2014 This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click Government “Reprint” to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. In unusual move, governor speaks out in defense of state high court nominee In unusual move, governor speaks out Gov. Jerry Brown on Monday came to the defense of his latest candidate to the state Supreme Court, in defense of state high court nominee 38-year-old Leondra Kruger, a lawyer for the Obama administration whose nomination is facing Week before confirmation, governor calls Leondra Kruger unexpected criticism. 'extraordinary legal talent' despite youth

By Emily Green Bar Associations Bar asks state auditor to investigate issues Gov. Jerry Brown on Monday came to the defense of his latest candidate to the state related to executive director's firing Supreme Court, 38-year-old Leondra Kruger, a lawyer for the Obama administration Responding to legislative interest and media whose nomination is facing unexpected criticism because of her youth and lack of work attention, the State Bar asked State Auditor Elaine experience in California. M. Howle to examine issues related to its termination of Executive Director Joseph L. Dunn. In an interview with the Daily Journal, Brown said Kruger, who is African-American, is an "extraordinary legal talent and I think it's wonderful the California Supreme Court will get the opportunity to have her as one of the members." Civil Rights Holding police officers liable Kruger grew up in Southern California but has had an inactive California law license More than at any time in recent memory, national since 2009. (She renewed her license on Monday.) attention is directed at the problem of police abuse. This should be an impetus for reforms that increase the likelihood that police will be held She has had a brilliant career in Washington, D.C. - she argued 12 cases before the accountable. By Erwin Chemerinsky U.S. Supreme Court and was named acting deputy solicitor general at age 34 - but the fact that virtually her entire career has been based in D.C. has raised questions and discontent among some in the judiciary. Intellectual Property VIDEO: A state's regulatory Brown dismissed criticism of his nominee. wingspan Few if any states regulate the conduct of their He characterized as "mild" a column in Sunday's San Francisco Chronicle by former citizens and businesses more comprehensively San Francisco Mayor Willie Brown who questioned why the governor didn't appoint an than California. But can California legislate the African-American in California. standards for conduct in other states? And if so, when and for whom? By Donald M. Falk And he said a Daily Journal column by a retired appellate court justice contending Kruger's appointment is a slap in the face to trial court judges didn't raise "even a slight doubt on her qualifications." Litigation Circuit halts construction of amphitheater "If that's what you are going to cite as criticism, I would say this appointment is on VA property beyond reproach," the governor said. A 9th U.S. Circuit Court of Appeals panel Monday halted construction of an amphitheater at the West He said he looked at a number of candidates to fill vacancies on the state Supreme L.A. Veterans Affairs Medical Center, the latest Court and that he chose Kruger and Mariano Florentino-Cuellar - whom he appointed development in a lawsuit filed by homeless in July - "because they were both unusual and eminent... and could make a very veterans. important contribution to the law of California."

Brown said he interviewed Kruger in person for the first time one week before U.S. Supreme Court nominating her in late November. Justices: Defendants don't have to prove value when removing cases to federal court Brown's comments come one week before Kruger will have her confirmation hearing The U.S. Supreme Court resolved a key uncertainty before the three-member Commission on Judicial Appointments. While these hearings for defendants in mass torts on Monday, finding are usually pro forma affairs, the controversy could make this one more contentious. that defendants don't have to prove the value of cases when seeking to transfer them from state to The Commission on Judicial Nominees Evaluations, which vets judicial federal courts. appointments, has yet to release its rating of Kruger. It is expected to do so this week.

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The criticism of Kruger kicked off with a column by former 3rd District Court of Mergers & Acquisitions Appeal Justice Rick Sims - himself a Brown appointee. It gained traction with Brown's Dealmakers column. A roundup of recent transactions across the state and the lawyers involved. The former mayor said Kruger appears to be "extremely talented," but noted that "a number of African American lawyers, law school professors and judges" have pointed out to him that she is not a California resident and has never practiced in the state. Environmental "Were there no qualified African Americans in California?" Brown wrote. "Just asking." State Water Resources Control Board hires Delta Watermaster California Chief Justice Tani Cantil-Sakauye has also weighed in on Kruger's The State Water Resources Control Board nomination. In an interview last week, she appeared to endorse Kruger's nomination announced Monday it has hired attorney Michael despite her lack of experience in California. "My feeling is that all experience is George as its new Delta Watermaster. welcome on the Supreme Court," she said.

Cantil-Sakauye chairs the Commission on Judicial Appointments. Law Practice Prominent litigator starts new firm The governor kept a tight lid on the appointment process but he was under pressure Litigator Raymond P. Boucher on Monday to appoint an African-American. The court has not had an African-American justice in officially started a Woodland Hills-based law firm, nine years. Appointing Kruger also maintains the court's female majority. Boucher LLP, which specializes in complex litigation, civil rights, police misconduct and Also on Monday, the governor promoted Peter Krause to become his legal affairs significant personal injury matters. secretary. Krause served as chief deputy legal affairs secretary since 2013. Pete Southworth, general counsel at the California Transportation Agency, will take Krause's old position. U.S. Court of Appeals for the 9th Circuit Circuit affirms ruling that adult film [email protected] condom law does not violate First Amendment The panel found the Los Angeles County Department of Public Health can enforce the Previous Next condom mandate in a 2012 measure.

Mergers & Acquisitions Riverbed taps Wilson Sonsini in sale to private equity The networking equipment maker relied on its longtime counsel at Wilson Sonsini in its $3.6B sale to Thoma Bravo. The Chicago-based private equity firm received counsel from Kirkland & Ellis.

Criminal Prosecutor's suspension for withholding evidence is trimmed A Santa Clara County prosecutor challenging his one month suspension for withholding potentially exculpatory evidence in an eight-defendant murder case has won a partial victory, getting his suspension reduced to two weeks.

Government Northern District judicial nominee up for Senate vote Haywood S. Gilliam Jr., a white-collar defense lawyer who works in the San Francisco office of Covington & Burling LLP, is one of 12 federal judicial nominees that the Democrat-led U.S. Senate is pushing toward a confirmation vote.

Environmental Supporters, opponents of local fracking ban sue over ballot language Residents of La Habra Heights claim city officials approved a misleading description of a local ballot measure that would halt new oil and gas

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development.

Litigation Apple, plaintiffs' lawyers, debate $1 billion antitrust lawsuit Lawyers for consumers told jurors in closing arguments that Apple Inc. made changes to its music downloading and playing software to suppress competition, and overcharged its users.

California Supreme Court State high court ruling leaves opening in medical damages cap The decision says a $250,000 cap on the amount of money victims of medical malpractice victims can receive in noneconomic damages doesn't prohibit them from recovering that amount from multiple defendants when some settle.

Litigation Sony likely to face rare employee class action over hacking scandal A much bigger problem might soon visit Sony Pictures Entertainment than the media publishing catty emails sent among studio executives: A lawsuit filed by employees whose private data was made public in the massive hacking of the studio.

Health Care & Hospital Law What 2015 will bring for wearable tech Does the capture and transmission of health information make your smartwatch, app or fitness tracker a "medical device"? What state law privacy and security rules apply? And who owns the data it generates? By Michael H. Cohen

Transportation FRE SPCH: vanity plates and the First Amendment Americans view their cars as literal and figurative vehicles of self-expression, not mere tools of transportation. So we can't be surprised when our cars become the focus of a free speech debate. By Ken White

Appellate Practice Lying during voir dire: grounds for a new trial? In a unanimous ruling last week, FRE 606(b) makes inadmissible a juror's testimony that another member of the jury lied during voir dire when that testimony is offered to support a motion for a new trial. By Victor Gold

Banking Reversal of insider trading convictions will impact traders The 2nd Circuit just made prosecuting insider trading more difficult to convict. The decision has two major implications for traders. By Jason de Bretteville and Justin B. Bernstein http://www.dailyjournal.com/subscriber/submain.cfm?MultipleMsg=4…14%26shNewsType%3DNews%26NewsId%3D938837%26sdivId%3DmainContent1 Page 3 of 4 Daily Journal - California's Largest Legal News Provider 12/16/14, 8:00 AM

Corporate Counsel Aimee S. Weisner Corporate vice president and general counsel of Edwards Lifesciences Corp. Irvine

Judicial Profile Alex Kozinski Judge 9th U.S. Circuit Court of Appeals (Pasadena)

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