California

  • February 26, 2015

    Non-PAGA Labor Claims Head To Arbitrator Under Iskanian

    A California appeals court sent to arbitration all but the Private Attorneys General Act claims in a truck driver’s proposed labor class action against a waste disposal company, finding Thursday the state Supreme Court’s Iskanian decision prevented the driver from invalidating the company’s entire class action waiver agreement.

  • February 26, 2015

    Calif. Justices To Mull $6M Fee In Robert Half Labor Deal

    California’s top court agreed to hear a class member’s appeal of a $6.3 million fee award in staffing firm Robert Half International Inc.'s $19 million labor violations settlement, according to a case list released Wednesday.

  • February 26, 2015

    Ocean Spray Squelches Class Cert Try In '100% Juice' Suit

    A California federal judge on Thursday refused to grant class certification in a suit accusing Ocean Spray Cranberries Inc. of unlawfully labeling its “100% Juice” products, ruling the company’s “no sugar added” label didn’t mislead consumers into thinking they were low-calorie.

  • February 26, 2015

    Google Invests $300M In SolarCity's $750M Project Fund

    Google Inc. is investing $300 million in a new SolarCity Corp. fund that will finance $750 million worth of solar projects, according to an announcement from SolarCity on Thursday.

  • February 26, 2015

    Hulu Viewers' Privacy Class Action In Doubt, Judge Says

    A California federal judge said Thursday that she would likely grant Hulu LLC the win in a proposed class action accusing the company of violating the Video Privacy Protection Act by revealing users' viewing habits, saying the plaintiffs lack evidence of a clear disclosure under the law.

  • February 26, 2015

    Dearth of Evidence Dooms False Ad Suits Against HGH Co.’s

    A California federal judge has ousted two proposed class actions accusing life science companies Novex Biotech LLC and SanMedica International LLC of selling human growth hormones that don’t live up to their promised benefits, ruling Wednesday that the lead plaintiffs presented no evidence to disprove the benefits' existence.

  • February 26, 2015

    Judge Blasts Taco Bell's Bid To Nix Meal Break Class Claims

    A California federal judge on Wednesday upbraided Taco Bell Corp.’s bid to dismiss claims in a consolidated class action alleging the fast-food chain deprived employees of meal breaks, saying the claims were sufficiently alleged, while also threatening sanctions for any more time-wasting litigation tactics.

  • February 26, 2015

    Enviros, Others Pressure Calif. Gov. For Fracking Moratorium

    Scores of community, environmental and health groups on Thursday petitioned California Gov. Jerry Brown for an immediate statewide moratorium on hydraulic fracturing and other forms of well stimulation, claiming the practices are contaminating aquifers.

  • February 26, 2015

    Cold-EEZE Is 'Totally Ineffective,' False-Ad Suit Says

    ProPhase Labs Inc., a manufacturer of homeopathic zinc-based cold products, was hit with a putative class action in California federal court Wednesday for allegedly falsely advertising its Cold-EEZE products as “clinically proven to reduce the duration of the common cold.”

  • February 26, 2015

    Judge Green-Lights Deal To End DHS 'Voluntary Return' Suit

    A California federal judge on Wednesday approved a deal that would allow some Mexican nationals to return to the U.S., resolving a class action accusing the Department of Homeland Security of employing deceptive and threatening tactics to coerce them out of the U.S.

  • February 26, 2015

    RBS Bid To Escape MBS Suit Is Improper, NCUA Says

    The National Credit Union Administration board on Thursday urged a California federal judge to keep alive its claims against RBS Securities Inc. over hundreds of millions in mortgage-backed securities that helped lead to the failure of a major credit union, saying RBS' dismissal motion improperly attacked specific allegations.

  • February 26, 2015

    IGate Says In-House Atty's Sex Assault Suit Filed Too Late

    IGate Technologies Inc. asked a California federal court on Wednesday to toss sexual assault and battery claims from an in-house attorney’s suit accusing the company’s general counsel of denying her a promotion because she refused to have sex with him, saying her suit was filed four days too late.

  • February 26, 2015

    Steven Tyler’s Atty Can’t SLAPP Away Agent’s Suit: Calif. Court

    Communications between a lawyer for Steven Tyler and an “American Idol” representative over the Aerosmith rocker’s contract negotiations are not protected speech, a California appeals court ruled on Wednesday, reviving a management company’s $2 million suit alleging the attorney sabotaged its bid to get Tyler a more lucrative deal.

  • February 26, 2015

    Calif. Privacy Bills Would Halt Car-Data Hacks, Spying TVs

    Two California state lawmakers announced a bipartisan package of legislation featuring a slew of measures that would ban drones over school grounds and combat car-data hacking on Thursday, a day after a new California State Assembly committee on privacy and consumer protection held its first hearing.

  • February 26, 2015

    Troutman Sanders’ New SF Office Pads West Coast Expansion

    Troutman Sanders LLP will unveil its fourth West Coast outpost in six years when it opens its new San Francisco office on April 1, focusing on energy, finance, insurance, intellectual property, litigation and China inbound and outbound work,  the firm announced Wednesday.

  • February 26, 2015

    HSBC Hit With Suit Over Money Laundering For Drug Cartel

    HSBC Bank USA NA on Wednesday was hit with more claims of money laundering in a proposed class action brought by four plaintiffs who say money stolen from them by Los Angeles street gangs was then laundered through the bank and funneled to a Mexican drug cartel.

  • February 25, 2015

    Citigroup, Banamex Report Anti-Money Laundering Probes

    Citigroup Inc. and its Banamex USA unit are under investigation by the U.S. Department of the Treasury and a California regulator over their compliance with anti-money laundering requirements and the Bank Secrecy Act, the bank disclosed in a regulatory filing Wednesday.

  • February 25, 2015

    Kleiner Partner Held All-Male Al Gore Dinner, Jury Told

    A former Kleiner Perkins Caufield & Byers LLC partner told a California jury Wednesday that he organized an all-male networking dinner at ex-Vice President Al Gore's San Francisco home, confirming an allegation in interim Reddit CEO Ellen Pao's sex-bias trial against the venture capital titan.

  • February 25, 2015

    In-Flight Entertainment Co. Can't Trim UMG Copyright Suit

    A California federal judge has denied Golden Eagle Entertainment Inc.'s bid to pare UMG Recordings Inc.'s suit accusing the company of cheating record labels out of royalties for music used in in-flight entertainment, saying federal law deregulating airline rates, routes and services doesn't preempt state copyright regulations.

  • February 25, 2015

    Thicke Sings On Stand To Prove 'Blurred Lines' No Copy

    Pop star Robin Thicke took to the keyboard and sang for an audience of 12 jurors in a Los Angeles federal courtroom Wednesday in a bid to convince them his hit “Blurred Lines” is not a copy of Marvin Gaye’s 1977 song “Got to Give It Up.”

Expert Analysis

  • Can Federal Immigration Law And AB 60 Be Reconciled?

    Mary E. Pivec

    Employers now face a Hobson’s choice when it comes to structuring a policy position on whether to accept California A.B. 60 driver’s licenses as valid identity documents in the I-9 employment verification process, says Mary Pivec of FordHarrison LLP.

  • 2 Years Of Clapper: Takeaways From 12 Data Breach Cases

    Andrew Hoffman

    Feb. 26 marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA. Federal district courts in at least 12 data breach cases have applied Clapper, and while the majority have concluded that Clapper mandates dismissal for a lack of standing, some courts have found that standing exists, says Andrew Hoffman of InfoLawGroup LLP.

  • Defining Atty Fee Enforceability In Illegal Contracts

    Sylvia S. Arostegui

    California courts have previously enforced attorneys' fees provisions in a real estate purchase contract even though the underlying contract was illegal. However, in Mountain Air Enterprises v. Sundowner Towers, a state appeals court distinguished prior decisions and clarified when a party can recover attorneys' fees under a real estate purchase contract that is ruled to be illegal, say Sylvia Arostegui and Brendan Macaulay of Nossaman LLP.

  • Pensions Are Now On The Restructuring Table, For Real

    Karol K. Denniston

    Thanks to Judge Chris Klein’s recently issued confirmation opinion in Stockton’s bankruptcy case, no longer will cities be able to avoid dealing with pensions in California out of a fear of facing off with CalPERS and its massive bank account, says Karol Denniston of Squire Patton Boggs LLP.

  • In Retrospect: Brinker V. Superior Court

    Joshua R. Dale

    Three years after the much-anticipated California Supreme Court opinion in Brinker Restaurant Corp. v. Superior Court, employers are still grappling with how it affects employers’ obligations toward their employees — for example, there are still questions as to what an employer must do to “provide” the required meal and rest breaks, says Joshua Dale of Michel & Associates PC.

  • Don't Forget About Publicity Rights In Estate Planning

    Barbara Wahl

    As "The Imitation Game" — the recent Oscar-winning movie about English code-breaker Alan Turing — demonstrates, there’s no telling whose life and image may get the Hollywood treatment after they are gone. Modern estate planning should account for this potential asset, says Barbara Wahl of Arent Fox LLP.

  • US Immigration Policy: Adventures In Fantasyland

    Robert S. Groban Jr

    As Tom Friedman observed, the world is increasingly flat. Right now, we have an immigration system, largely created in 1952, that has erected barriers that prevent us from being a more effective competitor in the economic wars of the 21st century. This needs to be the focus of the great immigration debate or we run the real risk of a pyrrhic victory at the border, say experts with Epstein Becker & Green PC.

  • This Week In Congress: Avoiding A DHS Funding Showdown

    Richard A. Hertling

    One major change in the debate over U.S. Department of Homeland Security funding — which expires this Friday — is that a Texas federal district judge has issued an injunction against the Obama administration’s immigration policy, essentially putting it on hold. This may be an opportunity for the Senate to avoid the policy riders and pass a clean funding bill, says Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.

  • Your Employee Is On-Call, But Is Your Employee Working?

    Jennifer Palagi

    Whether employees are entitled to be paid for every hour they are on-call requires a fact-intensive analysis and must be determined on a case-by-case basis. It is essential to understand the appropriate circumstances under which nonexempt employees can be designated as on-call and how to effectively draft on-call policies in order to avoid triggering hourly compensation requirements, says Jennifer Palagi of Liebert Cassidy Whitmore LLP.