California

  • September 18, 2014

    NY AIG Ruling Shifts Workers' Comp Fights Back To Calif.

    American International Group Inc. can't force businesses into New York arbitration over side agreements governing California workers' compensation insurance, an Empire State appellate court has found, a ruling experts say gives employers a stronger hand in policy payment fights by shifting the playing field back to a state where the law is considered more friendly to policyholders.

  • September 18, 2014

    Disney, EA Say Game Animation Lip-Sync Not Patentable

    Disney Interactive Studios Inc., Electronic Arts Inc. and other video game makers urged a California federal judge to toss patent infringement claims over a set of rules for lip-synching on animated characters, saying Thursday that the rules are unpatentable because they aren't novel or concrete.

  • September 18, 2014

    Barry Bonds Fights Obstruction Verdict Before Full 9th Circ.

    Former San Francisco Giants baseball star Barry Bonds urged an en banc panel of the Ninth Circuit on Thursday to reverse an appellate panel's ruling upholding his 2011 conviction for obstructing a federal investigation into steroid use, arguing that a witness's truthful evasive statements can't be criminalized.

  • September 18, 2014

    Venable-Acquired Firm Ducks LA Times Reporter's Spying Suit

    Law firm Gorry Meyer & Rudd LLP, which later merged with Venable LLP, escaped an ex-Los Angeles Times reporter's suit alleging it hired disgraced private investigator Anthony Pellicano to wiretap and threaten her, as a California judge ruled Thursday there wasn't sufficient evidence the firm ordered Pellicano to target her.

  • September 18, 2014

    Saudi Prince Wants Chance To Amend $25M Suit Over Mansion

    A company owned by a Saudi prince on Thursday urged a California appeals court to revive its $25 million lawsuit alleging the city of Los Angeles abused its power by halting construction of a 60,000-square-foot property after a billionaire neighbor complained, saying plaintiffs deserve a chance to amend the complaint.

  • September 18, 2014

    Paint Cos. Urge Reversal Of $1.15B Lead Contamination Order

    Sherwin-Williams Co. and two other former lead pigment makers have urged a California appeals court to reverse a trial judge's order that they pay $1.15 billion to abate lead paint contamination in potentially millions of California homes, arguing the order contradicts public nuisance law.

  • September 18, 2014

    Testosterone Booster False-Ad Row Survives Dismissal Bid

    A California federal judge ruled Wednesday that a proposed consumer class can’t seek to bar Infinitelabs LLC from making misleading claims that its supplement aids testosterone production, since the plaintiff won’t buy the product again, but allowed the remaining claims to move forward.

  • September 18, 2014

    SEC Targets 8 Over Penny-Stock Fraud, Banker Charged

    The U.S. Securities and Exchange Commission on Thursday sued eight individuals over their alleged role in a pump-and-dump scheme, including a purported California merchant banker who also faces criminal charges that he masterminded the fraud and another who allegedly used illegal profits toward an earlier SEC penalty.

  • September 18, 2014

    Google, Consumers To Mediate Privacy Spat

    Google Inc. said on Thursday it will enter mediation talks with a group of consumers who allege Google violated privacy laws by aggregating and storing users’ data across its platforms, after a California federal judge tossed most of their claims.

  • September 18, 2014

    RE Rumor Mill: Jay Z And Beyonce, Astoria, H&Q Asia Pacific

    Jay Z and Beyonce are said to be eyeing the purchase of an $85 million Los Angeles-area mansion, while the developer of Astoria Cove has reportedly picked up the final pieces of land it needs for the project and H&Q Asia Pacific is said to be in talks to purchase 17 acres near San Francisco International Airport.

  • September 18, 2014

    Uber, Lyft Face New Insurance Regs As Calif. Gov. Signs Law

    California Gov. Jerry Brown on Wednesday signed an amendment to state law boosting the insurance requirements for so-called transportation network companies such as Uber and Lyft.

  • September 18, 2014

    John Quinn Letter Saves Samsung From Nokia's Doc Demands

    Samsung Electronics Co. Ltd. doesn’t need to hand over to Nokia Corp. more documents about Quinn Emanuel Urquhart & Sullivan LLP's disclosure of confidential license details during Samsung's patent war with Apple Inc., a California federal judge ruled Wednesday, finding that founding partner John Quinn has already promised the information was destroyed.

  • September 18, 2014

    Ogletree Grabs 2 Ex-Jackson Lewis Employment Attys In Calif.

    Ogletree Deakins Nash Smoak & Stewart PC bolstered its San Diego presence this week with the addition of two former Jackson Lewis PC shareholders who represent management in employment matters, strengthening the firm’s core practice area.

  • September 18, 2014

    Green Dot Pays $320M To Acquire Calif. Tax Services Co.

    California-based bank holding company Green Dot Corp., which specializes in providing debit cards, will acquire tax refund processing company Santa Barbara Tax Products Group LLC for $320 million in cash and stock as Green Dot seeks to expand beyond personal banking, it said Thursday.

  • September 18, 2014

    Calif. Bar Wants Atty Punished For Putting Self In Celeb Pics

    A State Bar Court of California judge has recommended a Los Angeles business litigation attorney be suspended from practicing law for six months for allegedly posting online images in which she was Photoshopped alongside President Barack Obama, George Clooney and other politicians and celebrities.

  • September 18, 2014

    St. Paul Owes $1.8M Toward Forklift Death Settlement

    St. Paul Surplus Lines Insurance Co. is on the hook for $1.8 million, about half of the $3.5 million that fellow insurer Continental Casualty Co. paid out to cover a settlement with the family of a forklift operator killed in a workplace accident, a California federal judge ruled Tuesday.

  • September 18, 2014

    Foot Locker Seeks To Exit Customer Info Collection Row

    Foot Locker Inc. on Thursday urged a California federal judge to toss a putative class action accusing it of illegally collecting and storing customers’ personal information after in-store checkouts, saying the complaint only shows the retailer asked for, but did not record, the personal identification information.

  • September 18, 2014

    Calif. Gov. Vetoes Unemployment Discrimination Bill

    California Gov. Jerry Brown vetoed a state Assembly bill Wednesday aimed at preventing employers from discriminating against unemployed applicants, saying it could wind up interfering with the state's efforts to link unemployed job seekers with prospective employers.

  • September 18, 2014

    HP Says Ex-Autonomy Exec Can't Block Deal Over $11B Buy

    Hewlett-Packard Co. urged a judge Wednesday to prevent the blockade of a settlement in which HP and its shareholders would ally to place blame for HP's disastrous $11.1 billion Autonomy Corp. buy on Autonomy executives, saying the former chief financial officer behind the challenge is irrelevant to the settlement.

  • September 18, 2014

    Judge Tosses False Ad Suit Over Michael Jackson Animation

    A California federal judge on Wednesday tossed a Lanham Act suit over an animated performance by Michael Jackson during the 2014 Billboard Music Awards, saying the performance's developers didn't plead specifically to show that billionaire Alkivlades David falsely claimed authorship of the performance during a televised interview.

Expert Analysis

  • Historic Calif. Groundwater Bills Are Dry On Specifics

    Alfred E. Smith II

    Despite their historic nature, California's set of groundwater bills do not determine or quantify water rights — how groundwater sustainability agencies will exercise their water right allocation authority or create sustainability plans where water rights priorities are contested is uncertain, says Alfred Smith of Nossaman LLP.

  • When Does An Insurance Co. Waive Atty-Client Privilege?

    Joan M. Cotkin

    A policyholder’s counsel might consider sending discovery requests inquiring whether the insurer-defendant claims to have acted legally at all relevant times, which we suspect the insurer-defendant is likely to respond in the affirmative — if it does so, will it have waived the privilege? asks Joan Cotkin of Nossaman LLP.

  • Resurgence Of 'Negligent Loan Servicing' Theory In Calif.

    Luke Sosnicki

    California’s First District Court of Appeal recently doubled-down on its 2013 ruling in Jolley v. Chase Home Finance LLC, again holding that a residential mortgage servicer owed a borrower a duty of care when reviewing a loan-modification application. In doing so, however, the court did not address other — and perhaps more basic — questions, say Luke Sosnicki and Stephanie Yu of Dykema Gossett PLLC.

  • Apple Class Certification Will Affect All Tech Companies

    Ian C. Schaefer

    The greatest impact of the recent class certification in Felczer v. Apple Inc. may be in emboldening other lawyers to sue technology companies and use this case as a blueprint — other companies should expect suits with similar claims, theories, discovery, experts and trial plans, say attorneys at Epstein Becker Green LLP.

  • No Industry Is Safe From TCPA Litigation

    Richard Benenson

    In recent years, the number of private actions filed under the Telephone Consumer Protection Act has risen sharply, but perhaps more concerning is that litigants are using the act to target an increasingly broad range of industries, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • More State Courts Upholding Forum Selection Bylaws

    Melissa L. Nunez

    The recent case of Groen v. Safeway represents a clear move by California to join the growing list of states going on record to endorse the enforceability of forum selection provisions in corporate bylaws, say Robert Friedel and Melissa Nunez of Pepper Hamilton LLP.

  • Why You Need A Court Reporter To Set The Record Straight

    Anne M. Grignon

    Court reporters, who used to be a regular presence in every courtroom in California, preserving every word for the record, are now conspicuously absent from many of the state's courts. This has serious implications for civil appeals, say Anne Grignon and Ilana Herscovitz of Reed Smith LLP.

  • Back To The '90s: Retail Pricing Class Actions Return

    Ed Chansky

    Despite a slowdown in lawsuits against retailers for deceptive price advertising since the mid-1990s, Federal Trade Commission guidelines and state laws and regulations are still in effect and have recently become the basis for a growing number of consumer class actions against retailers, say Ed Chansky and Irving Scher of Greenberg Traurig LLP.

  • New Calif. Appeal Bond Rules Correct Outdated Process

    Lisa Perrochet

    An overdue amendment to the California statutes governing deposits in lieu of appeal bonds brings the deposit procedure in line with modern banking and investment practices. Two important changes will streamline the process, say Thomas Watson and Lisa Perrochet, partners with Horvitz & Levy LLP and drafters of the bill.

  • Important Legal Effects Of California Short-Form Mergers

    Richard Marr

    As a California state appeals court held in Busse v. United PanAm Financial Corp., a dissenting shareholder in a short-form merger involving common control may bring an action to unwind a buyout, but may not seek an award of monetary damages pursuant to Section 1312(b) or for common law claims of fraud or breach of fiduciary duty, say Gerard Mooney and Richard Marr of Rutan & Tucker LLP.