California

  • April 24, 2017

    Justices Won't Hear Appeal Over $30M Gov’t Solar Contract

    The U.S. Supreme Court on Monday said it will not hear a solar panel company’s case accusing the federal government of breaching a $30 million loan contract to produce solar panels in India.

  • April 24, 2017

    Lyft, Uber Hit With Patent Suits Over Transportation Tech

    A California ride-hailing company on Friday separately sued Uber and Lyft in California federal court for allegedly infringing its patent for a computer-based method of calling and dispatching drivers, which it says covers much of what the two other companies offer via their apps.

  • April 24, 2017

    NuVasive Investors Slam Bid To Pause Kickback Class Action

    NuVasive Inc. investors urged a California federal judge on Friday to refuse the surgical device developer a pause to class claims that it damaged shareholders by concealing a kickback scheme, saying NuVasive's challenge to the class's certification is likely doomed.

  • April 24, 2017

    Guitar Co. Sued For Infringing Pantera's 'Dean From Hell'

    An instrument designer who says he helped create the signature guitar of late Pantera frontman “Dimebag Darrell” hit a guitar production company with a copyright infringement suit in California federal court Friday, saying the company has been wrongly reproducing the lightning design-splashed commemorative editions of his instrument.

  • April 24, 2017

    'Star Trek' Artist Sues Over Destroyed LA Mural

    An artist known for his work on the "Star Trek" franchise has filed a lawsuit over the destruction of his Los Angeles mural, the latest in a string of disputes over artists' rights to control the fate of their works.

  • April 21, 2017

    Airlines’ $40M Antitrust Deal Unfair, 9th Circ. Hears

    An objector to a $39.5 million settlement ending antitrust claims in multidistrict litigation against Societie Air France and others told a Ninth Circuit panel Friday the settlement unfairly lumped the claims of customers who bought tickets through travel agents with the stronger case of direct purchasers, diluting her damages.

  • April 21, 2017

    Safety Giant UL Awarded $1M In Hoverboard Trademark Row

    A California judge Thursday ruled that a hoverboard company willfully infringed the trademark of UL LLC and awarded the testing giant $1 million, calling the need for deterrence significant because the counterfeit use of UL’s marks influences consumer understanding of their safety.

  • April 21, 2017

    Franklin Stock Heir's Suit Over $100M In Lost Shares Nixed

    Franklin Resources Inc. does not have to replace more than $100 million in shares that a New York man claimed went missing on the company's watch after his father’s death in 1974, a California federal judge ruled Thursday.

  • April 21, 2017

    Reed Smith Client Re-Ups Sanctions Bid After Atty Threatened

    The Chefs’ Warehouse Inc. asked a California federal judge to keep its Reed Smith LLP attorney from having to be in the same room as an employment lawyer who was sanctioned for his conduct during a deposition, saying Friday a new threat has the company’s attorney fearing for her safety.

  • April 21, 2017

    9th Circ. Won't Block Berkeley's Cellphone Warning Law

    The Ninth Circuit on Friday declined to halt enforcement of a Berkeley, California, ordinance that requires cellphone retailers to warn consumers about radiation risks, saying the law withstands First Amendment scrutiny since it’s related to a substantial government interest of protecting consumers’ health and safety.

  • April 21, 2017

    More Details Out In Del. Bid To Stop Theranos Share Swap

    Fuller details of hedge fund challenges to a Theranos Inc. share exchange allegedly aimed at shutting down liability claims against the biotech company emerged in Delaware’s Chancery Court late Thursday, as the two sides head toward a May 11 hearing on a preliminary injunction.

  • April 21, 2017

    Timberlake, Spears Didn’t Prove Pryor Cashman’s Fees

    A company that makes display screens for concerts told a California federal judge on Friday that Justin Timberlake and Britney Spears aren’t charging fair attorneys’ fees after the stars trounced the company's patent licensing suit, arguing the singers haven’t proven their Pryor Cashman LLP team’s rates are reasonable.

  • April 21, 2017

    Grassley Probes FBI's EB-5 Fraud Allegations

    Sen. Chuck Grassley is launching his own inquiry into an allegedly fraudulent EB-5 investor center, requesting more information Thursday from the U.S. Department of Homeland Security about a California attorney and her father accused of helping fugitives get visas through the program.

  • April 21, 2017

    Apple Slips Suit Alleging Mac Pro Defects, For Now

    A California judge on Friday dismissed a proposed class action alleging that Apple Inc.’s 2013 line of Mac Pro computers contain defective components that cause them to freeze and crash, but gave the plaintiff leave to amend to clarify whether his problems occurred during the warranty period.

  • April 21, 2017

    Lifelock Investors Take FTC Compliance Suit To 9th Circ.

    Lifelock Inc. investors urged a Ninth Circuit panel Friday to revive their putative securities class action alleging the identity theft protection company lied about its compliance with a Federal Trade Commission false advertising order, arguing a lower court judge wrongly inferred facts when she found its statements weren’t misleading.

  • April 21, 2017

    9th Circ. Denies Initial En Banc Review Of Travel Ban Appeal

    The Ninth Circuit on Friday denied the state of Hawaii's bid for an initial hearing en banc on the Trump administration's appeal of a preliminary injunction that halted a revised executive order on immigration from six predominantly Muslim countries.

  • April 21, 2017

    9th Circ. Keeps FERC Billing Practices Post-Calif. Crisis

    The Ninth Circuit on Friday partially sided with the Federal Energy Regulatory Commission in a long-running suit over refunds after prices soared in the 2001 California energy crisis, ruling that the commission had reasonably interpreted how two power companies would calculate the obligations.

  • April 21, 2017

    9th Circ. Standing Ruling Saves Axed TCPA Suit, Judge Says

    A California federal judge Friday reversed his decision to toss a putative class action accusing a car dealership and its marketing partner of violating the Telephone Consumer Protection Act by pestering consumers with automated calls, ruling that a recent Ninth Circuit ruling upended his determination that the plaintiffs didn’t have standing.

  • April 21, 2017

    Judge John Noonan Dies After 3 Decades With 9th Circ.

    A judge who penned more than 1,000 opinions including a decision broadening the definition of persecution for asylum seekers and a landmark ruling backing state bans on assisted suicide, Senior Judge John T. Noonan Jr. has died after more than three decades with the Ninth Circuit.

  • April 21, 2017

    Tribal Embezzlement Suit Stayed For Criminal Case

    A California federal judge hit pause Thursday on the Paskenta Band of Nomlaki Indians’ lawsuit accusing former tribal officials of a wide-reaching, multimillion-dollar embezzlement scheme while new, related criminal charges against some of the ex-officials play out, with a few exceptions.

Expert Analysis

  • Protecting Communications From PR Privilege Issues

    Donna Fisher

    Two recent opinions out of Pennsylvania and California state courts offer important lessons for avoiding claims of privilege waiver when using public relations consultants during litigation, say attorneys with Pepper Hamilton LLP.

  • Another Way To Challenge Standing In Data Breach Cases

    David Cohen

    A common tactic in defending federal consumer data breach litigation is challenging the plaintiff’s standing on a motion to dismiss. Most such challenges are “facial,” but a California federal court's decision in Foster v. Essex Property demonstrates an additional avenue — a so-called “factual” challenge to standing, which is based on evidence, say David Cohen and Ani-Rae Lovell of Ropes & Gray LLP.

  • Uber: The Turning Of The Tide

    Thomas Dickerson

    Uber Technologies may have reached the end of its worldwide efforts to dominate transportation markets with its popular ride-hailing app. Although Uber has met opposition in the past in both the marketplace and in court, particularly in California, new developments in China and in New York City may be bringing Uber’s nearly unstoppable advance to a halt, says Thomas Dickerson of Herzfeld & Rubin PC.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    Catch up if you missed last week's special series spotlighting general counsel at four firms and the issues they encounter in an increasingly complex legal environment.

  • When Indemnitors And Indemnitees Jointly Cause A Loss

    Jeremy Lawrence

    The California Court of Appeal's recent decision in Oltmans v. Bayside shows how a simple modifying phrase can avoid the uncertainty created by less precise language when both the indemnitor and indemnitee are responsible for a loss, says Jeremy Lawrence of Munger Tolles & Olson LLP.

  • The 'State' Of The Gig Economy Under Trump

    Amy Strauss

    There is no question that America’s sharing economy is growing and showing no signs of slowing down. However, if the Trump administration continues its hands-off approach to worker misclassification issues, and court decisions create as much confusion as clarity, we may be forced to look to state legislatures to take control, says Amy Strauss of Fisher Phillips.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

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    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Opinion

    Why Roe V. Wade Will Not Be Overturned

    Donald Scarinci

    The threat that abortion will become illegal again by overturning Roe v. Wade has been a blockbuster campaign slogan in presidential elections for the last 40 years. Like most campaign rhetoric, this threat is not based in reality, says Donald Scarinci, managing partner of Scarinci Hollenbeck LLC.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.