California

  • May 21, 2018

    Calif. County Must Face $77M Hemp Seizure Suit, Court Told

    Cannabis Science Inc., American States University and others urged a California federal court Friday not to toss their suit against a California county over its decision to seize $77 million worth of hemp crops from a Native American tribe, saying they were injured financially and that "no due process whatsoever was afforded to the cultivators of the research crop."

  • May 21, 2018

    Investors Battle Mining Co. Over Legal Docs In $207M Suit

    Investors have told a California federal court that a magistrate judge’s decision was “plainly correct” in requiring Silver Wheaton Corp. to produce legal documents it gave to PricewaterhouseCoopers and Deloitte to audit the company’s financial statements in a class action over $207 million in tax liability.

  • May 21, 2018

    Calif. Judge Tosses Uniloc's Battery IP Suit Against Apple

    A California federal judge has tossed Uniloc USA Inc.'s infringement suit against Apple Inc. without leave to amend, finding that its patent for cooling down devices when a battery is overheating involved "industry standard" technology that didn't sufficiently explain how its method for controlling the current in the battery is patentable.

  • May 21, 2018

    Ex-Ogletree Atty With Brain Injury Sues Over Benefit Cutoff

    A former employment lawyer at Ogletree Deakins Nash Smoak & Stewart PC has sued the firm and an insurer in a California federal court, alleging she was improperly denied disability benefits after suffering a debilitating brain injury.

  • May 21, 2018

    Gov't Gets It Wrong On Climate Suits, Calif. Cities Say

    The cites of San Francisco and Oakland on Friday blasted the U.S. government's assertions that their suits seeking to hold oil giants liable for climate change-related infrastructure damage have no place in the courtroom, arguing that the feds are relying on a mistaken view of federal common law.

  • May 21, 2018

    Winston & Strawn Boosts PE Team With 2 Ex-Katten Partners

    Winston & Strawn LLP has hired two partners in California with strong private equity and mergers and acquisitions experience from Katten Muchin Rosenman LLP, including one who headed up that firm's Los Angeles corporate practice and previously presided over a private investment company, the firm announced.

  • May 21, 2018

    9th Circ. Halts $93M Award Collection In Russian Mall Row

    The Ninth Circuit has told a Russian businessman he must wait to see if he can take funds held in a trust to collect on a $92.5 million arbitration award issued against his former business partner in a dispute over a mall in Moscow, as a court in Liechtenstein is deliberating the very same issue. 

  • May 18, 2018

    Funeral Home Chain Can’t Bury Deceptive Sales Class Suit

    A Texas-based nationwide funeral home company lost its bid to dismiss a class action alleging deceptive sales practices when a California federal judge held on Friday that although the evidence is slim that its Golden State subsidiary is an alter ego, there’s enough room for limited discovery.

  • May 18, 2018

    USC, Workers Battle At The 9th Circ.: A Cheat Sheet

    The University of Southern California and workers who brought a $150 million proposed class action claiming the school mismanaged their retirement savings recently squared off before the Ninth Circuit, crossing swords before a three-judge panel over whether the plan participants' claims should be kicked from federal court into arbitration. Here, Law360 breaks down the oral arguments from the closely watched case.

  • May 18, 2018

    Wells Fargo Investor Sues Over 'Culture Of Lawlessness'

    A Wells Fargo & Co. shareholder has accused CEO Timothy Sloan, Chair Elizabeth Duke and other top brass of having enabled a “culture of lawlessness” at the bank in a derivative suit filed Thursday, the same day that new allegations emerged about a problem in the bank’s wholesale division.

  • May 18, 2018

    Fate Of Apple's $1B IP Fight With Samsung In Jury's Hands

    Following closing arguments Friday, the five women and three men of a California federal jury filed out of a San Jose courthouse for a weekend break with a billion-dollar question hanging in the air: How much in damages must Samsung pay Apple for infringing its smartphone design and utility patents?

  • May 18, 2018

    Tesla Inks $1M OT Deal With Calif. Car Salespeople

    Tesla Inc. reached a $1 million deal Thursday to end a putative class action alleging the electric-car maker failed to pay overtime and provide proper meal and rest breaks to hundreds of California-based owner advisers and sales advisers, according to court filings.

  • May 18, 2018

    9th Circ. Affirms Staffing Agency's 2nd Try At $4.5M Deal

    The Ninth Circuit affirmed a $4.5 million settlement resolving wage and meal break claims between Labor Ready Southwest Inc. and a class with more than 200,000 members after rejecting the parties’ earlier agreement, finding Friday that the district court adequately examined the deal’s fairness the second time around.

  • May 18, 2018

    Taxation With Representation: Gibson, Freshfields, Wachtell

    In this week’s Taxation with Representation, gas pipeline operator Williams swallowed up its master limited partnership Williams Partners for $10.5 billion, Enbridge acquired several of its sponsored vehicles for $8.9 billion, EQT merged its hearing aid business with Widex A/S for $8.3 billion and Zoetis snapped up Abaxis for $2 billion.

  • May 18, 2018

    Homeowners Ask 9th Circ. To Revive Citi, Chase Fee Fights

    Homeowners claiming Citibank NA and JPMorgan Chase & Co. charged them unnecessary fees for property inspections after they defaulted on their loans asked the Ninth Circuit to revive their suits Friday, saying a lower court erred in finding no basis for their racketeering allegations against the banks and inspection companies.

  • May 18, 2018

    Calif. Judge Urged To Block Suit Over 'Sanctuary' Policies

    A number of immigrant advocacy groups have urged a California federal judge to consider the “tragic state” of immigration detention centers in light of the U.S. Department of Justice’s suit challenging statutes in California that allegedly obstruct federal immigration law enforcement.

  • May 18, 2018

    Yahoo Settles With Rivals.com Users Over Auto Renewals

    Yahoo Inc. agreed Thursday in California federal court to give cash or a membership credit and up to $300,000 in attorneys’ fees to subscribers of its college-sports site who claim the company has violated state consumer protection laws by automatically renewing their subscriptions without their permission.

  • May 18, 2018

    FTC Says Biz Threatened To Delete Companies From Google

    The Federal Trade Commission in California federal court on Thursday accused a Florida-based company of scamming small businesses through false threats to remove them from Google search results and sham search engine optimization products.

  • May 18, 2018

    Illumina Can't Enforce Fetal DNA Testing Patent, Natera Says

    Natera Inc. on Thursday asked a California federal court to free it from patent infringement litigation brought by competitor Illumina Inc., arguing the fetal DNA testing technology at issue isn’t patent eligible because it covers naturally occurring phenomena.

  • May 18, 2018

    9th Circ. Revives Vitamin E Labeling Row Over Heart Claims

    The Ninth Circuit resurrected a proposed class action alleging that the heart health claims on Pharmavite LLC’s vitamin E supplements are misleading, saying under California law, individual class members don't have to show they relied on the allegedly misleading statements.

Expert Analysis

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Calif. Attorney-Officials Must Heed AG's Ethics Warning

    Gary Schons

    The California attorney general recently issued an opinion on the conflicts posed when an attorney who serves as a city councilmember has a client with interests adverse to the city. The opinion illustrates that ethical conflicts can arise when a lawyer has a fiduciary relationship, but not an attorney-client relationship, with a person or legal entity, says Gary Schons of Best Best & Krieger LLP.

  • Defenses For Using Contractors In A Post-Dynamex World

    Samantha Rollins

    While the revamped test for independent contractor status under the California Supreme Court's recent decision in Dynamex Operations West v. Superior Court raises new questions under state law, it also presents opportunities for companies to present new legal arguments (and take new proactive steps) in defense of independent contractor relationships, say Samantha Rollins and Andrew Murphy of Faegre Baker Daniels LLP.

  • 9th Circ. Highlights Importance Of Cyber Liability Insurance

    ​​​​​​​Jennifer Senior

    In Aqua Star v. Travelers, the Ninth Circuit affirmed last month that an exclusion in a crime policy unambiguously barred coverage for theft by social engineering, reminding insureds to obtain more specialized insurance for the increasingly common threat of social engineering crimes, say Jennifer Senior and Edward Vrtis of Jenner & Block LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • The Future Of Design Patent Remedies Is Unclear

    Derek Dahlgren

    The Apple v. Samsung design-patent retrial — scheduled to begin on Monday — is an opportunity to clear up confusion on remedies. However, the complicated test that will be used for determining the article of manufacture presents the risk of creating more confusion, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • Lack Of Sameness Doomed INRatio Class Certification

    Michelle Hart Yeary

    Last month a federal court in California declined a second attempt to certify a class action against the makers of handheld devices used to monitor blood clotting. The case demonstrates that when key questions of law or fact affect only some members of the putative class, but not all, class certification is not sustainable, says Michelle Yeary of Dechert LLP.

  • Gender Pay Data: Impact Of European Laws In The US

    Lynne Bernabei

    Although American and European equal pay laws often develop on parallel tracks, the U.S has not kept pace with the EU in terms of pay transparency. However, new European laws may have the unintended consequence of pushing multinationals with U.S. employees to publish pay data to keep up with their European counterparts, say Lynne Bernabei and Kristen Sinisi of Bernabei & Kabat PLLC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Growing Caregiver Benefits In The US Workplace And Beyond

    Louise Balsan

    As Mother's Day approaches and more initiatives in the U.S. and around the world are aimed at increasing opportunities at work for working mothers (and caregivers more generally), attorneys with Baker McKenzie discuss recent benefits made available to these employees and review updates multinational employers need to know.