California

  • August 29, 2014

    Amazon Not Liable For Affiliates' IP Violations: 9th Circ.

    Amazon.com Inc. is not vicariously liable for copyright infringement based on the conduct of Amazon Associates — participants in the online sales giant’s affiliate-marketing program — who use copyrighted photos without permission on their websites, the Ninth Circuit ruled Friday when affirming a district court decision.

  • August 29, 2014

    EBay’s $4M Deal In Calif.’s No-Poach Case Wins Judge’s OK

    A California federal judge granted preliminary approval Friday to eBay Inc.’s $3.75 million settlement in state prosecutors’ case over eBay’s anti-competitive agreement not to poach Intuit Inc.’s workers, a sibling to the recently rejected $324.5 million class action deal between tech giants and Bay Area engineers.

  • August 29, 2014

    9th Circ. Says Debtor Can Recoup Atty Fees From Stay Appeal

    The Ninth Circuit on Friday determined a Chapter 13 debtor should be repaid for attorneys' fees incurred defending a creditor's appeal of a bankruptcy court ruling, finding the fees were recoverable because they constituted actual damages resulting from a violation of the automatic stay.

  • August 29, 2014

    John Wayne Estate Wants Fulbright DQ'd From Duke TM Suit

    John Wayne Enterprises LLC fired away at Fulbright & Jaworski LLP for not halting its representation of Duke University in a California federal court suit over trademarks related to alcoholic drinks bearing the late actor’s “Duke” nickname, saying the firm has gained access to the plaintiffs' confidential material and litigation strategy.

  • August 29, 2014

    Comcast Class Was Rightly Decertified, Appeals Court Says

    A California appeals court on Thursday affirmed a lower court’s decision to decertify a class of technicians in a suit brought against Comcast Corp. for allegedly overworking them and denying them meal and rest breaks, holding that data from a system for measuring the technicians’ time was unreliable.

  • August 29, 2014

    Gibson Dunn Bills Disputed By Mining Co. SouthGobi

    Mining company SouthGobi Resources Ltd. filed suit on Thursday against Gibson Dunn in California court, seeking a ruling that it doesn't owe the firm anything for allegedly unauthorized services Gibson Dunn attorneys provided a SouthGobi lawyer in connection with a criminal investigation in Mongolia.

  • August 29, 2014

    Calif. Bill On Uber, Lyft Insurance Offers Road Map For Pa.

    A bill moving through the California Legislature that puts commercial insurers for ridesharing companies on the hook as soon as the app is activated will be a useful guide as Pennsylvania seeks to establish standards for companies like Uber and Lyft, representatives for trial lawyers and insurers say in a rare point of agreement.

  • August 29, 2014

    Feds Rip PhRMA's Free Speech Claims In FCA Off-Label Suit

    The U.S. Department of Justice is urging a California federal judge to reject free speech arguments advanced in a False Claims Act case by Pharmaceutical Research and Manufacturers of America, adding more fuel to a fiery debate surrounding punishment of off-label promotion.

  • August 29, 2014

    9th Circ. Boots Oracle's Bid For $1.3B In SAP Software Suit

    The Ninth Circuit on Friday ruled that Oracle Corp. can accept $356 million from SAP AG for infringing Oracle's software copyrights or head to a new trial on damages but can't reinstate the $1.3 billion awarded by the jury in the case.

  • August 29, 2014

    Enviros Urge Calif. Court To Block $477M Sacramento Arena

    A $477 million sports arena planned for downtown Sacramento, California, was wrongfully pushed through an expedited approval process with the help of an unconstitutional law, environmental activists who seek to block the project argued in a brief filed Friday in California appeals court.

  • August 29, 2014

    BofA Works Out $447M Countrywide MBS Row With Insurer

    Bank of America Corp.’s mortgage lending unit reached a deal Thursday to end a lawsuit over an insurer's $447 million purchase of mortgage-backed securities from Countrywide Financial Corp., according to filings in California federal court.

  • August 29, 2014

    Calif. Student Online Privacy Bills Head To Governor

    The California Legislature has sent to the governor's desk a pair of groundbreaking student online privacy bills that would prohibit school districts and their third-party partners from surreptitiously analyzing students' social media postings and using their personal educational data to target advertising.

  • August 29, 2014

    Infineon's $3B Buy Of Chipmaker Sparks Shareholder Suits

    Shareholders of California-based chipmaker International Rectifier Corp. this week filed two putative class actions in California court over its proposed $3 billion acquisition by the German semiconductor giant Infineon Technologies AG, saying the transaction undervalues International Rectifier.

  • August 29, 2014

    Wells Fargo Loses Bid To Bar Insurer From 'ABD' Name

    A California federal judge on Thursday rejected Wells Fargo & Co.’s bid to bar ABD Insurance & Financial Services Inc. from using the name "ABD," saying that while Wells Fargo owns a valid trademark, it hasn’t shown that it is likely to suffer irreparable harm without an injunction.

  • August 29, 2014

    Attys Snag Arbitration Award From Failed Malpractice Claim

    San Francisco Bay Area-based Walsh Law Firm and Ramsey Law Group on Thursday collectively won about $400,000 in arbitration from an Atlanta data infrastructure company, which the arbitrator said had engaged in “Monday-morning quarterbacking” when it tried to get out of a settlement with AT&T.

  • August 29, 2014

    Google's $8.5M Privacy Deal Fails ‘Smell Test,’ Judge Says

    A California federal judge said Friday he’d likely reject Google Inc.’s $8.5 million settlement in a class action claiming the tech giant illegally divulged search data, saying the fact most of the money would go to charities Google already supports “doesn’t pass the smell test.”

  • August 29, 2014

    Tetley Plucks Competition Claim From Tea Label Class Action

    A California federal judge on Thursday trimmed an unfair competition claim from a putative class action alleging Tetley USA Inc. made unlawful and deceptive claims about antioxidants and health benefits bestowed by its teas, but left intact claims that the labels were fraudulent and misleading.

  • August 29, 2014

    BLM Reopens Door To California Oil Leasing For Fracking

    The Bureau of Land Management is reopening the door for oil leasing in California with a new comprehensive strategy for the federal oil and gas program in the state based on an independent science review of fracking and related technologies, the agency announced Thursday.

  • August 29, 2014

    Apple To Bring Denial Of Samsung Injunction To Fed. Circ.

    Apple Inc. said Friday that it would appeal to the Federal Circuit a California federal judge's refusal to permanently ban Samsung Electronics Co. Ltd. from selling several mobile phones and tablets that a jury recently found infringed Apple’s patents.

  • August 29, 2014

    Evoq Properties Sued By Shareholders Over $357.4M Buyout

    Evoq Properties Inc. was hit with a shareholder class action in California court Wednesday over the $357.4 million buyout deal it agreed to earlier this month, with investors claiming the company breached its fiduciary duty by failing to ensure that they would get a fair shake.

Expert Analysis

  • Inside The 3 Busiest Patent Litigation Forums

    Daniel Winston

    Knowing how the Eastern District of Texas, the Northern District of California, and the District of Delaware vary in case scheduling and stay practices will help practitioners determine if filing a petition for inter partes review or covered business method review is the right strategy, say Daniel Winston and Robert Shames of Choate Hall & Stewart LLP.

  • Breaking Down The Collapse Doctrine In Wash.

    Michael V. Silvestro

    It is too early to tell which approach Washington will adopt regarding the collapse doctrine, but whatever conclusion the Washington Supreme Court reaches it likely won't be unanimous — prior cases suggest the state could require an actual collapse, says Michael Silvestro of Robins Kaplan Miller & Ciresi LLP.

  • Calif. Anti-Fracking Ordinances On Shaky Legal Ground

    Jeffrey D. Dintzer

    Compton’s hydraulic fracturing ban may implicate the Takings Clause of the U.S. and California Constitutions since fracking is meant to access energy resources that cannot otherwise be extracted from the underlying property — the ban could constitute a taking of private property without just compensation, say Jeffrey Dintzer and Nathaniel Johnson of Gibson Dunn & Crutcher LLP.

  • Jury Is Still Out On Scope Of Arbitration Clauses

    Allan A. Joseph

    Corporate America should take notice of the trend among state courts that is narrowing the scope and reach of arbitration clauses and consider revisiting the engineering behind their protective shield, says Allan Joseph of Fuerst Ittleman David & Joseph PL.

  • EPA's Concern Over TCE Vapor Intrusion Is Misguided

    Richard C. Coffin

    A recently issued memo from a director of the U.S. Environmental Protection Agency on short-term trichloroethylene exposure levels in Region 9 should be reconsidered — if there is a legitimate weight of scientific evidence supporting them, then they should be applied to all Superfund sites, say attorneys of Barg Coffin Lewis and Trapp LLP.

  • Positive Trends in SoCal’s International Trade Growth

    Lindsey Martinez

    The Los Angeles area is poised to expand regional exporting efforts over the next few years. The region is uniquely positioned as the gateway to Asia, driving strong cultural, economic and business ties with Pacific Rim trading partners, says Lindsey Martinez of Snell & Wilmer LLP.

  • The 8 Gotchas Of Technology Contracting: Part 2

     Craig Auge

    Contracts for providing and obtaining technology establish important, often long-term relationships. When they involve mission-critical products and services, the impact of a flawed contract can be devastating, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • The 8 Gotchas Of Technology Contracting: Part 1

    Craig Auge

    Every business runs at least in part on technology — and, when contracting for technology products and services, the “gotchas” don’t discriminate based on size or industry. All parties can benefit from avoiding these situations, says Craig Auge of Vorys Sater Seymour and Pease LLP.

  • Call And Record Me Maybe: The State Of CIPA Class Actions

    Ryan C. Nier

    The opinion in Young v. Hilton Worldwide Inc. signals a significant shift away from case law trending dangerously toward liability for California companies recording calls for service monitoring, say Ryan Nier and Elizabeth Dorsi of Paul Hastings LLP.

  • Calif. High Court Case Has Not Made CEQA Obsolete

    Timothy M. Taylor

    Initial observations after the California Supreme Court's ruling in Tuolumne Jobs & Small Business Alliance v. Superior Court suggest that voter-sponsored initiative petitions under the Elections Code are not widely employed as an end-run around the California Environmental Quality Act, say attorneys at Stoel Rives LLP.