California

  • February 14, 2018

    Norwest Grabs $1.5B For Its Largest-Ever PE Fund

    Norwest Venture Partners said Wednesday its latest and largest-ever investment fund raised $1.5 billion from investors as the private equity firm continues to target companies in the consumer, enterprise and health care sectors.

  • February 13, 2018

    Passenger Claims Southwest Booted Him For Speaking Arabic

    A California man hit Southwest Airlines Co. with a civil rights suit in federal court Tuesday claiming that he was removed from a flight for speaking Arabic, even though he wasn't doing anything wrong.

  • February 13, 2018

    BMW Driver Tells 9th Circ. Noisy Brakes Are Safety Concern

    A BMW driver told the Ninth Circuit on Tuesday that the noise generated by his car’s squealing brakes poses a safety concern the company had a duty to disclose, and urged the court to revive his fraud class action.

  • February 13, 2018

    'Goodfellas' Actor Can't Revive $250M 'Simpsons' Image Suit

    Fox Television Studios Inc. scored another victory in "Goodfellas" actor Frank Sivero's $250 million suit alleging the studio ripped off his likeness for a character on "The Simpsons" when a California state appeals court on Tuesday affirmed the use of the character was protected.

  • February 13, 2018

    Bill Paxton's Family Sues Hospital, Doc For Wrongful Death

    The family of actor Bill Paxton, who died of a stroke almost a year ago following heart surgery, has filed a wrongful death lawsuit in California state court accusing a medical center and the surgeon who operated on him of negligence and lying about the risks of the procedure.

  • February 13, 2018

    Ex-BigLaw Attys' Licensing Co. Loses Patent Suit Under Alice

    A patent licensing company run by former WilmerHale and Kirkland & Ellis LLP partners lost its infringement claims against two security companies on Monday, when a California federal judge found that its patent on internet data channels is invalid under the Supreme Court's Alice ruling for claiming only an abstract idea.  

  • February 13, 2018

    9th Circ. Won't Revive Lab Vendor's RICO Suit

    A Ninth Circuit panel Tuesday declined to revive a Racketeer Influenced and Corrupt Organizations Act suit against the owners of health care vendor and bookkeeping company North American Health Care, saying that Diagnostic Laboratories did not properly allege that they perpetrated multiple schemes or that they defrauded any vendors.

  • February 13, 2018

    9th Circ. Revives ACLU's Suit Over DHS Checkpoint

    The Ninth Circuit on Tuesday revived a suit accusing U.S. Customs and Border Protection of violating the American Civil Liberties Union’s free speech rights near an Arizona checkpoint, agreeing with arguments made by a Covington & Burling LLP attorney that the lower court abused its discretion by denying their request to take discovery.

  • February 13, 2018

    Taylor Swift 'Shake It Off' Lyrics Suit Gets One More Shot

    A California federal judge on Tuesday said he’ll give a pair of songwriters one last shot to bring copyright claims against Taylor Swift for allegedly ripping off lyrics to the 3LW song “Playas Gon’ Play" in her 2014 hit “Shake It Off,” saying at the same time that the lines at issue are too short and insufficiently creative to merit Copyright Act protection.

  • February 13, 2018

    Life Science Investor Suits Spiked In '17, Dechert Reports

    The number of securities class actions investors filed against life sciences companies dramatically increased in 2017, reaching a record-high 88, according to a report recently released by Dechert LLP.

  • February 13, 2018

    Consumer Drops $5M Robocall Suit Against Timeshare Co.

    The lead plaintiff in a proposed class action accusing timeshare company Marriott Vacation Club of violating the Telephone Consumer Protection Act by making unsolicited robocalls to her cellphone dropped her $5 million lawsuit against the company Tuesday in California federal court.

  • February 13, 2018

    Insurer Tells 9th Circ. Fee Kickback Suit Not Covered

    Hanover Insurance Co. asked the Ninth Circuit on Tuesday to reverse a lower court’s finding it must defend a real estate brokerage firm in a proposed class action over an alleged kickback scheme, arguing those claims stem from alleged deceptive business practices that are excluded under its policy.

  • February 13, 2018

    9th Circ. Botched Sanctions Ruling, Startup Argues

    Indiezone Inc. asked the Ninth Circuit on Tuesday to rethink its decision that a lower court correctly sanctioned the startup and its lawyer for bringing a “sham” company into its case alleging that former employees conspired to steal its $1 billion e-commerce processing software.

  • February 13, 2018

    Finjan Drops IP Retrial Against Symantec Unit, Signals Deal

    Finjan Inc. announced Monday it had vacated a California federal patent infringement retrial set to start that day against a Symantec Corp. unit, saying it reached confidential settlement terms with its cybersecurity rival and expects by the month’s end to finalize a “definitive agreement.”

  • February 13, 2018

    Universal Takes Film Relocation Coverage Fight To 9th Circ.

    Universal Cable Productions told the Ninth Circuit on Monday that a California federal court erroneously foreclosed its bid for coverage of the cost to move production of a TV series away from Jerusalem amid a 2014 armed conflict between Israel and the Hamas militant group, saying the lower court improperly applied an exclusion for war-related losses.

  • February 13, 2018

    Gerber Buyers Denied Cert. In Baby Food False Ad Suit

    A California federal judge on Tuesday declined for a second time to certify a class of consumers accusing Gerber Products Co. of misbranding baby food, saying the company already changed the disputed labels and the proposed damages models are flawed.

  • February 13, 2018

    Vice Media Accused Of Shorting Women On Pay, Promotions

    A former employee at Vice Media Inc. said the millennial-focused news and entertainment company is grossly underpaying its female employees compared to their male counterparts, according to a suit filed in California state court on Tuesday.

  • February 13, 2018

    McDonald's Hit With ADA Class Action Over Drive-Thru Hours

    Fast-food giant McDonald's was hit with a putative class action in Illinois federal court Tuesday from a customer who claims her and other visually impaired people's inability to access McDonald's during drive-thru-only hours is a violation of the Americans with Disabilities Act.

  • February 13, 2018

    VidAngel Asks 9th Circ. To Revive Claims Against Studios

    VidAngel Inc. urged the Ninth Circuit on Monday to revive its antitrust counterclaims against Disney Enterprises Inc., Lucasfilm Ltd. LLC and other studios in their copyright suit against the streaming service, arguing a California federal judge held its conspiracy theory to too harsh a standard.

  • February 13, 2018

    Verizon Users Can't Sustain 'Supercookies' Suit, Court Told

    Online marketer Turn Inc. on Monday previewed its latest strategy for shaking a recently resurrected putative class action claiming it secretly tracked Verizon subscribers with "supercookies," telling a California federal court that the plaintiffs have failed to allege a concrete injury and had authorized the disputed data collection.

Expert Analysis

  • Per Plan Or Per Debtor? New Ruling Has Precedential Value

    Luke Barefoot

    While lower courts remain split on the question, the Ninth Circuit in Transwest Resort Properties recently provided the first circuit-level ruling on whether the impaired accepting class requirement applies to bankruptcy plan confirmation on a per-plan or a per-debtor basis. The opinion will have persuasive weight for lower courts that have not previously weighed in, say Luke Barefoot and Dan Soltman of Cleary Gottlieb Steen & Hamilton LLP.

  • Don't Let PFAS Leave A Mark On Your Business Transaction

    Alexandra Farmer

    Growing regulatory and litigation focus on per- and poly-fluorinated alkylated substances, combined with pressure to streamline due diligence, poses a challenge for environmental transactional lawyers tasked with review of industries and properties currently or previously involved in the manufacture, distribution or sale of PFAS or products containing PFAS, say Alexandra Farmer and Laura Mulherin of Kirkland & Ellis LLP.

  • Tackling NFL Trademarks: IP Fights Since Last Super Bowl

    David Kluft

    In case someone at the Super Bowl party you attend wants to talk about legal issues, here are some recent NFL-related intellectual property disputes to discuss, says David Kluft of Foley Hoag LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • 9th Circ. Ups Ante On Cert. Of Nationwide Settlement Classes

    James Morsch

    A closer examination of the Ninth Circuit’s reasoning in the Hyundai and Kia Fuel Economy Litigation reveals that the recent decision does not break new ground in terms of class action law but does highlight the difficulties in certifying nationwide class actions, even for settlement-only classes, says James Morsch of Butler Rubin Saltarelli & Boyd LLP.

  • Series

    What I Learned In My First Year: A Judge's Example

    M.C. Sungaila

    Law school taught me how to think like a lawyer, but the district court judge I clerked for my first year out of law school taught me how to be a lawyer. This was the gift she gave to all of her law clerks, in one form or another, says M.C. Sungaila of Haynes and Boone LLP.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • FERC Ruling Smooths Path For Municipal Electric Systems

    Harvey Reiter

    Communities dissatisfied with their local utilities sometimes explore formation of their own municipally run electric systems, but usually face fierce resistance from the utilities they would displace. Municipalization can be a long road, but a recent ruling by the Federal Energy Regulatory Commission may make the process easier, says Harvey Reiter of Stinson Leonard Street LLP.

  • Insurers' Broad Duty To Defend Employment Claims In Calif.

    Cheryl Sabnis

    The Ninth Circuit recently issued a long-awaited ruling in PHP Insurance Service v. Greenwich Insurance, bringing with it a helpful reminder to holders of employment practices liability insurance policies not to shy away from tendering employment claims to their insurers, says Cheryl Sabnis of King & Spalding LLP.

  • No Consensus On Conspiracy Theory Of Personal Jurisdiction

    Jack Figura

    Courts are divided — and the U.S. Supreme Court has yet to rule — on whether the conspiracy theory of personal jurisdiction is proper under due process requirements. But it is reasonable to expect that sooner or later the high court will narrow the permissible reach of this theory, says John P. “Jack” Figura of Norton Rose Fulbright.