Concerned about the vulnerability of California’s electronic systems to cyberattacks, the leader of the state Assembly said Thursday he had introduced a bill to create a panel of appointed experts who would focus on coordinating government and private sector efforts to safeguard critical infrastructure.
A California appeals court affirmed a lower court’s judgment that a seller’s broker wasn’t liable for an allegedly false statement, about an earthquake study, that was made in connection with a real estate transaction gone awry, ruling Friday that the seller’s broker doesn’t owe a fiduciary duty to nonclients.
Safeway Inc. agreed Thursday to pay $2.3 million to nine California counties to end allegations the grocer charged consumers more than the lowest advertised prices on its shelves and in its marketing, striking the deal the same day it announced it would be acquired by a private equity firm.
A California appeals court on Friday tossed a $2.3 million jury award against Dole Food Co., saying a lower court correctly vacated the award and axed the suit because the plaintiffs may have lied about being affected by pesticides the company used in the 1970s.
Restaurants that tack on a charge to customer bills to cover Affordable Care Act costs may attract the media spotlight, but attorneys say businesses that participate in the growing trend are also inviting scrutiny from state consumer protection authorities already primed to crack down on bill-padding surcharges.
The trustee for the producers of the “Girls Gone Wild” video series' Chapter 11 bankruptcy case asked a California federal judge on Thursday to stave off a tenant's attempts to evict the company units from their Los Angeles office, saying it violated the terms of a lease agreement that was likely destroyed by GGW founder Joe Francis.
A magazine subscription company has asked the U.S. Supreme Court to nix a Ninth Circuit decision giving the Federal Trade Commission a second chance to recover $34.4 million that the company allegedly stole from consumers through deceitful magazine sales.
Google Inc. was hit with a putative class action Friday in California federal court claiming that its app marketplace exploits children by incentivizing them to spend large amounts of money on free or low-priced games without requiring them to get their parents’ permission for every purchase.
A California federal judge on Friday barred O'Melveny & Myers LLP from defending ATopTech Inc. against Synopsis Inc.'s patent-infringement suit over electronic design automation, saying O'Melveny’s discussions about one of the asserted patents with a corporate client that Synopsis later bought created a conflict.
A California federal judge refused Thursday to send to state court a lawsuit against Novartis Pharmaceuticals Corp. over a jaw injury allegedly caused by the bone drugs Aredia and Zometa, despite the plaintiff's plan to combine the suit with another naming a California-based physician and hospital as defendants.
The city of San Jose, Calif., on Wednesday urged the Ninth Circuit to reassess the validity and scope of Major League Baseball's longstanding exemption from antitrust laws and to undo a lower court's dismissal of a suit challenging the league's refusal to permit the Oakland Athletics to relocate.
A Ninth Circuit judge on Thursday requested a vote to rehear en banc the appellate court’s recent decision refusing to stay its order directing Google Inc. to remove the controversial “Innocence of Muslims” video from its servers over copyright infringement allegations.
The Ninth Circuit on Thursday affirmed a lower court judge's ruling that a minority owner of Silver Slipper Casino Venture LLC is contractually bound to sell its stake in the company following a dispute over the sale of a Mississippi casino, ruling that the judge did not err in refusing to grant the minority owner leave to conduct discovery.
A California federal judge on Thursday shot down Apple Inc.'s request for an injunction banning the sale of Samsung Electronics Co. Ltd. smartphones found to infringe its patents, ruling that Apple had failed to show that its patented features drove demand for the Samsung products.
Agilent Technologies Inc. urged a California federal judge on Thursday to toss Genetic Technologies Ltd.'s lawsuit accusing Agilent of selling a DNA-testing device that infringes GT's patent on genetic analysis technology, arguing that GT's patent is invalid because it's based on an unpatentable natural phenomenon.
A judge's Thursday decision not to ban sales of Samsung Electronics Co. Ltd. smartphones found to infringe Apple Inc.'s patents shows just how tough it is for patent owners to secure an injunction, and could prompt the Federal Circuit to review the test, attorneys say.
Small businesses in California and Florida filed challenges to state laws banning so-called swipe fees and surcharges for credit card users, alleging Wednesday that the laws violate consumers’ First Amendment rights and are unconstitutionally vague.
"American Idol" second runner-up Syesha Mercado was hit with a breach of contract suit in California court on Wednesday by Industry Entertainment Partners LLC, which represented Mercado as her manager and alleges she refused to pay due commissions related to the broadway musical "The Book of Mormon."
PepsiCo Inc. was hit with a new proposed class action Tuesday accusing it of violating California's Proposition 65 labeling requirements by failing to warn consumers that the caramel coloring in its Pepsi One drink contains a chemical that the state considers a carcinogen.
The Ninth Circuit ruled last week that federal trademark law doesn't provide an independent cause of action for cancellation, affirming the dismissal of a suit seeking to kill trademarks Victoria's Secret holds for “Dream Angels.”
San Francisco's recently enacted ordinance promoting family-friendly workplace policies has the potential to spur private litigation by employees for wrongful termination based on alleged violations of the law. While the ordinance does not provide a private right of action, foreseeably the plaintiffs bar will attempt to package retaliation claims under it — which may be the most significant, long-term impact of the new law, says Andrew Sommer of Epstein Becker & Green PC.
In a decision of national importance, the Ninth Circuit recently rejected environmental challenges to the 20-mile Honolulu Rail Transit Project. The decision is significant because it is based, in part, on recent federal legislation aimed at simplifying the complex and lengthy environmental process governing new highway and transit projects, says Robert Thornton of Nossaman LLP.
Litigation under state laws that restrict the collection of personal information at the point of sale is increasing, following consumer-friendly decisions from the California and Massachusetts high courts. But several issues and potential defenses — such as the potentially broad "special purpose" exception included in some statutes — have not yet been fully addressed by courts, says Andrew Hoffman of InfoLawGroup LLP.
The U.S. Supreme Court’s denial of certiorari in the Ninth Circuit case Tamer Salameh v. Tarsadia Hotel effectively offers hotel-condominium developers a safe pathway to publicly offering hotel-condo units out of the purview of federal and state securities laws. And with the current upswing in the real estate market, such developments are slowly beginning to pop up again in states like Florida and New York, say attorneys with Paul Hastings LLP.
I was shocked to find that in the month of February 2014 alone there were over 100 legal opinions issued in the U.S. involving Facebook. While some of these cases were more disturbing than amusing, there were a few gems, including the case of a Florida judge who ruled against a litigant who had denied her friend request, says Dan Nabel of Greenberg Glusker Fields Claman & Machtinger LLP.
The Ninth Circuit's decision limiting the rights of insurance companies to recover payments made for environmental cleanup costs under the Comprehensive Environmental Response, Compensation and Liability Act is likely to be cited as one of the more definitive CERCLA decisions in recent years, and now with the U.S. Supreme Court's denial of certiorari, it is effectively nationwide precedent, says Kevin Haroff of Marten Law PLLC.
A number of recent appellate cy pres decisions teach us that charitable organizations should be selected carefully, with attention to the relationship between the purpose and the allegations framing the plaintiff class’s chief complaints. Just because an institution supports a worthy cause does not make the institution a worthy recipient in every case, say Mark Rapazzini and Elizabeth King of Heffler Claims Group LLC.
For a policyholder impacted by a damaging storm, hurricane or similar catastrophic event, a critical step in the process of seeking business interruption coverage is to evaluate whether the claimed loss is causally connected to insured physical damage. This step is often the “missing link” in business interruption claim submissions, but fortunately, courts around the country have provided helpful guidance, says Thomas Cook Jr. of Zelle Hofmann Voelbel & Mason LLP.
Given the breadth of California's anti-strategic lawsuit against public participation statute, the number of complex issues already addressed by California courts, and the sheer number of opinions issued, California is well positioned to lead the way as other states — such as Oregon, Nevada and Texas — attempt to define the scope of their own anti-SLAPP provisions, say Frank Broccolo and Laura Richardson of Sidley Austin LLP.
The trustee of bankrupt agribusiness giant SK Foods LP recently completed the Herculean task of recovering approximately $50 million from Australia for the company’s creditors in a saga that involved one of the largest Chapter 11 cases in the Eastern District of California, criminal charges, and a last-minute attempt by Australian authorities to confiscate assets. Among other things, the trustee's ability to establish personal jurisdiction in the U.S. over asset protection vehicles proved invaluable, say attorneys with Schnader Harrison Segal & Lewis LLP.