• August 18, 2017

    DirecTV Didn't Test Effect Of Ad Disclosures, Exec Says

    DirecTV’s former marketing director testified in a bench trial Friday that the satellite TV provider didn't test the effectiveness of disclosures included in ads that are at the center of the Federal Trade Commission’s $3.95 billion suit alleging its marketing practices misled consumers.

  • August 18, 2017

    Jelly Belly Gets 'Cane Juice' Class Action Trimmed

    A California federal judge on Friday trimmed nonmonetary claims from a proposed class action suit alleging Jelly Belly Candy Co. misleadingly referred to sugar in some products as "evaporated cane juice," finding the only injury the lead plaintiff had alleged was that she lost money.

  • August 18, 2017

    9th Circ. Partially Revives Securities Suit Against Atossa

    A Ninth Circuit panel on Friday revived some of the claims in a securities fraud class action against Atossa Genetics Inc. after finding that the investors behind the suit had properly alleged some public statements by the breast health device maker and its CEO were materially false or misleading.

  • August 18, 2017

    Gardere Guides 3 Major Matters For REIT Ashford Hospitality

    Ashford Hospitality Trust recently completed a trio of high-profile deals — a buy, a sale and a refinancing — and Gardere Wynne Sewell LLP helped the real estate investment trust navigate a complex set of zoning, ground lease, condominium and timing issues in guiding the deals to the finish line.

  • August 18, 2017

    On 'Blurred Lines' And 'Stairway,' What Can Jurors Hear?

    Two closely watched copyright cases over the songs “Blurred Lines” and “Stairway to Heaven,” both set for rulings next year by the Ninth Circuit, are quietly linked by a common question: What music can jurors actually hear?

  • August 18, 2017

    Genentech Beats IP Suit Over Breast Cancer Drug Patent

    A California federal judge on Thursday tossed Phigenix Inc.’s patent infringement suit against Genentech Inc. over a breast cancer drug, finding no evidence that Genentech encouraged health care professionals to administer Kadcycla to a narrow subclass of patients or even knew they existed.

  • August 18, 2017

    Calif. Logging Project Exempt From NEPA Review, Judge Says

    A California federal judge has ruled that environmentalists can’t block a U.S. Forest Service-approved logging operation they say harms critical California spotted owl habitat in the state’s Tahoe National Forest because the 5.3-million-acre area was exempt from National Environmental Policy Act review.

  • August 18, 2017

    Nooksack Officials Ask 9th Circ. To Nix Members' RICO Suit

    Nooksack Tribal Chairman Robert Kelly Jr. and other officials urged the Ninth Circuit on Thursday to toss a lawsuit in which a group of tribe members allege that the officials flouted the Racketeer Influenced and Corrupt Organizations Act by conspiring to strip the members of their enrollment.

  • August 18, 2017

    Uber Can’t Use Ex-Exec’s Doc Theft Admission At Waymo Trial

    After receiving a flurry of letters from all sides, U.S. District Judge William Alsup on Friday upheld a finding that attorney-client privilege blocked testimony alleging former Uber self-driving car head Anthony Levandowski admitted to an Uber attorney he’d stolen documents from his previous employer, Waymo.

  • August 18, 2017

    Relativity CEO Conned Him Out Of $2M, Investor Claims

    A hedge fund investor sued Relativity Media CEO Ryan Kavanaugh in California court Thursday, claiming the studio founder went to “unscrupulous lengths” to get him to loan $2 million to the company just before it went bankrupt, using his prior $10 million investment as leverage.

  • August 18, 2017

    Clark Hill Says It Couldn't Foresee Conflict In VW Appeal

    Clark Hill LLP has requested to withdraw as counsel for consumers from a Ninth Circuit case against Volkswagen, saying it unexpectedly inherited the case after a recent merger and had an obvious conflict as it also represents Volkswagen in other matters.

  • August 18, 2017

    Barnes & Thornburg Adds Transactional Pro As Partner In LA

    Barnes & Thornburg LLP has added the former head of the corporate and real estate department at Enenstein Ribakoff LaViña & Pham APC to its real estate practice in Los Angeles, bringing on an attorney with more than 25 years of experience in transactional law.

  • August 18, 2017

    Default Judgment Granted In Cupcake Sushi Patent Suit

    A California federal court handed Cupcake Sushi LLC a win Friday in its patent suit against Sushi Sweets, which claims that the “unique confectionary dessert cake” maker’s rival failed to meet a deadline for pleading its side of the case accusing a pastry chef of running off with Cupcake Sushi's trade secrets.

  • August 18, 2017

    Feds, Tribe Ask 9th Circ. To Affirm Nix Of Casino Challenge

    The federal government and the Enterprise Rancheria told the Ninth Circuit that it should affirm a district court's rejection of a challenge to its casino brought by another tribe, saying that they had complied with all of the relevant environmental and socioeconomic reviews.

  • August 18, 2017

    Drugmaker Moves To Stop Natal Vitamin Reclassification

    A drugmaker hit a pharmaceutical information provider with a lawsuit in California federal court on Thursday, alleging that its upcoming decision to designate prenatal vitamins as nonprescription is a deceptive change that will devastate its business and deny poor pregnant women the nutrients that prevent birth defects.

  • August 17, 2017

    Calif. Judge Publicly Censured Over Rude Comments

    A California judge was publicly censured but will remain on the bench after the state’s Commission on Judicial Performance found Thursday that he engaged in judicial misconduct 29 times, including repeatedly commenting on the race or ethnicity of employees, attorneys and defendants in his court.

  • August 17, 2017

    BofA To Shell Out Over $6M To Evicted Bankrupt Couple

    A family whose foreclosure proceedings with Bank of America spiraled into “a Kafakaesque nightmare” of ominous stalkers, stress-induced heart attacks and even suicide attempts has reached a tentative settlement with the bank in California bankruptcy court that would net them more than $6 million and finally end the bizarre episode.

  • August 17, 2017

    Grammar May Send AbbVie-Novartis IP Row To Arbitration

    A California federal judge said Thursday he was likely to send AbbVie Inc.’s suit seeking to nix Novartis’ hepatitis C patents to arbitration, saying a licensing agreement between the companies was grammatically vague about where invalidity arguments should be decided, and so he would follow a “general rule” of favoring arbitration.

  • August 17, 2017

    Apple Says Drivers, Not Phones, Cause Texting Crashes

    Apple urged a California state judge Thursday to toss a proposed class action alleging it puts profits over public safety by not installing lockout devices on iPhones that prevent texting while driving, saying courts have consistently held that distracted drivers are responsible for accidents, not phone manufacturers.

  • August 17, 2017

    Parts Supplier Ducks Claims It Infringed Parking Meter IP

    A Milwaukee-based electronic parts supplier on Wednesday ducked allegations in California federal court that it infringed the asserted claims of a patent covering a parking meter held by telecommunications equipment company IPS Group Inc.

Expert Analysis

  • CERCLA’s Jurisdictional Bar To Medical Monitoring Claims

    Thomas Manakides

    Medical monitoring claims against the U.S. Navy have recently foundered on the shoals of the Comprehensive Environmental Response, Compensation, and Liability Act’s jurisdictional rules. If affirmed, Giovanni v. U.S. Department of the Navy, a case currently pending appeal to the Third Circuit, will set the Third Circuit on course to split with the Ninth Circuit, say Thomas Manakides and Alexander Swanson of Gibson Dunn & Crutcher LLP.

  • Protecting The Privacy Of Privileged Internal Investigations

    Donna Fisher

    Despite the fact-dependent nature of privilege, complicated by the diversity of approaches across jurisdictions, corporations can take effective measures to best protect confidential attorney-client communications and attorney work product relating to internal investigations, say attorneys with Pepper Hamilton LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Opinion

    It’s Time To Fix FIFRA Preemption

    Lawrence Ebner

    Pesticides, like drugs and other products whose safe use is heavily regulated by the federal government, simply should not be subject to the whims of local government officials. The Federal Insecticide, Fungicide and Rodenticide Act is long overdue for an amendment that would expressly and unequivocally preempt all local regulation of pesticide sale and use, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Waffle House Arbitration Ruling May Reach Past 11th Circ.

    Neal Ross Marder

    The impact of the Eleventh Circuit's recent decision in Jones v. Waffle House may be far-reaching, as it has significantly widened the circuit split over the "wholly groundless" exception to arbitrability clauses, and has added persuasive authority that could sway undecided circuits to join in rejecting that exception, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • DTSA Developments Raise Inadvertent Disclosure Questions

    Victoria Bruno

    In Fres-co Systems v. Hawkins, the Third Circuit recently applied what appears to be the inevitable disclosure doctrine. The opinion did not distinguish between the plaintiff’s claims under the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, so the mere threat of misappropriation may be sufficient under both statutes to warrant granting a preliminary injunction, say attorneys with Womble Carlyle Sandridge & Rice LLP.

  • Opioid Litigation: What’s On The Horizon

    David Schwartz

    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • A Closer Look At EPA's Approach To CPP Rollback

    Paul Tanaka

    While the U.S. Environmental Protection Agency has taken steps toward withdrawing the Clean Power Plan, the question remains whether and how the EPA will regulate carbon dioxide emissions from power plants in its place. Attorneys with Kirkland & Ellis LLP discuss various options and their potential impact.

  • How To Get A Survey In A Patent Case Kicked Before Trial

    Brooke Myers Wallace

    The Northern District of California, in Unwired Planet v. Apple, recently excluded a survey for failing to accurately target the patented invention. The case underscores an effective, though perhaps overlooked, way to attack the use of surveys in patent damages opinions, says Brooke Myers Wallace of Gibson Dunn & Crutcher LLP.