California

  • April 25, 2018

    Proposed Calif. Rule To Release Sex Deals Involving Judges

    A proposed California court rules change released Tuesday by a group convened by Chief Justice Tani Cantil-Sakauye would mandate public disclosure of settlements resolving sexual harassment or discrimination complaints against judges or other court employees, but it doesn’t require agreements to identify the accused judicial officer.

  • April 25, 2018

    Michael Cohen To Plead 5th In Stormy Daniels Case

    President Donald Trump’s embattled longtime personal attorney Michael Cohen said in California federal court filings Wednesday that he plans to plead the Fifth Amendment in adult film star Stormy Daniels’ lawsuit against his client, citing an ongoing criminal investigation related to the FBI’s raids on his home and office earlier this month.

  • April 25, 2018

    Holland & Hart's Surreply In CAA Suit 'Frivolous,' Judge Says

    A California federal judge on Tuesday said he would reduce sanctions against Holland & Hart LLP in a Clean Air Act suit because of a Ninth Circuit determination he wrongly found the law firm’s briefs exceeded required page limits, but he still held that its surreply request was "frivolous.”

  • April 25, 2018

    Software Startup Atlassian Raises $850M In Convertible Bonds

    Goodwin Procter LLP and Cooley LLP advised on a private $850 million senior notes offering for Australian software company Atlassian Corp. Plc that is expected to generate nearly $841.3 million in proceeds for working capital and potential acquisitions, the company said Wednesday.

  • April 25, 2018

    Transfer Of Lipozene Class Action Stands, 9th Circ. Says

    The Ninth Circuit Wednesday denied an attempt by a purchaser of the weight loss supplement Lipozene to block the transfer of her putative class action between two California districts, with the panel saying the transfer was a mistake but did not immediately affect the woman’s case alleging that the supplement’s maker issued false claims about its effectiveness.

  • April 25, 2018

    Facebook Investor Sues Over Cambridge Analytica Cover-Up

    Fallout over the Cambridge Analytica scandal continued Wednesday when a Facebook investor hit the social media giant’s leadership with a stockholder derivative suit in Delaware’s Chancery Court, seeking “extraordinary equitable relief” on claims that founder Mark Zuckerberg and the company’s top brass breached their fiduciary duty by hiding the scandal.

  • April 25, 2018

    Google Fights Uber's Intervention In Ex-Execs' Arbitration

    Google LLC told a California appeals court Wednesday that Uber Technologies Inc. shouldn’t be allowed to intervene in its arbitration with two former employees accused of defecting to Uber with stolen trade secrets, arguing during a hearing that Uber is not a party to it and "can't keep jumping in on the sidelines."

  • April 25, 2018

    Nike, FitBit, Others Seek Atty Fees For Data Uploading IP Suit

    GoPro, Nike, Fitbit and several other companies that beat lawsuits filed by Cellspin Soft Inc. alleging their fitness-tracking and GPS devices infringed its data uploading patent asked a federal court Tuesday to award them attorneys' fees for having to defend a "meritless" case.

  • April 25, 2018

    Anthem Breach Attys' $38M Fee Ask Too High, Report Says

    A special master on Tuesday recommended knocking 25 percent off the $37.95 million in fees requested by 53 law firms in the Anthem Inc. data breach litigation, saying the contract attorney rates were too high and there was duplicated work between the firms.

  • April 25, 2018

    LAX Asks High Court To Reject 'Labor Peace' Deals Spat

    The operator of Los Angeles International Airport told the U.S. Supreme Court on Wednesday that trade associations for airport services and major U.S. airlines don’t have standing to challenge Los Angeles’ requirement that airport businesses accept “labor peace agreements” with any union requesting one, saying their claims are overblown.

  • April 25, 2018

    Photogs Ask 9th Circ. To Rethink Nike's 'Jumpman' IP Win

    A photographers’ group Wednesday urged the Ninth Circuit to grant an en banc rehearing of a photographer’s claim Nike ripped off his photo of Michael Jordan to create its “Jumpman” logo, saying the original panel went off-track comparing details when it rejected his claim.

  • April 25, 2018

    Judges Face Tough Choices In Fighting Political Attacks

    A recent push in two states to remove judges over controversial decisions and efforts to limit court authority through legislation in more than a dozen others represent a kind of Catch-22 for courts looking to publicly defend their independence while trying to remain out of the political fray, experts said.

  • April 25, 2018

    Cities Lack Standing In DOD Gun Database Suit, Judge Says

    A Virginia federal judge held Tuesday that New York City, Philadelphia and San Francisco lack standing for litigation seeking to compel the U.S. Department of Defense to fully comply with criminal database reporting requirements, saying they haven’t alleged a sufficient injury in their quest to prevent service members with military convictions from securing firearms.

  • April 25, 2018

    Ex-Disney Exec Says Age Bias Suit Deserves Second Chance

    A former Disney executive on Wednesday urged a California appeals court to revive his suit alleging he was fired after 26 years at the company because of his age, arguing the trial court overlooked the inference of discrimination evident in Disney’s decision to give his job duties to his much younger assistant.

  • April 25, 2018

    FTC Accuses LendingClub Of Deceptive 'No Hidden Fees' Ads

    The Federal Trade Commission sued online lender LendingClub Corp. in California federal court Wednesday for allegedly luring prospective borrowers with promises of "no hidden fees” and then taking a hidden, initial, often $1,000-plus “origination fee” from the loan amount.

  • April 25, 2018

    Row Over Calif. City's Blocked Stations Heads To Fed. Court

    A California city’s lawsuit against Charter Communications for removing NBC and CBS affiliates from its cable package before the Super Bowl shifted from state to federal court Monday, where it joins Charter’s countersuit accusing the city of interfering in its negotiations with a broadcaster demanding exorbitant fees.

  • April 25, 2018

    Mattel Transforming Toys Infringe Patents, Spin Master Says

    Spin Master Ltd. said two patents covering its Bakugan transforming toys are being ripped off by Mattel Inc.’s Mecard transforming toys in an infringement suit filed in California federal court Tuesday.

  • April 25, 2018

    VW Franchisees Can't Get Bosch Docs In Emissions MDL

    A group of Volkswagen franchised dealers cannot get their hands on documents from Robert Bosch LLC and Robert Bosch GmbH related to ongoing government investigations into the alleged defeat device that Bosch manufactured for Volkswagen diesel vehicles to cheat emissions tests, a California federal judge said Tuesday.

  • April 25, 2018

    States Should Wait For Uniform Partnership Audit Law

    While California's response to sweeping federal changes to the centralized partnership audit regime may serve as a guidepost for other state legislatures, tax specialists say holding out for the finalization of a uniform code could help mitigate administrative burdens on multistate partnerships.

  • April 25, 2018

    Capacitor Buyers Seek Approval Of $20M In Antitrust Deals

    Buyers of electrical parts known as capacitors have reached $20 million in settlements with various manufacturers alleged to have jacked up prices on the products and on Tuesday sought a California federal court's preliminary approval of the deals after nearly four years of antitrust litigation.

Expert Analysis

  • Pleading A Personal Jurisdiction Defense Late In The Game

    James Beck

    Personal jurisdiction defenses are waivable and should be pleaded at the outset of litigation. Still, suppose a defendant, not recognizing the impacts of the Bauman and Bristol-Myers Squibb rulings, did not previously plead a personal jurisdiction defense, but now wants to do so. It’s not a good situation to be in, but it’s not hopeless, says James Beck of Reed Smith LLP.

  • Insurance Type Can Affect Choice Of Law Analysis In Del.

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    The Delaware Superior Court's decision in Arch Insurance Co. v. David Murdock underscores the importance of the choice of law analysis in insurance coverage disputes and reaffirms a distinction previously recognized, but not always applied, between D&O and general liability policies, say Jennifer Wasson and Carla Jones of Potter Anderson & Corroon LLP.

  • Congress Makes A Splash By Tackling Tip Pools

    Marc Zimmerman

    The tug of war over which restaurant employees are entitled to a piece of customer gratuities continues. Seven years after the U.S. Department of Labor issued regulations expressly prohibiting employers from requiring tipped employees to share gratuities with nontipped staff, the rope has moved in the opposite direction, say Marc Zimmerman and Kathryn Lundy of Michelman & Robinson LLP.

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.

  • The Carbon Tax Could Come Soon To A State Near You

    Ryan Maness

    Despite recent setbacks in state legislatures, this year's carbon tax push has been the most successful in American history, demonstrating that the idea has carved a place in our political landscape, says Ryan Maness, tax counsel at government relations services firm MultiState Associates Inc.

  • Bristol-Myers Squibb: A Dangerous Sword

    Neil Tyler

    Even if courts begin to consistently dismiss putative nationwide classes based on Bristol-Myers Squibb Co. v. Superior Court of California, filing a motion to dismiss for lack of personal jurisdiction may not always be the best strategic and business decision for defendants, say Neil Tyler and Claudia Vetesi of Morrison & Foerster LLP.

  • Another Take On 'Take-Home' Asbestos Exposure In Calif.

    Theresa Mullineaux

    A California appellate court recently upheld a trial court’s summary judgment in a secondary exposure asbestos case where the plaintiffs could offer no admissible evidence that the decedent’s father worked around asbestos-containing materials. While this opinion is unpublished and uncitable under California rules, its legal theory can apply to other cases, says Theresa Mullineaux of Husch Blackwell LLP.

  • Series

    State Tax After TCJA: Investment In Depreciable Property

    Jeremy Abrams

    In the first installment of the series, Jeremy Abrams and Sebastian Watt of Reed Smith LLP seek to provide a high-level overview of the most significant corporate state tax issues after the Tax Cut and Jobs Act and use state-specific examples to show that while determining how a state will conform to the Internal Revenue Code is not always clear, taxpayer-friendly results are possible.

  • Equal Pay: Where Do We Stand Now?

    Debra Ellwood Meppen

    In Kelly Ellis v. Google, a California federal judge recently denied Google's bid to dismiss classwide claims alleging gender-based pay discrimination. If the class is certified and if the plaintiffs win, it may signify the beginning of the end of the fight for equal pay for women, say Debra Ellwood Meppen and Laurie DeYoung of Gordon & Rees LLP.

  • How States, Federal Agencies Are Challenging Drug Prices

    Tom Bulleit

    High prescription drug prices are increasingly a focal point in the discussion of U.S. health care spending. While there is little consensus in Congress, there has been considerable recent activity in the federal executive branch and in state legislatures, say Tom Bulleit and Rebecca Williams of Ropes & Gray LLP.