• May 26, 2016

    Calif. Comes Up $600M Short From Cap-And-Trade Auction

    Sales of California cap-and-trade allowances dropped to a dramatic low during its May auction, leaving the state $600 million shy of projected auction revenues, a quarter of which was destined for its high-speed rail project.

  • May 26, 2016

    Right To Cancel Arson Coverage Wasn't Waived, 9th Circ. Told

    Star Insurance Co. Thursday pressed the Ninth Circuit to undo a lower court’s ruling that it waived its right to rescind coverage of a recycling company’s policies by failing to sufficiently investigate misrepresentations on the company's applications prior to an arson fire, saying it made the proper inquiry.

  • May 26, 2016

    Ex-Staples Worker's $16M Age Bias Win Upheld On Appeal

    A California appeals court on Thursday upheld a $16 million age discrimination verdict awarded to a former Staples Inc. employee, saying the company's “high degree of reprehensibility” justified the jury’s grant of $13 million in punitive damages.

  • May 26, 2016

    IPhone Users Lose Bid For 9th Circ. Rehearing Of Siri Suit

    The Ninth Circuit on Thursday refused to reconsider a finding that customer complaints about the powers of Siri, the iPhone's speech-recognition agent, were too vague to sustain a class action.

  • May 26, 2016

    Another Customer Hits Theranos With Blood Test Rip-Off Suit

    Theranos Inc. was hit with a second proposed consumer class action in two days Thursday when a customer accused the company of defrauding consumers by claiming that its blood tests were accurate, in a suit filed by Hagens Berman Sobol Shapiro LLP in California federal court.

  • May 26, 2016

    Toshiba Fights Class Cert. Bid In Lithium-Ion Battery MDL

    Toshiba Corp. blasted a class certification bid in multidistrict litigation in California federal court accusing it and others, including Samsung, Maxell and Sony, of fixing prices on lithium-ion battery cells, saying an expert falsely determined the entire putative class was harmed.

  • May 26, 2016

    Korean Ramen Buyers Seek Class Cert. In Price-Fixing Row

    Buyers of Korean ramen noodles asked a California federal judge Wednesday to let them pursue antitrust claims on a class basis, saying that they all overpaid for the imported noodles because of a price-fixing conspiracy.

  • May 26, 2016

    Marrone Bio Reaches $12M Deal In Securities Class Action

    Marrone Bio Innovations Inc. agreed to pay $12 million to settle a shareholder class action alleging that the bio-based pesticide maker lied to investors about its financial condition, according to a proposal Wednesday that said the sum would come from insurance so the company wouldn’t go broke.

  • May 26, 2016

    Credit Union's $2.75M Deal In TCPA Suit Fails To Clear

    A California federal judge Thursday rejected a proposed $2.75 million class action settlement between Navy Federal Credit Union and certain individuals subject to its automatic telephone dialing system, expressing concern with a release exceeding the factual scope of the Telephone Consumer Protection Act claims.

  • May 26, 2016

    Ex-MMA Trainer Says He Was Axed For Protesting Injury Risks

    A former mixed martial arts fighter and trainer hit MMA promotion company Bellator and its owner Viacom with a lawsuit in a California state court Tuesday alleging he was wrongfully terminated as Bellator's talent director after protesting practices that he says jeopardize the health and safety of professional fighters.

  • May 26, 2016

    VW Questions DOJ's Claims, Jurisdiction In Emissions Suit

    Volkswagen answered U.S. Department of Justice allegations that it equipped hundreds of thousands of vehicles with special electronic equipment designed to evade emissions testing, questioning the California federal court’s jurisdiction while contending that an ongoing investigation still needed to play out.

  • May 26, 2016

    High Court Urged To Knock Back State Securities Suits

    Network support products provider Cyan Inc. urged the U.S. Supreme Court on Wednesday to review whether shareholders suing over alleged misrepresentations in its 2013 initial public offering can bring their claims in California state court, saying federal law blocks such state court claims.

  • May 26, 2016

    Feds Join $50M Calif. FCA Suit Against Prime Healthcare

    The federal government joined a $50 million False Claims Act suit alleging Prime Healthcare Services Inc. overcharged Medicare and Medicaid with phony admissions information at California hospitals, saying Wednesday Prime’s alleged fraudulent billing practices are unfair to taxpayers.

  • May 26, 2016

    Choudhury Rape Accuser Can View Yoga Guru’s Finances

    A former teacher trainee of Bikram Choudhury who claims the yoga guru raped her can make pretrial inquiries into his finances, a California judge ruled Thursday, saying that if she proves her allegations then she is likely to also win punitive damages.

  • May 26, 2016

    CFPB Bans Ex-Wells Fargo Worker For Mortgage Fee Scheme

    A former Wells Fargo & Co. employee must pay the Consumer Financial Protection Bureau $85,000 and cannot work in the mortgage industry for a year after the bureau found out he manipulated mortgage fees as part of an agreement with a California escrow company.

  • May 26, 2016

    Atty In Sex Fees Row Says Treasonous Judge ‘Targeting’ Him

    A lawyer who allegedly proposed sex as attorneys' fees urged the Ninth Circuit to stay his disbarment and reject the Arizona bar's arguments that the appeals court lacks authority over attorney discipline matters, saying Wednesday he is being “targeted” by a treasonous state judge.

  • May 26, 2016

    Fox Rothschild, Not Attys, Takes $25K Sanctions In IP Suit

    A California federal judge on Wednesday granted Fox Rothschild LLP’s request to have the firm, rather than its individual attorneys, pay $25,000 in sanctions for modifying discovery documents in a copyright infringement suit that two clothing companies brought, and lost at trial, against the firm’s clients.

  • May 26, 2016

    Mitchell Silberberg Adds Ex-Paul Hastings Litigation Partner

    Mitchell Silberberg & Knupp LLP has added a litigation partner to its ranks who formerly worked for Paul Hastings LLP and concentrates on complex civil litigation and issues involving securities and financial matters, the firm announced.

  • May 26, 2016

    Sophos Gets Some Claims Trimmed From Finjan IP Row

    A California federal judge on Tuesday trimmed part of a sprawling eight-patent computer security infringement case, granting anti-virus software maker Sophos’ bid to nix two infringement claims leveled by cybersecurity firm Finjan.

  • May 26, 2016

    Google Beats Oracle's $9B Copyright Suit With Fair Use Win

    Google won a high-profile jury verdict Thursday that its use of Oracle’s copyrighted Java software code in its Android mobile operating system was protected by the fair use doctrine, clearing the company of liability that could have reached $8.8 billion.

Expert Analysis

  • To Un-Jam Transportation Infrastructure Tenn. Tries P3s

    Zachary D. Jones

    Following the lead of at least 33 other states, Tennessee's new mass transit focused public-private partnership law should offer a solution to Nashville's growing traffic problem without dipping too deep into public coffers, say Zachary Jones and Cassidy Rosenthal at Stites & Harbison PLLC.

  • Professional Negligence Under MICRA: A Goldilocks Dilemma

    David W. Moreshead

    Courts have differed in determining whether certain negligence claims against health care providers sound in professional or ordinary negligence, and accordingly, which statute of limitations to apply. Hopefully, the California Supreme Court's decision in Flores v. Presbyterian International Community Hospital has established a test for professional negligence that fits “just right,” says David Moreshead at Horvitz & Levy LLP.

  • 5 Tips For Negotiating And Drafting Joint E-Discovery Plans

    Anthony J. Rospert

    Courts often require parties to develop a joint e-discovery plan. But even when they are not court-imposed, parties should consider using joint e-discovery plans to promote transparency and streamline the discovery process, say Anthony Rospert and Jake Evans of Thompson Hine LLP.

  • How To Convince Calif. And Texas High Courts To Hear A Case

    M.C. Sungaila

    Navigating the discretionary review procedures before the Supreme Courts of California and Texas is tricky, and the odds of review low. M.C. Sungaila and Lynne Liberato of Haynes and Boone share seven ways to beat the odds in each court.

  • And Now A Word From The Panel: A 21st Century MDL

    Alan E. Rothman

    In honor of our 21st installment of "And Now A Word From The Panel," this month’s column will address a burgeoning category of cases subject to multidistrict litigations during the 21st century — cyber MDLs, or more specifically, cases arising from an alleged data privacy breach, says Alan Rothman of Kaye Scholer LLP.

  • When Breaking Up Is Hard, Call A Partition Referee

    Byron Z. Moldo

    When partners dissolve a business or are forced to part with property, it’s not uncommon that one party is too stubborn to try to work things out. Byron Moldo of Ervin Cohen & Jessup LLP describes the role a court-appointed partition referee can play under California law in pushing past the stubbornness.

  • Calif. Asbestos Case Opens Door For Shaky Expert Opinions

    Thomas A. Manakides

    While the California Court of Appeal's holding in Davis v. Honeywell can and should be limited to the specific facts and expert testimony in that case, the decision serves as a warning that courts may not always vigorously enforce their responsibility to screen expert opinions, which could open the door for plaintiffs in asbestos cases to depend on testimony that may not be entirely reliable, say attorneys at Gibson Dunn & Crutcher LLP.

  • Not So Fast, Ohio: FERC Weighs In On Wholesale Energy

    Joseph H. Fagan

    The Federal Energy Regulatory Commission recently affirmed its role in ensuring reasonable rates for wholesale sales of electric energy in Ohio. But state utilities seek to further their objectives without invoking FERC jurisdictional issues, and if other states aim to advance their public policy initiatives using similar methods, it could impose higher costs on captive retail customers, say Joseph Fagan and David Doot at Day Pitney LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • Preparing For New Paid Family Leave Laws

    Robin J. Samuel

    Recent developments in California and New York have significantly increased the availability of paid family leave. Employers in these areas and elsewhere should begin to plan for a likely rise in the number of employees taking family leave, as similar measures may well be adopted in more states in the near future, say Robin Samuel and Amy Kett at Hogan Lovells.