• August 22, 2014

    Fresno Developer Protests Tax Treatment of $2.9M Gift

    A Fresno, California-based real estate development company is protesting an Internal Revenue Service determination decreasing its charitable deduction tied to a $2.9 million piece of property it donated to a nonprofit corporation.

  • August 22, 2014

    FedEx Board Sued Over DOJ Drug Investigation

    FedEx Corp.'s directors were hit with a lawsuit in California federal court on Thursday over the company's “devastating” alleged business practice of knowingly shipping illegal drugs from online pharmacies, which has led to recent criminal indictments for drug trafficking and money laundering.

  • August 22, 2014

    Howmedica Sales Reps. Win Cert. In Reimbursement Suit

    A California federal judge on Thursday certified a class of sales representatives who have accused Stryker Corp. and its subsidiary Howmedica Osteonics Corp. of failing to reimburse them for business expenses, finding the putative group had met all of their certification requirements.

  • August 22, 2014

    Hospital Looks To Settle Skid Row Patient Discharge Suit

    A Los Angeles-area hospital said Friday that it's in talks to settle a new lawsuit brought by city officials alleging illegal discharges of homeless and mentally ill patients onto the dangerous and drug-laden streets of Skid Row.

  • August 22, 2014

    DOI Could Face Suit Over Solar Projects' Threat To Birds

    The Center for Biological Diversity on Thursday accused the federal government of failing to protect endangered marsh birds that have been killed at large solar projects in the California and Arizona deserts.

  • August 22, 2014

    Tishman Speyer Acquires Murdock Plaza In Los Angeles

    Tishman Speyer Properties LP has acquired the prominent Los Angeles office tower Murdock Plaza at 10900 Wilshire Blvd. for an undisclosed amount, the New York-based real estate development and asset management firm said Thursday.

  • August 21, 2014

    Allergan Suit May Not Stop Meeting To Replace Board

    A California federal judge refused to fast-track Allergan Inc’s insider trading suit against Valeant Pharmaceuticals International Inc. as it attempts a hostile takeover of Allergan, ruling Thursday that a special board meeting won't necessarily be put on hold during litigation.

  • August 21, 2014

    9th Circ. Chief Judge Not On Board With Attack On NSA Bill

    Chief Judge of the Ninth Circuit Alex Kozinski has clarified that he has "serious doubts" about the views expressed by the federal courts' administrative chief who recently attacked a proposed U.S. Senate bill to curb the National Security Agency’s controversial bulk telephone record collection program.

  • August 21, 2014

    ACLU Pushes For Data From LA License Plate Scanner Cams

    The American Civil Liberties Union urged a California judge on Thursday to force Los Angeles' city and county governments to turn over data on millions of license plates scanned by cameras posted along streets and on law enforcement cars, contending the records could bring to light unfair policing practices.

  • August 21, 2014

    Kia, Hyundai's $255M Deal In Fuel Efficiency MDL Gets OK

    Hyundai Motor America and Kia Motors America won approval from a California federal judge on Thursday for a settlement potentially worth over $255 million to resolve claims in multidistrict litigation that the companies overstated the fuel efficiency of over 900,000 vehicles.

  • August 21, 2014

    NBC Urges Judge To Toss Ex-Reporter's Age Bias Suit

    NBCUniversal Media LLC on Thursday urged a California judge to toss a fired investigative journalist's age-discrimination claims, saying the the ex-employee wasn't legally permitted to bring the suit because he failed in three attempts to first lodge a valid administrative complaint with a state employment agency.

  • August 21, 2014

    9th Circ. Tosses Crash Claims Against French Plane Co.

    The Ninth Circuit on Thursday upheld a lower court's decision to dismiss claims against ATR over a 2010 plane crash in Cuba, citing the U.S. Supreme Court's landmark Daimler ruling to find that the France-based aircraft manufacturer cannot be subject to personal jurisdiction in California.

  • August 21, 2014

    Jamba Juice Buyers Seek Cert. In 'Natural' False Ad Suit

    Jamba Juice Co. customers urged a California federal judge on Thursday to certify a class of California consumers who bought the company's at-home smoothie kits and claimed that its “all natural” labeling was false because the products contain synthetic ingredients, including gelatin and xanthan gum.

  • August 21, 2014

    Samsung Strikes Out In Bid To Nix Apple Patents Under Alice

    A California federal judge on Thursday denied a motion by Samsung Electronics Co. Ltd. arguing that under the U.S. Supreme Court's Alice Corp. decision, two Apple Inc. smartphone patents are invalid for claiming abstract ideas, ruling that Samsung waited too long to raise the issue.

  • August 21, 2014

    PE-Backed Restaurant Manager Snaps Up Hot Dog On A Stick

    Global Franchise Group LLC, which is backed by a Los Angeles private equity firm, has bought the assets of the bankrupt owner of fast-food chain Hot Dog on a Stick, in a move that significantly bolsters its restaurant portfolio, the company announced Thursday.

  • August 21, 2014

    $5B Suit Over Chevron Nigeria Rig Blast Falls Short Again

    A California federal judge has for a second time dismissed a $5 billion suit against Chevron Corp. over a deadly 2012 gas rig explosion and subsequent 46-day fire, saying Thursday that the named plaintiffs hadn't followed instructions to detail their own injuries — but offering them one more try under the Ninth Circuit's liberal amendment policy.

  • August 21, 2014

    Clarion Partners Pays Ares $107M For SF Office Building

    Clarion Partners LLC has picked up a 155,000-square-foot office building in San Francisco from funds managed by Los Angeles-based private equity giant Ares Management LP for $107 million, Clarion announced Thursday.

  • August 21, 2014

    RadioShack Workers Lose 2nd Bid For Cert. In OT, Break Suit

    A group of workers suing RadioShack Corp. for allegedly refusing to give them breaks for pay for overtime lost a second bid for class certification when a California federal judge ruled the plaintiffs hadn't adequately shown they could prove the company's policy of denying breaks was implemented, according to an order filed Thursday.

  • August 21, 2014

    Irell Hires 6 Media And Transactions Attys From Liner In LA

    Irell & Manella LLP has lured a veteran entertainment partner and five other attorneys from Liner LLP to serve in Irell’s Los Angeles office and strengthen the law firm’s corporate and media and entertainment practice groups, Irell announced on Thursday.

  • August 21, 2014

    AmEx Agrees To $6M Class Settlement Over Rate Changes

    American Express Bank FSB has agreed to pay up to $6 million to end accusations it improperly increased consumers’ fixed interest rates to a higher, variable rate without permission or notification, the plaintiffs disclosed Wednesday in California federal court.

Expert Analysis

  • 9th Circ. Is Stuck In The '90s On Internet Terms Of Use

    Katherine Gasztonyi

    The Ninth Circuit's recent decision in Nguyen v. Barnes & Noble Inc. relies on the assumption that people don’t know about the existence of website terms of use. That might have made sense in, say, 1996, but this is simply no longer the case, say attorneys with Covington & Burling LLP.

  • Recent FTAIA Cases Leave Important Questions Unresolved

    Jeffrey Jacobovitz

    In the last five months, three circuit courts have interpreted the Foreign Trade Antitrust Improvements Act, with some staking out differing positions on important aspects — namely, the requirement that foreign anti-competitive conduct have a direct effect on U.S. commerce in order to fall outside the FTAIA's general exemption for foreign conduct, say Jeffrey Jacobovitz and David Hobson of Arnall Golden Gregory LLP.

  • 9th Circ. Permit Ruling Could Affect Projects Nationwide

    Sandra Y. Snyder

    The Ninth Circuit's ruling in Sierra Club v. EPA may have broad implications for the timing of Clean Air Act preconstruction permitting, which may be compounded by a recent D.C. Circuit opinion that could ultimately require the U.S. Environmental Protection Agency to apply this precedent on a national scale, say Richard Alonso and Sandra Snyder of Bracewell & Giuliani LLP.

  • 9th Circ. Questions De Minimis CERCLA Settlements

    Rick R. Rothman

    The Ninth Circuit's decision in Arizona v. Tucson does not change the legal standards for approval of Comprehensive Environmental Response Compensation and Liability Act consent decrees, but it does suggest that courts will be taking a closer look at de minimis settlements, say attorneys at Bingham McCutchen LLP.

  • Get Ready For Calif.'s New Stormwater Permit Regime

    Maureen F. Gorsen

    New facilities need to quickly assess whether they can comply with California’s new Industrial Stormwater Permit rules. If they cannot, they should consider obtaining coverage under the 1997 permit and then transition into the new permit as an existing facility, say Maureen Gorsen and Andrew Brady of Alston & Bird LLP.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • A Different Claim Aggregation Method To Avoid SLUSA

    Benjamin P. Edwards

    As the securities class action continues to experience death by a thousand cuts, we may soon see increasing numbers of the "disaggregated class" — a new tactic some plaintiff attorneys have begun to deploy to work around the Securities Litigation Uniform Standards Act by filing duplicative state court cases, says Benjamin Edwards of Michigan State University College of Law.

  • 2 Calif. Cases Professional Liability Insurers Must Know

    James P. Koelzer

    MacRae v. HCR Manor Care Services could be seen as helpful to professional liability insurers because it makes the applicable standard for nursing hours per patient day clear, while also making it more difficult for residents to assert class action claims against these type of facilities, say James Koelzer and Charles Cannizzaro of Robins Kaplan Miller & Ciresi LLP.

  • New Calif. Provider Playing Field Benefits Patients

    Edward A. Stumpp

    Read together, two recent California appellate court cases deal a powerful blow to providers attempting to extract fully billed charges from payors when patients are forced to, or unwittingly, seek medical services out of network, say Edward Stumpp and Jonathan Sandler of Brownstein Hyatt Farber Schreck LLP.

  • The Use Of Statistical Sampling Post-Duran

    Sarah Butler

    As the California Supreme Court pointed out in Duran vs. U.S. Bank, determining the appropriate sample size in a class action needs to be based on scientific principles and some understanding of the underlying population’s distribution — if the variation in the population is significant a large sample size may be required, says Sarah Butler of National Economic Research Associates Inc.