• December 18, 2014

    Steptoe Hit With $129M Calif. Legal Malpractice Suit

    Steptoe & Johnson LLP and a one-time partner of the firm were hit with a $129 million legal malpractice suit Tuesday in California state court, in which they are accused of failing to properly advocate for developers in a fight to secure big claims against a bankrupt mutual fund executive.

  • December 18, 2014

    Judge Tells Graco to Buckle Up For Faulty Car Seat Suit

    A California federal judge on Wednesday refused to throw out a proposed class action over car-seat maker Graco Children's Products Inc.’s allegedly defective belt buckles, ruling that a refund offer and recall effort don’t prevent plaintiffs from pursuing their claims.

  • December 17, 2014

    Nissan Gets Defective Infiniti Class Action Tentatively Trimmed

    A California judge on Wednesday tentatively pared a putative class action alleging Nissan North America Inc. deceived California and Texas consumers by selling Infiniti models with defective plastic dashboards that “bubbled” in heat or humidity, saying the Texas class representatives’ claims are barred by that state’s statute of limitations.

  • December 17, 2014

    Lenovo Wins Cut Of 'Astronomical' Fee Bid In Defect Suit

    Lenovo (United States) Inc. won a drastic cut in plaintiffs’ request for $8.9 million in attorneys’ fees after the parties settled a California federal class action accusing the company of marketing defective laptops, with a judge saying they could only receive $1.2 million.

  • December 17, 2014

    Fox Can't End Directors' Home-Video Profits Class Action

    A California judge on Wednesday rejected Twentieth Century Fox Film Corp.’s bid for a quick win in a putative class action alleging it withheld home-video profits from directors of old Hollywood movies, ruling class representative Mark Rydell has standing even if his film is unprofitable by Fox’s calculation.

  • December 17, 2014

    CNN, Others Denied Copy Of Steve Jobs Depo In Apple Case

    A California federal judge on Wednesday blocked Cable News Network Inc. and other media outlets from obtaining a video deposition from late Apple co-founder Steve Jobs after it was played for the jury earlier this month in the $351 million iTunes antitrust class action trial.

  • December 17, 2014

    AliphCom Unplugs False Ad Suit Over Jawbone UP Batteries

    A California federal judge said on Wednesday that he would toss a proposed nationwide class action accusing Jawbone UP maker AliphCom of misrepresenting battery-related defects in its fitness tracking devices, saying he didn't think the plaintiffs have alleged any actionable misrepresentation on AliphCom's part.

  • December 17, 2014

    Insurer Says It Doesn't Have To Cover Target In Copyright Suit

    Samsung Fire & Marine Insurance Co. Ltd. on Wednesday sued Target Corp. and lingerie maker Parisa USA in California, claiming it doesn't need to provide coverage to those companies in an underlying suit alleging they sold and manufactured copyright-infringing lingerie.

  • December 17, 2014

    Fight Over UCLA’s $162M Hotel Plan Hits Calif. Appeals Court

    A nonprofit fighting UCLA's proposed $162 million hotel and conference center urged a California appellate panel Tuesday to overturn a judge's order tossing its suit under the state's anti-SLAPP law, saying its claims that the plan is an unlawful transfer of public funds are protected under a public interest exemption.

  • December 17, 2014

    Silk Road's 'Dread Pirate' Blew Off Verbal Plea Deal Offer

    Alleged Silk Road mastermind Ross Ulbricht said Wednesday in Manhattan federal court that he ignored an opportunity to plead guilty prior to being formally indicted for running a global online drug trafficking and money laundering operation.

  • December 17, 2014

    9th Circ. Won't Revive IGT Stock Drop Suit

    The Ninth Circuit on Wednesday declined to revive a derivative suit accusing International Game Technology's board of causing an 84 percent stock drop by lying about the company’s health, finding that it made the same claims as four other derivative suits that were also tossed.

  • December 17, 2014

    Class Seeks Forward Momentum In Ford Steering Defect Suit

    A class of car owners suing Ford Motor Co. fought back Tuesday against the auto giant's motion to toss their action over allegedly faulty power-steering systems from California federal court, calling Ford's argument for dismissal meritless.

  • December 17, 2014

    Illegal Tax Shelter Traders Fight To Deduct Currency Losses

    Two partnerships that operated illegal tax shelter funds urged a California federal judge on Wednesday to allow their tax deductions on losses from currency trades that were part of the scheme, arguing they qualify for the deduction because the trades were intended to yield profits.

  • December 17, 2014

    Chanos Beats Wynn Resorts' FCPA Defamation Suit

    A California federal judge on Tuesday tossed casino mogul Steve Wynn’s defamation suit accusing short-seller James Chanos of saying at an invitation-only journalism conference that Wynn violated the Foreign Corrupt Practices Act, ruling Chanos' opinions about casinos in Macau were much vaguer than that.

  • December 17, 2014

    Allergan Investors Accuse Valeant, Pershing Of Takeover Plot

    Valeant Pharmaceuticals International Inc. illegally fed Pershing Square Capital Management LP inside information about its attempted $55 billion takeover of Allergan PLC in exchange for the hedge fund’s support, a proposed class of investors alleged Tuesday in California federal court.

  • December 17, 2014

    Philips Puts Down $1.2B For Medical Device Manufacturer

    Royal Philips agreed to buy medical device maker Volcano Corp. for $1.2 billion, it said Wednesday, marking its biggest health-related acquisition in more than a half-decade and also relieving activist pressure on California-based Volcano to shake up its strategy.

  • December 16, 2014

    Artists Urge 9th Circ. To Rescue Calif. Resale Royalty Law

    Visual artists seeking royalties on resale of their works by Christie's Inc., Sotheby's Inc. and eBay Inc. urged the Ninth Circuit on Tuesday to restore California’s Resale Royalties Act and revive their class actions, saying the statute doesn’t violate the federal Commerce Clause.

  • December 16, 2014

    Goodwin Procter Snags Ex-Morgan Lewis IP Pro

    Goodwin Procter LLP announced Monday that it had added an intellectual property and technology expert from Morgan Lewis & Bockius LLP as a partner in its San Francisco office, less than a month after the latter firm agreed to acquire 750 attorneys from Bingham McCutchen LLP.

  • December 16, 2014

    Armed With Alice Ammo, Netflix Calls Rovi Patents Invalid

    Netflix Inc. asked a California federal judge Monday to throw out patent infringement claims made by Rovi Corp. over its interactive channel guide technology and other software, saying the patents fail the U.S. Supreme Court's Alice test.

  • December 16, 2014

    MMA Fighters Clobber UFC With Monopoly Class Action

    Current and former mixed martial arts fighters hit the Ultimate Fighting Championship with a multimillion-dollar putative class action in California federal court Tuesday, alleging the company maintains a stranglehold on the MMA market, has systemically choked out rival promoters and is blocking fighters from higher earnings.

Expert Analysis

  • Product Liability In The Age Of Global Pandemics

    Hildy Sastre

    Shahinian v. Kimberly-Clark Corp. illustrates some of the many challenges facing product liability litigation based on the fear of pandemics and shows that even the most insulated business can face claims related to injuries caused by diseases over which it had no control, say Hildy Sastre and Iain Kennedy of Shook Hardy & Bacon LLP.

  • Is Jury’s Verdict In IPod Antitrust Litigation Irrelevant?

    Daniel Ferrel McInnis

    The iPod antitrust trial proceeded to a verdict Tuesday in Apple Inc.’s favor, despite the lack of an actual plaintiff. This class action presents the stark contrast between the broad discretion of courts to organize and manage cases, especially complicated ones, against the federal courts’ limited power to hear cases as cabined by the Article III standing requirement of the Constitution, say attorneys with Thompson Hine LLP.

  • Top 10 Trade Secrets Developments Of 2014: Part 1

    Kerry Bundy

    Trends we saw in trade secret law this year — including the growing importance of specifically identifying trade secrets early in litigation and the continuing trend toward large damages awards and settlements in trade secrets cases — promise to shape developments in the years ahead, say attorneys with Faegre Baker Daniels LLP.

  • In 2014, Plaintiffs Gained Some Ground Lost After Twombly

    Robert Connolly

    Whether plaintiffs have alleged more than parallel conduct or the possibility of a conspiracy is a fact-specific question, but it does appear that in 2014 plaintiffs have had somewhat more success in getting the judge to budge on the nudge from possible to plausible in Twombly motions, say Robert Connolly and Joan Marshall, partners with GeyerGorey LLP and former U.S. Department of Justice Antitrust Division prosecutors.

  • 9 Lessons For Creditors From Detroit's Bankruptcy

    Lawrence A. Larose

    A great deal of ink has already been spilled on what Detroit's bankruptcy case means, particularly from the viewpoint of the municipality and its citizens. As counsel for one of the largest creditors in the city’s Chapter 9 case, we offer the following nine lessons for creditors and other stakeholders of distressed municipalities, say Lawrence Larose and Samuel Kohn of Chadbourne & Parke LLP.

  • Year In Review: 2014 State And Local Employment Laws

    Susan Gross Sholinsky

    In 2014, states, cities, counties and other localities have been busy picking up Congress' slack on employment law by introducing bills and enacting laws on issues such as ban the box, sick leave and pregnancy accommodation, say Susan Gross Sholinsky and Nancy Gunzenhauser of Epstein Becker & Green PC.

  • Notice Period Doesn't Cause 9th Circ. To Pause On ESA

    Benjamin Rubin

    The Ninth Circuit's decision in Alliance for the Wild Rockies v. U.S. Department of Agriculture permitting plaintiffs to amend a complaint to add claims under the Endangered Species Act after sending a notice of intent to sue and waiting the requisite 60 days represents a significant shift in the law — federal courts have prohibited such amendments in the past, say attorneys at Nossaman LLP.

  • Some Hope For Software Patents Post-Alice

    Jacob Martinez

    California Institute of Technology v. Hughes Communications Inc. is significant not only because it is one of the few cases where a district court has reviewed software-related patent claims in light of Alice and found those claims to be patent-eligible, but also for the depth and breadth of the analysis by the patent-savvy California federal court, says Jacob Martinez of Chadbourne & Parke LLP.

  • Tracking HIPAA Liability Trends At The State Level

    Anna Spencer

    While the Health Insurance Portability and Accountability Act does not provide a private right of action for plaintiffs, some states have permitted plaintiffs to essentially circumvent the prohibition of a private right of action by allowing plaintiffs to use HIPAA as a standard of care in state law negligence claims, say attorneys at Sidley Austin LLP.

  • Calif. Egg Regs May Leave Farmers Scrambling

    Amie Medley

    With the recent dismissal of a multistate lawsuit on standing grounds that challenged California’s new egg regulations, which require farmers to provide additional space for egg-laying hens, out-of-state egg farmers should now prepare for the rules to take effect next year, says Amie Medley of Arnold & Porter LLP.