California

  • December 2, 2016

    Profs Back Denial Of EEOC Subpoenas In High Court Brief

    The Ninth Circuit didn’t properly weight a district court decision when it granted de novo review to a logistics company’s claims that the U.S. Equal Opportunity Commission’s subpoenas were too invasive, a group of law professors told the U.S. Supreme Court in an amicus brief.

  • December 2, 2016

    VW Slams FTC On Claim Witness 'Unprepared' For Testimony

    Volkswagen shot back in California federal court on Thursday at the FTC's bid for more time deposing a VW witness in the carmaker’s diesel emissions multidistrict litigation, saying the agency is using the “unprepared witness” excuse as a tool to get its hands on sensitive information.

  • December 2, 2016

    LG, Sony, Others Get Technology Patent Nixed As Abstract

    A California federal judge has invalidated the asserted claims of a technology aggregation patent that Huawei, LG, Sony and other smartphone manufacturers had allegedly infringed, finding the claims to be abstract under the U.S. Supreme Court's Alice ruling.

  • December 2, 2016

    Justices Will Hear Religious Hospitals' ERISA Appeal

    The U.S. Supreme Court on Friday agreed to review federal appellate court decisions that church-affiliated hospitals aren’t exempt from the Employee Retirement Income Security Act, a stance opposed by health networks in New Jersey, Illinois and California that fear the potential for dire financial impacts.

  • December 2, 2016

    No Snags In Sight For P&G Deal Over Toilet-Clogging Wipes

    A California judge indicated Friday she'll likely OK the deal proposed by Procter & Gamble Co. and Nehemiah Manufacturing Co. to pay up to $50 per household to settle class allegations it falsely marketed its disposable hygiene wipes as “flushable," saying the settlement needs only minor revisions for final approval.

  • December 2, 2016

    Ex-Rockstar Energy Rep Claims Workers Wrongly Classified

    Energy drink giant Rockstar Inc. is facing a putative class action filed in California Superior Court by an ex-sales representative, who claims the company misclassified certain workers as exempt employees, leading those workers to be denied overtime and meal breaks in violation of state labor law.

  • December 2, 2016

    Tribe Says Feds Should've Looked At Water Project Again

    The Hoopa Valley Tribe pressed a California federal court on Thursday to rule that the federal government has flouted its responsibility to re-examine an irrigation project it operates even though certain standards pertaining to fish disease have been exceeded.

  • December 2, 2016

    Mazda 3 Buyers' Faulty Clutch Class Action Motors On

    A California federal judge indicated Friday she will likely refuse Mazda's bid to toss a putative class action brought by Mazda 3 buyers who allege their new cars had defective clutches, saying that while some claims need to be "beefed up," she's not inclined to nix them all.

  • December 2, 2016

    Mophie Smartphone Case Maker Hit With Battery Damage Suit

    A proposed class of Mophie Inc. customers suing the smartphone battery case maker for more than $5 million told a California federal judge on Thursday the company falsely advertises its iPhone 6 battery cases as extending battery life, saying the product actually causes internal damage to users’ phones.

  • December 2, 2016

    Calif. Atty Lays Into CFPB, Cordray In High Court Appeal

    A California lawyer accused of a home loan modification scam has asked the U.S. Supreme Court take up the U.S. Consumer Financial Protection Bureau’s wins at the district court and Ninth Circuit, arguing that the suit was just as invalid as the agency director’s recess appointment.

  • December 2, 2016

    Spokeo Points 9th Circ. To Sister Courts' Denials

    Spokeo Inc. on Thursday stepped up its bid to shut down a putative Fair Credit Reporting Act class action that the U.S. Supreme Court had sent back to the Ninth Circuit following a landmark May decision, pointing to several decisions issued by other appellate courts since the remand that have rejected similar statutory privacy claims.

  • December 2, 2016

    Tuesday Morning To Pay $750K To Settle Rest Break Suit

    A group of Tuesday Morning Inc. employees who said that the discount retailer denied them breaks, in violation of California law, asked a federal court on Thursday to approve a settlement agreement for $749,500, a fraction of the damages they originally sought.

  • December 2, 2016

    Former McDermott Tax Team Joins Venable In Los Angeles

    Venable LLP has added a four-partner team from McDermott Will & Emery LLP to its tax and wealth planning practices in Los Angeles, in step with its commitment to transform those areas into “a national powerhouse,” Venable said in a statement Thursday.

  • December 2, 2016

    Warriors Fans Fight To Keep App-Spying Suit Alive

    Golden State Warriors fans who claim they were spied on by the team's app insisted on Thursday that their suit depicts a concrete harm, even under the restrictions outlined by the Supreme Court in Spokeo.

  • December 2, 2016

    Gibson Dunn Attys Score $5M Fees After Developer's Forgery

    A California judge on Friday awarded capital management firm AEW and its Gibson Dunn attorneys $6 million in fees and costs from a Los Angeles developer the court found had forged the joint venture agreement underlying his claims against AEW.

  • December 2, 2016

    Insurance Co. Looks To Collect Deductible In Pollution Row

    Steadfast Insurance Co. on Thursday continued its quest to have a federal judge order Technichem to reimburse a $50,000 deductible after the insurer paid nearly $1.7 million to defend the company against claims over hazardous dry-cleaning materials that leaked from its California warehouse.

  • December 2, 2016

    Kennedy Wilson Closes $364M In Deals

    Real estate investment company Kennedy Wilson said Friday that it was able to refinance a significant upcoming debt obligation, sell a $96 million asset and purchase another multifamily asset for $93 million for a total of $364 million in transactions under its capital recycling program.

  • December 2, 2016

    Union Wants 9th Circ. To Trim Calif. Tribal Casino's Brief

    Unite Here International Union urged the Ninth Circuit on Thursday to cut large chunks of a California tribal casino’s brief challenging a National Labor Relations Board decision on its employment practices, saying the casino hadn’t shown the union was trying to hold back evidence that allegedly could hurt its case.

  • December 2, 2016

    Marriott Sells St. Regis SF For $175M To Qatar Fund

    Marriott International Inc. has completed the sale of the St. Regis San Francisco hotel to the Qatar Investment Authority for about $175 million, the company announced Thursday.

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

Expert Analysis

  • Hitting Pause On FLSA White Collar Changes

    Kathleen Anderson

    The eleventh-hour preliminary injunction from the Eastern District of Texas against expanded coverage under the Fair Labor Standards Act is a blow to the U.S. Department of Labor, which had estimated expanded overtime coverage to more than four million additional employees, says Kathleen Anderson of Barnes & Thornburg LLP.

  • Making 'Made in USA' Labels Great Again

    Annie Cai Larson

    What makes a product “Made in USA?” The Federal Trade Commission has a set of standards governing such claims, and has stepped up enforcement in recent years. But courts have disagreed on how to interpret the FTC's rules, and state statutes complicate the picture further, say Annie Cai Larson and Mitchell Morris of McGuireWoods LLP.

  • Judge Cries Foul On MLB Protective Netting Class Action

    Steve Cernak

    Unfortunately for the plaintiffs, because they failed to show that there was a credible or immediate threat that they would be struck by a foul ball while attending a future MLB game, the court dismissed their allegations on Article III standing grounds, and therefore avoided the thornier issues regarding the continuing applicability of the Baseball Rule to the modern sport of baseball, say Steve Cernak and Matthew Kennison of Schiff Hardin LLP.

  • Top 10 Whistleblowing And Retaliation Events Of 2016

    Steven J. Pearlman

    This year saw significant changes to the whistleblower landscape. The most impactful events signal that whistleblower-related risks are not going away and employers need to respond by implementing several practical strategies, says Steven Pearlman of Proskauer Rose LLP.

  • What Is 'Public Interest' Under California Anti-SLAPP Law?

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    Under California’s anti-SLAPP statute, a court may strike causes of action arising from defendants’ exercise of free speech rights concerning matters of "public interest." But because the statute does not define "public interest," California courts have construed it in varying ways. The California Supreme Court may soon provide guidance, say Felix Shafir and Jeremy Rosen of Horvitz & Levy LLP.

  • Energy Policy In The Trump Era: Part 1

    Christopher Carr

    President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. In the first of a two-part series, Christopher Carr and Robert Fleishman of Morrison & Foerster LLP consider the incoming administration's plans on infrastructure, natural gas, oil and coal, as well as clean and renewable energy.

  • Despite Momentum, Marijuana Remains Risky Business

    John Bessonette

    Voters in eight states legalized marijuana last month and more than one-fifth of Americans now live in states with legal recreational marijuana markets. But marijuana companies still lack adequate access to capital and financial services, say attorneys with Kramer Levin Naftalis & Frankel LLP.

  • Payala V. Wipro Offers Effective Class Litigation Strategy

    John Skousen

    The Central District of California case of Payala v. Wipro Technologies recently addressed the issue of whether the administrative exemption applies to certain information technology administrators. Plaintiff attorneys often attempt to amalgamate IT jobs into one class action, but can face significant difficulties when seeking class certification, says John Skousen of Fisher & Phillips LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • Comparing Patent Quality At The USPTO And EPO

    Colleen Chien

    In this latest article in an ongoing series on patent quality, Professor Colleen Chien of Santa Clara University School of Law and Professor Jay Kesan of University of Illinois College of Law provide a snapshot of comparative patent inputs, processes and outcomes at the European Patent Office and U.S. Patent and Trademark Office.