California

  • May 16, 2018

    AT&T Customers Can’t Accelerate NSA Docs Hearing

    A California federal judge summarily refused Wednesday to accelerate a hearing considering access to classified materials sought by AT&T customers pursuing a putative class action over records collected by the National Security Agency.

  • May 16, 2018

    Venture Capitalist Wants Out Of Tezos Token Offering Suit

    A venture capitalist and his firm asked a California federal judge on Tuesday to boot them from a consolidated action accusing the Tezos blockchain network’s executives of offering Tezos tokens as unregistered securities, saying they had no hand in the alleged securities violations.

  • May 16, 2018

    9th Circ. Probes Calif. FCA In Office Depot Row With AIG

    Office Depot on Wednesday urged a Ninth Circuit panel to revive its bid to force an AIG unit to cover its costs in a suit alleging it violated California's False Claims Act by overbilling public agencies, asserting claims under the CFCA are not necessarily subject to state law barring coverage for willful acts.

  • May 16, 2018

    Samsung Fights Sanctions Bid In Panasonic Antitrust Suit

    Samsung Electronics Co. Ltd. urged a California federal court on Tuesday not to sanction the company over its suit alleging Panasonic Corp. colluded with others to monopolize the flash memory card market, arguing Panasonic is glossing over the main part of the alleged scheme.

  • May 16, 2018

    MetLife Must Cover Amputation After Crash, 9th Circ. Says

    Metropolitan Life Insurance Co. owes benefits to a man and his wife for the amputation of the former's leg resulting from a car accident, the Ninth Circuit ruled Wednesday, finding that the fact that his diabetes may have contributed to him needing the procedure didn’t preclude coverage as the lower court said.

  • May 16, 2018

    Ex-Franklin Templeton Worker Seeks Cert. In 401(k) Row

    A former Franklin Templeton employee asked a California federal court on Tuesday to certify her proposed class of more than 5,000 members over allegations the company's 401(k) plan was mismanaged and full of poorly performing in-house mutual funds.

  • May 16, 2018

    Apparel Brand Lulus Reaps $120M From 2 Investment Firms

    California-based women's apparel brand Lulus has scored a $120 million investment from venture capital and growth equity firm IVP and global investment manager Canada Pension Plan Investment Board, the company said Wednesday.

  • May 16, 2018

    Enviros Score In Bi-State Sage Grouse Protection Battle

    A California magistrate judge handed a quick win Tuesday to four environmental groups challenging the U.S. Fish and Wildlife Service’s decision to reverse course on a plan to protect the bi-state sage grouse under the Endangered Species Act.

  • May 16, 2018

    $250M Yacht Linked To 1MDB Scheme To Be Brought To US

    The owners of a $250 million luxury yacht entangled in the 1Malaysia Development Bhd. embezzlement scandal must turn the vessel over to U.S. authorities, a California federal judge said Tuesday, finding the government was authorized to request the yacht’s relocation to U.S. waters as part of civil forfeiture proceedings.

  • May 16, 2018

    EPA's Wehrum Hopes To Avoid Calif. Fuel Economy Fight

    The U.S. Environmental Protection Agency will continue to negotiate with California in an effort to stave off a brewing legal war over greenhouse gas emissions regulations for vehicles, top agency air official Bill Wehrum told a House panel Wednesday.

  • May 16, 2018

    FAA Properly Vetted SoCal Flight Paths, DC Circ. Told

    The Federal Aviation Administration told the D.C. Circuit on Monday that it properly assessed environmental impacts before implementing new flight paths for Southern California airports as part of its air traffic control modernization program, insisting a challenge from local residents over aircraft noise must be rejected.

  • May 16, 2018

    Democratic AGs Can Fight Latest Anti-ACA Suit, Judge Says

    A squadron of Democratic attorneys general can swoop into a new, Republican-backed legal challenge to the Affordable Care Act’s constitutionality and fight the case, a Texas federal judge ruled Wednesday.

  • May 16, 2018

    Food Cos. Escape Suit Claiming Squid Sold As Octopus

    A Miami-based food vendor and its supplier escaped a proposed consumer class action in California federal court accusing them of misrepresenting their squid as octopus, when the judge ruled the latest complaint did not sufficiently meet a threshold requirement showing each class member's relation to the state.

  • May 16, 2018

    Wachtell Reps Zoetis In $2B Deal For Animal Diagnostics Co.

    Animal health company Zoetis Inc. on Wednesday said it will pay around $2 billion to take over veterinary diagnostics company Abaxis Inc., with Wachtell Lipton Rosen & Katz guiding the buyer.

  • May 15, 2018

    Uber's Move Away From Arbitration Falls Short, Attys Say

    Uber won plaudits Tuesday with its announcement that it would no longer steer sexual misconduct claims into arbitration, but critics were quick to pump the brakes on the praise, noting that the ride-hailing giant can still use arbitration to keep class actions from seeing their day in court.

  • May 15, 2018

    Google Cries Foul At Architect’s Revised RICO Suit

    Google objected Tuesday to an architect’s sixth attempt at alleging the tech giant stole his building design technology trade secrets, saying the amended suit filed in California federal court with bolstered Racketeer Influenced and Corrupt Organizations Act claims was improperly filed without the court’s permission.

  • May 15, 2018

    Anheuser's $108B Merger Drained Competition, 9th Circ. Told

    A group of beer drinkers urged the Ninth Circuit during Tuesday arguments to revive their antitrust suit seeking to unwind Anheuser-Busch InBev’s $108 billion merger with SABMiller, arguing that although the deal didn’t increase Anheuser-Busch’s market share, it harmed consumers by cutting the number of major brewers in America from three to two.

  • May 15, 2018

    Calif., Enviros Ask 9th Circ. To Revive Border Wall Suit

    The state of California and several environmental organizations have urged the Ninth Circuit to overturn a lower court’s nixing of their challenge to the Trump administration's planned border wall in the state, saying the projects must first undergo environmental impact assessments.

  • May 15, 2018

    Samsung Owes Apple Over $1B For Ripping Off IP, Jury Told

    Apple told an eight-member jury during opening statements in a high-profile California federal damages trial Tuesday that Samsung owes it more than $1 billion for infringing three of Apple's design patents covering iPhones, while Samsung pegged the number at just $28 million.

  • May 15, 2018

    Pillsbury Expands State Tax Team With 13 Eversheds Attys

    Pillsbury Winthrop Shaw Pittman LLP announced Tuesday it has added 13 former Eversheds Sutherland attorneys to its state and local tax team, increasing to 19 the number of attorneys focused on state and local taxes.

Expert Analysis

  • Post-TC Heartland Trends In The 1st Quarter Of 2018

    Christina Ji-Hye Yang

    Since the U.S. Supreme Court’s decision in TC Heartland last year, district courts have received a large volume of motions to dismiss for improper venue. We analyzed 44 recent rulings on these motions, say Christina Ji-Hye Yang and Mareesa Frederick of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Calif. Department Of Insurance Approval Is No Silver Bullet

    Shawn Hanson

    The California Supreme Court's recent opinion in Heckart v. A-1 shows that an informal opinion from the California Department of Insurance may not be honored by the department itself, and there is no guarantee that California courts will defer to it either, say Shawn Hanson and Nicholas Gregory of Akin Gump Strauss Hauer & Feld LLP.

  • Series

    State Tax After TCJA: Blue States' Deduction Strategies

    Gary Botwinick

    What do you do when it seems that Washington is out to get you? If you are a lawmaker or governor in New York, California, New Jersey or any of several other blue states that relies on significant income or property taxes to pay your state’s bills, you get creative, says Gary Botwinick of Einhorn Harris Ascher Barbarito & Frost PC.

  • After Trump’s Policy Purges, Who Speaks For The Victims?

    Daniel Karon

    Under President Donald Trump, federal agencies have killed or delayed key regulations and imposed drastically fewer penalties against corporate wrongdoers — thus enabling cheaters, victimizing consumers and compromising well-behaving companies. It falls to state attorneys general, as well as the private bar — plaintiffs and defense attorneys together — to pick up the slack, says Daniel Karon of Karon LLC.

  • 9th Circ. Lowers The Bar On Tender Offer Claims

    William Sullivan

    The Ninth Circuit’s recent decision in Varjabedian v. Emulex Corp. substantially diminished the initial burden in pleading claims related to tender offers under Section 14(e) of the Exchange Act. This provides plaintiffs with a reason to bring their cases in the Ninth Circuit, say attorneys with Paul Hastings LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Defending Lawyer Depositions: Lessons From Waymo V. Uber

    Arturo González

    There are general rules for preparing witnesses for deposition. But what if the witness is a lawyer for a party in the case? In the Waymo v. Uber litigation, we — Uber’s counsel — had to make many tactical decisions when preparing four lawyers for deposition and trial, say Arturo González and Michelle Yang of Morrison & Foerster LLP.

  • Opinion

    State AGs Must Fill The CFPB Void, But That's Not Enough

    Karl Racine

    With Mick Mulvaney gutting the Consumer Financial Protection Bureau, the burden of standing up to giant, deep-pocketed financial institutions falls more heavily on state attorneys general. But in the end, such efforts can’t replace the power the CFPB has to protect consumers across all states equally, says District of Columbia Attorney General Karl Racine.

  • Pleading A Personal Jurisdiction Defense Late In The Game

    James Beck

    Personal jurisdiction defenses are waivable and should be pleaded at the outset of litigation. Still, suppose a defendant, not recognizing the impacts of the Bauman and Bristol-Myers Squibb rulings, did not previously plead a personal jurisdiction defense, but now wants to do so. It’s not a good situation to be in, but it’s not hopeless, says James Beck of Reed Smith LLP.

  • Insurance Type Can Affect Choice Of Law Analysis In Del.

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    The Delaware Superior Court's decision in Arch Insurance Co. v. David Murdock underscores the importance of the choice of law analysis in insurance coverage disputes and reaffirms a distinction previously recognized, but not always applied, between D&O and general liability policies, say Jennifer Wasson and Carla Jones of Potter Anderson & Corroon LLP.