• July 30, 2015

    Press Foundation Seeks DOJ Docs Over FBI Investigations

    The Freedom of the Press Foundation urged a California federal court on Thursday to order the U.S. Department of Justice to turn over requested documents revealing how the Federal Bureau of Investigation uses so-called national security letters to investigate journalists.

  • July 30, 2015

    3 Takeaways From 9th Circ.'s Motorola FRAND Decision

    By affirming Thursday that Motorola Inc. failed to license its standard-essential patents to Microsoft Corp. on fair terms, the Ninth Circuit endorsed the detailed process the trial judge devised for setting royalty rates for essential patents. Here are three things attorneys can learn from the decision.

  • July 30, 2015

    Attys Spar Over Venue For 'Fight Of The Century' MDL

    Manny Pacquiao's boxing match against Floyd Mayweather Jr. may have been the “Fight of the Century,” but a brawl before the Joint Panel on Multidistrict Litigation Thursday over where to consolidate more than 40 cases claiming promoters lied about Pacquaio's shoulder injury was a close second.

  • July 30, 2015

    San Francisco Can't Sue DOT Over Gas Blast, 9th Circ. Says

    San Francisco is not authorized to sue the U.S. Department of Transportation on claims the agency failed to enforce natural gas pipeline safety rules that led to a deadly 2010 explosion, the Ninth Circuit said Thursday, affirming a lower court.

  • July 30, 2015

    Judge Hits Brakes On Coke Drivers' Cert. Bid In Wage Suit

    A California federal judge on Thursday refused to certify a class of 1,455 The Coca-Cola Co. delivery drivers who alleged the beverage giant had them work during their lunch breaks, saying the plaintiff failed to back up his contention that the company knew drivers were working off the clock.

  • July 30, 2015

    Calif. Justices To Weigh Public License Plate Scan Request

    The California Supreme Court voted on Wednesday to hear an appeal by civil liberties groups seeking to overturn a ruling that cited police investigatory privilege in denying their request for millions of license plate numbers captured by automatic scanners.

  • July 30, 2015

    9th Circ. Won't Revive Challenge To US Shipping Law

    The Ninth Circuit on Thursday affirmed the dismissal of a class action that was aimed at invalidating the Jones Act, a law designed to help the American shipping industry that the plaintiffs had claimed caused the price of goods in Hawaii to soar by creating a de facto shipping duopoly in the state.

  • July 30, 2015

    9th Circ. Allows Quick Appeal Of Class Cert. In H-2A Row

    The Ninth Circuit said Thursday that a Washington farm will be immediately allowed to challenge class certification granted to migrant workers who claim they were purposefully not told that higher-paying H-2A visa jobs were available.

  • July 30, 2015

    CVS Charges Insured Buyers More For Generics, Suit Claims

    A putative class of customers accused CVS Health Corp. of running a scheme to overcharge insurance-using customers for generic drugs they sell to other customers for less than the cost of co-pays, according to a suit filed in California federal court Thursday.

  • July 30, 2015

    Round 2 In Oracle-Google Java Fight Must Wait For 2016

    A second trial in the closely watched copyright battle between Oracle Corp. and Google Inc. over Android's use of Oracle's Java APIs won't take place until next spring at the earliest, the California federal judge overseeing the case said Thursday.

  • July 30, 2015

    Katy Perry's Prayers Answered As Nuns' Convent Sale Nixed

    The Roman Catholic Archbishop of Los Angeles succeeded in blocking a group of nuns from selling their convent to a local developer Thursday when a California judge ruled that the archbishop, who wants to sell the convent to pop star Katy Perry for $14 million, controls the property.

  • July 30, 2015

    Calif. Officials Ignored Fracking Effects Study, Enviros Say

    The Center for Biological Diversity on Thursday urged a state judge to block California oil and gas regulators from issuing hydraulic fracturing permits, claiming they ignored a state-ordered study that found some chemicals used in the controversial drilling technique may be harmful.

  • July 30, 2015

    Real Estate Rumor Mill: Chetrit, Apple, Sam Applegrad

    Clipper Equity and Chetrit Group reportedly scored $345.5 million for their Gramercy Square residential project, Apple is said to have leased 76,000 square feet of office space in San Francisco’s SoMa district, and Sam Applegrad of Skyc Management reportedly picked up three Bronx mixed-use properties for $34.3 million.

  • July 30, 2015

    Gov't Not Liable For Cleanup Costs At Defense Superfund Site

    A California federal judge on Wednesday let the government off the hook for cleanup costs at a site in San Diego where defense products were built for 60 years, holding that TDY Industries Inc. would have to fully cover the costs of clearing harmful chemicals out of the soil.

  • July 30, 2015

    Bio-Rad Says Former GC Was Fired For 'Abusive' Conduct

    Bio-Rad Laboratories Inc. told a California federal court Tuesday that its general counsel was fired because of “abusive and damaging conduct,” not because he reported his suspicion that company brass were bribing Chinese officials as alleged in the legal officer’s retaliation lawsuit.

  • July 30, 2015

    AlliedBarton, Guards Can’t Arbitrate Break Dispute After Cert.

    A California federal judge on Wednesday denied a joint bid to arbitrate a class action filed by security guards accusing AlliedBarton Securities Services LP of not providing off-duty meal breaks, saying a federal court can’t allow an already-certified class action go to an arbitrator for settlement.

  • July 30, 2015

    Frontier/Verizon Deal Should Serve Public, Group Tells FCC

    A California nonprofit asked the Federal Communications Commission on Wednesday to hold Frontier Communications Corp. accountable for promises that its $10.5 billion purchase of wireline operations from Verizon Communications Inc. in California, Florida and Texas would benefit the public.

  • July 30, 2015

    Del Monte Buyers' Class Cert. Canned In Food Label Fight

    A California federal judge denied a third certification attempt in a class action against Del Monte Corp. on Thursday, saying that differences among labeling and presentation of the canned products at issue would fracture the class and stake the suit on shoppers' memories.

  • July 30, 2015

    Goodyear Slammed With Rest Break Pay, OT Suit

    The Goodyear Tire & Rubber Co. was hit with a proposed class action on Wednesday in California federal court accusing the company of numerous wage violations, including failure to pay for rest periods and to properly calculate overtime.

  • July 30, 2015

    Calif. Judge Nixes Emergency Call Analysis Patent Under Alice

    A California federal judge, citing the U.S. Supreme Court's Alice ruling, struck down a Boar's Head Corp. patent covering the analysis of emergency call data, ruling Wednesday that it is merely directed toward the abstract idea of organizing phone call data.

Expert Analysis

  • Craft Beer's Growth Is Causing Congress To Brew Reforms

    Matthew P. McLaughlin

    In response to the craft beer industry's explosive growth, national policy surrounding alcohol regulatory reform has been one of modernization, not the elimination of three-tier distribution systems and state franchise laws. However, while some states have embraced this trend in a positive manner, others have been extremely resistant to change, says Matthew McLaughlin of Baker Donelson PC.

  • Putting The Brakes On Newman: 3 Recent Rakoff Decisions

    David I. Miller

    Judge Jed Rakoff’s recent instructive decisions have set the stage for a closer analysis of Newman’s potential effect on future insider trading cases. Indeed, in its petition for a writ of certiorari, the government uses Judge Rakoff’s decisions to support its arguments to the U.S. Supreme Court, say attorneys with Morgan Lewis & Bockius LLP.

  • OPINION: On Porous Borders

    Judge Eliza Klein

    Since 2008, funding of the border patrol has doubled. Meanwhile, funding of the immigration courts has stagnated. The case load has grown from slightly less than 263,000 cases nationwide to slightly more than 450,000 — over 2,000 cases per judge. We must do better, says Judge Eliza Klein, of counsel to Gil Law Group and a former immigration court judge for more than 20 years.

  • FIFA Avoids Concussions — For Now

    Ronald S. Katz

    Amid its well-publicized legal woes, FIFA recently dodged a legal bullet when it was dismissed with prejudice from a concussion class action filed by soccer players and parents. However, it is not likely that this speck of good fortune will last, for at least three reasons, says Ronald Katz, head of Manatt Phelps & Phillips LLP's sports law practice.

  • Reading Between The Lines Of San Francisco's Retail Rules

    Joanne A. Buser

    Certain provisions to San Francisco's Retail Workers Bill of Rights may unnecessarily expose an employer to disparate treatment claims for failure to offer additional work or failure to promote a part-time employee, and consistent criteria should be used to minimize the impact of these risks to covered employers, says Joanne Buser of Paul Plevin Sullivan & Connaughton LLP.

  • And Now A Word From The Panel: The Rocket Docket!

    Alan Rothman

    As we celebrate the 46th anniversary of mankind’s first walk on the moon, this month’s column tracking the Judicial Panel on Multidistrict Litigation appropriately explores the impact of the “rocket docket” on the selection of an MDL venue. We have discussed various venue selection factors, but is the perceived speed with which a district handles cases relevant? asks Alan Rothman of Kaye Scholer LLP.

  • Beer Lawsuits Brew Caution For Country-Of-Origin Labeling

    Richard A. Mojica

    A recent flurry of class actions brought under state consumer protection laws in California, Florida and New York involving country-of-origin labeling violations by beer companies serves as a reminder that domestic companies must exercise caution when advertising a product as "imported" or "Made in the USA," say Richard Mojica and Austen Walsh of Miller & Chevalier Chartered.

  • 9th Circ. Confirms FCA Relator's Conviction Bars Recovery

    Suzanne Jaffe Bloom

    U.S. v. CH2M Hill was a matter of first impression in the Ninth Circuit, and the court’s recent holding is consistent with prior decisions from the Sixth and Eighth Circuits that have noted that relators who have been convicted for their participation in the fraud are not entitled to any recovery, say Suzanne Jaffe Bloom and Mollie Richardson of Winston & Strawn LLP.

  • The Latest Inappropriate Reasonable Royalty Rule Of Thumb

    William C. Rooklidge

    A California federal court's recent order in Good Technology Corporation v. MobileIron Inc. characterized the defects in the expert’s methodology as factual in nature. It is clear, however, that a methodology that gives the patentee 100 percent of the suppositious licensee’s expected profits as damages is impermissible as a matter of law, say William Rooklidge and Andrew Brown of Gibson Dunn & Crutcher LLP.

  • When Workers' Comp Board Rulings Affect Excess Insurance


    If a workers' compensation claim brought by an employee against a self-insured employer is contested and resolved by a workers' compensation board, does a finding from that board decision bind an excess insurer in future litigation? asks Larry Schiffer at Squire Patton Boggs LLP.