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California

  • August 13, 2018

    Investors Secure Class Cert. In Biotech Stock-Drop Case

    A California federal judge on Monday certified a shareholder class alleging that biotech company NantKwest didn’t tell investors the company had incurred over $114 million in executive compensation expenses for its chief executive officer prior to its $225 million initial public offering in 2015.

  • August 13, 2018

    LED Co. Wins $66M In Trade Secrets Row With Chinese Rival

    A California jury awarded LED lighting company Lumileds LLC $66 million on Friday, finding that the chairman of China’s Elec-Tech International Co. Ltd. had paid a former Lumileds employee to steal trade secrets so that he could implement them in his company’s products.

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability.

  • August 13, 2018

    Michael Kors Wage Class Action Likely Headed To Arbitration

    A California federal judge on Monday tentatively ruled that Michael Kors USA Inc. and a staffing company can send to individual arbitration a woman’s putative class action alleging the companies stiff workers on overtime and withhold rest and meal breaks.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo.

  • August 13, 2018

    Calif. High Court Says High-Interest Loans May Be Illegal

    The high interest rates on CashCall’s consumer loans worth more than $2,500 could be unconscionable, the California Supreme Court said Monday, answering the Ninth Circuit’s query on whether the state’s Financial Code, which lays out interest caps on loans under $2,500, could apply to larger debts.

  • August 13, 2018

    After 'Untenable' IP Case, Judge Says MoFo Is Owed Fees

    A California federal judge on Monday sided with a team of Morrison & Foerster LLP attorneys who helped Genentech Inc. beat a patent infringement suit by Phigenix Inc. over the breast cancer drug Kadcyla, granting attorneys’ fees after finding Phigenix had “stubbornly proceeded with an untenable case.”

  • August 13, 2018

    Apple Seeks To Stop Class Action Bid Over Cracked Watches

    Apple urged a California federal judge Friday to toss a proposed class action accusing the company of selling millions of watches with defective screens that can crack or shatter, saying the watch that prompted the suit broke after the warranty expired.

  • August 13, 2018

    5 State AGs Argue Against $62B Bayer-Monsanto Deal

    In opposition to Bayer AG’s planned $62 billion acquisition of Monsanto Co., the attorneys general of California, Iowa, Massachusetts, Mississippi and Oregon sent a comment letter to the U.S. Department of Justice, arguing that the deal would concentrate an already narrow seed market and threaten innovation.

  • August 13, 2018

    China Telecom Unit Smacked With TCPA Suit Over Robocalls

    An American subsidiary of state-owned China Telecom Corp. Ltd. has been hit with a proposed class action in California federal court alleging that the telecom provider has violated the Telephone Consumer Protection Act by bombarding consumers with robocalls.

  • August 13, 2018

    Nursing Home Can't Arbitrate Suit, Calif. Appeals Court Says

    A California state appellate court on Friday denied a skilled nursing facility's petition for arbitration in a suit alleging negligence and elder abuse, finding that the patient who signed the agreement lacked the mental capacity to form a binding agreement when he was admitted to the care center.

  • August 13, 2018

    Calif. Panel Nixes WinCo Foods Meal Break Suit

    A California state appellate court on Monday upheld the dismissal of a proposed class action accusing supermarket chain WinCo Foods LLC of stiffing hourly workers at a California location of some meal breaks, saying the parties legally waived breaks for certain shifts in a collective bargaining agreement.

  • August 13, 2018

    9th Circ. Snuffs Out Tobacco Co.'s Challenge On $58M Tax Tab

    The Ninth Circuit on Monday allowed the U.S. to collect $58 million from a Native American-owned tobacco manufacturer for unpaid federal excise taxes and related interest and penalties because neither a congressional statute nor a treaty with the Yakama Nation from the 1800s created exemptions for tax liabilities.

  • August 13, 2018

    Farmers, Dairy Co-Op Reach $40M Deal To End Milk Price Suit

    A California federal court was asked Monday to approve a $40 million settlement to resolve putative claims for tens of thousands of dairy farms alleging that cooperative DairyAmerica Inc. and affiliate California Dairies conspired to boost profits by lowballing milk prices paid to farmers.

  • August 13, 2018

    Katy Perry Likely Can't Dump Christian Rappers' IP Suit

    A California federal judge on Monday tentatively refused to dismiss a Christian rap group’s suit that alleges Katy Perry’s hit “Dark Horse” is a rip-off, saying the possibility that Perry’s writers heard the rap group’s song before writing their hit likely cannot be ruled out.

  • August 13, 2018

    9th Circ. Affirms $5M Ferry Crash Award Clearing Boat Owner

    The Ninth Circuit has effectively affirmed a $5.2 million jury award in a suit accusing a San Francisco Bay passenger ferry of negligently colliding with a recreational speedboat, saying the boat’s owner was merely a passenger and can’t be blamed for allegedly failing to keep a proper lookout.

  • August 13, 2018

    Facebook Wants Calif. Cambridge Analytica Suit Tossed

    Facebook Inc. on Friday urged a California federal court to dismiss five derivative suits filed by shareholders against the social network's board of directors after the Cambridge Analytica data privacy scandal, saying the investors have not shown that company brass were aware of the research firm's data siphoning.

  • August 13, 2018

    9th Circ. Rips Judicial Notice Trend In Securities Suits

    A Ninth Circuit panel on Monday took issue with a "concerning pattern" in securities fraud cases, saying corporate defendants are exploiting judicial notice procedures by submitting dozens of documents to improperly defeat viable complaints early in litigation.

  • August 13, 2018

    Enviros Can't Stop Calif. Housing Permit Over Density Worries

    A California appeals court rejected a conservation group’s challenge to a plan to build six single-family homes on an approximately 11-acre piece of land in the city of Riverside, deciding that there was no basis for the group’s assertion that a further environmental assessment was needed.

  • August 13, 2018

    Man Gets 8 Years In Prison For Oil And Gas Scheme

    A federal judge on Friday sentenced a man to more than eight years in prison for wire fraud and money laundering in connection with allegations that he falsely told investors he owned oil and gas leases in Montana, Texas and Oklahoma, including on the Blackfeet Indian Reservation.

Expert Analysis

  • Federal Inaction And State Activity: Student Loan Edition

    David Gettings

    As a result of waning federal involvement, states have increased their roles in the regulation and litigation of private student loans, and servicers and lenders now confront an amorphous environment policed by a diverse cast. And with student loan defaults rising, state enforcement activities may not be the only increase in litigation the industry sees, say attorneys at Troutman Sanders LLP.

  • 9th Circ. Exposes Foreign Issuers To New Liability

    Jared Gerber

    The Ninth Circuit’s decision in Stoyas v. Toshiba has important consequences for determining the extraterritorial scope of the federal securities laws, particularly with respect to unsponsored American depositary receipts and other transactions in which the named foreign entity may not have been involved, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Spokeo Strikes Again: Why Challenges To Standing Are Key

    David Anthony

    In Dutta v. State Farm Mutual Automobile Insurance Company, the Ninth Circuit recently affirmed the district court’s decision granting summary judgment to State Farm in a putative Fair Credit Reporting Act class action. The decision presents another helpful application of the U.S. Supreme Court’s 2016 Spokeo opinion, say attorneys at Troutman Sanders LLP.

  • Altera Reversal Is A Transfer Pricing And APA Win For IRS

    David Fischer

    Last week’s Ninth Circuit decision in Altera Corp. v. Commissioner of Internal Revenue has important implications for both the future of transfer pricing and the Administrative Procedure Act. Already under intense discussion, the decision may pave the way for the U.S. Supreme Court to reconsider Chevron deference, say attorneys at Crowell & Moring LLP.

  • 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.