• May 27, 2016

    Google-Backed Startup Says Execs Stole Secrets For New Biz

    A virtual reality startup that has received backing from Google, Qualcomm and Warner Bros. has sued two of its former top executives in California federal court, saying the pair stole trade secrets and plotted to start a rival company.

  • May 27, 2016

    Target Can't Hide CRT Price-Fixing Settlement, Judge Rules

    A California federal judge Friday said Target and ViewSonic must reveal settlement agreements with defendants in multidistrict litigation over alleged price-fixing in the market for cathode ray tubes in televisions, saying the settlement amounts will help remaining defendants “decide whether to proceed to trial.”

  • May 27, 2016

    Calif. Utility Wins Some Docs In San Bruno Explosion Case

    A California federal judge on Thursday largely denied Pacific Gas & Electric Co.’s bid for certain documents in the government’s suit over a deadly 2010 San Bruno pipeline explosion, but said the government must hand over ministerial grand jury records.

  • May 27, 2016

    Gibson Dunn DQ Shows Danger Of Handling Privileged Emails

    A California state judge recently disqualified Gibson Dunn as defense counsel for McDermott Will & Emery LLP in a malpractice matter, a finding that legal experts say stands as a warning in matters where third parties end up with privileged emails in their hands.

  • May 27, 2016

    Uber, Drivers Fire Back At Mounting Settlement Objections

    Uber and drivers in a pair of high-profile California class actions fired back at a growing number of objectors to the pending $100 million settlement Friday that would end claims that the ride-hailing giant misclassified drivers as independent contractors, maintaining the settlement is in fact on solid legal ground.

  • May 27, 2016

    FCA Asks For Dismissal Or Transfer Of Jeep Defect Suit

    Claims by a proposed class of Jeep owners that Fiat Chrysler botched a recall fix should be dismissed for lacking even basic allegations, or else moved to a New York federal bankruptcy court since the vehicles at issue were made by now-defunct Chrysler LLC, the automaker said Friday.

  • May 27, 2016

    Chinese Phone Co. Can’t Cite Ericsson Arbitration Loss

    A California federal judge refused Thursday to find that Ericsson Inc. charged a Chinese mobile phone developer an excessive rate for standard-essential patents for wireless technology, saying it would be unfair to apply an arbitration decision issued in a licensing dispute between Ericsson and another company.

  • May 27, 2016

    Abusive Priest's 'Grooming Payments' Can't Save Victim Suit

    A California appeals court Thursday said cash, meal and travel payments a former monsignor for the Roman Catholic Archbishop of Los Angeles provided to his abuse victims in the 1970s and 1980s don’t qualify as compensation pausing the allowable time period for the victims to sue.

  • May 27, 2016

    Insurers Must Cover Pesticide Co.'s TM Deal, 9th Circ. Told

    A pesticide company urged the Ninth Circuit Thursday to reverse an Oregon federal court's decision that Crum & Forster and two other insurers don't have to cover its settlement of litigation accusing it of misusing a business partner's trademark, asserting that the underlying suit claims an advertising injury falling within the insurers' policies.

  • May 27, 2016

    Texting Cos. Get 2nd Shot At Arbitrating Cell Cramming Row

    The Ninth Circuit Thursday reversed a lower court decision denying arbitration in a proposed class action claiming two mobile messaging companies duped consumers into pay for services, saying the trial court should determine whether the lead plaintiff agreed to arbitrate and whether that extended to the service-facilitator defendants.

  • May 27, 2016

    Enviros Appeal To 9th Circ. In Aussie LNG Loan Suit

    Environmentalists on Thursday said they’ll ask the Ninth Circuit to overturn a California federal judge’s decision not to block the U.S. Export-Import Bank from completing two loans worth $4.8 billion to two Australian liquefied natural gas projects in the Great Barrier Reef.

  • May 27, 2016

    Goodwin Snags Compensation Pro From Skadden

    Goodwin Procter LLP has bolstered its Silicon Valley employment practice with a former Skadden Arps Slate Meagher & Flom LLP attorney with experience advising companies on compensation and tax compliance matters in life sciences, technology, private equity and real estate, the firm said.

  • May 27, 2016

    Water Polo Org Says Concussion Suit Misconstrues Law

    American water polo’s governing body on Friday moved a California federal court to dismiss a putative class action by a mother of an injured player claiming it didn’t do enough to prevent concussions, saying she misunderstands how California law assigns liability for injuries.

  • May 27, 2016

    ADT Faces Suit In Defective Home Security System Row

    ADT Security Services was hit with a proposed class action in California federal court Thursday by a man who claims his house was burglarized because his defective home security system failed to detect the breaking of a glass window.

  • May 27, 2016

    Facebook Fights Amended TCPA Suit Over Hack-Alert Texts

    The man leading a proposed class action claiming Facebook violated the Telephone Consumer Protection Act by sending unauthorized text message warnings still hasn’t proven they were generated automatically, which got his complaint nixed the first time around, the social media giant told a California federal judge Thursday.

  • May 27, 2016

    Merrill Lynch, Citi Hit In Class Action Over Cancer Co. IPO

    Merrill Lynch, Citigroup and others involved with a West Coast cancer-treatment company's $240 million initial public offering last year allegedly overstated its financial prospects, which led to a massive drop in its stock price, investors said in a putative class action filed on Wednesday in California state court.

  • May 27, 2016

    Even After Google's Oracle Victory, Long Fight Still Ahead

    With a Thursday jury verdict that Google’s use of Oracle’s copyrighted Java software code was protected by the fair use doctrine, the tech giant and its supporters won a huge battle, but the war is far from over.

  • May 27, 2016

    Bankruptcy Atty Needn't Report Sanctions, 9th Circ. Says

    An attorney who successfully overturned a sanction against him for his firm's filing of a frivolous adversary complaint in a California woman's bankruptcy needn’t publicly report that he’s been sanctioned, since such a statement would be factually inaccurate, the Ninth Circuit ruled Thursday.

  • May 27, 2016

    Twilio Sets Aim For Year's First 'Unicorn' IPO At $100M

    Embeddable communications platform Twilio disclosed plans for a nominal $100 million initial public offering to the U.S. Securities and Exchange Commission Thursday, becoming the first so-called unicorn — a private startup valued at at least $1 billion — to place its sights on the open market in 2016.

  • May 27, 2016

    Feds Give Thumbs-Up To Pacific Offshore Fracking

    U.S. offshore regulators on Friday revived permitting hydraulic fracturing and other drilling activities in the Pacific Ocean after concluding those activities won't significantly impact the environment, a move blasted by environmentalists who vowed to take the government to court.

Expert Analysis

  • Behind The Curtain: Technical Advisers In Complex Cases

    Christopher S. Finnerty

    During complex litigation, litigants often retain consulting experts to help them understand any intricate aspects of social and natural sciences present in a case, but the federal rules provide no such mechanism for the presiding judge. That is where technical advisers come in, say attorneys at K&L Gates LLP.

  • To Un-Jam Transportation Infrastructure Tenn. Tries P3s

    Zachary D. Jones

    Following the lead of at least 33 other states, Tennessee's new mass transit focused public-private partnership law should offer a solution to Nashville's growing traffic problem without dipping too deep into public coffers, say Zachary Jones and Cassidy Rosenthal at Stites & Harbison PLLC.

  • Professional Negligence Under MICRA: A Goldilocks Dilemma

    David W. Moreshead

    Courts have differed in determining whether certain negligence claims against health care providers sound in professional or ordinary negligence, and accordingly, which statute of limitations to apply. Hopefully, the California Supreme Court's decision in Flores v. Presbyterian International Community Hospital has established a test for professional negligence that fits “just right,” says David Moreshead at Horvitz & Levy LLP.

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • How To Convince Calif. And Texas High Courts To Hear A Case

    M.C. Sungaila

    Navigating the discretionary review procedures before the Supreme Courts of California and Texas is tricky, and the odds of review low. M.C. Sungaila and Lynne Liberato of Haynes and Boone share seven ways to beat the odds in each court.

  • And Now A Word From The Panel: A 21st Century MDL

    Alan E. Rothman

    In honor of our 21st installment of "And Now A Word From The Panel," this month’s column will address a burgeoning category of cases subject to multidistrict litigations during the 21st century — cyber MDLs, or more specifically, cases arising from an alleged data privacy breach, says Alan Rothman of Kaye Scholer LLP.

  • When Breaking Up Is Hard, Call A Partition Referee

    Byron Z. Moldo

    When partners dissolve a business or are forced to part with property, it’s not uncommon that one party is too stubborn to try to work things out. Byron Moldo of Ervin Cohen & Jessup LLP describes the role a court-appointed partition referee can play under California law in pushing past the stubbornness.

  • Calif. Asbestos Case Opens Door For Shaky Expert Opinions

    Thomas A. Manakides

    While the California Court of Appeal's holding in Davis v. Honeywell can and should be limited to the specific facts and expert testimony in that case, the decision serves as a warning that courts may not always vigorously enforce their responsibility to screen expert opinions, which could open the door for plaintiffs in asbestos cases to depend on testimony that may not be entirely reliable, say attorneys at Gibson Dunn & Crutcher LLP.

  • Not So Fast, Ohio: FERC Weighs In On Wholesale Energy

    Joseph H. Fagan

    The Federal Energy Regulatory Commission recently affirmed its role in ensuring reasonable rates for wholesale sales of electric energy in Ohio. But state utilities seek to further their objectives without invoking FERC jurisdictional issues, and if other states aim to advance their public policy initiatives using similar methods, it could impose higher costs on captive retail customers, say Joseph Fagan and David Doot at Day Pitney LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)