California

  • May 22, 2018

    Oakland Pol's Son Took Bribes For Public Contracts, Jury Told

    The son of an Oakland, California, politician raked in thousands of dollars to rig bids on public contracts for clients of his so-called public relations firm, an undercover informant told a California federal jury on Tuesday, calling the arrangement a "pay-to-play" scheme.

  • May 22, 2018

    Class Can't Get Quick Win In TCPA Suit Against Solar Co.

    A California federal judge on Monday refused to grant a quick win to a certified class seeking to hold a solar company liable for allegedly bombarding consumers with unwanted robocalls on their cellphones, ruling that questions remained about how many offending calls had been placed and whether class members are entitled to enhanced damages.

  • May 22, 2018

    Consumers Urge 9th Circ. To Revive Crunch Gym TCPA Suit

    A pair of consumer advocates on Tuesday urged the Ninth Circuit to revive a proposed class action against gym chain Crunch San Diego LLC over the company’s alleged spamming of members’ cellphones with promotional text messages, saying Federal Communications Commission autodialer rules are applicable in this case and prohibit the gym’s conduct.

  • May 22, 2018

    Orrick Nabs Weil Partner To Co-Lead IP Practice

    Orrick Herrington & Sutcliffe LLP has hired the former co-chair of Weil Gotshal & Manges LLP’s patent litigation practice to co-lead Orrick’s global intellectual property practice, after he's represented major technology companies like Oracle Corp., eBay Inc. and Micron Technology in high-profile patent disputes, Orrick said Tuesday.

  • May 22, 2018

    Google May Escape Gun-Scope Seller’s Crosshairs, For Now

    A California judge has tentatively tossed a suit alleging that Google arbitrarily discriminated against a gun-scope seller via a “dangerous weapons” policy that barred the business from its ad program.

  • May 22, 2018

    Eagan Avenatti Owes Ex-Partner $10M From Bankruptcy Deal

    A California bankruptcy judge on Tuesday entered a $10 million judgment against defunct class action law firm Eagan Avenatti LLP — which is owned by Michael Avenatti, the attorney representing adult film actress Stormy Daniels in her legal battle against President Donald Trump — finding the firm defaulted on its bankruptcy-resolving settlement with a former partner over allegedly unpaid fees.

  • May 22, 2018

    USCIS Urges Justices Not To Consider Visa Petition Review

    U.S. Citizenship and Immigration Services urged the U.S. Supreme Court on Tuesday not to review the Ninth Circuit’s holding that a Taiwanese engineer didn’t qualify for a statutory exception that would allow him to apply for lawful permanent resident status, arguing that the appeals court properly applied U.S. immigration law.

  • May 22, 2018

    PF Chang's Gets OK On $6.5M Calif. Wage-And-Hour Deal

    P.F. Chang’s China Bistro Inc. has agreed to pay $6.5 million to a class of approximately 17,000 current and former workers who accused the restaurant chain of wage and hour violations, according to a California federal judge who affirmed the settlement.

  • May 22, 2018

    Allstate Takes Kia Trademark Battle To 9th Circ.

    Allstate has kicked off an appeal to the Ninth Circuit in a lawsuit claiming Kia Motors Corp.’s “Drive Wise” brand infringed the insurer’s “Drivewise” trademark, blasting a trial judge for overturning a verdict handed down by “nine ordinary consumers.”

  • May 22, 2018

    9th Circ. Urged To Keep ACA Birth Control Rules Blocked

    The states of California, Delaware, Maryland, New York and Virginia told the Ninth Circuit on Monday that a California federal judge was right to block Trump administration rules letting employers forgo covering birth control under the Affordable Care Act by claiming moral or religious opposition to its use.

  • May 22, 2018

    EMI Escapes Frankie Valli's Song Rights Suit In California

    A California federal judge on Tuesday tossed Four Seasons crooner Frankie Valli’s suit accusing EMI Music Publishing Ltd. of holding the rights to his music “hostage,” finding that the London-based music publisher had not intentionally entered into a contractual relationship tying it to the Golden State.

  • May 22, 2018

    NCAA Settlement Objector Asks 9th Circ. To Curb Attys' Fees

    A former Division I football player fighting the $42 million legal fee award in the NCAA’s $209 million settlement with scholarship athletes told the Ninth Circuit on Monday that class counsel can’t justify a bumper windfall in a “megafund” case.

  • May 22, 2018

    5th Circ. Axes States' Bid To Revive DOL Fiduciary Rule Suit

    The Fifth Circuit on Tuesday deflated workers’ advocates’ hopes that a trio of states could rally to save the U.S. Department of Labor’s fiduciary rule, with the court striking down an attempt by the California, Oregon and New York attorneys general to revive litigation over the retirement-savings rule.

  • May 22, 2018

    Korean Firm's $27M Award Over Calif. Co.'s Tax Issues OK'd

    A California federal judge has confirmed a South Korea investment firm’s nearly $27 million arbitral award against a golf club shaft manufacturer it had invested in before learning the company was purportedly avoiding corporate taxes.

  • May 22, 2018

    Dr. Seuss Parody Creator Beats TM Claims In Larger Suit

    The creators of a parody mashup book combining Star Trek and Dr. Seuss won a ruling Monday dismissing trademark accusations over the title of the story, which a California federal judge said was protected by the First Amendment.

  • May 22, 2018

    Russian-Hired Hacker Asks Judge To Halve 8-Year Sentence

    A Canadian “hacker-for-hire” has urged a California federal court to halve the prison sentence recommended for him by the federal government to four years, arguing that prosecutors have been unable to show a shred of evidence that he caused real-world harm by breaking into 11,000 email accounts.

  • May 22, 2018

    Navajo Back Mine Owner In 9th Circ. Fight Over Coal Plant

    The Navajo Nation says the Navajo Transitional Energy Co. should be able to advocate for the nation’s interests in a Ninth Circuit case hinging on sovereign immunity, as environmentalists challenge approval for a coal-fired power plant and a nearby mine on tribal land.

  • May 22, 2018

    REIT, Investment Manager Form JV To Revamp Calif. Mall

    New York-based real estate investment trust Seritage Growth Properties and real estate investment manager Invesco Real Estate said on Tuesday that they have formed a joint venture partnership to own and reconfigure an area of Westfield UTC mall in La Jolla, California, that the transaction values at $165 million.

  • May 22, 2018

    Chicken Of The Sea, Walmart Settle In Tuna Price-Fix MDL

    Chicken of the Sea International on Tuesday said it has reached a cash settlement with Walmart Inc. to resolve antitrust claims related to a multidistrict litigation in California federal court alleging a widespread tuna price-fixing conspiracy.

  • May 22, 2018

    Passengers Slam All Nippon's Bid To Duck Price-Fixing MDL

    Airline passengers on Monday told a California federal judge that All Nippon Airways cannot try to distance itself from travel agents that set fares on its behalf to dodge multidistrict litigation alleging it conspired with other airlines to fix prices on long-haul flights to Asia-Pacific destinations.

Expert Analysis

  • Rebuttal

    Insurer Bad Faith Is A Reality That Dispels All Myth

    Joan Cotkin

    A recent Law360 guest article claimed that it is extremely difficult to prove that an insurer acted in bad faith, challenging readers to check any state's definition of the term. However, if insurers want to avoid substantial exposure to tort damages, they must realize that bad faith is no mere myth, say Joan Cotkin and Steven Knott of Nossaman LLP.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Post-Dynamex: A Narrow Road Ahead For Calif. Trucking Cos.

    Bradford Hughes

    The California Supreme Court's recent opinion in Dynamex Operations West v. Superior Court of Los Angeles County sent shock waves through the entire transportation industry, which has traditionally relied on independent contractors. However, specifically for trucking companies that operate in the Golden State, Dynamex raises a litany of compliance concerns, says Bradford Hughes of Clark Hill PLC.

  • Advertiser Self-Regulation And Class Actions: Part 3

    John Villafranco

    Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.

  • Calif. Taxpayers Shouldn't Be Penalized For Gillette Elections

    Shail Shah

    Taxpayers that made the Gillette election on their California returns should file protests to contest any penalties assessed by the Franchise Tax Board, say attorneys at Reed Smith LLP.

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • California May Pass Its Own GDPR

    Purvi Patel

    If approved by voters in November, the California Consumer Privacy Act would impose a sweeping privacy regime like the EU’s General Data Protection Regulation. The act covers virtually all information a business has about a consumer, expanding far beyond traditional notions of personal information, say Purvi Patel and Alexandra Laks of Morrison & Foerster LLP.

  • Advertiser Self-Regulation And Class Actions: Part 1

    John Villafranco

    When an advertiser voluntarily participates in industry self-regulation before the National Advertising Division, it does so expecting to avoid litigation. Yet there is a consistent concern among advertisers that NAD participation may make consumer class action litigation more, rather than less, likely. Attorneys with Kelley Drye & Warren LLP examine whether NAD decisions actually provide fodder for class actions.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.