California

  • February 22, 2018

    Drivers Slam Fee Bids By 'Ghost Lawyers' In $10B VW Deal

    Hundreds of “ghost lawyers” who showed up at the $10 billion resolution of multidistrict litigation over Volkswagen AG’s diesel-emissions scandal shouldn’t get a cut of the awarded fees and costs since their work didn’t benefit the whole class, the vehicle owners told the Ninth Circuit on Thursday.

  • February 22, 2018

    Calif. Law Firm, Ex-Partner Take Web Domain Row To Jury

    A boutique securities law firm urged a California federal jury in closing arguments Thursday to find a former partner hijacked SyndicationLawyers.com and other web domain names after leaving the firm, while she argued nothing in her partnership agreement requires her to give up domain names she purchased on her own.

  • February 22, 2018

    Man Will Die From J&J Talc-Caused Mesothelioma, Jury Told

    An occupational medicine expert told a New Jersey jury on Thursday that a man alleging Johnson & Johnson’s baby powder contains asbestos faces a painful death from mesothelioma, and that the disease was caused by his daily use of J&J’s products.

  • February 22, 2018

    Judge Wants Class Attys' Billing Records In Qualcomm Row

    A California federal judge overseeing antitrust claims related to Qualcomm’s patent licensing practices asked attorneys for a putative class of chip buyers to hand over billing records while the case is ongoing, saying that although such records are typically reviewed at litigation’s end, “that is kind of too late” to ensure good-faith billing.

  • February 22, 2018

    Capacitor Biz Faces Restitution For Price-Fixing Scheme

    A California federal judge on Wednesday shot down a request by the federal government and Elna Co. Ltd., deemed a small player in a capacitor price-fixing scheme, to take criminal restitution off the table, saying direct purchaser victims had a payment priority and Elna had not demonstrated inability to pay.

  • February 22, 2018

    9th Circ. Won't Reopen 'Ballers' Copyright Suit

    A Ninth Circuit panel Thursday affirmed a district court decision that tossed a copyright infringement suit against HBO, Mark Wahlberg and Dwayne “The Rock” Johnson over their “Ballers” series, agreeing with a federal judge's finding that the show had only vague similarities to a television project that had not been produced.

  • February 22, 2018

    Converse Workers Ask 9th Circ. To Revive Bag Check Suit

    A group of Converse Inc. employees urged the Ninth Circuit on Wednesday to revive a class action alleging they were owed money for time spent going through mandatory security inspections, saying a trial court judge wrongly concluded that the amount of uncompensated time was too nominal to keep the case alive.

  • February 22, 2018

    Trump 'Thinking About' Pulling ICE Out Of California

    President Donald Trump suggested Thursday he is "thinking about" removing U.S. Immigration and Customs Enforcement officers from California in response to policies instituted by the state and several of its communities that he considers provide sanctuary to those unauthorized to be in the United States.

  • February 22, 2018

    Ex-Tech Co. CEO Admits Insider Trading In Co.'s Securities

    The former head of a Silicon Valley-based fiber optics company that Corning Inc. bought for more than $300 million in April 2016 has pled guilty to insider trading and tender offer fraud, the U.S. Department of Justice announced Wednesday.

  • February 22, 2018

    Feds Escape Enviros' Suit Over Yuba River Endangered Fish

    A California federal judge on Wednesday tossed environmentalists' lawsuit against the U.S. Army Corps of Engineers and National Marine Fisheries Service alleging they failed to properly protect at-risk fish that live near two dams in the northern part of the state.

  • February 22, 2018

    Google Hit With New Lawsuit Stemming From Damore Memo

    A former Google engineer on Wednesday accused the company in California state court of retaliating against him for expressing political opinions, including firing him after he took a strong stance against the opinions expressed in a now-public memo by fellow former employee James Damore.

  • February 22, 2018

    Jury Awards $53M To Brothers Injured In Truck Collision

    A California jury awarded nearly $53 million on Wednesday to a pair of brothers whose pickup truck was hit by the driver of a CRST Inc. commercial truck that crossed over the center line of a two-lane highway.

  • February 22, 2018

    Endo Settles Rest Of Lidoderm Antitrust Suit

    Endo has reached a settlement with the remaining plaintiffs in an antitrust lawsuit over the Lidoderm pain patch on the eve of jury selection for an upcoming trial, court records show, an effort to end the case after a California federal judge refused to enter judgment in its favor.

  • February 22, 2018

    Qualcomm Blasts FTC's Special Master Bid In Antitrust Suit

    Qualcomm Inc. slammed the Federal Trade Commission’s request to have a special master appointed in an antitrust suit over the company’s licensing practices for standard-essential patents on Wednesday, telling a California federal judge that such a move would only complicate discovery proceedings set to close next month.

  • February 22, 2018

    Calif. Panel Says Ex-Perkins Coie Atty Must Arbitrate Claims

    A former Perkins Coie partner must arbitrate claims the law firm dipped into his wages without permission, a California appellate court said Wednesday, reversing a lower court's ruling that his work contract was unconscionable and its arbitration provision wasn't binding.

  • February 22, 2018

    Coca-Cola Looks To Put Diet Coke False Ad Suit On Ice

    The Coca-Cola Co. asked a California federal judge Thursday to end a false advertising suit brought by a proposed class of consumers who say the artificial sweetener found in Diet Coke causes weight gain, arguing that the U.S. Food and Drug Administration’s definition of “diet” has to do with calorie count, not weight management.

  • February 22, 2018

    9th Circ. Won't Alter $1.5M Atty Fees In Ford Defect Suit

    The Ninth Circuit on Thursday upheld $1.5 million in attorneys’ fees awarded to a woman who accused Ford Motor Co. of neglecting to disclose acceleration defects in 150,000 vehicles, rejecting challenges from each of the parties.

  • February 22, 2018

    Qualcomm Slams Broadcom's Board Picks In Buyout Fight

    Qualcomm urged shareholders on Thursday to back its incumbent directors over Broadcom’s slate of nominees, contending that new directors would not change the board’s opinion that Broadcom’s recently reduced buyout offer is “inadequate.”

  • February 22, 2018

    Horizon Pharma Fired Aegerion's FCA Whistleblower: Suit

    Horizon Pharma PLC fired a senior director after learning that she blew the whistle on off-label drug promotion while employed at Aegerion Pharmaceuticals Inc., according to a complaint filed Wednesday in California federal court.

  • February 22, 2018

    Studios Trim But Can't Toss IP Suit Over Visual Effects

    A California federal judge Wednesday trimmed copyright infringement claims against Disney, Paramount and Fox but declined to dismiss claims that Disney’s blockbuster films infringed the patents of a visual effects company and that all three studios violated its trademarks.

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.