California RSS

  • April 18, 2014

    Impax Can't Shake Drug Quality-Control Securities Action

    A California federal judge on Friday refused to toss a securities fraud class action against Impax Laboratories Inc. that alleges the pharmaceutical company hid serious quality-control deficiencies while exaggerating its progress toward fixing them.

  • April 18, 2014

    Barnes & Thornburg Nabs Akin Gump Appellate Pro

    Barnes & Thornburg LLP announced Thursday that it had picked up an appellate and trial lawyer from Akin Gump Strauss Hauer & Feld LLP who handles intellectual property, bankruptcy, insurance, white collar and labor matters to enhance its litigation department in Los Angeles.

  • April 18, 2014

    Proview Can't Bring Federal Antitrust Claims In LCD Case

    A California federal judge on Friday tossed Proview Technology Inc.’s federal claim against Chi Mei Corp. in multidistrict litigation alleging that Chi Mei and others sold price-fixed liquid crystal display panels, ruling that PTI was an indirect purchaser that does not have standing to sue.

  • April 18, 2014

    Samsung Experts Debunk Study Behind Apple's $2B Damages

    Two Samsung Electronics Co. Ltd. experts tore apart a consumer study Apple Inc. used to justify a $2.19 billion damages demand in its patent trial against Samsung, saying Friday that the study doesn't show consumers bought smartphones because of the patented features Samsung allegedly copied.

  • April 18, 2014

    Perkins Coie Nabs Bingham Privacy, IP Group Head In Calif.

    Perkins Coie LLP has bolstered its Internet privacy and class action capabilities by adding to its Palo Alto, Calif., office the former co-chair of Bingham McCutchen LLP's privacy and intellectual property groups, the firm said Wednesday.

  • April 18, 2014

    Weight Loss Supplement Co. Sued Over Missing Cactus

    A Pennsylvania-based manufacturer of weight-loss capsules was hit with a proposed class action in California court Wednesday alleging the pills don’t contain an African cactus plant as advertised and therefore can’t deliver the plant's supposed health benefits.

  • April 18, 2014

    Apple Knocked For 'Patent Troll' Proxy War Against Google

    The massive nonpracticing entity Rockstar Consortium US LP appears to be designed by Apple Inc. to interfere with rival Google Inc.'s Android software business, a judge said Thursday, in a decision an expert says shows that Apple is behaving like a patent troll despite decrying the tactics of such companies.

  • April 18, 2014

    McKenna Long Tried To 'Destroy' Heart Tronics, Suit Says

    Heart Tronics Inc. on Friday accused its former counsel at McKenna Long & Aldridge LLP of malpractice and fraud, alleging in California federal court that the firm plotted to force Heart Tronic’s CEO to resign, allowing it to tap into a separate insurance fund for defending executives.

  • April 18, 2014

    USC Urges Judge To Toss Ex-Football Player's Pain Med Suit

    The University of Southern California and its student health center urged a California federal judge on Friday to toss an ex-USC football player's claims that a team doctor negligently administered a painkiller that gave him a heart attack, saying the player didn't show a breach in the standard of care.

  • April 18, 2014

    EPA Can't Shake Suit Over Pesticide-Linked Bee Deaths

    A California federal judge on Friday sent back four of 10 claims to be amended in a lawsuit by beekeepers alleging the U.S. Environmental Protection Agency failed to adequately regulate pesticides that are annihilating honeybees and thereby hurting the economy and threatening agriculture, keeping the suit alive.

  • April 18, 2014

    Nielsen To Pay $1.2M To Settle Wage Class Action

    Media research company The Nielsen Company (US) LLC has agreed to pay up to $1.2 million to settle a putative class action in which employees claimed they were denied overtime compensation and proper meal breaks and rest periods, in violation of state and federal laws, according to a settlement agreement in California federal court announced Thursday.

  • April 18, 2014

    IRS Announces Nationwide Tax Forum Dates, Locations

    The Internal Revenue Service on Friday announced the dates and locations for its annual Nationwide Tax Forum, a series of events the agency hosts to keep tax professionals up to date on the law, with events in Chicago, San Diego, New Orleans, Orlando and the Washington, D.C., metro area.

  • April 18, 2014

    Fed. Law Preempts Class Action Waiver: Calif. Appeals Court

    A California appeals court on Thursday reversed a trial court’s denial of an auto dealer’s bid to compel arbitration in a class action dispute with a group of car buyers, saying federal law preempted a state statute prohibiting class action waivers.

  • April 18, 2014

    Asbestos Victor Asks High Court To Mull Automatic Reversal

    The estate of a deceased paper mill worker asked the U.S. Supreme Court on Tuesday to weigh in on whether an appellate court should order a new case when a court holds a trial without properly vetting expert testimony, arguing that its $9.4 million asbestos judgment against two paper equipment manufacturers should not have been wiped out. 

  • April 18, 2014

    Apple Prevails In IPhone Power-Button Defect Action

    A proposed class action claiming Apple Inc. installed defective power buttons in its iPhone 4 was dismissed Friday by a California federal judge who said the plaintiff couldn't use Florida law to bring a California fraud claim.

  • April 18, 2014

    GoDaddy's 'Bad Judgment' DQ Bid Not Sanctionable

    A California federal judge on Friday blasted GoDaddy Inc.’s now-failed bid to disqualify the judge overseeing a cybersquatting suit against it as an extremely bad judgment call, but ruled it was not made in bad faith to justify sanctioning the web host. 

  • April 18, 2014

    GM Supplier Knew Ignition Defects Affected Airbags, Suit Says

    General Motors Co.’s airbag supplier Continental Automotive Systems U.S. Inc. knew its airbags would not deploy in accidents caused by the automaker’s defective ignition switches, a putative class argued in California federal court on Wednesday.

  • April 18, 2014

    BBC America Hit With $5M Copyright Suit Over 'Orphan Black'

    A screenwriter is demanding $5 million from BBC America Inc. and others, alleging copyright infringement and breach of implied contract over the science-fiction television series "Orphan Black," according to a suit filed Thursday in California federal court.

  • April 18, 2014

    James Franco's Former Manager Accused Of 8-Year Fraud

    A lawsuit filed Friday accuses James Franco's former talent manager and his former financial manager of operating an eight-year scam to steal a portion of the commissions the movie star was paying to talent management firm James Levy Management Inc.

  • April 18, 2014

    Jury Finds Ex-Battery Co. CEO Guilty Of $2.6M Fraud

    A California federal jury on Wednesday convicted the former CEO of battery distributor Powerline Inc. of defrauding the U.S. Department of Defense by selling $2.6 million worth of inexpensive, generic batteries instead of the name-brand batteries requested by the military.

Expert Analysis

  • POM Finds Class Decertification Ruling Wonderful

    Richard L. Goldfarb

    A California federal court recently decertified the proposed class in an action against POM Wonderful LLC over health claims about its juice. Plaintiffs failed to certify their class against POM for the same reason certification failed in another recent case against Ben & Jerry's Homemade Inc. — ascertainability. Whether this is another nail in California's class action coffin remains to be seen, but plaintiffs should expect stricter scrutiny from courts regarding class claims, says Richard Goldfarb of Stoel Rives LLP.

  • The State Of Arbitration Enforcement In Calif.

    Neil R. Bardack

    Even with the judicial impact of several U.S. Supreme Court opinions, beginning with AT&T Mobility v. Concepcion, the predicament for the practitioner and client is that any provision that seeks to enforce arbitration of labor and consumer remedy statutes, or that makes the cost of arbitration too one-sided, runs a significant risk of not being enforced in a California state court, say Neil Bardack and Shannon Nessier of Hanson Bridgett LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • Stop And Read Your Slowdown Insurance Policy

    Allen R. Wolff

    Insurance should cover income loss not only when operations are completely shuttered, but also when your business is partially suspended — a distinction important to hotel owners and operators, with services more likely to operate on a reduced level after a loss. Today, some policies affirmatively state the extent of business slowdown coverage to avoid court decisions that narrowly interpret coverage extended under older policy forms, say Allen Wolff and Vianny Pichardo of Anderson Kill PC.

  • Calif.'s Prevailing Wage Law Will Punish The Noncompliant

    Jeremy C. Wooden

    California’s prevailing wage law may not be the oldest in the country, but it may be the most complex, evolving and litigated. The penalties for contractors and subcontractors who fail to comply with California's law have grown costlier — noncompliance risks up to a three-year ban on the bidding of public works projects in the state, says Jeremy Wooden of Foley & Lardner LLP.

  • Proving Harm In Trademark Cases Post-Herb Reed

    Beth Goldman

    The Ninth Circuit's recent decision in Herb Reed Enterprises LLC v. Florida Entertainment Management Inc. has shifted the balance against plaintiffs seeking a preliminary injunction in the trademark context to be in line with the trend in patent cases. The party seeking an injunction must proffer some evidence of irreparable harm, and can no longer rely on the presumption, say Beth Goldman and Daniel Justice of Orrick Herrington & Sutcliffe LLP.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Calif.'s Small Step Toward 'Redevelopment 2.0'?

    Laurie N. Gustafson

    More than two years after Gov. Jerry Brown and the California Legislature dissolved the state's 400-plus redevelopment agencies, the governor has begun addressing their replacement by proposing to revise and expand the use of infrastructure financing districts. The proposal, however, appears to be only a small step toward “Redevelopment 2.0,” with many expressing concerns that the new tax-increment financing tools may not be as effective as redevelopment, says Laurie Gustafson of Sedgwick LLP.

  • Inside Calif.'s De Facto Moratorium On Well Stimulation

    Michael N. Mills

    California's SB 4 requires the state's Division of Oil, Gas & Geothermal Resources to develop a permitting scheme to regulate the use of well-stimulation practices, including hydraulic fracturing. However, the division's interim regulations have created more problems than they've solved and established a de facto moratorium that the state Legislature and governor rejected in 2013, say Michael Mills and Chelsea Huffman of Stoel Rives LLP.

  • Calif. Ruling May Hike PE Fund Founders' Tax Liabilities

    Jennifer A. Ray

    A recent California ruling, treating a private equity fund founder’s income streams from the fund and its management company as separate, may not have a large practical impact where the management company receives only the management fee and not the carry. A much larger impact may occur if the same logic applies to the general partner structure and carry as well, say David Fischer and Jennifer Ray of Crowell & Moring LLP.