California

  • July 25, 2016

    GoPro Snags Rare Early Dismissal Of Calif. Investor Suit

    A California state court has granted a rare dismissal of shareholder claims against GoPro Inc., tossing allegations the camera maker and its executives sought to mislead investors in its 2014 initial public offering.

  • July 25, 2016

    Feds Ask 9th Circ. To Rethink Navajo's Suit Over Remains

    The federal government on Friday asked the Ninth Circuit to rethink its decision that revived the Navajo Nation’s suit seeking the return of human remains and funerary objects taken from its reservation by the National Park Service.

  • July 25, 2016

    Acacia Blocks Deposition Of GC In Secret Patent Deal Row

    A California judge on Monday granted patent holding company Acacia Research Group's bid to stop Prophet Productions from deposing Acacia's general counsel in its suit alleging Acacia secretly licensed Prophet's patents to Microsoft and others, ruling the information at issue would be shielded by attorney-client privilege.

  • July 25, 2016

    CytRx Hit With Investor Suit Related To FDA Hold On Drug

    CytRx Corp. was hit with a proposed securities class action Monday in California federal court by investors who say the biopharmaceutical company concealed bad news affecting the company’s business arising from a U.S. Food and Drug Administration hold on its cancer trial drug, aldoxorubicin.

  • July 25, 2016

    Nvidia Settles Consumer Suit Over Graphics Card Performance

    Nvidia Corp. agreed to settle a group of proposed consumer class actions alleging the company misled buyers of a graphics card about performance and storage capabilities, agreeing to pay $30 to each buyer and $1.3 million in attorneys’ fees, according to a California court filing Monday.

  • July 25, 2016

    HBO Sacks Allegations It Stole Idea For “Ballers”

    A California federal judge blocked a suit claiming HBO, Dwayne “The Rock” Johnson and Mark Wahlberg stole the idea for a show on the rakish lives of football players from two screenwriters’ 2007 pitch, ruling Monday that despite similarities the “themes and concerns are widely different.”

  • July 25, 2016

    Judge OKs $31K In Attorneys' Fees In Calif. EB-5 Case

    A California federal judge has granted a visa-seeking Chinese woman nearly $32,000 in attorneys' fees in a dispute stemming from her EB-5 petition, cutting the requested amount by almost a third. 

  • July 25, 2016

    Merck Urges 9th Circ. To Reject Diabetes Drug Warning Claims

    Merck and other drugmakers have urged the Ninth Circuit to uphold the toss of state-law claims that the companies failed to warn patients of pancreas problems from Type 2 diabetes drugs, saying the U.S. Food and Drug Administration would have rejected such warnings.

  • July 25, 2016

    Zeppelin Win In 'Stairway' Rip Off Trial Appealed to 9th Circ.

    The estate that unsuccessfully accused Led Zeppelin of stealing the famed opening riff of their 1971 megahit “Stairway to Heaven” has announced its intention to appeal to the Ninth Circuit the California federal jury’s decision in the high-profile trial that concluded late last month.

  • July 25, 2016

    Casino Foes Say 9th Circ. Wrongly Set Aside Enviro Law

    Opponents of a proposed casino near San Diego asked the Ninth Circuit on Sunday to rehear a June decision holding that the National Indian Gaming Commission wasn’t required to conduct an environmental review before granting project approvals, arguing the panel found a statutory conflict where none existed.

  • July 25, 2016

    El Pollo Loco Secures Toss Of Calif. Investor Suit

    A California federal judge on Monday tossed a proposed shareholder class action alleging key executives of El Pollo Loco Holdings Inc. knowingly made misleading statements that inflated the Tex-Mex restaurant chain's stock, saying investors hadn’t shown any false comments.

  • July 25, 2016

    NCAA Says O'Bannon Not Really Against Its High Court Bid

    The NCAA recently urged the U.S. Supreme Court to take up its challenge of the Ninth Circuit’s finding that the organization's rules prohibiting student-athletes from being paid are anti-competitive, saying that despite their opposition brief, the athletes actually favor part of the association's petition for review.

  • July 25, 2016

    Lenovo Users Request Class Cert. In Adware Suit

    Lenovo users in multidistrict litigation accusing the computer manufacturer of secretly installing adware on their devices asked a California federal judge Friday to certify a class, saying a class action is the only way for the hundreds of thousands of consumers who purchased the affected laptops to get relief.

  • July 25, 2016

    Midland Credit Reaches $20.5M TCPA Deal With Consumers

    Midland Credit Management Inc. and several related companies have agreed to a settlement worth about $20.5 million in multidistrict litigation accusing the debt collector of using robocalls to reach debtors, according to papers filed Friday in California federal court.

  • July 25, 2016

    9th Circ. Rules Former Ski Club Owner Owes $286M

    The Ninth Circuit found Friday that a Montana bankruptcy court had erred in rejecting claims that the founder of the bankrupt Yellowstone Mountain Club LLC owes $286 million in fraudulently transferred funds.

  • July 25, 2016

    FWS Wants Claims Trimmed In Modified-Salmon Dispute

    The U.S. pressed a California federal judge Monday to dismiss part of a lawsuit over its approval of a project to farm genetically engineered salmon, saying a letter written by the Fish and Wildlife Service wasn’t actual “agency action” for legal purposes.

  • July 25, 2016

    Device Cos. Decry DOJ 'Smears' Amid Fraud Inquiry

    Medical device companies have asked a California federal court to dismiss or unfreeze False Claims Act litigation brought by the U.S. Department of Justice over alleged kickback violations, arguing it is unfairly delaying the case and waging a one-sided “smear” campaign.

  • July 25, 2016

    Ironshore Can't Escape 23andMe Test Accuracy Coverage Spat

    A California federal judge on Friday ruled that Ironshore Specialty Insurance Co. can't lean on a contractual liability exclusion to bar genetic testing company 23andMe Inc.'s request for coverage of proposed class claims that its tests are inaccurate, but found that the insurer doesn't have to cover the company's costs to respond to a probe by Washington state.

  • July 25, 2016

    Fantex Closes $59M Placement Of Athlete Tracking Stock

    Fantex Inc. said Monday that it has completed a $59.3 million private placement of shares linked to the earnings of 20 professional athletes, after scrapping its plans for an initial public offering of the units on the Nasdaq Capital Market.

  • July 25, 2016

    RadioShack Employees Want Prebankruptcy Vacation Wages

    California Radio Shack workers said Friday in a putative class action that the company and its successor General Wireless are tuning out their requests for payment for vested vacation time, according to a complaint filed in the century-old retailer's Delaware bankruptcy case.

Expert Analysis

  • EPA Wants More Control Over State-Issued Discharge Permits

    Ronda L. Sandquist

    Proposed changes to the U.S. Environmental Protection Agency's National Pollutant Discharge Permit System would make minor revisions to program definitions and the contents of permit fact sheets, and major revisions that will expand the EPA’s ability to object to permits administratively continued by a state program, say attorneys at Brownstein Hyatt Farber Schreck LLP.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Feeding The Future World: The Israel Outlook

    Meital Stavinsky

    While improvements to the global availability of and access to food are expected in the coming years, many countries will continue to struggle. A further robust collaboration between the U.S. and Israel would both help expand the innovative food and agricultural industry growth in the U.S., and may offer an answer to the looming global food crisis, says Meital Stavinsky at Greenberg Traurig LLP.

  • Retaliatory Lawsuit Could Set Ominous Mass Tort Precedent

    Christine R.M. Kain

    It would be unreasonable and unjustified for a defendant, or its counsel, to face retaliatory litigation simply for attempting to exercise removal rights to federal court. Nonetheless, that’s exactly what's happening in an ongoing mass tort case in West Virginia, say Christine Kain and Kevin Morrow at Faegre Baker Daniels LLP.

  • Workplace Video Monitoring: What Employers Need To Know

    Barbara E. Hoey

    Given the availability and effectiveness of inexpensive video equipment, many companies use video to monitor their entire operations for safety, security and quality control. But video surveillance can have unintended consequences well beyond its intended purpose, say Mark Konkel and Barbara Hoey at Kelley Drye & Warren LLP.

  • The Flaw In DTSA’S Civil Seizure Provision

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    Other than serving as a trap for the unwary and giving defense lawyers a shiny new weapon in their arsenal, does the Defend Trade Secret Act's civil seizure provision serve any useful purpose at all? asks Arash Beral of Freeman Freeman & Smiley LLP.

  • OPINION: It's Time To Radically Rethink Immigration Reform

    John W. Lawit

    The antiquated Immigration and Nationality Act of 1952 has outlived its usefulness. It is time for a completely new law, based not on conditions from more than 60 years ago, but rather focused on the nation’s needs going forward into the 21st century, says John Lawit of John W. Lawit LLC.

  • A State-By-State Guide To Driverless Car Regulations

    Michael W. Reynolds

    In the absence of federal regulation, only nine states and the District of Columbia have passed laws addressing autonomous vehicles, leaving the other states to wrestle with the complexity and uncertainty of interpreting existing state laws, which presume human drivers, to permit the operation of AVs, say Michael Reynolds and Jason Orr at O'Melveny & Myers LLP.

  • How States Are Reacting To EPA's CAA Mandate

    Allison B. Rumsey

    States' responses to the U.S. Environmental Protection Agency’s action calling for revision of their Clean Air Act implementation plans suggest that while they are working to comply with the EPA mandate, at the same time many are attempting to build in some flexibility where there are excess emissions as a result of startup, shutdown or malfunction, say Allison Rumsey and Erika Norman at Arnold & Porter LLP.

  • How Law Firms Can Create Next-Generation Office Spaces

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    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.