California

  • December 12, 2017

    Disney Can’t Cut Claims From ‘Turner & Hooch’ Profit Suit

    A California judge on Tuesday shut down Disney’s attempt to trim a lawsuit accusing the studio of failing to pay the producer of “Turner & Hooch” a fair share of the film’s profits, finding that business violations and intentional interference claims aren’t moot despite a recently completed audit.

  • December 12, 2017

    Calif., NM Urge Judge To Nix Challenges To BLM Flaring Rule

    California and New Mexico on Monday urged a Wyoming federal judge to deny a bid by several other states and industry groups to undo the U.S. Bureau of Land Management’s rule aimed at limiting the release of methane from drilling operations on federal and Native American lands.

  • December 12, 2017

    Madden Games Maker Can't Toss Ex-NFLer's Suit

    A California federal judge on Monday refused to dismiss Electronic Arts Inc. from a retired NFL player's putative class action alleging the game maker improperly used their likenesses in Madden video games, saying a recent Ninth Circuit decision EA based its motion on did not preempt the players’ right of publicity claims under the Copyright Act.

  • December 11, 2017

    Dueling Experts Tee Up Closing Arguments In MDs’ Fraud Trial

    Opposing experts testified Monday about the mental health of a doctor claiming she was legally insane at the time she and her surgeon boyfriend allegedly committed health care fraud and money laundering as the California federal trial wound down, setting the stage for closing arguments to begin Tuesday.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is winning over converts. And the peer pressure is building for rival law firms to join the bandwagon.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    Jury Sides With San Diego Comic-Con In Trademark Spat

    A California federal jury on Friday found in favor of San Diego Comic Convention when it ruled that a rival event in Utah infringed its valid trademarks related to “comic-con,” setting the stage for the long-running Southern California pop culture event to seek a permanent injunction to prevent future usage.

  • December 11, 2017

    Facebook Seeks Quick Win, Users Seek Cert. In Privacy Row

    Facebook asked a California federal judge Friday to grant it a quick win on jurisdictional grounds in a suit brought by users accusing the social media giant of unlawfully storing their facial scans without permission.

  • December 11, 2017

    Pierce Sergenian Shakeout Produces A Split-Off Boutique

    Less than a year into its existence, Los Angeles litigation boutique Pierce Sergenian LLP has been renamed Pierce Burns LLP after two members split to form their own boutique as a result of a clash between the original name partners over their long-term visions, Law360 has learned.

  • December 11, 2017

    LA Boutique Says Ex-Gibson Dunn Atty Owes $140K In Fees

    A former Gibson Dunn & Crutcher LLP partner skipped out on $140,000 in legal fees owed to Los Angeles-based boutique Brown Neri Smith & Khan LLP for an elderly abuse case, according to a state court suit filed Friday that said the former partner had even praised the boutique’s work with some freshly baked bread.

  • December 11, 2017

    Dunmore Owner Must Cough Up $16M In Travelers Bond Row

    The former owner of defunct home builder Dunmore Homes Inc. has been hit with an order in a California federal court directing him to cough up millions of dollars that he allegedly has stashed overseas in order to satisfy a $16 million judgment Travelers won in a bond insurance suit.

  • December 11, 2017

    Futility Issue Frustrates Apple Investor Suit, Calif. Panel Says

    A California appeals court ruled Monday that Apple Inc. investors who tried to update their suit against company board members over their role in a Silicon Valley recruiting scandal had to show that it would be futile to ask Apple's current board to take action, rather than the board in place when the suit was first filed.

  • December 11, 2017

    Sinking Kids’ Climate Suit Would ‘Flood’ 9th Circ., Judge Says

    The Ninth Circuit’s chief judge said Monday the court would be “absolutely flooded with appeals” if it sided with the U.S. Department of Justice and reversed an Oregon federal judge's ruling that gave 21 children a green light to sue the executive branch for allegedly endangering them and future generations with policies that contribute to climate change.

  • December 11, 2017

    UnitedHealth Wants Out Of Medicare FCA Suit

    UnitedHealth Group Inc. on Friday urged a California federal court to scrap a False Claims Act suit claiming the insurer overcharged Medicare by submitting information that made patients seem sicker than they were, arguing the federal government knew about submission errors but didn’t consider them important.

  • December 11, 2017

    VW Says Owners Who Sold Cars Pre-Scandal Have No Claim

    Volkswagen AG and Bosch on Friday asked a California federal court to ax claims by a proposed class of drivers who offloaded their diesel cars before the diesel emissions scandal broke in September 2015, saying they didn’t suffer a loss in retail value for their vehicles.

  • December 11, 2017

    SEC Halts Food Review Co.’s $15M ICO For Not Registering

    The U.S. Securities and Exchange Commission on Monday said it had shut down a $15 million initial coin offering for a California-based online food review company because the digital tokens being sold to investors had not been registered with the commission.

  • December 11, 2017

    DHS Settles FOIA Suit Over Irish Olympic Coach

    A California federal court on Monday approved a deal between the U.S. Department of Homeland Security and an investigative journalist suing under the Freedom of Information Act to obtain the details of what allowed a former Irish Olympic swim team coach accused of sexual assault to immigrate to the United States.

  • December 11, 2017

    States, AFL-CIO Back Seattle's Uber Union Law In 9th Circ.

    A dozen states and the AFL-CIO threw their support behind the city of Seattle on Friday, telling the Ninth Circuit that a local ordinance allowing Uber and Lyft drivers to unionize should be upheld because it’s covered by state-action immunity and doesn’t violate federal antitrust law.

  • December 11, 2017

    Trump Sued By Refugees In Calif. Court Over 3rd Travel Ban

    A group of refugees and immigrants and a social services organization on Friday amended a putative class action in California federal court to challenge President Donald Trump’s third travel ban, saying it is yet another attempt to target Muslims.

Expert Analysis

  • Plavix Ruling Raises Learned Intermediary Questions

    Stefanie Colella-Walsh

    A federal judge in New Jersey recently granted summary judgment to drug manufacturers in a lawsuit alleging that Plavix caused gastrointestinal bleeding. The multidistrict litigation court, sitting in New Jersey, applied California's learned intermediary doctrine, but may not have reached the same conclusion had it applied New Jersey law, say Stefanie Colella-Walsh and Martin Schrama of Stark & Stark.

  • 6 New Calif. Employment Laws To Know In 2018

    Julia Trankiem

    The past several years have been particularly active in the California Legislature, in both creating new rights and responsibilities under state employment law and amending and expanding existing workplace mandates. The 2017 legislative session was no different, and brought about some considerable changes that will dramatically affect many employers’ practices, say attorneys with Reed Smith LLP.

  • FinCEN Expands Anti-Money Laundering Targeting Orders

    John Rollins

    As signaled by its continued extension and expansion of its Geographic Targeting Program, the U.S. Department of the Treasury's Financial Crimes Enforcement Network will keep the high-end real estate industry firmly in its crosshairs, and may target additional segments of the U.S. real estate sector next, say John Rollins and Ahmed Eltamami of Stout Risius Ross LLC.

  • Clarifying CERCLA Allocation For Gov't Contractors

    Thomas Dimond

    Following the Ninth Circuit's recent decision in TDY Holdings v. U.S., government contractors and others whose property and equipment was used to support wartime production should be aware of several factors that could determine whether you obtain significant Comprehensive Environmental Response, Compensation and Liability Act contribution from the federal government, say Thomas Dimond and Kelsey Weyhing of Ice Miller LLP.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • COPPA: The Latest Chapter In Consumer Class Actions

    Perrie Weiner

    Though the Children’s Online Privacy Protection Act does not provide a private right of action, a recent spate of consumer class actions have attempted to use the law as a predicate for asserting violations of common law privacy-related torts and various state consumer protection statutes, say attorneys at DLA Piper LLP.

  • Why Asking About Salary History Is Risky Anywhere

    Joseph Kroeger

    Recently there has been significant attention around new laws and ordinances that prohibit employers from asking job applicants about their salary history in various U.S. states and cities. But are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly, say Joseph Kroeger and Audrey Roberts of Snell & Wilmer LLP.

  • Idea Theft And Free Speech: A 9th Circ. Victory For Writers

    Glen Kulik

    The Ninth Circuit's recent anti-SLAPP ruling in Jordan-Benel v. Universal City Studios is the most significant decision of the past decade in the field of idea theft litigation in California, say Glen Kulik and Patricia Brum of Kulik Gottesman Siegel & Ware LLP.

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.

  • The Broad Reach Of Medicare Act’s Preemption Provision

    Jeffrey Bushofsky

    When defending claims involving Medicare, it is important to consider whether they may be preempted by state or local laws. An Illinois federal court's recent decision in Mayberry v. Walgreens highlights just how far Medicare preemption can reach, say attorneys with Ropes & Gray LLP.