• October 24, 2014

    JPMorgan Derivative Suit Over RMBS Practices Gets Quashed

    A California federal judge on Thursday dismissed a shareholder derivative lawsuit against the top brass at JPMorgan Chase & Co. over the bank’s residential mortgage-backed securities business that led to a $13 billion settlement with the government, saying the plaintiffs haven’t properly pled claims of false statements and self-dealing.

  • October 24, 2014

    Verinata's Fetal Test Patent Survives AIA Review On All Claims

    The Patent Trial and Appeal Board ruled Thursday that Ariosa Diagnostics Inc. hadn’t shown that Verinata Health Inc.’s “fetal abnormality” detection patent was invalid due to obviousness, marking a rare instance in which all of a patent’s challenged claims survived the scrutiny of an America Invents Act review.

  • October 24, 2014

    US Can Prove Banker Conspired To Cheat IRS, Judge Says

    A California federal judge on Friday allowed prosecutors to admit out-of-court statements made by coworkers of a California banker accused of helping Americans hide money from the Internal Revenue Service in an Israeli bank, saying prosecutors met a threshold showing they could prove a conspiracy existed.

  • October 24, 2014

    BMI Defeats Sly Stone Manager's Royalty Contract Claims

    A California judge on Friday rejected funk legend Sly Stone's former manager's bid to revive claims that Broadcast Music Inc. breached a royalty agreement by paying $1 million to “impostors” posing as the manager, upholding a jury's finding that BMI had no agreement with the manager.

  • October 24, 2014

    Market Rumors: Roku, Hella, Airbnb

    Media streaming company Roku has reached out to investment banks about plans to confidentially file for a U.S. initial public offering, while German automotive supplier Hella is eyeing a $5 billion IPO in Frankfurt later this year despite recent market conditions.

  • October 24, 2014

    Nature's Bounty Duped Elderly Into Buying Gingko Biloba: Suit

    Supplement company Nature’s Bounty Inc. was hit with a proposed class action in California state court Wednesday, accusing the company of exaggerating the memory boosting effects of its ginkgo biloba supplements when there’s zero scientific evidence they improve brain function.

  • October 24, 2014

    Google Pays $585M For Several Silicon Valley Buildings

    Google Inc. has purchased several buildings at the Pacific Shores Center in Redwood City, California, from The Blackstone Group LP and Starwood Capital Group LLC for $585 million, according to a regulatory filing and spokespersons from two of the companies.

  • October 24, 2014

    RE Rumor Mill: Google, Hines, Keller Williams

    Google Inc. is said to have bought a $585 million portfolio of Silicon Valley-area office buildings, while a Hines joint venture in Italy is reportedly raising $380 million to renovate two Venice hotels and Keller Williams NYC is said to have scooped up a brokerage boutique with a hefty Manhattan rental building portfolio.

  • October 24, 2014

    Regal Theaters Escapes First-Run Films Antitrust Suit

    A California federal judge on Thursday tossed an independent movie chain’s antitrust suit accusing Regal Entertainment Group of using its market dominance to coerce film distributors into granting it exclusive film licenses, ruling the complaint was too vague to survive.

  • October 24, 2014

    Dispute Over 'Boardwalk Empire' Song Rights Settled

    A California federal judge on Thursday approved an undisclosed settlement between the founder of the band Brian Jonestown Massacre and a former guitar player in a spat over who owns the copyright to several of the band’s songs, including one used in the “Boardwalk Empire” credits.

  • October 24, 2014

    Eli Lilly Gets AIA Reviews Of Institute's Fibrosis Patent

    The U.S. Patent and Trademark Office’s patent trial board on Thursday granted Eli Lilly Co.’s requests for inter partes reviews of a fibrosis treatment patent owned by a California-based research institute, which had claimed infringement based on the blockbuster drug Cialis, citing both obvious and anticipation grounds.

  • October 24, 2014

    Calif. Appeals Court Revives Farmers 'Good Driver' Suit

    A California appeals court on Thursday revived a class action claiming Farmers Insurance Exchange violated unfair competition law by providing “good driver discounts” to eligible drivers, finding a lower court incorrectly interpreted an earlier remand to mean it could only consider dismissal instead of additional evidence.

  • October 24, 2014

    Coherus Seeks IPO Raising $108.6M To Fund New Drugs

    Coherus BioSciences Inc., a California biotech developing drugs patterned after existing blockbusters about to come off patent, will seek up to $108.6 million in an initial public offering designed to speed development of its pipeline, the company told regulators Friday.

  • October 23, 2014

    Sierra Railroad Nets Another $13M In Trade Secrets Case

    A California federal judge has awarded Sierra Railroad Co. an additional $13.1 million in punitive damages for Patriot Rail Company LLC's willful misappropriation of the company's trade secrets during failed merger discussions, bringing Sierra's total award in the case to $52.8 million, according to a Thursday opinion. 

  • October 23, 2014

    Health Software Co. Escapes Class Claim Via 'Safe Harbor'

    A California federal judge this week tossed a shareholder class action against a health records software provider and its high-ranking directors and officers after finding that their optimistic projections about the future of electronic medical records fell under the safe harbor provision of the Private Securities Litigation Reform Act.

  • October 23, 2014

    Glaser Weil Slams ‘Bizarre’ $28M Malpractice Bid As ‘Vendetta’

    Glaser Weil Fink Howard Avchen & Shapiro LLP urged a California appellate panel Thursday to end a $27.5 million malpractice suit brought by owners of San Diego's Seaport Village, saying a longtime courtroom adversary recently gained control of the tourist spot and filed the “bizarre” lawsuit as part of a “vendetta.”

  • October 23, 2014

    Firm Must Show Cash Trail In Client’s $6M Facebook Scam

    Miller Barondess LLP must hand over documents showing the source of $5.8 million that an alleged con artist client deposited with the firm as part of a bogus deal to buy pre-IPO shares of Facebook, a California judge ruled Thursday, saying the "sly" client used the firm in his scheme.

  • October 23, 2014

    Molasses Supplier Stuck In $2M Licorice Recall Suit

    A California federal judge Wednesday refused to let a molasses supplier duck American Licorice Co.'s $2 million suit over a shipment allegedly tainted with lead, saying the candy maker had shown sufficient evidence that the supplier's 45-day notice provision in its sales contract was unreasonable.

  • October 23, 2014

    Judge Koh Agrees To Take On Oracle Anti-Poaching Suit

    U.S. District Judge Lucy H. Koh agreed Wednesday to take on a proposed class action accusing Oracle Corp. of conspiring to suppress employee pay by entering an anti-poaching agreement with Google Inc., finding the new suit was related to an ongoing case about similar recruitment agreements.

  • October 23, 2014

    San Bernardino Creditors Demand Deadline For Ch. 9 Plan

    A bank and an insurer urged the judge handling San Bernardino, California’s two-year-old bankruptcy case on Wednesday to fix a March 1 deadline for the city to submit a Chapter 9 exit plan, saying that a firm timeline will pressure recalcitrant unions into accepting benefit cuts.

Expert Analysis

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • New Calif. Data Breach Rules Bring Obligations And Debate

    Ellen Giblin

    The new law regarding the California breach notification requirement related to identity theft prevention and mitigation services has already spurred debate on two issues, say attorneys with Edwards Wildman Palmer LLC.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Putting Calif.'s $1.4B Fine Against PG&E In Perspective

    Michael C. Dotten

    What constitutes an excessive fine has been articulated by the U.S. Supreme Court as a proportionality test, and, as Pacific Gas & Electric Co. argued in its brief before the California Public Utilities Commission, courts sometimes measure excessiveness in penalties by reference to fines levied in other, like circumstances, says Michael Dotten of Marten Law PLLC.

  • The Latest On Preliminary Injunctions In Trademark Cases

    Richard Kirkpatrick

    For many years, preliminary injunctions have long been the standard remedy of choice to challenge and stop trademark infringements at an early stage, but that long tradition may be in for a big change, says Richard Kirkpatrick of Pillsbury Winthrop Shaw Pittman LLP.

  • Work Plan Signals Expanded Calif. Green Chemistry Program

    Joshua A. Bloom

    California's Safer Consumer Products Regulation will be closely watched given the potential for its broad application — indeed, following its enactment, Congress attempted to develop nationwide green chemistry initiatives, say Joshua Bloom and Christopher Jensen of Barg Coffin Lewis & Trapp LLP.

  • Calif. Case Opens Door To Property Transfer Tax Rise

    Thomas S. Wisialowski

    A significant number of transactions that we normally would not have expected to trigger real property documentary transfer tax in most California cities and counties may now do so thanks to a ruling in 926 North Ardmore Avenue LLC v. County of Los Angeles, say Thomas Wisialowski and Sarah-Jane Hornbeek of Paul Hastings LLP.

  • 9th Circ. Closes More Doors On ACA Challenges

    Michael W. Lieberman

    The Ninth Circuit's recent ruling in Coons v. Lew serves as a warning to would-be plaintiffs that challenges to the Affordable Care Act's individual mandate based on contrary state laws or the right to medical autonomy are likely to fail, say Mike Lieberman and Harsh Parikh of Crowell & Moring LLP.

  • OPINION: Don't Mess With... Arizona?

    Michael Li

    Fifty years ago, Justice Felix Frankfurter cautioned courts about getting mired in the “political thicket” of redistricting. In agreeing to hear Arizona State Legislature v. Arizona Independent Redistricting Commission, the U.S. Supreme Court could be about to take a big step further into that thicket, says Michael Li, counsel at the Brennan Center for Justice, NYU School of Law.

  • Tug-Of-War: Attorney-Client Privilege Vs. Deposition

    There is an inherent tension between the process of preparing a corporate representative to testify and the protections usually afforded by attorney-client privilege. Judicial decisions addressing these tensions are limited and, as of yet, the Federal Circuit Courts of Appeals do not appear to have weighed in on these issues in any meaningful way, say Vanessa Miller and Nicholas Ellis of Foley & Lardner LLP.