California

  • April 29, 2016

    Dov Charney Can't Ditch Hedge Fund's Leadership Pact Suit

    The Delaware Chancery Court rejected former American Apparel CEO Dov Charney's call to dismiss or stay Standard General’s suit claiming he violated an agreement to remove himself from company leadership, saying Friday it wouldn’t be appropriate to wait on Charney's pending California litigation against the hedge fund and others.

  • April 29, 2016

    Tribe's Bad Faith Claims Face High Hurdle At High Court

    A California tribe faces more than just the significant barriers written into the Indian Gaming Regulatory Act on bad faith claims in its bid to convince the U.S. Supreme Court that the state acted improperly in negotiating its gaming compact.

  • April 29, 2016

    Gilead OK'd To Show Merck Atty Lied In $200M Patent Win

    A California federal judge ruled Friday that Gilead can reopen the record following a jury’s $200 million patent infringement verdict against it and admit more evidence to show a Merck attorney lied to access Gilead’s confidential information, saying a fuller record will help her decide whether Merck has unclean hands.

  • April 29, 2016

    Gaye Heirs Appeal Lost $3.5M Fees Bid to 9th Circ.

    Marvin Gaye’s family filed a notice of appeal Wednesday to the Ninth Circuit over a California federal judge’s refusal to award an extra $3.5 million in legal fees after last year’s jury finding that Robin Thicke’s and Pharrell Williams’ “Blurred Lines” infringed one of Gaye’s songs.

  • April 29, 2016

    Drug Firms Battle In Del., Calif. Over Shared LLC, $60M IP

    Pharmaceutical developer Syntrix Biosystems Inc. on Friday asked the Delaware Chancery Court to dissolve a company it formed with PharmaInvest LLC to develop a drug for autoimmune diseases, saying PharmaInvest failed to make required investments and paralyzed the business and a $60 million intellectual property right with an injunction.

  • April 29, 2016

    NuVasive Can't Erase $28M Verdict, Former Distributor Says

    Spinal device distributor Madsen Medical urged a California federal court Friday to reject attempts by a device maker, NuVasive Inc., to pare down a nearly $28 million verdict or get a new trial, saying the jury had it right the first time.

  • April 29, 2016

    Oregon Tells 9th Circ. Immunity Blocks Oracle's IP Suit

    Oregon on Thursday urged the Ninth Circuit to reverse a district court's ruling that the state must face Oracle's copyright suit over allegedly not-paid-for work done on Oregon's health insurance exchange, arguing the state never waived its 11th Amendment immunity.

  • April 29, 2016

    WB, Legendary Stole King-Kong Pitch For New Film: Artist

    A pulp artist launched a contract suit in California court Thursday against Warner Bros. and Legendary Pictures alleging the film companies ripped off his copyrighted tale of King Kong’s origins on “Skull Island” for their upcoming reboot of the giant-gorilla monster movie franchise.

  • April 29, 2016

    Roscoe’s Chicken Sued Over Rest Breaks, Lighter-Skin Bias

    A former waitress for Roscoe’s House of Chicken & Waffles served the famous restaurant with a proposed class action saying she was forced to clock out for breaks she didn’t get to take and added individual claims, including that she was discriminated against for having darker black skin.

  • April 29, 2016

    No Need to Rethink Tipping-Pool Rule, DOL Tells 9th Circ.

    The U.S. Department of Labor on Thursday said the Ninth Circuit was right to uphold an agency rule barring employers from using tip pools to boost kitchen worker wages, arguing that the decision does not conflict with previous court rulings or labor laws.

  • April 29, 2016

    Manatt Lands Consumer Finance Partner From BuckleySandler

    Manatt Phelps & Phillips LLP has strengthened its financial services team with the addition of a former BuckleySandler LLP partner with more than two decades experience counseling and defending banks, lenders, retailers, insurers and other entities on a broad swath of litigation and enforcement matters.

  • April 29, 2016

    Patent Row Fees Denied Over Post-Alice Uncertainty

    Though a Formfree Holdings Corp. patent asserted against a rival lender-software company was found invalid, Formfree need not pay the rival’s legal fees given the “unsettled” law on patent eligibility following the landmark Alice decision, a California federal judge has ruled.

  • April 29, 2016

    UnitedHealth Says Class Wouldn't Be Efficient In ERISA Suit

    A UnitedHealth Group Inc. unit on Thursday asked a California federal judge not to certify a class of plan holders who say they were improperly denied mental health and substance abuse treatments in violation of ERISA, as each claim would need to be handled on an individual level.

  • April 29, 2016

    Sedgwick Partner Can’t Dodge Suit Over Roadside Brawl

    A Sedgwick LLP partner must face defamation and other claims lodged by a neighbor following a roadside fight the attorney captured on his cellphone, a California appeals court has held, saying the anti-SLAPP statute doesn’t extend to disputes between private persons.

  • April 29, 2016

    After Rejection, Sanofi Threatens Hostile Bid For Medivation

    Biopharmaceutical firm Medivation Inc. said its board of directors unanimously rejected Sanofi SA’s $9.3 billion all-cash buyout offer, which it claims is inadequate, but the French drugmaker countered Friday by saying it would take the offer directly to Medivation’s shareholders.

  • April 29, 2016

    Insurer Says It Needn't Cover $16.5M Hyatt Defect Battle

    Mt. Hawley Insurance Co. on Friday filed a suit in California federal court claiming that it has no duty to defend or indemnify a general contractor in a $16.5 million construction defect action filed by the developer of a Hyatt hotel, saying that multiple policy exclusions apply to bar coverage.

  • April 29, 2016

    9th Circ. Set To Mull Insurance Coverage For EPA Query

    The Ninth Circuit will hear arguments Monday on whether an information request issued by the U.S. Environmental Protection Agency constitutes a "suit" triggering an insurer's duty to defend, in a case that could have major implications for coverage battles over EPA probes into environmental pollution. Here, Law360 dives into the history of the case.

  • April 29, 2016

    Troutman Sanders Nabs Ex-Sheppard Mullin M&A Pro

    Troutman Sanders LLP on Thursday said that it scored a mergers and acquisitions expert from Sheppard Mullin Richter & Hampton LLP who works closely with clients in the food and beverage and health care sectors to round out its corporate practice in Orange County, California.

  • April 29, 2016

    Robbins Geller Wins Bid To Lead GoPro Securities Suit

    Robbins Geller Rudman & Dowd LLP will lead a consolidated putative class action accusing camera maker GoPro Inc. of making false and misleading statements regarding its Hero product line that ultimately caused the stock to tank, according to an order filed in California federal court on Thursday.

  • April 29, 2016

    Rising Star: Keker & Van Nest's Adam Lauridsen

    Keker & Van Nest LLP partner Adam Lauridsen blends enthusiasm for sports with sophistication of sports law, tackling landmark cases involving Major League Baseball’s antitrust exemption, franchise relocations and First Amendment disputes, landing him a spot on Law360's list of top sports law attorneys under age 40.

Expert Analysis

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Obama Immigration Case: Interpreting The Oral Arguments

    Sujata Ajmera

    While the U.S. Supreme Court has indicated there is some hope for a final resolution over the Obama administration's immigration action, in reality, the chances of a decision one way or another on all of the issues presented is unlikely, and we will likely have a new president and different Congress when we get the final word on the validity of the policy at issue, says Sujata Ajmera at Strasburger & Price LLP.

  • State Tax Fallout From Federal Related-Party Debt Plan

    Jeffrey A. Friedman

    Recently proposed regulations that would create sweeping changes to the federal income tax treatment of related-party debt could also have far-reaching effects for state income tax purposes, particularly on the deductibility of intercompany interest expenses in states that do not adopt consolidated returns or similar rules, say Jeffrey Friedman and Madison Barnett of Sutherland Asbill & Brennan LLP.

  • Wave Of False Labeling Class Decertifications In Calif.

    Stephen R. Freeland

    California plaintiffs have recently tested a number of alternative approaches trying to show that restitution under California’s Consumer Legal Remedies Act may be calculated on a classwide basis for false labeling actions — but courts have not only been skeptical of these approaches, they have flatly rejected them, say Stephen Freeland and Thomas Gilbertsen at Venable LLP.

  • Fending Off Litigation With New Calif. Piece Rate Law

    Jon Daryanani

    In addition to setting pay standards, California's new piece rate law gives employers an opportunity to address past violations related to uncompensated rest and recovery time. When utilized, these safe harbor provisions can provide an affirmative defense against claims for such unpaid periods, say attorneys at Perkins Coie LLP.

  • Aetna V. BASM: A Health Care War Over Costs And Contracts

    Carol K. Lucas

    The jury's verdict in Aetna Life Insurance v. Bay Area Surgical Management should not be read as a death knell for the health care industry’s out-of-network model. However, it represents a significant battle in an ongoing war between insurers trying to control costs and out-of-network providers who argue they cannot contract on reasonable terms, says Carol Lucas at Buchalter Nemer.

  • Why Celebrity Sponsors Aren't Liable For False Advertising

    Christina Guerola Sarchio

    The Ninth Circuit’s recent opinion in a case involving a dietary supplement manufacturer and its celebrity spokesperson, former NFL quarterback Joe Theismann, reaffirms a large body of case law suggesting that public figures who simply endorse a product have a viable defense against claims for false advertising, say Christina Guerola Sarchio and Emily Luken at Orrick Herrington & Sutcliffe LLP.

  • Monitoring Employee Communications: A Brave New World

    Karla Grossenbacher

    Most employers are comfortable with the notion that, with a properly worded policy, they can access employee emails on a company-provided email server. However, what about situations where employees use web-based email, like Gmail or Hotmail, to communicate in the workplace? Using several recent cases as examples, Karla Grossenbacher at Seyfarth Shaw LLP examines an employer’s rights to access and review such communications.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • A New Perspective On Seated Work For Calif. Employers

    Jason Brown

    In Kilby v. CVS Pharmacy, the California Supreme Court made three core holdings, but none tracked the arguments made by either the defendant or plaintiff in the case. The court instead adopted the conclusions of a case decided by the California Department of Labor Standards Enforcement, which shows how persuasive the DLSE is to the court on issues of statutory interpretation and application, says Jason Brown at Fisher & Phillips LLP.