California

  • May 25, 2017

    Sephora Settles Chinese Customer Account Deletion Row

    A California federal judge said Thursday he would grant final approval to a $950,000 settlement ending class action claims that retailer Sephora breached contracts and racially discriminated against customers when it deactivated thousands of accounts created with Chinese domain name email addresses because it thought they were created by bots.

  • May 25, 2017

    Qualcomm Can’t Delay Discovery In Chip Price-Fix Suit

    A California federal judge on Thursday refused Qualcomm’s request to delay discovery in a putative antitrust class action alleging the chipmaker hurt indirect buyers by fixing the price of microchips used in cellphones, urging both sides to “get this party started now.”

  • May 25, 2017

    TC Heartland Adds To Fed. Circ. Losing Streak At High Court

    In its blockbuster ruling this week restricting where patent infringement suits can be filed, the U.S. Supreme Court issued yet another blow to the Federal Circuit in an ongoing battle over whether the court is reading too much into statutes and creating too many elaborate rules for patent law.

  • May 25, 2017

    LendingClub Stock Drop Suit Moves Forward Mostly Intact

    A California federal judge allowed the bulk of a proposed class action accusing LendingClub Corp. of hiding defective internal controls to go forward on Thursday, but ruled that the investors behind the suit will need to tighten up some of their claims.

  • May 25, 2017

    Waymo Says Uber Can’t Hide Exec’s Alleged IP Crimes

    Alphabet Inc. unit Waymo asked a California federal judge Thursday to make Uber hand over a due-diligence report prepared in anticipation of acquiring a self-driving car company started by Anthony Levandowski, an ex-Waymo employee accused of stealing trade secrets, arguing Uber was trying to invoke a work-product privilege to shroud Levandowski's alleged crimes.

  • May 25, 2017

    Calif. High Court Bats Down Atty's Beef With Facebook GC

    The California Supreme Court decided Wednesday not to take up a defamation case against Mark Zuckerberg and Facebook’s general counsel, leaving in place the appellate court decision to toss the case.

  • May 25, 2017

    Teva To Pay $1.6M To Resolve Calif. Counties' Opioid Suit

    Teva Pharmaceuticals Inc. will pay $1.6 million for substance abuse treatment to resolve a lawsuit brought in state court by two California counties over allegedly misleading marketing practices involving opioid painkillers, according to media reports Thursday.

  • May 25, 2017

    Judge Will OK Wells Fargo Class’ $142M Deal After Tweaks

    A California federal judge on Wednesday declared that he will approve a $142 million settlement in a class action between Wells Fargo and the owners of 3.5 million unauthorized bank accounts that were surreptitiously opened in their names, saying that certain changes need to be made to the settlement first.

  • May 25, 2017

    How They Won It: AALRR Heads Off Public Contract Torts

    To convince California’s top court not to allow tort claims based on alleged violations of labor law in disputes between rival public contract bidders, Atkinson Andelson Loya Ruud & Romo attorneys had to lay out the broad-ranging impact the decision could have, potentially affecting effectively all future public works projects in the state.

  • May 25, 2017

    Rexford Industrial Makes $141M Buy, $40M Sale In SoCal

    Real estate investment trust Rexford Industrial Realty Inc. on Thursday said that it has purchased a 16-building industrial park in Ontario, California, for $141.2 million, a deal that it funded partly through the separate $40.1 million sale of a property in San Diego.

  • May 25, 2017

    EEOC Sues Education Tech Biz Over Trans Worker's Firing

    The U.S. Equal Employment Opportunity Commission sued an educational technology company in California federal court Wednesday for allegedly firing a transgender worker for accusing the company of discriminatory practices.

  • May 25, 2017

    'Color Run' Says Rival Co. Is Infringing Trademarks

    The company behind the popular “Color Run” races filed a trademark lawsuit Wednesday in California federal court against a group that offers similar paint-drenched runs under the name “My School Color Run.”

  • May 25, 2017

    Bond Needed For Appeal Of $25M Trump U Deal, Court Told

    An objector to a $25 million settlement resolving claims over President Donald Trump’s allegedly fraudulent Trump University real estate seminars should be ordered to post a bond to cover the costs of her “meritless” appeal, several former students told a California federal court Wednesday.

  • May 25, 2017

    Calif. Senate Bans Bombastic Judicial Ballot Titles

    The California Senate has passed a bill that would keep prosecutors running for the bench from using self-aggrandizing titles such as “Hardcore Gang Prosecutor” on ballots in an effort to even the playing field between government and private attorneys.

  • May 25, 2017

    Qualcomm Wants Apple Manufacturers To Pay Up

    Qualcomm Inc. asked a California federal court on Wednesday to force four Apple Inc. product manufacturers to pay royalties on intellectual property licensing agreements while beefing up its counterclaims against the iPhone maker in a separate case, once again alleging Apple has ordered the factories to withhold payments. 

  • May 25, 2017

    4 Investors Settle SEC's Coffee Co. Pump-And-Dump Claims

    A California federal judge gave the green light on Wednesday for four offshore investors to pay the U.S. Securities and Exchange Commission nearly $1.7 million in disgorgements and interest to settle allegations that they participated in a $78 million pump-and-dump scheme involving shares of Jammin’ Java Corp., a coffee company originally founded by Bob Marley’s son Rohan.

  • May 25, 2017

    Kennedy Wilson Nabs Calif. Offices In $144M Deal

    Real estate investment company Kennedy Wilson said Thursday that an affiliated fund has acquired a pair of nine-story office buildings in Glendale, California, for $144 million and landed a loan to help finance the purchase.

  • May 25, 2017

    9th Circ. Says Old Suits Make Investor Class Claims Timely

    The Ninth Circuit on Wednesday revived a proposed shareholder class action alleging fertilizer manufacturer China Agritech Inc. overstated its revenue numbers, allowing putative class claims to proceed despite the investors being unnamed members in two now-concluded, almost identical suits in which class certification was denied.

  • May 25, 2017

    Third Coinbase User Opposes IRS Bid As ‘Fishing Expedition’

    A third anonymous Coinbase customer sought Wednesday to jump into the fray opposing the IRS’ California federal court summons enforcement bid seeking customer names and other information from the virtual currency exchange company, warning of an unconstitutionally intrusive “fishing expedition.”

  • May 25, 2017

    $27M Verdict In Co-Founder Dispute Invalid, 9th Circ. Hears

    A health company co-founder embroiled in a bitter dispute with his former partner has told a California federal appeals court that a $27 million jury verdict against him is illegitimate after a federal judge entertained state claims simultaneously being heard by a state judge.

Expert Analysis

  • Series

    Revisiting Affiliated Ute: A Rare Presumption In 11th Circ.

    Brian Miller

    The Eleventh Circuit has made clear that it will strictly construe the U.S. Supreme Court's Affiliated Ute decision as well as the omission language of Rule 10b-5(b). This will continue to present challenges to the plaintiffs bar in this circuit, say Brian Miller and Samantha Kavanaugh of Akerman LLP.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    Compared with many other areas of labor and employment law, the law of noncompetition agreements has been relatively static with most changes coming in the form of court decisions. More recently, however, many states have turned their attention to noncompetes and considered significant procedural and substantive changes in how they are used and enforced, say James Hammerschmidt and Jack Blum of Paley Rothman.

  • Extending Omnicare Beyond The Section 11 Case

    William Sullivan

    With its recent decision in a securities suit against Align Technology, the Ninth Circuit joined the Second Circuit in applying Omnicare’s heightened falsity pleading standards to Section 10(b) and Rule 10b-5 fraud claims. Companies should therefore pay attention to the Omnicare standards as applied to all of their public statements, say attorneys with Paul Hastings LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • And Now A Word From The Panel: MDL Forum Selection

    Alan Rothman

    In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.

  • A Potent Weapon For Fighting False Ad Claims At 9th Circ.

    Michelle Gillette

    The Ninth Circuit’s recent decision in Kwan v. SanMedica International is good news for companies doing business in California, especially supplement manufacturers, that often find themselves sued in class actions attacking the studies on which they base their claims, say Michelle Gillette and Josh Foust of Crowell & Moring LLP.

  • Series

    Revisiting Affiliated Ute: And Its Limits In The 5th Circ.

    Susanna Buergel

    Given the perceived higher hurdles to class certification, it is likely that counsel for plaintiffs in securities cases will seek to recharacterize their claims as omission claims to take advantage of the 45-year-old Affiliated Ute presumption. In the Fifth Circuit, that will be a challenging task, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Closing The Door On Hybrid Product Defect-Fraud Claims

    Erin Bosman

    Last month, a California federal court dismissed a proposed consumer fraud class action against BMW over soft-closing automatic car doors. While many automotive defect claims are brought as pure product liability actions, the plaintiffs in this case sought to “hybridize” product liability and fraud doctrines. The case illustrates the perils of overreaching, say attorneys from Morrison & Foerster LLP.

  • Back To The Fourco: High Court's New, Old Patent Venue Test

    Brian Ferguson

    For nearly 30 years, courts have liberally construed the patent venue statute. But no more — on Monday the U.S. Supreme Court reinstated its 1957 Fourco interpretation of the statute. This decision in TC Heartland will have a profound and immediate impact on patent litigation, say Brian Ferguson and Rahul Arora of Weil Gotshal & Manges LLP.