California

  • January 24, 2017

    Qualcomm Hit With Shareholder Suit Over FTC, Apple Claims

    Qualcomm Inc. was hit with a proposed class action in California federal court Monday alleging the company and its top officials misled investors and inflated share prices in the wake of Federal Trade Commission and Apple lawsuits alleging the company engaged in anti-competitive behavior with cellphone makers over its baseband processors.

  • January 24, 2017

    3 Employment Cases That Could See High Court Action Soon

    With the U.S. Supreme Court set to decide this term whether businesses can force employees to waive class action rights, employment practitioners may be wondering what other big questions involving federal wage and anti-discrimination laws the high court may look to decide next.

  • January 24, 2017

    Shareholder Suit Claims Bank Had Hidden Fraudster Ties

    Banc of California Inc. and its former top executives hid extensive ties with admitted fraudster Jason Galanis, causing the company's stock price to plummet once those ties were revealed, a shareholder class action alleged Monday in California federal court.

  • January 24, 2017

    DOI ‘Rubber-Stamped’ Lease Ruling From Tribe, DC Circ. Told

    A family trust representative urged the D.C. Circuit on Monday to restore a lease on land held in trust for the Colorado River Indian Tribes in California, claiming that the U.S. Department of the Interior had merely “rubber-stamped” a decision on the lease that had been prescribed by the federally recognized tribe.

  • January 24, 2017

    FilmOn X Says Vimeo Ruling Helps Copyright License Bid

    Internet streaming service FilmOn X, fighting in both the Ninth and D.C. Circuits for access to the same automatic copyright licenses as cable companies, told those courts Monday the Second Circuit’s recent Vimeo ruling should swing the battle in its direction.

  • January 24, 2017

    Asset Freeze Imposed On Atty Accused In $9.6M EB-5 Suit

    An attorney accused by the U.S. Securities and Exchange Commission of stealing $9.6 million from foreigners participating in the EB-5 immigrant investor program has been hit with a California federal court injunction freezing his assets and barring him from destroying evidence.

  • January 24, 2017

    LA Chinese Eatery Socked With $700K Judgment In TM Suit

    A New York City Chinese restaurant Monday won a $700,000 judgment in a trademark suit after its Los Angeles counterpart failed to pay the settlement the parties reached last year.

  • January 24, 2017

    Riot Games Sues Over 'League Of Legends' Knockoff

    “League of Legends” developer Riot Games Inc. slapped a Chinese game developer with a copyright infringement suit in California federal court Monday, accusing the company and individual developers of “blatantly and slavishly” copying design elements of the popular online game with a knockoff version.

  • January 24, 2017

    Ex-Calif. Bar President Sheds Fired Exec's Contract Claim

    Former California state bar president Craig Holden shed the last claim brought against him by a fired bar executive when an arbitrator ruled the ex-employee wasn't able to show that Holden prompted bar trustees to get rid of him.

  • January 24, 2017

    Cooley Defeats DQ Bid In Cardtronics ATM Commissions Suit

    A California federal judge refused on Tuesday to disqualify Cooley LLP from defending ATM-processor Cardtronics Inc., its Mexican subsidiary and two of its executives in a suit alleging the companies cheated a franchiser out of commissions, saying Cooley properly disclosed potential conflicts to its clients and obtained their consent.

  • January 24, 2017

    DaVita Gets OK For $6M Deal Ending Workers’ Wage Claims

    A California judge on Tuesday approved a $6 million deal to end litigation accusing DaVita’s HealthCare Partners Medical Group of shorting more than 6,000 workers on wages, overtime and break pay, adding that the “extraordinary” work done by the plaintiffs’ counsel justified a 33 percent attorney fee award.

  • January 24, 2017

    Amazon Must Face Data-Storage Patent Infringement Suit

    Amazon.com Inc. lost its bid to dodge an infringement suit filed by Speed Track Inc. when a California federal judge agreed Monday that the patent at issue, covering an online method of data storage, was valid.

  • January 24, 2017

    Some Circuits Handle Big Caseloads Better, Paper Says

    U.S. appeals courts’ ability to deal with increased caseloads can differ greatly, at times negatively impacting the quality of legal review within certain circuits, a law professor contended in a recent academic paper that suggested an overhaul of the system may be in order.

  • January 24, 2017

    Chicago Museum Settles Suit Over Historic-Car Damages

    The Museum of Science and Industry on Monday settled with famed auto engineer and speed driver Craig Breedlove over allegations the museum damaged his "Spirit of America" jet car in the 50 years it was on loan to the MSI.

  • January 24, 2017

    Tech 'Unicorn' AppDynamics Ups IPO Size To $156M

    AppDynamics Inc., the first so-called unicorn to launch an initial public offering in 2017, upsized its deal Tuesday and now looks to raise about $156 million on expectations of greater demand for its IPO, guided by Wilson Sonsini Goodrich & Rosati PC.

  • January 24, 2017

    Gamers Fight To Keep Suit Over Online 'GTA' Play

    A proposed class of “Grand Theft Auto V” video gamers angered by their inability to use an online feature immediately after purchasing the game asked a California federal judge Monday to keep their suit alive, saying they’d adequately pleaded reliance.

  • January 24, 2017

    New Monsanto Product Could Cause 'Superweeds,' Enviros Say

    Environmental groups are asking the Ninth Circuit to strike down the U.S. Environmental Protection Agency’s approval of a new Monsanto weed killer aimed at managing weeds that have grown resistant to the ubiquitous herbicide Roundup, saying Monday that the new product could lead to “superweeds” resistant to both products.

  • January 24, 2017

    Penske To Settle Calif. Truckers' Class Action For $750K

    A long-running California wage-and-hour class action alleging Penske Logistics LLC failed to provide truck drivers with meal breaks will be settled for $750,000, a deal that will cancel a scheduled February trial and distribute $332,500 to drivers after attorneys’ fees and other costs are deducted, according to a court filing late Monday.

  • January 24, 2017

    Samsung, LG Say Anti-Poach Suit Uses Korean 'Stereotypes'

    LG and Samsung urged a California federal judge Monday to toss an antitrust class action accusing them of agreeing not to poach each other’s employees, arguing the suit relies on stereotypes about Korean companies in lieu of alleging even basic details about the supposed conspiracy.

  • January 24, 2017

    MLB Cites Costco Decertification In Minor League Pay Row

    Major League Baseball asked a California federal court on Monday to consider a recent Ninth Circuit decision decertifying a class of Costco Wholesale workers as it deliberates over a renewed bid for class certification from minor league players suing over alleged wage-and-hour violations.

Expert Analysis

  • And Now A Word From The Panel: A Year Of Vanishing MDLs

    Alan Rothman

    2016 was a notable year for the Judicial Panel for Multidistrict Litigation: It created only 26 new MDL proceedings, a low-water mark for new MDL proceedings not seen in almost a quarter of a century. In this installment of his bimonthly series on the panel, Alan Rothman of Arnold & Porter Kaye Scholer LLP looks at the panel’s activity over the past year.

  • Taxing Marijuana: A Hazy Issue For Municipal Bankruptcy

    Katherine Lewis

    Recent court holdings that marijuana businesses are barred from federal bankruptcy protection may pose a serious problem for fiscally distressed municipalities looking for Chapter 9 relief — specifically those that tax marijuana sales, says Katherine Lewis of Weil Gotshal & Manges LLP.

  • What's Going On With USCIS B-2 To F-1 Denials?

    Rabindra K. Singh

    For the past few months, United States Citizenship and Immigration Services has been denying certain B-2 to F-1 change of status applications. This is a major and disturbing shift from how USCIS has interpreted and applied regulations when adjudicating such applications in the past, says Rabindra Singh of Immigration Attorneys LLP.

  • Dealing With Confidential Witness Recantation Statements

    Michael B. Eisenkraft

    Litigated motions related to recanting confidential witnesses have created a confusing mass of case law. The approach recently taken by a California federal court in Union Asset Management Holding v. SanDisk is sensible in that it uses the appropriate and well-established procedures of Rule 11 to deal with confidential witness recanting allegations, says Michael Eisenkraft of Cohen Milstein Sellers & Toll PLLC.

  • More And More States Are Targeting Payroll Debit Cards

    Caroline J. Berdzik

    It has become increasingly prevalent for employers to pay their employees with payroll debit cards due to the benefits to both employers and employees. However, despite these mutual benefits, many states have enacted legislation that may potentially curtail the use of these cards to pay wages, says Caroline Berdzik of Goldberg Segalla LLP.

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • What Attorneys Need To Know About Calif. Elder Abuse Act

    Steven D. Wasserman

    As California's population continues to age and the elderly become a larger proportion of the population, ensuring their financial health will become an increasingly significant issue. California's Elder Abuse and Dependent Adult Civil Protection Act addresses those who neglect or intentionally take advantage of the elderly, but it also poses issues, risks and challenges for lawyers, says Steven Wasserman of Sedgwick LLP.

  • 'Take-Home' Asbestos Means A Duty Of Care In California

    Nicole Harrison

    In two coordinated cases, the California Supreme Court recently ruled that employers using asbestos in the workplace have a duty of care to protect employees’ household members from exposure via workers' clothing or persons. This holding may encourage more asbestos lawsuits in California, but the court did offer some limitations of which defendants should be mindful, says Nicole Harrison of Manion Gaynor Manning LLP.

  • Not What I Signed Up For: California’s New Autograph Law

    Daniel Fong

    A new California law requires a certificate of authenticity for all autographed items sold by dealers for over $5. Assemblywoman Ling Ling Chang addressed concerns over potential overreach by clarifying that the law was not meant to affect the autographed book and art market. However, courts are not bound to give any credence to those statements, say Daniel Fong and Robert Darwell of Sheppard Mullin Richter & Hampton LLP.