• November 20, 2017

    Tribal Lenders Take CFPB Investigation Fight To High Court

    Two tribal lending companies pressed the U.S. Supreme Court on Friday to hear their challenge to a Ninth Circuit ruling that they must comply with a Consumer Financial Protection Bureau investigation, saying the high court should resolve a circuit split around when generally applicable federal laws apply to tribes.

  • November 20, 2017

    Uber Slams Waymo's Bid To Tell Jury Of Missing Evidence

    A jury shouldn’t hear allegations Uber destroyed evidence in Waymo LLC’s suit over allegedly stolen self-driving car trade secrets, Uber told a California federal judge Monday, saying Waymo’s request was untimely and didn’t meet the “stringent requirements” of proving Uber destroyed evidence knowing it would be sued.

  • November 20, 2017

    SEO Firm Can't Use German Privacy Law In IP Discovery Row

    A dispute about the scope of Germany’s stringent data privacy laws took center stage in a patent row earlier this month between two search engine optimization firms facing off in California federal court, when a judge chided one company for trying to hold on to data that was already shielded by a protective order.

  • November 20, 2017

    Häagen-Dazs To Mediate TCPA Suit Over 'Thank You' Text

    Häagen-Dazs and its parent company, Nestlé, will go into mediation in an effort to resolve a suit alleging it violated the Telephone Consumer Protection Act with unsolicited automated texts that thanked customers who signed up for the ice cream maker's rewards program.

  • November 20, 2017

    Children's Hospital Sues Insurer For Data Breach Coverage

    A California children’s hospital sued Illinois Union Insurance Co. for coverage of an underlying suit brought after the hospital mistakenly sent a document containing the protected information of more than 20,000 “young patients” to job applicants, according to a notice removing the suit to California federal court Friday.

  • November 20, 2017

    Fiat Chrysler Botched Recall Row Survives, Returns To Calif.

    A New York bankruptcy judge ruled Friday that Fiat Chrysler can’t ditch a putative class action claiming it's liable for allegedly botched recall repairs, but sent the matter back to California federal court, saying the issues relate to events that occurred after its bankruptcy-related purchase of Old Chrysler.

  • November 20, 2017

    DACA Backers Push Off Fight Over Uncovering Related Docs

    A California federal judge on Monday granted a bid by challengers to the proposed phaseout of the Deferred Action for Childhood Arrivals program to put off their effort to uncover related government documents so that the case may move forward.

  • November 20, 2017

    Snap Investor Class Action Could Bounce Back To State Court

    A California federal judge on Monday said she’s inclined to send back to state court a putative class action from Snap Inc. investors accusing the company of understating the stock-based compensation incurred as part of its initial public offering by $300 million, while the tech giant urged her to retain jurisdiction for the purpose of sending a certified question to the Delaware Supreme Court.

  • November 20, 2017

    Korean Co. Says Distribution Deal Row Must Be Litigated

    A Korean LED lighting manufacturer urged a California federal court on Friday not to force arbitration of its $14 million dispute with its U.S. distributor, saying an arbitration agreement between the parties was superseded by subsequent pacts stipulating disputes would be resolved in court.

  • November 20, 2017

    Sharp Seeks Pause In Chinese Co.'s Arbitration Bid

    Sharp Corp. asked a California federal court Friday not to rule on Chinese electronics manufacturer Hisense’s motion to arbitrate claims that it misrepresented the quality of Sharp-branded televisions, telling a California federal court it should first decide if Sharp can challenge the denial of its bid to remand the suit.

  • November 20, 2017

    Game Co. Wants Alleged 'WoW' Spinoff Out Of Blizzard Suit

    Game developer Lilith Games asked a California federal judge Friday to trim one of its alleged "World of Warcraft" spinoffs from Blizzard Entertainment and Valve Corp.'s copyright infringement suit, saying the addition of its "Soul Hunters" game came two years too late and the complaint failed to show what copyrighted material had been infringed.

  • November 20, 2017

    Las Vegas Victims Sue MGM, Live Nation Over Shooting

    Hundreds of victims of the Las Vegas shooting and their families hit Mandalay Bay, MGM and Live Nation with five suits in California state court on Monday over the deadliest mass shooting in recent U.S. history, saying that they failed to keep the site of the shooting reasonably safe.

  • November 20, 2017

    Hung Jury, Partial Verdict In Finjan-Blue Coat IP Rematch

    A California federal jury Monday found that Blue Coat infringed two of Finjan’s online security patents, but cleared the Symantec unit on two other patents and hung on two more, awarding $490,000, far less than the $39.5 million Finjan received in prior litigation.

  • November 20, 2017

    Uber Moves To Dump Pricing Model Wage Class Action

    Uber on Friday slammed a California driver’s assertion it stiffs drivers on wages with a pricing model that deceptively charges passengers a higher fare based on a longer route, but requires drivers to take the shortest route, insisting the suit lobs “convoluted” breach of contract and other claims.

  • November 20, 2017

    Gov't Defends Fuel Efficiency Penalty Delay At 2nd Circ.

    The federal government and an automakers group on Friday asked the Second Circuit to deny five Democratic attorneys general and a group of environmentalists’ request that it vacate a delay of an Obama-era rule raising the penalties for automakers that don’t meet fuel efficiency standards.

  • November 20, 2017

    Disney Says 'Inside Out' Copyright Accuser Is No Batman

    The Walt Disney Co. on Friday hit back hard at a copyright lawsuit filed over the animated hit “Inside Out,” saying it “strains credulity” that characters in a little-known TV pilot would be afforded the same protections as James Bond or Batman.

  • November 20, 2017

    Francisco Partners Scores Nearly $4B For Latest Tech Fund

    Francisco Partners has closed its most recent fund after taking in almost $4 billion in commitments to be used for investments in technology-related entities, the private equity firm said Monday.

  • November 20, 2017

    Kohl's Shoppers' Misleading-Discount Suit Can Proceed

    A California judge on Monday declined to toss claims accusing Kohl’s Department Stores Inc. of misleading customers with the application of its Kohl's Cash discounts, saying the pleadings in a putative class action are sufficient enough to proceed.

  • November 20, 2017

    Chipotle Buyers Say In Cert. Bid They Relied On Non-GMO Ad

    Customers suing Chipotle Mexican Grill Inc. over allegedly mislabeling food as non-GMO asked a California federal court on Friday to certify three classes, saying the allegations of the members of the proposed classes rely upon consistent advertising conduct.

  • November 20, 2017

    Tribe Invokes Immunity In $10M Cannabis Contract Dispute

    A tribal corporation owned by the Utu Utu Gwaitu Paiute tribe has asked a California federal judge to toss a suit against it filed by a cannabis company over the termination of a $10 million contract to run a cannabis operation on tribal lands, arguing that the corporation has sovereign immunity from the claims.

Expert Analysis

  • Roundup

    Judging A Book

    Alexander Hamilton

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Deflating Uber's 'Puffery' Defense On Safety Claims

    Thomas Dickerson

    Uber and taxi companies in California, Texas and New York are debating whether Uber's use of words like "safe" and "safety" is misleading and deceptive or mere "puffery." Conflicting rulings from federal courts suggest litigation on this issue will continue, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Consultant Contracts Can Create California Connection

    Anne Gruner

    A California court recently held that it has specific personal jurisdiction over nonresident defendants for nonresident plaintiffs’ claims, because the defendants had contracts with two California consultants on the design of the hip implant at issue. This case could lead to more plaintiffs using consulting contracts to subject defendants to suit in particular jurisdictions, says Anne Gruner of Duane Morris LLP.

  • Series

    My Strangest Day In Court: Arguing From The Gallery

    M.C. Sungaila

    Appellate lawyers are usually silent observers at trial who collaborate on legal strategy, conduct research during court breaks, and craft jury instructions, verdict forms and major motions. But as I discovered in one trial, this is not always the case, says M.C. Sungaila of Haynes and Boone LLP.

  • Why White House Efforts To Dismantle Regs Face Roadblocks

    Steven Gordon

    When the White House changes hands from one political party to the other, the new administration often seeks to change or eliminate some of the regulations promulgated by prior administrations. But when regulatory provisions are based on scientific or economic analysis, it may be difficult to legally justify a change, says Steven Gordon of Holland & Knight LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Calif.'s New Focus On Drug Pricing Transparency

    John Chelsey

    California Gov. Jerry Brown recently signed SB-17, a law intended to foster transparency in connection with drug pricing and its impact on insurance costs. The law imposes significant new reporting requirements on many drug manufacturers, pharmacy benefit managers, and health care service plans and health insurers operating in California, say attorneys with Ropes & Gray LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.