California

  • February 21, 2018

    Atty Suing Ogletree In $300M Bias Suit Moves To Buchalter

    Buchalter PC announced on Tuesday that the attorney who hit Ogletree Deakins Nash Smoak & Stewart PC with a $300 million gender bias class action has left that firm to join Buchalter’s labor and employment practice in its Orange County, California, office.

  • February 21, 2018

    From NJ To Texas: How The Courts Fared At The Fed. Circ.

    The differences between the Federal Circuit’s most-reversed and least-reversed district courts run far deeper than their success rates on appeal — a metric that can vary widely throughout the judiciary, according to Law360’s look at three years of Federal Circuit cases.

  • February 21, 2018

    Huawei Fights Samsung Bid To Block China Patent Injunction

    Huawei Technologies Co. on Tuesday slammed Samsung's bid to block an injunction issued in China last month barring the South Korean company from selling smartphones that infringe two Huawei patents, calling Samsung's request to a California federal judge “extraordinary.”

  • February 21, 2018

    Broadcom Lowers Qualcomm Bid After Sweetened NXP Offer

    Broadcom Ltd. on Wednesday lowered its takeover bid for Qualcomm Inc. from $82 per share to $79 per share in response to Qualcomm’s decision to increase its offer for NXP Semiconductors NV by more than $6 billion, but Broadcom reaffirmed that it is still committed to acquiring the California chipmaker.

  • February 21, 2018

    LinkedIn Can't Relate Data Spat To Craigslist Case, Co. Says

    Data company 3taps told a California federal court Tuesday that its suit seeking clearance to scrape data from LinkedIn’s public profiles should not be related to a previously decided matter involving Craigslist, saying its action should instead be related to another pending suit against the professional networking site.

  • February 21, 2018

    Apple Says Batteries Piling Up In IPhone Slowdown Suits

    Apple Inc. urged a California federal judge Wednesday to find it doesn’t need to hold onto every battery it replaces from iPhones in a slew of proposed class actions alleging it misled consumers by slowing phones with diminished battery capacities, arguing that preserving every battery poses health and environmental hazards.

  • February 21, 2018

    LendingClub Unveils $125M Settlement Of Investor Suits

    LendingClub Corp. on Tuesday said it has reached a $125 million preliminary settlement with the plaintiffs behind two securities class actions in California federal and state court that allege the peer-to-peer lending company misled investors in the run-up to its $1 billion initial public offering in 2014.

  • February 21, 2018

    Jackson Hewitt Faces Franchisee Customer's Fraud Claims

    Tax preparation chain Jackson Hewitt must face putative class allegations of fraud and negligence after a California federal judge ruled Tuesday that a former client of a franchisee had presented a plausible theory for his claims to proceed in court.

  • February 21, 2018

    Google Advertiser Gets 5th Try At Click-Fraud Class Action

    A California federal judge Tuesday tossed a businessman’s fourth version of a putative class action alleging Google understates the fraudulent clicks its ads receive, saying he hadn’t shown charges for invalid ad views but the “interests of justice” supported allowing him to submit another amended complaint.

  • February 21, 2018

    Disney Suit Against Redbox Is Copyright Misuse, Judge Says

    A California federal judge on Tuesday refused to give Walt Disney Co. a court order that would have barred Redbox from renting digital movies at its kiosks, calling the studio’s case a misuse of copyright law.

  • February 20, 2018

    Swarmify Can’t Point To Trade Secret, CloudFlare GC Says

    During the sealed portion of a hearing last week, the video streaming startup Swarmify “was unable to articulate a protectable trade secret” stolen by CloudFlare, the company’s general counsel told Law360 Tuesday, after a California federal judge said he could respond to Swarmify's public statements about the closed session.

  • February 20, 2018

    Biotech Co. Says Rival Violated Deal With Press Releases

    Biotech company Codexis Inc. bashed rival EnzymeWorks Inc. and its founder Junhua Tao on Tuesday for allegedly violating a deal to end a lawsuit, which accused Tao in California federal court of ripping off its trade secrets and patents, when EnzymeWorks issued a press release about that very settlement.

  • February 20, 2018

    Walmart’s Own Studies Support Cert., Cashier Class Argues

    A group of 80,000 cashiers claiming Wal-Mart Stores Inc. failed to provide them with California state law-required seating defended its class certification in federal court Friday, arguing that Walmart’s own studies and prior testimony back up the workers’ claims.

  • February 20, 2018

    Calif. Tribe Asks High Court To Spurn Banishment Case

    The United Auburn Indian Community urged the U.S. Supreme Court to reject a petition from a tribe member challenging a Ninth Circuit decision that backed the tribe’s right to banish her, saying that the member's 10-year ban from certain tribal lands didn’t violate her civil rights.

  • February 20, 2018

    Frank Ocean Sues Producer Over 'Blonde' Tracks Authorship

    Singer-songwriter Frank Ocean is accusing a music producer of falsely attempting to claim authorship of songs on his 2016 hit album “Blonde,” alleging “a serious and substantial violation” of his rights under the Copyright Act in a complaint filed in California federal court Tuesday.

  • February 20, 2018

    Judge Nixes LendingClub Investor Bid For Underwriter Docs

    Morgan Stanley, Goldman Sachs and the other underwriters of LendingClub Corp.'s $1 billion initial public offering for now don't have to produce roughly a thousand documents sought by a class of investors suing the peer-to-peer lending company for alleged stock fraud, a California federal judge ruled Tuesday.

  • February 20, 2018

    Tribal Involvement Doesn’t Nix Coal Plant Suit, Feds Say

    The federal government told the Ninth Circuit that environmental groups should be able to challenge the government’s approval of continued operations of a coal-fired plant and mine on Navajo land, arguing a lower court was wrong to say the mine owner’s sovereign immunity blocked judicial review.

  • February 20, 2018

    4 Cos. Restock IPO Pipeline With Filings Totaling $300M

    Four companies, spanning the life sciences, technology and banking industries, have filed initial public offerings that are preliminarily estimated to raise $300 million, adding new potential deals to an IPO pipeline that has thinned out in recent weeks.

  • February 20, 2018

    VW, Audi, Bosch Push To End Non-Diesel Emissions Suits

    Volkswagen AG, its subsidiary Audi and supplier Robert Bosch GmbH have asked a California federal judge to dismiss suits that accuse them of cheating on emissions tests for thousands of non-diesel vehicles, saying the suits are vague and unsupported by regulators’ findings.

  • February 20, 2018

    Monsanto PCB Suit Belongs In State Court, 9th Circ. Told

    Washington state told the Ninth Circuit on Tuesday that a federal district court judge was right to grant the state’s request to remand its lawsuit against Monsanto Co. over the alleged contamination of waterways with polychlorinated biphenyls to state court.

Expert Analysis

  • What Employers Can Learn From Waymo V. Uber

    Brian Arbetter

    While Waymo v. Uber was more high-profile than most cases, employers can and should learn lessons from it. Brian Arbetter of Norton Rose Fulbright discusses the current state of the law in the area of employee raiding and restrictive covenants and offers some best practices for employers to follow in order to fully protect their confidential information.

  • California's Evolving Standard On Expert Opinion Evidence

    Peter Choate

    A California appeals court's recent decision in Apple v. Superior Court explicitly holds that the Sargon standard applies when a party seeks to admit expert opinion evidence. Practitioners should seek to preserve this issue for appeal and urge the California Supreme Court to resolve it, say Peter Choate and William Dance of Tucker Ellis LLP.

  • Opinion

    Gig Economy Business Model Skirts Calif. Labor Laws

    Mike Arias

    California workers have spent over a century carving out the rights to have fair working conditions, an eight-hour work day and to be paid a living wage. The gig economy largely seeks to circumvent these well-established laws, says Mike Arias of Arias Sanguinetti Wang & Torrijos LLP.

  • Dueling Tax Measures On San Francisco's June Ballot

    Richard Nielsen

    In June 2018, the San Francisco electorate will vote on the two competing tax measures, Housing for All and Universal Childcare for San Francisco Families. The measures differ in purpose, tax rate and exemptions, but either one would mean a huge increase in taxes for commercial landlords, say attorneys at Pillsbury Winthrop Shaw Pittman LLP.

  • Lessons From Rabobank's Anti-Money Laundering Failures

    Michael Gertzman

    Rabobank's $368 million resolution of an investigation into the bank's anti-money laundering program has several parallels with other recent Bank Secrecy Act actions that financial institutions may wish to consider in assessing their compliance programs, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.

  • Autonomous Drones: Set To Fly, But May Not Comply

    Sara Baxenberg

    A California company has unveiled a fully autonomous "selfie" drone, which promises to stay trained on a moving subject, capturing footage while avoiding any obstacles. But a drone that flies itself may run afoul of a number of Federal Aviation Administration regulations, even if it has fancy obstacle detection and personal tracking, say Sara Baxenberg and Joshua Turner of Wiley Rein LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Car Seat Heaters Still Producing Burns — And Litigation

    Sean Kane

    Despite decades of research on safe temperature thresholds for car seat heaters, some automakers are still designing heaters to work in higher temperature ranges, still manufacturing heaters that get much hotter than their design specifications and still forgoing simple countermeasures that their peers have been implementing since the 1980s, say Sean Kane and Ellen Liberman of Safety Research & Strategies Inc.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.