• July 21, 2014

    Kilpatrick Snags IP, Employment Experts From K&L Gates

    Kilpatrick Townsend & Stockton LLP said Monday it has lured two lawyers from K&L Gates LLP with expertise in intellectual property, employment and competition matters, as well as class actions, to round out its California office in Silicon Valley.

  • July 21, 2014

    No Easy Answer On Performance Rights For Pre-'72 Records

    Digital radio services Sirius XM and Pandora are duking it out with musical artists and the record labels in courts across the country over whether or not they need to pay to play sound recordings from prior to 1972. Experts say that's an extremely tough question — with no easy answers.

  • July 21, 2014

    Novus Wants Rival Sanctioned In Sex Enhancer Rip-Off Row

    Health supplement supplier Novus Optimum Labs asked a California federal judge on Monday to sanction a rival company Novus says infringed trademarks and stole trade secrets related to its products, including penis-enhancement and vagina-tightening formulas, saying the defendants didn't cooperate with discovery demands.

  • July 21, 2014

    Ex-Qualcomm Exec Pleads Guilty To Insider Trading

    Former Qualcomm Inc. executive Jing Wang on Monday pled guilty in California federal court to criminal charges of insider trading in shares of Qualcomm and Atheros Communications Inc. stock and laundering the proceeds through an offshore shell company, the U.S. Department of Justice announced.

  • July 21, 2014

    Google Gets Claims Trimmed In Kids' In-App Purchases Suit

    A California federal judge on Monday trimmed a putative class action accusing Google Inc. of enticing kids to spend money on games without their parents’ permission, tossing most claims brought under state consumer protection statutes but preserving one that the games were deceptively advertised.

  • July 21, 2014

    Trader Joe's Denied Arbitration In Pretzel Conspiracy Suit

    The snacking company behind Trader Joe's Co.'s profitable peanut butter-filled pretzels on Monday defeated the grocery chain's bid to send to arbitration allegations that Trader Joe's made an illegal deal with baker ConAgra Foods Inc. to cut out the snack's creator.

  • July 21, 2014

    LA Sues Hospital For Spinal Implant Overbilling Scheme

    Los Angeles County sued a Long Beach hospital, its former president, and medical device company International Implants LLC in California court Friday, claiming their scheme to inflate the cost of spinal surgery equipment cost the county's workers' compensation plan millions of dollars.

  • July 21, 2014

    Calif. Appeals Court Sends Redfin RE Agents To Arbitration

    A real estate agent who brought an employment class action in California court alleging Redfin Corp. cheated agents out of pay will have to take his fight to arbitration, an appellate court ruled Monday.

  • July 21, 2014

    Sutter Health Beats Patient Data Theft Claims On Appeal

    A California appeals court on Monday reversed a decision holding Sutter Health accountable after a computer containing millions of patient records was stolen, finding that the plaintiffs who brought the $4 billion suit hadn't shown that unauthorized people looked at their data.

  • July 21, 2014

    Calif. Oil Regulator To Scrutinize Injection Well Rules

    California's oil and gas regulator said Friday it would review the state’s rules for injection wells to ensure they fully comply with the requirements of the federal Safe Drinking Water Act in the wake of concerns about groundwater contamination at a number of wells. 

  • July 21, 2014

    Apple Points Judge To Fed. Circ. Ruling In Patent Suit

    Apple Inc. told a California federal court Monday that a patent at issue in a Chinese inventor's infringement suit over software protection technology was recently found invalid by the Federal Circuit, a ruling that ended similar infringement suits against Google Inc. and technology companies.

  • July 21, 2014

    Satellite Maker Fights Injunction After $283M Jury Verdict

    Satellite company Space Systems/Loral LLC attacked a motion for permanent injunction filed by ViaSat Inc., saying the company that won a $283 million jury verdict for patent infringement in April hadn’t established a record showing it fit the bill for injunctive relief, according to a response filed Friday in California federal court.

  • July 21, 2014

    'Girls Gone Wild' Founder Faces Contempt For Flouting Orders

    “Girls Gone Wild” founder Joe Francis was found in contempt Friday for entering the offices of his bankrupt company, harassing employees and not returning two company cars in violation of a temporary restraining order and preliminary injunction, a California bankruptcy judge ruled.

  • July 21, 2014

    Valeant Tells Regulators Allergan is Misleading Investors

    Valeant Pharmaceuticals International Inc. said Monday it has contacted U.S. and Canadian regulators saying Allergan Inc., the Botox maker and target of it and activist investor Bill Ackman's $53 billion takeover, was trying to mislead investors over the performance of Valeant’s Bausch & Lomb Inc. business.

  • July 21, 2014

    Sterling Trust Faces $480M Default If Revoked, CFO Says

    Donald Sterling's family trust, which controls the Los Angeles Clippers and Sterling's real estate holdings, would default on $480 million in debt if he is allowed to revoke the agreement and halt the team's $2 billion sale, the chief financial officer for Sterling's properties testified Monday.

  • July 21, 2014

    Power Integrations Defends $105M Patent Win Over Fairchild

    Power Integrations Inc. urged a California federal judge on Friday to preserve a $105 million jury verdict against Fairchild Semiconductor International Inc. for allegedly infringing two Power Integrations power-supply patents, saying the jury decision didn't result in an impermissible double recovery.

  • July 21, 2014

    Bigelow Gets Fraud Claims Bagged In Tea Class Action

    A California federal judge on Friday trimmed a proposed class action accusing R.C. Bigelow Inc. of inflating the health benefits of antioxidants in its tea products, saying he was convinced by consumers' arguments that those boasts were unlawful but not that they were fraudulent or unfair.

  • July 21, 2014

    Amazon Says High Court Case Will Affect Calif. Wages Claims Inc. told a Kentucky federal judge on Friday that an upcoming U.S. Supreme Court ruling on whether employees deserve pay for time spent passing through security checks will “absolutely” affect wage claims brought against Amazon by California warehouse workers.

  • July 21, 2014

    Calif. Restaurants Sue DOI Over Oyster Farm Shutdown

    Tomales Bay Oyster Co. and several Bay Area restaurants launched suit in California federal court Friday alleging federal officials violated aquaculture and coastal management laws when they ordered the Drakes Bay Oyster Co., a major California oyster farm, to shut down by July 31.

  • July 21, 2014

    Ex-Autonomy CFO Seeks To Block HP Derivative Suit Deal

    A former Autonomy Corp. executive on Monday filed a motion in California federal court seeking to block Hewlett-Packard Co.'s proposed settlement of three shareholder derivative lawsuits stemming from its $11.1 billion acquisition of Autonomy, contending that the deal is collusive and unfair.

Expert Analysis

  • 9th Circ. Thinks Inside The Bun In Taco Bell TCPA Suit

    Paul A. Werner

    A Ninth Circuit decision in Thomas v. Taco Bell Corp. provides much-needed guidance and a clear limitation on the vicarious liability concepts introduced by the Federal Communications Commission to the Telephone Consumer Protection Act litigation mix, say Paul Werner and J. Aaron George of Sheppard Mullin Richter & Hampton LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Calif. Retailers Are Not Required To Have AEDs, Yet

    Edward A. Stumpp

    The California Supreme Court's Verdugo v. Target Corp. is a reprieve — likely a temporary one — and falls short of providing guidance retailers can rely on in deciding whether to make automated external defibrillators available on their premises, say Edward Stumpp and Mitchell Langberg of Brownstein Hyatt Farber Schreck LLP.

  • Ambiguities Remain Despite 9th Circ. AU Optronics Ruling

    Robert E. Bloch

    Unfortunately, the Foreign Trade Antitrust Improvements Act does not provide much guidance on how “direct” an effect on U.S. commerce must be for it to come within the scope of the Sherman Act, and subsequent case law — including the recent Ninth Circuit AU Optronics ruling — has not settled the issue, say attorneys with Mayer Brown LLP.

  • First MCDC Settlement Leaves Much To Be Desired

    Paul S. Maco

    The U.S. Securities and Exchange Commission’s settlement with a California school district — the first under the new Municipalities Continuing Disclosure Cooperation initiative — is significant for what it does not do, say attorneys with Bracewell & Giuliani LLP.

  • Minimum Wage Mania Among Cities And States

    James S. McNeill

    The trend of indexing minimum wage increases to the Consumer Price Index will have significant, long-term implications for states and municipalities, telling us two things: minimum wage rates will likely continue to rise annually and will bring with them an increase in potential wage liability exposure for employers, say James McNeill and Peter Stockburger of McKenna Long & Aldridge LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • Calif. Drug Bill Would Frustrate Pharmacy Operations

    Roger N. Morris

    AB 2418 would add California to the growing list of states that allow patients to opt out of insurance requirements that oblige them to refill certain prescriptions through mail-order pharmacies rather than retail pharmacies, causing system and program changes for health plans, insurers and pharmacy benefit management companies, say attorneys at Quarles & Brady LLP.

  • 5 Tips For Targeting Pleadings In Consumer Class Actions

    Jennifer A. Ratner

    Recent decisions demonstrate that defendants in consumer fraud class actions should continue to pursue motions to dismiss and press plaintiffs to sufficiently articulate facts — success can reduce costs and exposure before discovery and class certification, say Jennifer Ratner and Amy Lally of Sidley Austin LLP.

  • Calif. AG’s Spin On Public-Facing Privacy Policies

    Tanya Forsheit

    California Attorney General Kamala Harris's much anticipated guidance on public-facing privacy statements is relevant to consumers and regulators at the federal, state and even international level, says Tanya Forsheit, a founding partner of InfoLawGroup LLP.