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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

  • A 9th Circ. Warning For Game Apps With Micro-Transactions

    Christopher Queenin

    Courts that have addressed virtual game currencies have found that developers do not run afoul of state gambling laws so long as the virtual currencies have no transferable monetary value outside of the game. But the Ninth Circuit disagreed last month in Kater v. Churchill Downs, says Christopher Queenin of Nixon Peabody LLP.

  • Encino Bodes Well For Employers In FLSA Cases And Beyond

    Ellen Boshkoff

    The U.S. Supreme Court's ruling in Encino Motorcars v. Navarro positions employers to better defend their Fair Labor Standards Act classification decisions, and provides a possible basis for employers to challenge a host of judicial interpretations of other employee rights statutes, say Ellen Boshkoff and Samantha Rollins of Faegre Baker Daniels.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • 9th Circ.'s Expansive Standard For Standing In Breach Case

    Nathanial Wood

    Companies should take notice of the Ninth Circuit’s decision to use Zappos’ breach notification as an admission that the breach would potentially lead to consumer harm, say Nathanial Wood and Brandon Ge of Crowell & Moring LLP.

  • Innovator Liability Is The Least Scary Thing About Rafferty

    Terry Henry

    Rafferty v. Merck, the recent decision from the Supreme Court of Massachusetts, held that a brand drug manufacturer can be liable for harm caused when a patient takes a generic version of its drug. A particularly troubling aspect of Rafferty is that the court buried the learned intermediary doctrine, says Terry Henry of Blank Rome LLP.

  • The Bipartisan Budget Act’s Impact On Retirement Plans

    Paul Hamburger

    Many retirement plan sponsors will likely find the relaxed rules related to hardship withdrawals included in the recently enacted Bipartisan Budget Act of 2018 to be a welcome change. However, implementing these changes will require amending plan documents, as well as altering participant communications and administrative procedures, say attorneys with Proskauer Rose LLP.

  • Is Excessive Fee Litigation Headed For Its Dudenhoeffer?

    Mark Bieter

    Recent signs show that the nationwide deluge of class actions challenging fees and services in large corporate 401(k) plans are starting to even out. This is a development warmly welcomed by plan sponsors and the financial industry, as for the past decade there’s generally been one hand winning, and it wasn’t theirs, says Mark Bieter of Groom Law Group.

  • Opinion

    Rum, Cannabis And The 4th Amendment: A History Lesson

    Collin Wedel

    U.S. Attorney General Jeff Sessions recently made his first move against legal marijuana by reversing the U.S. Justice Department’s policy of not enforcing federal cannabis laws in states that had legalized it. Sessions might be wise to study how a crackdown on contraband rum helped incite the American Revolution and influenced the U.S. Constitution, says Collin Wedel of Sidley Austin LLP.

  • Innovator Liability: A Pandora’s Box For Pharma Cos.?

    Monee Hanna

    A number of state high courts have recently held brand-name prescription drug manufacturers liable for inadequate labeling claims brought by patients who took generic equivalents. While only a few states have endorsed this doctrine, the trend may be growing, say Monee Hanna and Nicholas Janizeh of Tucker Ellis LLP.

  • Avocado Market Ripe For Change — And Patents

    Claire Bendix

    At the end of 2017, avocados were scarce and prices were rising. Finding the next big avocado variety is a key goal among breeders, and it is essential that an effective intellectual property strategy is in place for any new variety, says Claire Bendix of Morrison & Foerster LLP.