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California

  • November 14, 2018

    J&J Staves Off Asbestos Baby Powder Suit In Calif. Jury Win

    A California state jury found Wednesday that although Johnson & Johnson's baby powder contained asbestos and a manufacturing defect, it was not a substantial factor in causing a woman's malignant mesothelioma, ruling in favor of the pharmaceutical giant.

  • November 14, 2018

    Retweet Libel Claim Against MSNBC's Joy Reid Dropped

    A California woman decided this week to drop her claim that MSNBC host Joy Reid libeled her by retweeting a viral and out-of-context photograph, snuffing the case’s most closely watched question about the legality of retweeting defamatory content.

  • November 14, 2018

    Disney Investor Faces Uphill 9th Circ. Fight In No-Poach Row

    A Ninth Circuit judge on Wednesday appeared unswayed by a Disney shareholder's bid to revive a derivative shareholder lawsuit claiming board members breached their fiduciary duties by agreeing not to poach other studios’ animators, saying during a hearing that “nothing in the complaint says the board knew about this conspiracy.”

  • November 14, 2018

    Feds Try To Dodge LA's Challenge Of 'Sanctuary' Rules

    The U.S. Department of Justice is battling back a challenge lodged by the city of Los Angeles to conditions placed on federal funding grants for fiscal year 2018, continuing the Trump administration’s multifront fight against so-called sanctuary cities that want to restrict local law enforcement’s cooperation with federal immigration authorities.

  • November 14, 2018

    VW, Bosch Say Dealerships' RICO Losses Are Intangible

    Volkswagen AG and Robert Bosch GmbH said Tuesday in California federal court that businesses that invested in building new Volkswagen dealerships or expanding existing dealerships in the midst of the German automaker's 2015 emissions-cheating scandal have overblown their claims of a conspiracy and financial losses from Volkswagen’s reputational hit.

  • November 14, 2018

    PG&E Sued By Camp Fire Victims, Pays $25M Over 2015 Fire

    Victims of the deadly Camp wildfire in northern California's Butte County said in state court Tuesday that PG&E Corp.'s failure to maintain its infrastructure led to the blaze, just as the utility company closed a $25 million deal to end a suit with another northern California county related to a 2015 wildfire.

  • November 14, 2018

    9th Circ. Creates New Role To Tackle Workplace Harassment

    In a first for the federal judiciary, the U.S. Court of Appeals for the Ninth Circuit has created the new position of director of workplace relations to confront workplace harassment issues in the appellate, trial and bankruptcy courts within the circuit’s jurisdiction.

  • November 14, 2018

    Payment Processor Gets Nod For Revised $7.5M TCPA Deal

    Payment processor Total Merchant Services Inc. will shell out $7.5 million to settle a proposed class action accusing it of making over 235,000 telemarketing calls that violated the Telephone Consumer Protection Act, in a deal preliminarily approved by a California federal judge.

  • November 14, 2018

    Consumers Want Nestlé 'No GMO' Label Suit To Go Forward

    A proposed class of consumers has told a California federal court to keep a suit alleging Nestlé USA Inc. uses a misleading "No GMO Ingredients" seal of approval issued by the company itself, saying Nestlé's motion to dismiss brings in arguments and evidence that are inappropriate at such an early stage of litigation.

  • November 14, 2018

    Retired Navy Capt. Cops To Role In 'Fat Leonard' Bribery Case

    A retired U.S. Navy captain pled guilty Tuesday to his role in the sweeping “Fat Leonard” bribery scheme related to Navy port services contracts, as a former master chief petty officer was also sentenced to 17 months in prison for his involvement.

  • November 14, 2018

    O'Melveny Adds Media, Tech Partner In Southern Calif.

    T. Hale Boggs, a transactional attorney who specializes in the media, entertainment and technology sectors, has joined O'Melveny & Myers LLP as a partner in its Century City, California, office after spending nearly three decades at Manatt Phelps & Phillips LLP, O'Melveny announced.

  • November 14, 2018

    Man Admits To FCC Bomb Threat Over Net Neutrality Vote

    A California man pled guilty Tuesday to phoning in a false bomb threat at the Federal Communications Commission in December as the agency was poised to vote on its net neutrality deregulation.

  • November 14, 2018

    Yelp Denied Bid For Quick Win In TCPA Suit

    A California federal judge has denied Yelp's bid to defeat a proposed class action accusing the online business finder of violating the Telephone Consumer Protection Act by making unauthorized telemarketing calls, ruling that genuine matters of fact have yet to be decided.

  • November 14, 2018

    Calif. Man Gets 9 Years For Russian Export Scheme

    A California man has been sentenced in federal court to nine years in prison for money laundering and for conspiring to violate export laws, the U.S. Department of Justice said Tuesday.

  • November 14, 2018

    Bain Capital's VC Arm Closes $1B Fund For Startups

    The venture capital arm of Massachusetts-based private investment firm Bain Capital said on Wednesday that it has closed $1 billion in new funding that will be used for investment in emerging, disruptive companies.

  • November 14, 2018

    In Leap To Plaintiffs Boutique, Munger Vet Makes Rare Move

    It's uncommon for attorneys to jump from the world of defending corporations in bet-the-company litigation to pursuing those same suits, but former Munger Tolles & Olson LLP partner Marc Dworsky has made that 180-degree turn and says he's thrilled with the decision.

  • November 13, 2018

    Weinstein, Four Seasons Hit With $60M Suit By Alleged Victim

    Actress Paz De La Huerta alleged in California state court on Tuesday that former film producer Harvey Weinstein raped her multiple times and engaged in a pattern of stalking and intimidation to keep her quiet, seeking nearly $60 million in damages and alleging that the Four Seasons Hotels Ltd. and the producer's now-bankrupt studio failed to act despite previous knowledge of his conduct.

  • November 13, 2018

    USPTO Head Lauds PTAB's New Claim Construction Standard

    U.S. Patent and Trademark Office Director Andrei Iancu said at a conference Tuesday that the Patent Trial and Appeal Board's adoption of the narrower claims construction standard used by federal courts should reduce uncertainty and minimize parallel litigation over the same patent in district court and before the PTAB.

  • November 13, 2018

    Top Securities Atty Ditches Tesla In The Wake Of SEC Deals

    One of Tesla Inc.'s top securities lawyers has left the Silicon Valley-based electric car maker, less than two months after Tesla and its CEO Elon Musk agreed to pay the U.S. Securities and Exchange Commission $20 million apiece to resolve securities fraud claims.

  • November 13, 2018

    Imprimis Gets $100K Knocked Off Allergan Sanctions Bill

    A California federal judge on Tuesday ordered Imprimis Pharmaceuticals Inc. to pay $50,000 in attorneys' fees to Allergan USA Inc. as sanctions for violating discovery orders in a false advertising case, which is $100,000 less than what Allergan had requested.

Expert Analysis

  • San Francisco Starts Down Road To Autonomous Vehicle Tax

    Benjamin Ebbink

    California Assembly Bill 1184, passed in September, authorizes a new tax on privately owned autonomous vehicles. This is likely the first of many pieces of similar legislation across the nation as policymakers grapple with the impact of automated technology on the economy and the job market, says Benjamin Ebbink of Fisher & Phillips LLP.

  • An Update On Enforcing Arbitration Of ERISA Claims

    Dylan Rudolph

    When are fiduciary breach claims under the Employee Retirement Income Security Act susceptible to arbitration? Dylan Rudolph and Brian Murray of Trucker Huss APC discuss the state of the law and offer thoughts on certain elements that plan sponsors should consider.

  • Opinion

    Courtroom Doors Open To Legal Assaults On Manufacturers

    Linda Kelly

    By denying certiorari in the lead cleanup case ConAgra Grocery v. California, the U.S. Supreme Court missed an opportunity to impose rational limits on what could become an unbounded catch-all tort, says Linda Kelly, general counsel of the National Association of Manufacturers.

  • What To Remember About Calif.’s Right To Be Forgotten

    Grant Davis-Denny

    The California Consumer Privacy Act allows residents to request that a business delete from its systems the consumer’s personal information. Grant Davis-Denny and Nefi Acosta of Munger Tolles & Olson LLP explore the contours and ambiguities of this new "right to be forgotten," and the challenges that it may raise for the regulated community.

  • Opinion

    AGs Are Now The 1st Round Draft Picks Of American Politics

    Joshua Spivak

    Given their recent track record and growing policy power, state attorneys general should be the group everyone is watching on Election Day. Chances are the winners of these races will move to higher offices soon enough, says Joshua Spivak, senior fellow at the Hugh L. Carey Institute for Government Reform at Wagner College.

  • Roundup Verdict Points To Jury Realities In Product Cases

    Matthew Gatewood

    A California jury was recently asked to determine whether the popular herbicide Roundup causes cancer. The case demonstrates how jurors often must draw conclusions on unresolved scientific issues, and how manufacturers that ignore complaints about product risks will struggle to overcome the image of corporate irresponsibility at trial, say attorneys with Eversheds Sutherland LLP.

  • A Guide To Reclassifying Calif. Workers Post-Dynamex

    Camille Gustafson

    As the tax year ends, many employers are looking for guidance on how to transition independent contractors to part-time, on-call employees in light of the California Supreme Court’s Dynamex decision. The keys are thoughtful planning and careful communications, says Camille Gustafson of Paul Plevin Sullivan & Connaughton LLP.

  • Justices Seem Open To Class Cy Pres Awards, Occasionally

    Irving Scher

    It appeared from the U.S. Supreme Court arguments in Frank v. Gaos that the majority of the court would approve 100 percent cy pres settlements, but under extremely limited circumstances, says Irving Scher of Hausfeld.

  • State Anti-SLAPP In Federal Court: An Update From Texas

    April Farris

    Can litigants use the powerful Texas Citizens Participation Act in the Fifth Circuit? The upcoming decision in Klocke v. Watson is likely to resolve this question, but that answer could be short-lived if the U.S. Supreme Court resolves the circuit split over state anti-SLAPP applicability, say April Farris and Matthew Zorn of Yetter Coleman LLP.

  • Olive Oil Class Settlement Is Good News For Defendants

    Sean Commons

    The Ninth Circuit recently affirmed a nationwide, claims-made class action settlement over use of the phrase “Imported from Italy” on bottles of olive oil made with olives from multiple countries. The ruling may herald a shift toward giving class action defendants some level of litigation certainty and finality, says Sean Commons of Sidley Austin LLP.