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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.