California RSS

  • April 23, 2014

    Writer Says Grooveshark Computer Subpoena Violates Privacy

    A music journalist on Wednesday urged a California appeals court to block a subpoena of his computer servers by the owner of music streaming service Grooveshark in its defense of a copyright claim by UMG Recordings Inc., saying demands for an invasive inspection violate his privacy rights as a third party.

  • April 23, 2014

    Ford, Mercedes, BMW Shotgunned With Car-Safety IP Suits

    Patent holder Signal IP Inc. filed a slew of infringement suits Wednesday in California federal court against Ford Motor Co. and the U.S. arms of Mercedes-Benz, BMW Group and others, accusing their cars of using Signal’s car safety patents, including for a blind spot radar.

  • April 23, 2014

    Calif. Appeals Court Again Says Plans Must Cover Autism Care

    A California appeals court on Wednesday again held that the Department of Managed Health Care is required by law to direct health plans to provide coverage for autism treatment performed by certified therapists, even if they don’t have medical or psychology licenses.

  • April 23, 2014

    K&L Gates Adds Ex-Yahoo GC To M&A Group In Calif., Taiwan

    Former Yahoo Inc. general counsel Jim Wu has returned to K&L Gates LLP as a partner in its corporate mergers and acquisitions practice in Taipei and Palo Alto, Calif., focusing on private equity and technology-related enterprises in the Asia-Pacific region, the firm announced Monday.

  • April 23, 2014

    Calif. Appeals Court Urged To Send BevMo Suit To Arbitration

    Beverages & More Inc. on Wednesday urged a California appeals court to send a potential wage-and-hour class action suit to arbitration, saying a lower court had erred in ruling that an arbitration clause in the plaintiff's employment agreement with the liquor retailer was too ambiguous to enforce.

  • April 23, 2014

    Stryker Can't Dodge Howmedica Worker Reimbursement Suit

    A California federal judge on Tuesday refused to toss a putative class action accusing Stryker Corp. of failing to reimburse workers' business expenses, rejecting the medical technology giant's argument that it isn't liable because the workers were instead employed by subsidiary Howmedica Osteonics Corp.

  • April 23, 2014

    Sandisk Denies Retail Deals Created SD Card Monopoly

    Sandisk Corp. urged a California federal judge on Wednesday to toss accusations that Sandisk’s exclusive sales agreements with retailers created an illegal monopoly in the SD memory card market, arguing in the suit, which also disputes Sandisk's patent licensing, that the agreements don't prohibit other manufacturers from competing.

  • April 23, 2014

    FedEx, Others Hit With $100M Wrongful Death Suit In Calif.

    The mother of a high school student who was killed when a FedEx Corp. truck crashed into a bus of students hit the company with a $100 million wrongful death suit Tuesday in California court, the first over the deadly crash, claiming FedEx's trucks had a history of catching fire.

  • April 23, 2014

    FTC Greenlights $2B Facebook, Oculus Deal

    The Federal Trade Commission granted early termination to the required waiting period for Facebook Inc.’s $2 billion acquisition of Oculus Rift VR, the company developing a virtual reality headset, according to a brief notice Wednesday.

  • April 23, 2014

    Google, SunPower Put Up $250M For Solar Lease Program

    Google Inc. and SunPower Corp. are investing as much as $250 million in a new program to finance residential solar lease projects, the companies announced Wednesday.

  • April 23, 2014

    AT&T, Lucent Land $2.6M Fee Award In Calif. Sales Tax Fight

    California's tax regulator must pay $2.6 million in attorneys' fees to AT&T Corp. and Lucent Technologies Inc. in a long-running battle over sales and use tax payments after a state judge ruled Friday that the tax agency wasn't justified in defending the suit.

  • April 23, 2014

    UC Regents Ink $10M Settlement With Whistleblowing Surgeon

    The Regents of the University of California on Tuesday agreed to pay $10 million to settle a lawsuit brought by an orthopedic surgeon at the UC Los Angeles health system who accused the school of retaliating against him for reporting physicians’ misconduct and conflicts.

  • April 23, 2014

    7-Eleven Wins Final Dismissal Of Potato Chip Labeling Suit

    A federal judge on Monday brought an end to a proposed class action accusing 7-Eleven Inc. of mislabeling its potato chips, finding the convenience store chain did not mislead the plaintiff into buying the products.

  • April 23, 2014

    Duracell To Pay $50M In Battery Power Settlement

    The Gillette Co. and The Procter & Gamble Co. have agreed to pay almost $50 million to settle two class actions alleging they misled customers about the battery life of Duracell’s Ultra Advanced and Ultra Power batteries, according to documents filed Tuesday in Florida federal court.

  • April 23, 2014

    Calif. Panel Passes 'Yelp Bill' To Protect Customer Reviews

    The California Assembly’s Judiciary Committee on Tuesday waved through the so-called Yelp bill, which would prohibit companies from stifling consumer reviews unless a consumer has expressly waived his or her right to give an opinion.

  • April 23, 2014

    Supplement Maker Xymogen Faces Toxic Warning Label Suit

    California’s Environmental Research Center sued dietary supplement maker Xymogen in state court Monday for more than $15 million on claims that it manufactures products containing lead without the proper health warnings. 

  • April 23, 2014

    Chrysler Sues Calif. Town Over City Development Plan

    Chrysler Group Realty Co. LLC slapped California's city of Hayward with a lawsuit on Monday, alleging that the town's plan to put a park and new road lanes on Chrysler-owned property is unlawful and unfairly singles out the company.

  • April 23, 2014

    Aveda, Estee Lauder Hit With Beauty School Wage Suit

    A former beauty school student slapped Estee Lauder Inc. and Aveda Corp. with a collective action suit in California court on Tuesday, accusing the companies of treating trainees as unpaid employees, in violation of state and federal labor law.

  • April 23, 2014

    LinkedIn Inks Lease For 26-Story San Francisco Tower

    LinkedIn Corp. has signed a lease for an entire 26-story San Francisco building with more than 450,000 square feet of office space, Mayor Edwin M. Lee and Tishman Speyer Properties LP announced Tuesday.

  • April 23, 2014

    Whistleblower Looks To DQ Firm From Medicare Fraud Suit

    The relator behind a lawsuit accusing a Pacific Health Corp.-owned hospital of Medicare and Medicaid fraud in violation of the False Claims Act on Tuesday requested that a California federal judge remove one of the facility's lawyers from the case because he had represented her in a previous lawsuit.

Expert Analysis

  • Should Gov't Be Held Liable For WWII Industrial Pollution?

    Christopher H. Marraro

    The question of whether the U.S. government should be held liable for cleanup costs at industrial facilities that produced war material during WWII is playing out in ExxonMobil Corp. v. USA. We believe that three cases decided in the 1990s, which remain good law, answer this question in the affirmative, say Christopher Marraro and Thomas Hogan of BakerHostetler LLP.

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • 'Urban Decay' Still Plagues Calif. Big-Box Retail Plans

    Robert D. Thornton

    The latest decision in California's ongoing big-box retail battle came from a state appellate court in California Clean Energy Committee v. City of Woodland, which invalidated the approval of a development project. The reversal highlights a number of important California Environmental Quality Act compliance issues — not least among them mitigating "urban decay" and energy impacts, say Benjamin Rubin and Robert Thornton of Nossaman LLP.

  • Let The Frequent Flyer Beware: Airlines Can Nix Memberships

    Marie E. Williams

    The U.S. Supreme Court recently ruled in Northwest Inc. v. Ginsberg that the Airline Deregulation Act preempts a state-law claim for breach of the implied duty of good faith and fair dealing if the claim seeks to enlarge the contractual obligations of parties. The practical result is that any airline can terminate a frequent flyer membership according to the terms of its contract, without fear of implied duties being applied to it, says Marie Williams of Faegre Baker Daniels LLP.

  • NCAA Player Antitrust Class Action Advances To Final Round

    Bruce Sokler

    Nearly five years into the lawsuit, a California federal court recently denied the NCAA's summary judgment motion and ordered that the student-athletes' antitrust claims proceed to trial in June. The decision is noteworthy in its fact-intensive assessment of the NCAA’s procompetitive justifications, its repeated reliance on the least restrictive means test and its demands that the specific restraint be closely tied to the purported procompetitive justifications, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Earth Day And The Evolution Of Environmental Law

    Timothy J. Bergere

    Since 1970, environmental lawyers have been immersed in a myriad of federal, state and local environmental laws and regulations, beginning with the National Environmental Policy Act. As the movement has grown, Earth Day has become a placeholder for the idea that we can better manage our environment, and in the legal community, it reminds us that we must continue advancing the law with the goal of a cleaner environment in mind, says Timothy Bergere of Montgomery McCracken Walker Rhoads LLP.

  • Eyes On The Road: Trucking Perspective For 2014

    Michele H. Gehrke

    Trucking employers should note two developments that could impact their operations and employee relations in the coming year — the U.S. Department of Transportation proposal for a national drug and alcohol clearinghouse, and two pending cases in the Ninth Circuit pitting California wage and hour laws against the Federal Aviation Administration Authorization Act, says Michele Haydel Gehrke of Seyfarth Shaw LLP.

  • POM Finds Class Decertification Ruling Wonderful

    Richard L. Goldfarb

    A California federal court recently decertified the proposed class in an action against POM Wonderful LLC over health claims about its juice. Plaintiffs failed to certify their class against POM for the same reason certification failed in another recent case against Ben & Jerry's Homemade Inc. — ascertainability. Whether this is another nail in California's class action coffin remains to be seen, but plaintiffs should expect stricter scrutiny from courts regarding class claims, says Richard Goldfarb of Stoel Rives LLP.

  • The State Of Arbitration Enforcement In Calif.

    Neil R. Bardack

    Even with the judicial impact of several U.S. Supreme Court opinions, beginning with AT&T Mobility v. Concepcion, the predicament for the practitioner and client is that any provision that seeks to enforce arbitration of labor and consumer remedy statutes, or that makes the cost of arbitration too one-sided, runs a significant risk of not being enforced in a California state court, say Neil Bardack and Shannon Nessier of Hanson Bridgett LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.