• March 23, 2018

    Ramen Cos. Can't Get Buyers Decertified In Price-Fixing Row

    A California federal judge declined Friday to decertify an indirect-purchaser class of noodle buyers hailing from various states in a price-fixing suit, disagreeing with claims by a pair of Korean ramen noodle companies that a recent Ninth Circuit decision warrants reversal.

  • March 23, 2018

    VW Says Owners Who Sold Pre-Scandal Haven't Shown Harm

    Volkswagen AG’s U.S. subsidiaries have pressed their bid to dismiss claims from a proposed class of drivers who sold their Volkswagen vehicles before the German automaker’s diesel emissions cheating scandal broke, telling a California federal judge that these drivers still haven’t shown an injury that would give them standing.

  • March 23, 2018

    Yelp Says Taping Sales Reps Doesn’t Hurt Customer Privacy

    Yelp asked a San Francisco judge Friday to throw out a class action alleging it illegally recorded sales calls to potential advertisers, saying none of the named plaintiff’s phone conversations were recorded and that when Yelp does monitor sales calls without warning the customer, it only records the representative’s side of the conversation.

  • March 23, 2018

    Facebook Scores Win In Suit Over Location Sharing Patents

    A California federal court Friday granted Facebook a win in a suit by Silver State Intellectual Technologies Inc. alleging that the social media behemoth infringed on its patents for the sharing of mobile location-based information, finding that the asserted claims are directed to an abstract idea.

  • March 23, 2018

    Direct Purchasers Seek Default Against Capacitor Maker

    Buyers who have accused manufacturing company Toshin Kogyo of scheming with Panasonic, Hitachi and other competitors to boost the price of capacitors asked a California federal judge on Thursday to hold the company in default for failing since 2015 to respond to a sanctions order.

  • March 23, 2018

    GoPro’s Claim Rival Forged Docs In IP Row Stumps Judge

    A California federal judge overseeing GoPro’s trademark and copyright infringement suit against camera rig company 360Heros expressed concern Friday about ruling on a GoPro sanctions motion alleging 360Heros doctored evidence, saying, “It’s a serious motion, and I don’t know what to do with it.”

  • March 23, 2018

    Up Next At High Court: Messy Rulings, Class Actions

    The U.S. Supreme Court will cover a wide variety of subjects when it returns to the bench this week to close out the penultimate oral argument session of the term, revisiting its American Pipe decision on class action deadlines and debating how lower courts should read its fractured rulings.

  • March 23, 2018

    Herbicide Co. Can't Kill False-Advertising Class Action

    A California federal judge refused Friday to dismiss a false-advertising class action against herbicide maker United Industries, saying it's not clear that reasonable consumers wouldn't be misled by label claims over how many gallons of herbicide customers would end up with after mixing United's concentrate with water.

  • March 23, 2018

    Dems Urge DHS To Investigate ICE Operation In Calif.

    Senate Democrats penned a letter to the U.S. Department of Homeland Security's inspector general on Thursday asking the agency to investigate a former Immigration and Customs Enforcement spokesperson's allegations that the agency made false statements about an enforcement operation in Northern California.

  • March 23, 2018

    State AGs Say Consumers Better Off Without Data Breach Bill

    The attorneys general of 31 states have urged House lawmakers to scrap a federal data breach notification bill meant to streamline nationwide reporting requirements for businesses, arguing that it lets companies avoid disclosing hacks unless consumers are also the victim of a crime.

  • March 23, 2018

    San Diego Looks To Dodge Monsanto PCB Counterclaims

    The city of San Diego on Thursday ripped counterclaims from Monsanto Co. and two of its former subsidiaries that the city was responsible for polychlorinated biphenyls pollution in San Diego Bay, telling a California federal judge that the companies were attempting to deflect blame for the contamination back to the city.

  • March 23, 2018

    Experian Can't Shake State Claims In Credit Report Suit

    A California federal judge on Thursday kept alive the remaining state law claims in a proposed class action accusing Experian Information Solutions of duping consumers into buying credit reports, finding that the Fair Credit Reporting Act did not preempt them.

  • March 23, 2018

    Dem AGs Urge 6th Circ. To Back Coal Ash Disposal Ruling

    Four Democratic attorneys general on Thursday urged the Sixth Circuit to uphold a lower court's ruling ordering the Tennessee Valley Authority to move coal ash waste to a lined impoundment area, arguing that a reversal could encourage polluters to skirt Clean Water Act discharge regulations.

  • March 23, 2018

    Dechert Nabs Hughes Hubbard Entertainment Litigator

    Dechert LLP has hired a complex commercial litigator from Hughes Hubbard & Reed LLP, where he served as co-chair of the firm’s class action practice group, and who has represented major media clients like Jay-Z and Outkast in high-profile intellectual property disputes, Dechert said Friday.

  • March 23, 2018

    Tech Groups Ask To Join Net Neutrality Repeal Case

    Two technology advocacy organizations that represent some of the biggest edge providers in the industry have asked to join the official, consolidated lawsuit challenging the Trump Federal Communications Commission’s net neutrality rule repeal.

  • March 23, 2018

    Supplement Maker Escapes Third Attempt At False Ad Suit

    A proposed class of consumers suing a supplement maker for allegedly misrepresenting the benefits of an energy enhancer has failed for a third time to provide studies or anecdotal evidence to adequately back its claims, a California federal judge said when permanently tossing the suit.

  • March 23, 2018

    Blue Buffalo Ducks Suit Over Contaminated Dog Food

    A California federal judge on Thursday tossed a putative class action alleging Blue Buffalo Pet Products Inc. failed to disclose toxic lead and other disease-causing heavy metals in its dog food, finding the claims are barred by Blue Buffalo's 2016 false advertising class action settlement.

  • March 22, 2018

    Calif. Bar Committee Has Anti-Competitive Bent, Suit Says

    A San Jose law school slapped the State Bar of California with a federal antitrust lawsuit Wednesday, claiming an agency committee that reviews law school accreditation matters is structured to favor certain schools.

  • March 22, 2018

    Atty's 'Possible Incompetence' May Save Coach Workers' Suit

    A California federal judge said Thursday insufficient evidence prevented him from certifying a class of Coach store managers who say they were misclassified as overtime-exempt, but added he’d likely let the workers try again with another attorney rather than “punishing [them] for the possible incompetence of the lawyer who’s representing them.”

  • March 22, 2018

    Calif. Justices Say Colleges Have Duty To Protect Students

    The California Supreme Court ruled Thursday that universities have a duty to protect students from foreseeable violence, reviving a suit over injuries sustained by a UCLA student stabbed in class by a fellow student with known mental health issues.

Expert Analysis

  • Series

    After Cyan: Some Prognostications

    Boris Feldman

    With the ink on the U.S. Supreme Court's decision in Cyan v. Beaver County barely dry, the plaintiffs bar is comfortably in the Section 11 saddle. They won. But history suggests that this may be victory of a battle, not the war, say Boris Feldman and Ignacio Salceda of Wilson Sonsini Goodrich & Rosati PC.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For those structured as corporations, the decrease in the maximum corporate tax rate and the repeal of the corporate alternative minimum tax offer good news. But since many law firms are organized as pass-through entities, several limitations on deductions mean they won’t see as much benefit from the new tax law as some other industries, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • Roundup Warning Label Ruling Less Surprising Than It Seems

    Shannon Oldenburg

    A California federal court's recent decision in National Association of Wheat Growers v. Zeise, which blocked the state from requiring Monsanto to put Proposition 65 warning labels on its Roundup products, may seem surprising at first blush. But a deeper look at the broader historical context of Proposition 65 offers a different perspective, say Shannon Oldenburg and Malcolm Weiss of Hunton & Williams LLP.

  • Price Tag, You’re Not It: 4 New Pricing Claims

    Stephanie Sheridan

    As more pricing litigation is filed, we are seeing deviation from traditional claims related to discounts from a notional "original price." While reference price litigation has certainly not gone away, several new types of pricing claims have emerged, making it clear that pricing is a hot issue for the plaintiffs bar, say Stephanie Sheridan and Meegan Brooks of Steptoe & Johnson LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • Post Tax Reform: What Corporate Structure Is Right For You?

    David Boatwright

    Given a range of changes made to the Internal Revenue Code by the Tax Cuts and Jobs Act, many CEOs and in-house counsel are wondering whether it is more advantageous to conduct their businesses as pass-through entities or, alternatively, as C corporations. Attorneys with Procopio Cory Hargreaves & Savitch LLP discuss the options.

  • Calif. Seeks Input On Clean Energy Equipment Tax Exemption

    Carley Roberts

    Next month, the California Department of Tax and Fee Administration will hold an interested parties meeting regarding a partial sales and use tax exemption for electric generation and distribution equipment. Attorneys from Eversheds Sutherland LLP explain how the exemption has changed this year and why stakeholders may want to weigh in.

  • How To Interpret A Contract? Ask Those Who’d Sign It

    Omri Ben-Shahar

    Surveys are an accepted method of evaluating consumer perceptions in a wide range of cases. However, when it comes to contracts, it is often the judge or jury who must interpret the text. We suggest surveying consumers to determine which meaning of a disputed term is embraced by a clear majority, say professors at the University of Chicago and consultants at Analysis Group.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • How State AGs Can Fight Student Loan Crisis The Right Way

    Douglas Gansler

    For both consumer protection and political reasons, state attorneys general desperately want to assist constituents who have taken out federal student loans and are now struggling with repayment. However, state AGs will undoubtedly fail in the courtroom if they attempt to do so through litigation, say attorneys with Buckley Sandler LLP.