California

  • October 30, 2014

    Charles Schwab Sues Law Firm Over 'Defamatory' Website

    Charles Schwab Corp.'s founder and his son sued a Beverly Hills law firm and one of its clients Thursday in California state court, accusing them of creating a website associating them with an infamous Indonesian dictator in order to gain an advantage in another suit over a real estate investment venture.

  • October 30, 2014

    ‘American Hustle’ Makers Face $1M Suit For Microwave Scene

    A scientist wants $1 million from “American Hustle” producers including Columbia Pictures Industries Inc. for allegedly damaging his reputation with dialogue that suggests he made a scientifically unsupportable statement that microwaves are dangerous, according to a suit filed Thursday in California state court.

  • October 30, 2014

    Glaser Weil Can't Duck Malpractice Suit Under Anti-SLAPP

    A California appeals court on Thursday refused to end a $27.5 million malpractice suit targeting Glaser Weil Fink Howard Avchen & Shapiro LLP, dismissing the firm’s claims that the suit was barred under an anti-SLAPP statute because of its allegedly unusual circumstances.

  • October 30, 2014

    Calif. Court Upholds $31M Visa, Mastercard Antitrust Deal

    A California appeals court on Thursday approved a $31 million settlement in two consolidated class actions challenging Visa USA Inc.'s and MasterCard International Inc.'s allegedly anti-competitive debit and credit policies, finding a revised version of the deal fixed an improper release of claims.

  • October 30, 2014

    Dignity Health To Pay $37M To End Medicare Payments Row

    Dignity Health agreed to pay $37 million to settle a whistleblower suit alleging 13 of the nonprofit system’s hospitals overcharged Medicare and the U.S. military’s insurance system by admitting patients who could have been treated as outpatients, California prosecutors said Thursday.

  • October 30, 2014

    Investors Blast OCZ Trustee's Bid To Halt $7.5M Settlement

    The lead plaintiffs in a shareholder class action against bankrupt OCZ Technology Group Inc.’s former brass in California federal court blasted on Thursday an effort by the estate’s liquidation trust to halt consideration of a $7.5 million settlement by asking the Delaware bankruptcy court to enforce Chapter 11’s automatic stay.

  • October 30, 2014

    Adobe Bid For Extra IP Damages Over Wowza Hack In Doubt

    A California federal judge voiced skepticism Thursday over Adobe Systems Inc.'s request for enhanced damages in a lawsuit accusing Wowza Media Systems LLC of infringing Flash encryption patents, saying Thursday that he didn't think Wowza executives' hacking of Adobe's software was enough to prove willful infringement.

  • October 30, 2014

    Fry’s Tells Calif. Panel Concepcion Requires OT Arbitration

    Fry's Electronics Inc. urged a California appellate panel Thursday to send to arbitration a putative class alleging the retailer violated wage and hour laws, saying a lower court erroneously ruled its arbitration contract was unconscionable and unenforceable by applying outdated case law superseded by the U.S. Supreme Court's 2011 Concepcion decision.

  • October 30, 2014

    Stockton Wins Court Approval Of Ch. 9 Plan

    The city of Stockton, California, won court approval Thursday for its plan to exit Chapter 9 bankruptcy, with a judge rejecting holdout creditor Franklin Templeton Investments' argument that the plan was unfair because it would satisfy the city's pension obligations in full while forcing Franklin to accept a recovery of less than 1 percent.

  • October 30, 2014

    SEC Hits InterMune Exec With Insider Trading Suit

    The U.S. Securities and Exchange Commission on Thursday filed suit against a former director of pharmaceutical company InterMune Inc., alleging he and his friends made more than $1 million using insider information to trade on the news of European regulators’ approval of a lung disease drug.

  • October 30, 2014

    Life Sciences Groups Assail SF’s Drug 'Take-Back' Plan

    Five drug manufacturing and health care organizations spoke out on Thursday against a proposed San Francisco ordinance requiring pharmaceutical companies to pay for the collection of unwanted drugs, saying it would have little positive health impact while forcing drug companies to bear the full burden of running the program.

  • October 30, 2014

    9th Circ. Revives Amgen ERISA Suit After High Court Remand

    The Ninth Circuit on Thursday revived a putative Employee Retirement Income Security Act class action against Amgen Inc. for a second time, after the U.S. Supreme Court vacated its first ruling, saying the high court's ruling doesn't shield Amgen from liability for a dip in the company's stock price.

  • October 30, 2014

    Anemia Biotech FibroGen Readies For $124M IPO

    Anemia treatment developer FibroGen. Inc. fine-tuned its initial public offering plans Thursday, setting the stage to raise about $124 million and become the largest biotech by diluted market capitalization in a decade.

  • October 30, 2014

    Louis Vuitton Wants 9th Circ. Call On 'Always Generic' Rule

    Louis Vuitton Moet Hennessy Inc. wants the Ninth Circuit to immediately weigh in on whether a Los Angeles jeweler can claim the term “Red Gold” as a trademark, saying a district judge issued an aberrational ruling that a generic term could transform into a trademark.

  • October 30, 2014

    9th Circ. To Rehear En Banc Artists' Royalty Act Appeal

    The Ninth Circuit on Thursday said it would rehear en banc a class of artists' appeal to restore California’s Resale Royalty Act and revive suits against Christie's Inc., Sotheby's Inc. and eBay Inc., facing a potential conflict in circuit precedent on Commerce Clause applicability to state actions.

  • October 30, 2014

    Judge Demands NFL Union's Input In Players' Painkiller Case

    The California federal judge presiding over former National Football League players' class action claiming the league encouraged them to abuse painkillers demanded input from the players union Thursday, saying he can't decide whether to toss the case without first learning whether the players exhausted their union grievance opportunities.

  • October 30, 2014

    US Asks 9th Circ. To Rehear Lavish Spending Tax Case

    The United States on Wednesday asked the Ninth Circuit to revisit en banc a September decision by a three-judge panel that lavish spending habits aren't enough to prove willful tax evasion, saying that the reversal created a split with several other circuit courts.

  • October 30, 2014

    Rhythm Drops $86M IPO Plan After Actavis Deal

    Rhythm Pharmaceuticals Inc. on Wednesday pulled its planned $86 million initial public offering after the company reached a deal last week with Actavis PLC for an exclusive option to purchase one of its gastrointestinal drug subsidiaries.

  • October 30, 2014

    LA Beats Union Workers' Suit Over Pension Payment Hike

    A California appellate panel Wednesday tossed a putative class action brought by public workers who alleged the city of Los Angeles and their unions illegally increased their pension contributions to avert layoffs during a fiscal emergency, saying the employees' contracts were properly modified through a mutual agreement.

  • October 30, 2014

    Judge Won’t Block Oil Industry Lobbying Website In TM Row

    A California federal judge has refused to block the American Petroleum Institute from using an Election Day lobbying website that allegedly infringes the trademarks of an “energy-unbiased” company that helps customers choose suppliers, finding no evidence that API is violating the Lanham Act.

Expert Analysis

  • How Law Firms Are Revolutionizing Services In California

    Michael Pontrelli

    The California legal market is experiencing a disruptive transformation as in-house counsel look for ways to trim their budgets by disaggregating services. Business growth in certain sectors of the state's economy has spurred the development of new ways to manage escalating legal costs — for example a new service delivery model that “right-sources” work, says Michael Pontrelli of Huron Legal.

  • When Things Do Not Go As Planned In A Bankruptcy Sale

    Jeffrey A. Krieger

    The somewhat problematic issue in a bankruptcy sale is determining what rights or obligations, if any, do the parties have under the agreement between the date of execution and the date the court enters an order approving the sale. This is precisely the issue the parties encountered in the Chapter 11 case of Hot Dog on a Stick, says Jeffrey Krieger of Greenberg Glusker Fields Claman & Machtinger LLP.

  • Understanding Calif.'s Nuanced Trade Secrets Law

    Laura D. Smolowe

    After Parrish v. Latham & Watkins LLP, non-California arguments or authority might not simply be rejected regarding trade secret misapporpriation — now, depending on the outcome on rehearing, a failure to appreciate state-specific nuances might be considered frivolous or even bad faith, says Laura Smolowe of Munger Tolles & Olson LLP.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • Supply Chain Management And The Alien Tort Claims Act

    Michael G. Congiu

    The Ninth Circuit's recent revival of the potential for supply chain liability under the Alien Tort Claims Act in Doe v. Nestle USA Inc. less than one year after many believed the U.S. Supreme Court effectively put an end to ATCA's use as a litigation tool to address alleged corporate human rights abuses has increased the importance of effective supply chain management, say Michael Congiu and Stefan Marculewicz of Littler Mendelson PC.

  • Looking At Lanham Act Claims Against Drug Cos. Post-Pom

    Maia H. Harris

    A California district court's ruling in JHP Pharmaceuticals LLC v. Hospira Inc. may persuade other courts to either extend the U.S. Supreme Court's generally permissive view of Lanham Act claims to drugs and cosmetics or find some claims that previously required U.S. Food and Drug Administration expertise may now be precluded after Pom Wonderful LLC v. The Coca-Cola Company, say attorneys at Nixon Peabody LLP.

  • Regulatory Mismanagement May Cause CERCLA Exposure

    Lester Brown

    The takeaway from California Department of Toxic Substances Control v. Jim Dobbas Inc. is that government agencies that mismanage response actions may now be exposed to — at the very least — cost recovery or contribution litigation where there is evidence the agency made management decisions that led to contamination, or allowed it to continue to be released, say attorneys at Perkins Coie LLP.

  • Refusals To Deal In The Big Data Era

    David Golden

    What happens when a single company exclusively controls a data source that is arguably necessary to compete in a product market? Generally, there is no obligation under the antitrust laws for that company to share its data with competitors, but under a narrow set of circumstances, refusals to cooperate with competitors can violate Sherman Act Section 2, says David Golden of Constantine Cannon LLP.

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • New Calif. Data Breach Rules Bring Obligations And Debate

    Ellen Giblin

    The new law regarding the California breach notification requirement related to identity theft prevention and mitigation services has already spurred debate on two issues, say attorneys with Edwards Wildman Palmer LLC.