• January 23, 2015

    LA County, Medical Billing Co. Off Hook For Stolen Records

    A California judge on Friday said she would dismiss a putative class action alleging that Los Angeles County and a medical billing contractor's negligence led to patients’ medical records being stolen, saying the plaintiffs need to support their allegation that medical information was actually exposed.

  • January 23, 2015

    Ex-Arent Fox Bankruptcy Pro Joins Fox Rothschild In LA

    Former Arent Fox LLP partner Mette Kurth joined the bankruptcy law practice of Fox Rothschild LLP as a partner in its Los Angeles office, the firm has announced.

  • January 23, 2015

    Kaiser Can't Duck Calif. Home Care Nurses' Wage Row

    A California judge on Friday rejected Kaiser Foundation Hospitals’ bid for a quick win in a putative class action alleging the company pressured unionized home care nurses to underreport their hours worked, rejecting Kaiser’s argument that the dispute should be handled by the plaintiff's union.

  • January 23, 2015

    Ocwen Shells Out $2.5M To Keep Calif. Mortgage License

    An Ocwen Financial Corp. unit on Friday agreed to pay $2.5 million to a California regulator for failing to provide documentation showing it was complying with state laws protecting mortgage holders.

  • January 23, 2015

    Veggie Packer Dodges Violations Thanks To ICE Agent Mix-Up

    An administrative law judge has ruled that a California vegetable packing company must pay $21,560 for hiring an unauthorized worker and I-9 form violations but is off the hook for passport-related infractions because of mixed messages from U.S. Immigration and Customs Enforcement agents.

  • January 23, 2015

    Human Egg Donors Near Cert. Of Antitrust Class In Pay Row

    A California federal judge said Friday he would likely certify a class of human egg donors on the issue of whether an agreement among members of the American Society for Reproductive Medicine to cap compensation to those donors violated the Sherman Act.

  • January 23, 2015

    2 IPOs Raise $375M As Slew Of Others Prepare Debuts

    Cloud storage provider Box Inc. splashed on to the market Friday, one of only two initial public offerings in a week swamped with companies setting terms — including 10 life sciences firms, a private equity-backed burger chain and a real estate investment trust — which has laid the groundwork for a busy few weeks in IPO activity.

  • January 23, 2015

    Stanford Says PTAB Wrong To Nix Prenatal Testing Patent

    Stanford University urged a California federal judge on Friday to overrule a U.S. Patent and Trademark Office finding that its prenatal testing patent is invalid, arguing that the Patent Trial and Appeal Board wrongly found that the invention lacks a written description.

  • January 23, 2015

    High Court Takes Up FSIA Case Over Austrian Train Injury

    The U.S. Supreme Court agreed Friday to hear an appeal from Austria's national railway seeking protection from an American woman's personal injury suit under the Foreign Sovereign Immunities Act, a move that ignored advice from the U.S. solicitor general to deny certiorari.

  • January 23, 2015

    Holland & Knight Snags LA Real Estate Partner From Goodwin

    Holland & Knight LLP announced it has brought on board a lateral real estate partner from Goodwin Procter LLP to help grow its Los Angeles general real estate group as well as its project finance and land use practices.

  • January 23, 2015

    Deals Rumor Mill: Electricite, Banco Santander, Dodgers

    Electricite de France SA is exploring options including a potential sale or spinoff of its French distribution network Reseau de Transport d’Electricite, which could be worth up to $17.1 billion, while Banco Santander is weighing a purchase of a 26 percent stake in midtier Polish lender Alior Bank.

  • January 23, 2015

    9th Circ. Flips Kimberly-Clark Unit's Pain Pump Win

    The Ninth Circuit on Friday revived a suit claiming a Kimberly-Clark Corp. unit's pain pump injured an Oregon woman, ordering a new trial and saying the district court improperly declined to give requested jury instructions it believed were preempted by federal law.

  • January 23, 2015

    Hulu Viewers Say Actual Knowledge Preserves Privacy Claims

    Consumers pursuing a class action accusing Hulu LLC of illegally sharing their personal data fired back at the video streaming service on Thursday, urging a California federal judge to preserve their remaining claims because Hulu had actual knowledge the information would be disclosed to Facebook Inc.

  • January 23, 2015

    Uber Feels Calif. Heat With Commercial Plate Requirement

    The California Department of Motor Vehicles is requiring drivers who work for Uber Technologies Inc., Lyft Inc. or other ride-hailing services to register their cars for commercial use, adding to the companies’ growing list of regulatory headaches in the Golden State.

  • January 23, 2015

    HP Takes 4th Crack At Deal In Autonomy Buy Shareholder Suit

    Hewlett Packard Co. took a fourth shot at settling a shareholder derivative suit over HP's disastrous $11.1 billion Autonomy Corp. acquisition, telling a California federal judge on Thursday that it had limited the claims that would be released and made changes to reflect its corporate split.

  • January 23, 2015

    Kaiser Hit With Suit Over Doctor's Alleged Sexual Assaults

    Kaiser Permanente is under fire from three former health plan participants who allege in a putative class action filed in California state court Thursday that they were sexually harassed by a former doctor working out of a Kaiser facility.

  • January 23, 2015

    McMillin's Construction Defect Coverage Suit Revived

    A California appeals court on Thursday revived McMillin Companies LLC's suit against American Safety Indemnity Co. over coverage for construction defect litigation by reversing a lower court ruling that left McMillin without evidence of damages, while finding that ASIC should be allowed to present evidence disputing its alleged duty to defend.

  • January 23, 2015

    SF Noodle House Says Upstart Rival Copied Logo, Name

    Noodles Raw Catering LLC on Thursday launched a suit in California federal court accusing fellow San Francisco-based restaurant operator Saison Group LLC's soon-to-open Fat Noodle restaurant of infringing the trademark for its Chubby Noodle eatery.

  • January 23, 2015

    Harley-Davidson Can't Kick Dealer's Relocation Contract Row

    A California federal judge has rejected Harley-Davidson Motor Co. Inc.’s bid to toss a suit alleging it forced a Van Nuys dealership to relocate to Santa Clarita, which drastically reduced the dealership’s sales potential, saying the motorcycle giant’s dealer contract had a provision barring relocation.

  • January 23, 2015

    5-Hour Energy Makers Can't Dump False Ad MDL

    A California federal judge on Thursday again trimmed an amended class suit accusing the makers of 5-Hour Energy drinks of false advertising, finally tossing the plaintiffs' fraud-based claims about the products' television advertisements and state claims asserting breaches of warranty but allowing certain other warranty claims to proceed.

Expert Analysis

  • Generic Drug Cos. Face Failure-To-Warn Claims In Calif.

    Erin M. Bosman

    The U.S. Supreme Court's recent denial to hear an appeal involving failure-to-warn claims against generic pharmaceutical manufacturers in Teva Pharms. USA Inc. v. Super. Ct. provides California plaintiffs claiming injury from generic drugs with a trifecta of liability theories, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Calif. Land Grant Case May Change Railroad Rights Of Way

    Michael F. Kerr

    A California appellate court's recent ruling in Union Pacific Railroad Co. v. Santa Fe Pacific Pipelines Inc. is likely to significantly affect the relationships between railroads and their subsurface tenants on rights of way that were originally granted by the government, particularly in the western part of the country, say Neil Soltman and Michael Kerr of Mayer Brown LLP.

  • 5 Employment Laws Calif. Businesses Should Know In 2015

    Hilary Weddell

    The California Legislature recently enacted a number of wide-ranging employment laws that will affect California businesses in 2015, including expanded discrimination protections to interns, required anti-bullying training and a codified joint employer liability, says Hilary Weddell of McManis Faulkner.

  • A Data Security Checklist For Companies Hiring Law Firms

    Jenn Topper

    We trust our law firms with huge amounts of data, whether in or out of discovery, investigations or litigation. All too often, we have relied on privilege, confidentiality and attorney ethics as a proxy for data protection and information security. But in fact, law firms ought to be held to a much more stringent standard — and in-house counsel would be wise to begin with a number of specific inquiries, says legal industry consultan... (continued)

  • Confusion Persists Over Medical Marijuana Enforcement

    Daniel J. Hurteau

    While the recently enacted omnibus spending bill allows for state implementation of existing medical marijuana laws, it appears to largely be a symbolic victory for the medical marijuana industry. The ambiguity inherent in the spending bill raises more questions than it answers and may not completely divert the U.S. Department of Justice's attention away from medical marijuana, say attorneys at Nixon Peabody LLP.

  • Top 10 Trade Secrets Developments Of 2014: Part 2

    Randy Kahnke

    While the world of patentable subject matter shrinks, the world of trade secret protection may be expanding, say attorneys with Faegre Baker Daniels LLP.

  • 6 Ways Technology Hobbles Attorney Efforts To Recruit Clients

    Howard Breuer

    While empowering attorneys to blog, host sophisticated websites and share news via social media, technology has also brought new challenges. There are six key areas where technology — or the discord between technology and state rules on attorney advertising — has created client-recruitment problems that lawyers didn’t have a decade ago, says Howard Breuer of legal industry consulting firm ONE400.

  • Can Silence Keep You Safe? New Debate On 10b-5 Liability

    Michael Eisenkraft

    The Second Circuit’s decision in Stratte-McClure v. Morgan Stanley eliminates the ability of a company, when facing a known material trend or uncertainty, to escape liability under Rule 10b-5 by not saying anything. The dramatic consequences of the resulting split with the Ninth Circuit makes it likely that the U.S. Supreme Court will step in, says Michael Eisenkraft of Cohen Milstein Sellers & Toll PLLC.

  • Health Care Mergers In 2014: The Enforcers Strike Back

    David Balto

    Last year was a tumultuous time for health care provider mergers and acquisitions. And while there is no anticipated decrease in similar scrutiny from state and federal enforcers in 2015, this year will bring the resolution of two controversial cases — St. Luke’s and Partners, says David Balto, former policy director of the Federal Trade Commission's Bureau of Competition.

  • Fracking Bans May Trigger Civil Authority Coverage After All

    Walter J. Andrews

    A recent Law360 guest article suggests a number of reasons why civil authority coverage will not be implicated by local fracking bans. The article does not, however, fully address three important issues that will impact the question of whether civil authority coverage is, in fact, triggered, say attorneys with Hunton & Williams LLP.