• August 4, 2015

    Bayer Agrees To $57M Deal To End Yaz Blood Clot Suits

    Bayer Corp. has agreed to pay nearly $57 million to end a series of lawsuits across multiple federal and state jurisdictions over allegations that use of its birth control pills Yaz, Yasmin and Ocella resulted in strokes and heart attacks.

  • August 3, 2015

    Calif. Justices Make Deal Unconscionability A Tough Sell

    The California Supreme Court on Monday found that a car buyer can’t avoid an arbitration agreement with a class waiver merely by complaining after the fact that the deal was unfair, a post-Concepcion ruling attorneys say is likely to make it harder for consumers to show an arbitration agreement is unconscionable and that may prove useful to employers in contract fights with workers.

  • August 3, 2015

    EBay Looks To Nix Resale Royalty Suits After 9th Circ. Ruling

    EBay Inc., Christie's Inc., and Sotheby's Inc. on Monday told a California federal judge that the artists seeking unpaid royalties in three putative class actions no longer have standing after an en banc Ninth Circuit limited the California's Resale Royalty Act to in-state sales only.

  • August 3, 2015

    Oles Morrison Adds Construction, Insurance Pro In Oakland

    The former managing partner of McCarthy & McCarthy LLP has a new home at the West Coast construction litigation firm of Oles Morrison Rinker & Baker LLP, where he will continue to handle construction risk management, insurance-related disputes and general business litigation, the firm announced Friday.

  • August 3, 2015

    Calif. High Court Says Arbitration Deal Not Unconscionable

    The California Supreme Court ruled in a closely watched post-Concepcion case Monday that a lower court erred in finding a consumer arbitration agreement with a class waiver unconscionable, saying the standard for unconscionability must be as rigorous when applied to arbitration clauses as for any contract clause.

  • August 3, 2015

    9th Circ Revives WildEarth's Suit Over Predator Killing

    The Ninth Circuit on Monday revived claims in environmental organization WildEarth Guardians’ lawsuit alleging  the U.S. Department of Agriculture’s culling of predatory animals violates federal law, saying a lower court erred in finding a citizen’s lowered enjoyment of the outdoors did not warrant standing.

  • August 3, 2015

    Agencies Must Mitigate Project Effects, Calif High Court Says

    State agencies are obligated to mitigate the environmental effects of their projects even when the Legislature doesn't set aside money for that mitigation, the California Supreme Court ruled Monday in San Diego's feud with California State University over traffic from a planned expansion at San Diego State University.

  • August 3, 2015

    Pom Loses Injunction Bid Again In Trademark Spat With Pur

    A California federal judge, who the Ninth Circuit said had erred by denying an injunction bid by Pom Wonderful LLC, again rebuffed Pom's bid on Monday to block sales of Pur Beverages' allegedly trademark-infringing energy drinks, tentatively ruling Pom still hadn't shown Pur's sales are harming its brand.

  • August 3, 2015

    SEC Hits Pimco With Wells Notice Over Fund Valuations

    Pacific Investment Management Co. LLC has received a Wells notice of impending legal action over the valuation of certain holdings in the bond behemoth's Total Return exchange-traded fund, according to a regulatory filing Monday.

  • August 3, 2015

    Zimmer Hit With $9.2M Verdict In Hip Implant Defect Suit

    A California jury has awarded $9.2 million to a man who was forced to undergo two hip-replacement surgeries in 15 months after receiving a Zimmer Inc. implant, finding for the first time that the company was negligent in designing its metal-on-metal Durom Cup.

  • August 3, 2015

    Google Gets IP Row Moved After Fed. Circ. Scolds Judge

    A Texas federal judge on Monday granted Google Inc.'s long-pending motion to shuffle Brite Smart Corp.'s patent infringement suit to California, after the Federal Circuit admonished him for waiting months to take action.

  • August 3, 2015

    Anthem Worker Row Belongs In State Court, 9th Circ. Hears

    An attorney for a putative class of Anthem Inc.’s Blue Cross employees who say the company discriminated against black and female workers told the Ninth Circuit on Monday the case belongs with a simultaneously filed sister action in California state court.

  • August 3, 2015

    Depomed, Horizon File Competing Suits In Takeover Battle

    Hoping to thwart a hostile takeover, Depomed Inc. on Monday hit Horizon Pharma PLC with a lawsuit in California court alleging misuse of confidential data, while Horizon said that it simultaneously sued over Depomed’s recent poison pill and would seek to oust the company’s board members.

  • August 3, 2015

    Middle East Investors To Spend $15B On Global Real Estate

    Middle East investors are projected to spend $15 billion annually on global real estate in the coming years, as they increasingly focus on U.S. properties while diversifying holdings amid falling oil prices, according to a CBRE Group Inc. report Monday.

  • August 3, 2015

    Cybersecurity Co. Zscaler Raises $100M In Financing Round

    California-based cybersecurity company Zscaler Inc. on Monday said it closed a $100 million financing round led by private investment firm TPG, as the demand for security technology continues to grow in light of recent data breaches and attacks online.

  • August 3, 2015

    Judge Drops $150M Beats Royalties Row Against Dr. Dre

    A California judge refused Monday to reconsider claims by the designer of the first model of music mogul Dr. Dre's Beats Electronics LLC’s headphones that he was owed $150 million in royalties on subsequent Beats headphones, saying no new facts or circumstances were put forward to change his mind.

  • August 3, 2015

    Japanese Dealer Says Customs Illegally Seized $1M In Cars

    Japanese car reseller Saeki Co. Ltd. sued the U.S. government for more than $1 million Friday in California federal court, saying border officials unlawfully seized nine Porsche Cayennes purchased in Florida for resale in Japan.

  • August 3, 2015

    Facebook Says Hacking Warnings Aren't 'Robocall' Texts

    Facebook Inc. on Friday told a California federal judge that a proposed class action alleging the social media giant violates the Telephone Consumer Protection Act by sending unwanted automated text messages warning about possible account hacks should be dismissed because they’re emergency notifications.

  • August 3, 2015

    StubHub Suit 'Not An Antitrust Problem,' Ticketmaster Says

    The National Basketball Association’s Golden State Warriors and Ticketmaster LLC told a California federal court on Friday that the antitrust suit brought by ticket reseller StubHub Inc. is not based on an “antitrust problem at all.”

  • August 3, 2015

    Trader Joe's Rips Age Bias Row Venue Defense As 'Clumsy'

    Trader Joe's Co. urged a California federal judge on Monday to move a proposed class action over a workforce restructuring that allegedly demoted older employees to Southern California, calling the plaintiffs' efforts to keep the case in San Francisco “clumsy.”

Expert Analysis

  • Proposition 65: New Developments, New Problems

    Malcolm C. Weiss

    Though California's Proposition 65 is mostly known for its warning requirements, its rarely used prohibition on the discharge of listed chemicals into drinking water is being tested against the oil and gas industry. In addition, the Office of Environmental Health Hazard Assessment's proposed warning regulations will give plaintiffs new fodder to challenge the sufficiency of warnings, opening the door for a new class of Proposition ... (continued)

  • The Glass Half-Empty Class Action: Slack-Fill Litigation

    James P. Muehlberger

    We've all popped open that bag of potato chips only to find it seems half-empty. That's slack-fill for you, and despite all of the legitimate explanations in the world for it, that has not deterred some in the plaintiffs' bar, which has seized upon slack-fill litigation as the newest product packaging and labeling class action du jour, say James Muehlberger and Iain Kennedy of Shook Hardy & Bacon LLP.

  • The Interplay Between Indemnity And Insurance Clauses

    Jeffrey A. Kiburtz

    Setting aside whether indemnity is truly “deadly dull” and insurance is only generically boring, as one California court described them, the lack of a clear relationship between contractual indemnity provisions and insurance requirements can give rise to considerable uncertainty in construction contract litigation, say Jeff Kiburtz and Clark Thiel at Pillsbury Winthrop Shaw Pittman LLP.

  • Gilbert Hyatt's Epic Tax Battle Is Far From Over

    Annie H. Huang

    Inventor Gilbert Hyatt has been embattled with the California Franchise Tax Board over residency status and the conduct of FTB auditors for over 20 years. While Hyatt will make a second trip to the U.S. Supreme Court, the court's review will be limited to governmental immunity issues, and it would not be surprising if Hyatt and California continue their battle for another decade or two, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Craft Beer's Growth Is Causing Congress To Brew Reforms

    Matthew P. McLaughlin

    In response to the craft beer industry's explosive growth, national policy surrounding alcohol regulatory reform has been one of modernization, not the elimination of three-tier distribution systems and state franchise laws. However, while some states have embraced this trend in a positive manner, others have been extremely resistant to change, says Matthew McLaughlin of Baker Donelson PC.

  • Putting The Brakes On Newman: 3 Recent Rakoff Decisions

    David I. Miller

    Judge Jed Rakoff’s recent instructive decisions have set the stage for a closer analysis of Newman’s potential effect on future insider trading cases. Indeed, in its petition for a writ of certiorari, the government uses Judge Rakoff’s decisions to support its arguments to the U.S. Supreme Court, say attorneys with Morgan Lewis & Bockius LLP.

  • OPINION: On Porous Borders

    Judge Eliza Klein

    Since 2008, funding of the border patrol has doubled. Meanwhile, funding of the immigration courts has stagnated. The case load has grown from slightly less than 263,000 cases nationwide to slightly more than 450,000 — over 2,000 cases per judge. We must do better, says Judge Eliza Klein, of counsel to Gil Law Group and a former immigration court judge for more than 20 years.

  • FIFA Avoids Concussions — For Now

    Ronald S. Katz

    Amid its well-publicized legal woes, FIFA recently dodged a legal bullet when it was dismissed with prejudice from a concussion class action filed by soccer players and parents. However, it is not likely that this speck of good fortune will last, for at least three reasons, says Ronald Katz, head of Manatt Phelps & Phillips LLP's sports law practice.

  • Reading Between The Lines Of San Francisco's Retail Rules

    Joanne A. Buser

    Certain provisions to San Francisco's Retail Workers Bill of Rights may unnecessarily expose an employer to disparate treatment claims for failure to offer additional work or failure to promote a part-time employee, and consistent criteria should be used to minimize the impact of these risks to covered employers, says Joanne Buser of Paul Plevin Sullivan & Connaughton LLP.

  • And Now A Word From The Panel: The Rocket Docket!

    Alan Rothman

    As we celebrate the 46th anniversary of mankind’s first walk on the moon, this month’s column tracking the Judicial Panel on Multidistrict Litigation appropriately explores the impact of the “rocket docket” on the selection of an MDL venue. We have discussed various venue selection factors, but is the perceived speed with which a district handles cases relevant? asks Alan Rothman of Kaye Scholer LLP.