California

  • February 5, 2016

    GCs Name Best Of The Best Attorneys

    More than 60 lawyers have been recognized by corporate counsel for cracking the code of client satisfaction and standing out among their peers for at least two years straight.

  • February 5, 2016

    8 Firms Boast The Most Client-Savvy Attorneys

    The names of eight law firms were repeatedly on the lips of general counsel this year as they reported which attorneys stood out to them as the best of the best in client service.

  • February 5, 2016

    Judge Closes Claims In 'Appalling' Cinemark Wage Suit

    A California district judge on Thursday brought an end to wage and break time violation claims brought by Cinemark USA Inc. workers against the movie theater chain in a case he had recently found “appalling” to still be alive.

  • February 5, 2016

    Jailed Atty Can't Block Calif.'s Bid For Fraud Suit Costs

    A California judge found Friday that the Golden State was the prevailing party in a mortgage fraud suit against numerous law firms and is therefore entitled to pursue costs, overruling objections from the sole remaining defendant — an attorney jailed in Florida on unrelated stock fraud charges.

  • February 5, 2016

    Default Issued Against Law Firm In Immigrant Investor Suit

    A California federal court entered a default judgment Friday against an a law firm targeted in a fraud lawsuit by a Chinese national who claims she was improperly persuaded to invest $500,000 with a promise of securing an immigrant visa and has been unable to recoup all of her money.

  • February 5, 2016

    Autograph Dealers Say Cartel Claims Are Viable

    Two memorabilia dealers on Friday said a California federal judge should not dismiss their antitrust suits over an alleged cartel in the autographed sports and entertainment collectibles market, arguing that they have adequately alleged a conspiracy to withhold autograph authentication from rivals’ goods.

  • February 5, 2016

    Iams' Parent Co. Dumps Suit Over Cat Food 'Slave Labor'

    The Iams Co. is off the hook in a proposed consumer class action over whether the company hid that the fish in its cat food was caught by slaves in Thailand, according to a California federal judge who found businesses don’t have to tell customers about their labor practices on labels.

  • February 5, 2016

    UnitedHealth Accused Of Deceiving Court In Lap-Band Suit

    An ex-physician being sued by UnitedHealth as part of larger litigation over whether the insurer must pay for certain weight-loss surgeries under employee health plans told a California federal court Friday that the insurer committed fraud on the court when it opposed his attempt to disqualify the judge.

  • February 5, 2016

    Ex-Tribal Leaders Rip 'Straw Man' Claims In Embezzlement Suit

    Four former leaders of the Paskenta Band of Nomlaki Indians urged a California federal judge Thursday to keep alive their claims that the tribe’s chairman and his purported allies knew of and shared fault for the ex-leaders’ alleged embezzlement, saying they advanced “straw-man” arguments to evade responsibility.

  • February 5, 2016

    Feds Say High Court Ruling Sinks Calif. Tribe's Land Claims

    The federal government asked the Ninth Circuit on Friday to reject a California tribe’s claim that the U.S. illegally terminated its land holdings more than 50 years ago, saying a recent Supreme Court decision set a high bar that the Mishewal Wappo Tribe’s belated claim didn’t clear.

  • February 5, 2016

    Uber Tells 9th Circ. Arbitration Orders Violate Free Speech

    Uber on Thursday pushed the Ninth Circuit to ax rulings in underlying California litigation with drivers halting the ride-hailing company’s presentation of contested arbitration agreements to prospective drivers, arguing the injunction is a violation of its First Amendment right to free speech.

  • February 5, 2016

    Objector Says Class Counsel 'Piggybacked' In CRT MDL Deal

    Indirect purchaser objectors to a $577 million settlement in multidistrict litigation alleging price-fixing by cathode ray tube manufacturers have said they were not adequately represented and argued class counsel don't deserve $192 million in attorneys' fees because they "piggybacked" on the results of criminal antitrust enforcements from the U.S. and Europe.

  • February 5, 2016

    Sheppard Mullin Hit With Suit Over Tech Co. 'Fraud Artist'

    A technology company lobbed a negligence suit at Sheppard Mullin Richter & Hampton LLP on Thursday in California state court accusing the firm of helping its “fraud artist” former CEO set up sham entities for his own enrichment.

  • February 5, 2016

    Chipotle Wraps Up GMO Ingredient False Ad Suit

    Chipotle dodged a proposed class action claiming the fast food chain falsely advertised its menu as free of genetically modified ingredients, claims a California federal judge said on Friday weren't specific and didn't hold to a consistent definition of “GMO”.

  • February 5, 2016

    Ex-Smoker Says Jury Should Decide Lung Cancer Suit

    An ex-smoker who claims that cigarettes made by Philip Morris USA Inc. and others caused her lung cancer on Thursday slammed the company’s bid to have a California federal judge end her trial early, saying that she has raised enough evidence to at least let the jury decide.

  • February 5, 2016

    DHS Widens Trafficking Awareness Efforts Ahead Of Big Game

    The U.S. Department of Homeland Security on Thursday said it will work with a hospitality group and a regional rail line in the San Francisco area to help spread awareness about human trafficking ahead of the Super Bowl, an event known to attract criminals involved with the activities.

  • February 5, 2016

    Background Check Co. Hit With FCRA Class Action

    Background check company Accurate Background Inc. was hit with a proposed class action in California federal court Thursday alleging the company performed consumer background checks for employment purposes in violation of federal consumer protection law.

  • February 5, 2016

    'Healthy' Coconut Oil Maker Hit With Calif. Labeling Suit

    A shopper has launched a proposed class action against a company that touts its coconut oil as “healthy” in California state court, claiming the company misleads consumers into thinking the product is good for them when it is almost entirely made up of saturated fat.

  • February 5, 2016

    Gibson Dunn Slapped With Age Discrimination Lawsuit

    Two former Gibson Dunn billing specialists on Thursday alleged that the firm maintains a hostile work environment for older workers in its billing department, effectively pushing them out so it can hire younger and less expensive replacements, according to a filing in California state court.

  • February 5, 2016

    Gov. Should Share Work Site's Cleanup Cost, 9th Circ. Told

    TDY Industries Inc. said Thursday the government should help pay environmental cleanup costs at a San Diego site where the defense contractor produced equipment for the military for several decades, asking the Ninth Circuit to overturn a trial court ruling that the government did not bear cleanup responsibility.

Expert Analysis

  • Man Vs. Machine: The New Era Of Self-Driven Cars

    Kimberly L. Wald

    Although self-driven cars are a very new development, many different companies, like Google, Tesla and Nissan are scrambling to develop a foothold in this arena. Self-driving cars have already raised a host of legal issues, and states are already introducing new legislation to try and keep up with the fast pace of progress, says Kimberly Wald at Kelley Uustal PLC.

  • Stage Is Set For Huge Stadium Naming Rights Deal In Calif.

    Zak Welsh

    Along with the obvious economic boon to the NFL and the Rams franchise, the team’s relocation to Los Angeles and the development of a new stadium present an intriguing opportunity for a company or brand to purchase naming and advertising rights to the facility. The deal will likely far surpass the value of any of its predecessors, says Zak Welsh of Sheppard Mullin Richter & Hampton LLP.

  • Proportionality Ruling Raises Concerns About Rule 26 Change

    Henry J. Kelston

    During the drafting process leading to the recent Federal Rules amendments, some participants expressed concern that the relocation of the proportionality provisions might be interpreted as placing a burden on the requesting party to demonstrate the proportionality of the discovery it seeks. A California federal court's recent decision in Gilead v. Merck indicates that these concerns may indeed come to fruition, says Henry Kelston of Milberg LLP.

  • Restrictive Covenants: The Law In Flux

    Nicholas J. Boyle

    The rules for testing the legality of restrictive covenants vary greatly among states, and recent decisions from several courts illustrate the point, both with respect to the framework for considering such covenants, and specifically regarding the reformation of overbroad covenants. As a result, employers should be wary of boilerplate contract language that has been successful in the past, say attorneys at Williams & Connolly LLP.

  • California Supreme Court In 2015: A Year In Transition

    Kirk C. Jenkins

    One year after the appointment of two new justices, the statistical evidence for any marked shift at the California Supreme Court is decidedly mixed, says Kirk Jenkins of Sedgwick LLP.

  • Using Anti-Suit Injunction To Enforce Arbitration Agreements

    Martin F. Gusy

    Varying approaches to anti-suit injunctions in the U.S. circuit courts — namely the liberal approach adopted in the Ninth and the more moderate approach adopted in the Second — reflect differing evaluations of comity in deciding whether to enjoin a foreign proceeding in favor of a concurrent, related arbitration or litigation. Two recent U.S. district court cases illuminate these methods, say Martin Gusy and Matthew Weldon of Cozen O’Connor.

  • The High Court's Debate Over 'Fair Share' Union Fees

    Brian E. Hayes

    The issues in Friedrichs v. California Teachers Association mesh constitutional principles with matters of public policy and pure politics. While many factors are at play, a decision overturning the U.S. Supreme Court’s precedent would likely usher in a pattern of decline in union revenues and require a reliance on voluntary membership, says Ogletree Deakins shareholder and former National Labor Relations Board member Brian Hayes.

  • CPUC Net Metering Decision Is Good News For Clean Energy

    Sheridan J. Pauker

    While the California Public Utilities Commission's approval of a new tariff structure for future net energy metering customers will impose certain fees and increase monthly ratepayer charges, it has been strongly praised by the clean energy industry as largely preserving the economics of a customer's decision whether to install distributed energy resources, say attorneys at Wilson Sonsini Goodrich & Rosati.

  • When Valuations Go South For Unicorns, Other Startups

    Priya Cherian Huskins

    Those of us who have been in Silicon Valley long enough see the signs for an upcoming rash of down-round financings for some private companies, unicorns or otherwise, and many investors may decide to sell a company before all of its “inflated” value has drained. Situations like this call to mind the 2013 Trados decision — which gives insight into a board’s fiduciary duties, says Priya Cherian Huskins of Woodruff-Sawyer & Co.

  • Why Colleges Are Likely To Face More Title IX Lawsuits

    Daniel A. Kaufman

    A California federal court recently recognized sexual orientation discrimination as a cause of action under Title IX. While educational institutions have faced similar claims from the Office for Civil Rights in administrative proceedings, the ruling is significant because it increases the likelihood that such entities will face lawsuits alleging Title IX claims and seeking monetary damages, say attorneys at Michael Best & Friedrich LLP.