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California

  • August 10, 2018

    Mexican Treat Maker Infringed Rival's TMs, DC Circ. Holds

    The D.C. Circuit on Friday affirmed a D.C. federal court’s ruling that a Mexico-based maker of a hand-held frozen snack infringed the trademarks of a California-based maker of the treats featuring a girl dressed in indigenous clothing and that the California company did not infringe any rights held by its rival.

  • August 10, 2018

    Qualcomm Fights 'Unprecedented' Class Cert. In Chip Row

    Chipmaker Qualcomm has urged a California federal court not to certify a class of smartphone buyers suing the manufacturer for forcing companies like Apple and Samsung into paying high royalty rates that were allegedly then passed on to the public, arguing the class of 250 million people is unfeasible and "unprecedented." 

  • August 10, 2018

    Woodbridge Creditors Object To Claim Assignment Plan

    A group of noteholders of the Woodbridge Group of Companies LLC says the debtor’s proposed plan disclosure statement is impermissible because it would seek to solicit creditors with potential class claims relating to a Ponzi scheme run by the debtor to assign those claims to a plan litigation trust.

  • August 10, 2018

    Calif. Bank Prices $47.7M IPO On Low End Of Range

    The Los Angeles-based holding company for Pacific City Bank announced Thursday night that it would be pricing its initial public offering of nearly 2.4 million shares at $20 per share, the low end of a previously announced $20 to $22 range, for a total offering size of $47.7 million.

  • August 10, 2018

    'Filmchella' Organizers Want TTAB Review Of TM Row

    Organizers behind an upstart movie festival called Filmchella have urged a California federal court to stay trademark litigation brought against them by popular music festival Coachella, saying a pause should be placed on proceedings pending review by the U.S. Trademark Trial and Appeal Board.

  • August 10, 2018

    Krazy Glue Beats Class Bid In Slack-Fill Packaging Suit

    A California federal judge denied class certification in a suit alleging the makers of Krazy Glue are duping buyers with excessive empty space in its packaging, saying the lead plaintiff had failed to show the alleged deception cost him or anyone else money.

  • August 10, 2018

    EPA Must Regulate Stormwater Pollution In LA, Court Rules

    Environmental groups persuaded a California federal judge to rule Thursday that the Environmental Protection Agency had made an “arbitrary and capricious” decision when it refused to require permits for polluted stormwater runoff in the Los Angeles area, which the groups said was impairing two waterways.

  • August 10, 2018

    Feds Fight Ex-Barclays FX Trader’s Bid To Toss HP Case

    Prosecutors pushed back on an ex-Barclays trader’s motion to dismiss the criminal “front running” case against him Friday, arguing that the question of whether he had a duty to act in the best interests of Hewlett Packard Co. in a £6 billion foreign currency options transaction can only be determined by a jury.

  • August 10, 2018

    Monsanto Owes $289M In Landmark Roundup Cancer Trial

    A California jury held Friday that Monsanto’s Roundup and Ranger Pro herbicides contributed to a school groundskeeper’s lymphoma and slapped the company with a combined $289 million in compensatory and punitive damages in a landmark suit against the agricultural giant, which has denied links between its herbicides and cancer for decades.

  • August 10, 2018

    Workers Fight To Keep Visa Fraud Suit Against Tesla

    A pair of workers on Friday defended their False Claims Act and Racketeer Influenced and Corrupt Organizations Act suit alleging that Tesla Inc., its contractor Eisenmann Corp., and others knowingly participated in a visa fraud scheme to illegally import low-cost foreign labor for Tesla’s manufacturing plant and other automakers’ job sites.

  • August 10, 2018

    Hacker Stole FIFA Video Game Virtual Currency, Feds Say

    A 25-year-old Serbian man allegedly hacked into Electronic Arts Inc.'s computer network and stole the video game company’s licenses and in-game currency for its popular soccer game FIFA 2018, according to court documents filed in California federal court.

  • August 10, 2018

    Consumers Seek OK On New Kimpton Data Breach Settlement

    A proposed class of consumers that sued Kimpton Hotel & Restaurant Group LLC over a 2016 security breach has handed a California federal court a new version of its settlement, saying the settlement amount is more than enough to cover all claimants and the claim form is easier to complete.

  • August 10, 2018

    Apollo Global, HR Co. Cut $3M Deal In WARN Act Suit

    Apollo Global Management LLC announced it will pay the majority of a $3 million deal to settle a putative class action alleging that it and a human resources company failed to properly warn about 1,000 employees of layoffs at California locations of Apollo's now-defunct party rentals company.

  • August 10, 2018

    Real Estate Rumors: Kavanagh, Splunk, Morgan Stanley

    Kavanagh Advisory Group is reportedly planning to build a four-story Boston Seaport research building, software firm Splunk is reportedly leasing 284,000 square feet in San Jose and Morgan Stanley is said to have loaned $63 million for a recent Chicago-area office complex purchase.

  • August 9, 2018

    Studios' Snub Shows Conspiracy, VidAngel Tells 9th Circ.

    VidAngel Inc. urged the Ninth Circuit to revive the company's antitrust counterclaims in the copyright infringement suit brought by Disney, Lucasfilm and other movie studios, saying during oral arguments Thursday that the refusal of all the major studios to play ball with the family-friendly streaming service supports an inference of a conspiracy among them.

  • August 9, 2018

    Calif. Panel Revives Olympic Hopeful's Win Against Atty

    A California state appeals court said in a published opinion that a lower court was wrong to throw out a jury verdict against an attorney over his representation of an Olympic-hopeful athlete in a dispute with USA Swimming, restoring the verdict and directing the court to notify the state bar of the lawyer's conduct.

  • August 9, 2018

    Electric Car Startup Says Rival's No-Poach Terms Are Unlawful

    Electric vehicle startup EVelozcity sued Faraday & Future on Thursday in California state court, calling a contract term its competitor imposes to prevent departing employees from encouraging colleagues to also leave for another company “illegally restrictive.”

  • August 9, 2018

    Enviros Point 9th Circ. To Pipeline Ruling In Wind Farm Appeal

    A conservation group told the Ninth Circuit on Wednesday that a recent appellate court decision vacating federal approvals for portions of the Mountain Valley pipeline supported its challenge to the Bureau of Indian Affairs’ assent to a lease between a wind farm developer and a California tribe.

  • August 9, 2018

    UnitedHealthcare Beneficiaries Seek Cert. In Coverage Suit

    A proposed class of beneficiaries accusing UnitedHealth Group Inc. and two subsidiaries of having a policy that improperly denied claims for prosthetic devices in violation of federal benefits law asked a California federal judge to certify a class of nearly 1,900 members, arguing that they fulfilled the statutory requirements.

  • August 9, 2018

    Mass. AG Launches Probe Into LendingClub’s Ad Practices

    LendingClub Corp. said in a regulatory filing Wednesday that the Massachusetts attorney general is investigating the San Francisco-based peer-to-peer lending company's advertising and disclosure practices to consumers in that state.

Expert Analysis

  • Possible Defects In California's New Privacy Law

    Peter Pizzi

    The California Consumer Privacy Act — the first attempt of any U.S. state to endow residents with strong rights regarding the collection and use of their data — is rife with kinks to be sorted out. None looms bigger than the First Amendment infirmities, says Peter Pizzi of Walsh Pizzi O'Reilly Falanga LLP.

  • Calif. Life Insurers Get Relief From Unclaimed Property Law

    Andrew Kay

    A California trial court's decision in Thrivent v. Yee invalidated two regulations under California's Unclaimed Property Law. As a result, the state controller will no longer be able to impose them on life insurers or threaten financial penalties pursuant to the invalid regulations in order to secure settlements, say Andrew Kay and Randy Seybold of Cozen O'Connor.

  • 6 Trends Will Shape Future International Commercial Disputes

    Cedric Chao

    The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.

  • Website Accessibility Suits Threaten Omnichannel Sales

    Alan Behr

    Retailers and others with consumer websites that support physical sales facilities are being hit with lawsuits claiming that their websites exclude the visually impaired in violation of federal law. But thus far, federal courts have disagreed on whether a website is a “place of public accommodation,” say Alan Behr and Rachel Bandli at Phillips Nizer LLP.

  • Innovator Liability Flunks The Dormant Commerce Clause

    Richard Dean

    Two circuit court decisions issued in May invoked the dormant commerce clause to strike down enforcement of state laws beyond state borders. It is not surprising that there is also a dormant commerce clause argument in regard to innovator liability, says Richard Dean of Tucker Ellis LLP.

  • Are California’s Economic Sourcing Rules The Next Wayfair?

    Gabrielle Hirz

    During the long debate over the physical presence standard for sales and use tax, a quiet revolution in corporate income tax has taken place — the shift to market-based sourcing for services income. Now that the U.S. Supreme Court has overruled physical presence, will market-based sourcing be the next state tax debate? ask Gabrielle Hirz and Michael Benison of Ropes & Gray LLP.

  • Insights On Time-Rounding Systems For Calif. Employers

    Andrea Calem

    A California appellate court's recent opinion in AHMC Healthcare v. Superior Court of Los Angeles County is helpful for employers that use time-rounding systems. The discussion of the statistical criteria required to establish that such practices are neutral is particularly useful, say Andrea Calem and Roland Juarez of Hunton Andrews Kurth LLP.

  • 10 Tips For A Successful Employment Mediation

    Frank Burke

    Recently, courts across the country have seen an increase in employment law claims, a high percentage of which are resolved through the mediation process. In this article, Frank Burke of ADR Services Inc. shares best practices for planning, strategy and mediation advocacy in the employment law arena.

  • States Responding To SALT Cap, Carried Interest Provisions

    Naylor-Jeremy.jpg

    A number of states have recently proposed or passed new laws targeting carried interest loopholes and the cap on state and local tax deductibility. Some of these efforts are taxpayer-friendly and some are expected to impose additional tax burdens, say Jeremy Naylor and Kimberly Ann Condoulis of Proskauer Rose LLP.

  • Bristol-Myers Unlikely To Shake Up Class Action Landscape

    Alec Schultz

    The U.S. Supreme Court’s Bristol-Myers opinion last year set a high jurisdictional bar for some mass tort claims. Now plaintiffs lawyers fear — and defense lawyers hope — that courts will apply the same reasoning to stifle nationwide class actions. But the effect of this ruling on national class actions is likely to be minimal, say Alec Schultz and Aaron Brownell of Léon Cosgrove LLP.