California

  • January 19, 2017

    Russian Investor Asks 9th Circ. To Keep $116M Freeze In Place

    A Russian real estate investor who convinced a California federal judge to freeze $116 million of his former partner’s money urged the Ninth Circuit on Wednesday to keep the injunction in place, saying the former partner's had his say and there's nothing unprecedented or illegal about the asset freeze.

  • January 19, 2017

    BREAKING: Justices To Hear Dispute Over Plavix Users' Calif. Ties

    The U.S. Supreme Court agreed Thursday to take up Bristol-Myers Squibb Co.’s appeal of a California high court decision that allowed almost 600 out-of-state residents to sue the drugmaker over alleged injuries from blood-thinner Plavix because of the company’s ties to the state.

  • January 19, 2017

    Calif. Leads In Executing Clean Car Tech, Study Says

    California is leading the U.S. in greenhouse gas reduction and in implementing zero-emissions vehicle technologies, even surpassing the national standards put in place by the federal government, according to a report released Wednesday by the California Air Resources Board.

  • January 19, 2017

    Zico Coconut Water 'No Sugar' Claim Sparks Suit

    Zico Beverages LLC violated California consumer protection laws by labeling its 100 percent natural coconut water as containing “no added sugar” when the beverage in fact contains some, according to a proposed class action filed Wednesday in state court.

  • January 19, 2017

    Lab Vendor Urges 9th Circ. To Revive RICO Suit

    Diagnostic Laboratories is urging the Ninth Circuit to revive a Racketeer Influenced and Corrupt Organizations Act suit against the owners of health care vendor and bookkeeping company North American Health Care, arguing the district court wrongly defined what constitutes a continuous scheme.

  • January 19, 2017

    Tribal Group Asks 9th Circ. To Undo Gov't Highway Win

    The Gila River Indian Community on Wednesday filed an opening brief with the Ninth Circuit asking the appeals court to overturn a ruling that federal and state agencies took no shortcuts on environmental reviews when approving a Phoenix-area highway project, alleging the agencies violated the National Environmental Policy Act.

  • January 18, 2017

    Morissette's Manager Had Hand In Her Pocket, Stole $4.8M

    Alanis Morissette's former business manager has admitted to wire fraud, tax fraud and embezzling from his clients to the tune of $6.5 million, including $4.8 million from the singer-songwriter, the U.S. Attorney's Office for the Central District of California said Wednesday.

  • January 18, 2017

    Ex-JPMorgan Analyst Tipped Pals To Tech Deals, Jury Told

    Former J.P. Morgan Securities LLC analyst Ashish Aggarwal tipped two friends to a Salesforce.com acquisition and another pending deal in a scheme that “cheated the market and lined their own pockets” with $600,000, a prosecutor told jurors Wednesday during opening statements in California federal court.

  • January 18, 2017

    Ikea Ruling Puts Stamp On Novel Post-Spokeo Strategy

    The Ninth Circuit on Friday backed an Ikea shopper's unorthodox argument that her ZIP code collection claims against the retailer should return to state court because she lacked standing to pursue them in federal court, giving ammunition to a class action litigation strategy many predicted would gain traction in light of the U.S. Supreme Court's Spokeo ruling.

  • January 18, 2017

    Bio-Rad’s Ex-GC Testifies CEO Resisted FCPA Investigation

    The former general counsel for Bio-Rad Laboratories Inc. took the stand in his retaliation suit accusing the life sciences company of firing him for reporting possible Foreign Corrupt Practices Act violations related to payments in China, testifying that Bio-Rad’s CEO resisted his attempts to investigate possible wrongdoing.

  • January 18, 2017

    5 Key Takeaways From The FTC's Qualcomm Patent Suit

    The Federal Trade Commission stunned the antitrust bar Tuesday by launching a controversial case challenging Qualcomm Inc.'s licensing of its standard-essential wireless patents on the eve of a leadership transition. Here are five key takeaways from the suit.

  • January 18, 2017

    Cisco, Arista Push For New Rulings In $335M IP Battle

    Tech rivals Arista Networks Inc. and Cisco Systems Inc. both asked a California federal judge for separate judgments as a matter of law in a $335 million suit Tuesday, after a jury found Arista’s popular Ethernet switches are shielded from infringement claims by the scènes à faire doctrine.

  • January 18, 2017

    Olive Oil Buyers Take 50 Cents A Bottle To End False Ad Suit

    A group of consumers who claim they were misled by “Imported From Italy” labels on Filippo Berio olive oil asked a California federal court on Wednesday to give initial approval to a preliminary settlement reached with Salov North America Corp.

  • January 18, 2017

    DOL Accuses Oracle Of Bias Against Women, Minorities

    The U.S. Department of Labor fired off a lawsuit against Oracle America Inc. Tuesday, alleging that the computer technology giant discriminates against women and minorities by paying them less than their counterparts and also discriminates against qualified non-Asian applicants in favor of Asian candidates for certain roles.

  • January 18, 2017

    Aussie Builder Must Arbitrate AU$1.8B Chevron Jetty Case

    An Australian contractor that has filed suits against KBR Inc., Chevron Corp. and their affiliates for allegedly shortchanging it for work on a AU$3.4 billion ($2.6 billion) liquefied natural gas jetty had its case against Chevron paused by a California federal judge on Tuesday, with the court saying arbitration underway in Australia should conclude first.

  • January 18, 2017

    Qualcomm Slapped With Antitrust Class Action After FTC Suit

    A group of consumers hit Qualcomm Inc. with a proposed class action Wednesday alleging it has a monopoly on modem chipset technology that resulted in inflated retail prices for cell phones and other devices, closely following a Federal Trade Commission challenge to the company’s practices.

  • January 18, 2017

    Chevron Seeks To Toss Workers’ 2nd Stab At ERISA Suit

    Chevron Corp. urged a California federal judge Wednesday to toss a putative class action brought by beneficiaries of its employee retirement plan who claim Chevron breached its fiduciary duties when it made high-cost and poor-performing investments, saying the employees haven’t alleged anything new since the court dismissed their original complaint.

  • January 18, 2017

    Anthem Customer Asks To Nix Claims After 'Invasive' Data Bid

    A named plaintiff in litigation over Anthem’s 2015 data breach asked a California federal judge to toss his claims Tuesday, saying a request that he allow the replication of his computer’s files and data is too invasive, considering that entrusting the company with his personal information previously led to him suffering identity theft.

  • January 18, 2017

    Calif. Businessman Ran Fraudulent EB-5 Scheme, SEC Says

    The U.S. Securities and Exchange Commission on Tuesday filed securities fraud claims against an Oakland businessman in California federal court for allegedly misusing funds from $107 million he raised from Chinese nationals through the EB-5 immigrant investor program.

  • January 18, 2017

    Lenovo Seeks To Slim Class Action Over Hidden Adware

    Computer manufacturer Lenovo asked a California federal judge Tuesday to toss part of a lawsuit alleging the company installed hidden adware with security vulnerabilities on laptops it sold, saying class members don’t have standing to bring claims based on security issues.

Expert Analysis

  • Limitation Act Of 1851 Still Relevant To Offshore Energy

    Andrew Stakelum

    From the Titanic to the Deepwater Horizon, an obscure federal law has been invoked after many maritime disasters to limit vessel owners' liability for losses stemming from conditions outside the owners' privity or knowledge. But in today's offshore energy industry, technology can place the owner and its management in the wheelhouse, on the cargo deck and on the rig floor, says Andrew Stakelum of King & Spalding.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Key Class Action Takeaways From Briseno V. ConAgra Foods

    Robert J. Herrington

    Unless reversed or modified, the Ninth Circuit's decision in Briseno v. ConAgra Foods means class action plaintiffs aren't required to establish an administratively feasible way to identify putative class members for class certification. But aside from that holding, the opinion addresses several other arguments often raised in class actions in ways that are mostly unhelpful for defendants, say attorneys at Greenberg Traurig LLP.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Retail Trends: Outlets As Destination Centers

    In this episode of Fashion Counsel, Arent Fox LLP partner Anthony Lupo and retail consultant Steve Birkhold (former CEO of Lacoste, Diesel, BEBE and Earl Jeans) discuss factory outlets — the nation’s fastest developing retail sector. Increasingly, outlets are “destination centers,” offering entertainment and amenities, not just retail stores. But they may raise special legal issues for participants.

  • Native American Cases To Watch In 2017

    Thomas F. Gede

    The current eight-member U.S. Supreme Court will examine two Native American cases early this year, and may hear additional cases following the confirmation of a ninth justice. Thomas Gede of Morgan Lewis & Bockius LLP discusses the most important cases to pay attention to, including Lewis v. Clarke and Lee v. Tam.

  • Ambiguity For On-Call Rest Breaks At Calif. High Court

    Barbara L. Harris Chiang

    While the California Supreme Court's recent decision in Augustus v. ABM Security Services prohibited on-call rest periods and workplace policies that promulgate them, the practical implications of the decision remain unclear, say Barbara Harris Chiang and Elina Protich of Kaufman Dolowich & Voluck LLP.