• March 19, 2018

    HTC Beats $45M Virtual Reality Patent Suit, For Now

    A California federal judge on Friday tossed with leave to amend a $45 million lawsuit alleging HTC America Inc.’s VIVE headsets infringe two virtual reality application patents, finding the patents are valid under the Supreme Court’s Alice ruling but the allegations need to be more detailed for the case to move forward.

  • March 19, 2018

    High Court To Review Bond Hearings For Criminal Immigrants

    The U.S. Supreme Court agreed Monday to hear the federal government’s appeal of two rulings that found only convicted immigrants who enter immigration custody soon after being released from criminal custody may be detained without bond hearings.

  • March 16, 2018

    Uber Drivers Defend Standing In Data Hack Suit After Zappos

    Drivers alleging Uber lied about a 2014 data breach that compromised their sensitive personal information told a California federal judge Friday that the Ninth Circuit’s recent Zappos ruling underscores that the mere risk of future identity theft from the hack gives them standing to pursue their putative class action.

  • March 16, 2018

    Trump Wants Stormy Daniels Fight Moved To Fed. Court

    President Donald Trump has asked a California federal court to take on Stormy Daniels’ suit over an allegedly void hush contract, as his personal attorney’s consulting company claimed she had violated the deal 20 times and could owe $20 million in damages, according to court filings Friday.

  • March 16, 2018

    SEC’s Silicon Valley Scrutiny Comes To Bloom In New Cases

    Two years after the U.S. Securities and Exchange Commission put Silicon Valley on notice about complying with Wall Street’s rules, the agency has delivered a pair of enforcement actions that show its focus on the California region hasn’t lessened and may even heat up.

  • March 16, 2018

    Charter Faces Civil Rights Suit Over Spanish-TV Snub

    A lawsuit alleging Charter Communications Inc. violated state civil rights law by refusing to carry a number of Spanish stations including Azteca America was moved from state to California federal court Thursday in a case similar to other pending litigation in which Charter is defending broadcast selectivity on First Amendment grounds.

  • March 16, 2018

    'Unicorn' Zscaler Surges After Pricing Upsized $192M IPO

    Shares of cybersecurity startup Zscaler Inc. more than doubled in a sizzling debut on Friday, one day after the technology “unicorn” priced an upsized $192 million initial public offering above its projected range, representing the largest of four IPOs during the week of March 12.

  • March 16, 2018

    Kodak Patent Owner Sues DJI, Hasselblad Over Photo Tech

    Monument Peak Ventures LLC, a Texas subsidiary of Dominion Harbor Enterprises that claims to own more than 1,000 Kodak patents, sued drone-maker DJI Technology Inc. and camera manufacturer Hasselblad Inc. Friday in California federal court, accusing them of refusing to correctly license imaging patents used in their products.

  • March 16, 2018

    United Airlines Pay Stub Row May Need Calif. Justices' Help

    A Ninth Circuit judge told United Airlines Inc. pilots and flight attendants Friday that courts have clashed on when California law applies in disputes like theirs alleging an employer's pay stubs fall short of state requirements, saying California’s high court may need to weigh in.

  • March 16, 2018

    Safeway’s Olive Oil False Ad Deal OK'd, Attys Get $1.4M

    A California judge said Friday she’ll approve Safeway’s settlement that provides a class of store-brand olive oil buyers with a $1.50 voucher or 50 cents cash and awards their attorneys $1.42 million in fees and expenses, resolving allegations the grocery store chain falsely labeled olive oil as “imported from Italy.”

  • March 16, 2018

    Enviros Demand Feds Designate Humpback Critical Habitat

    A coalition of Native-led and environmental organizations filed suit Thursday against the National Marine Fisheries Service, alleging it has not acted quickly enough to designate critical habitat to protect three distinct populations of humpback whales that are endangered or threatened.

  • March 16, 2018

    Fiat Chrysler, Bosch Must Face EcoDiesel Emissions MDL

    Fiat Chrysler and Bosch must face consumers’ fraud and racketeering claims in multidistrict litigation in California over Jeep and Ram diesel trucks allegedly outfitted with emissions-cheating devices, a federal judge ruled late Thursday.

  • March 16, 2018

    Up Next At High Court: Calif. Abortion Law, Tribal Immunity

    The Supreme Court’s headline-making term is far from over as the justices return this week for a politically charged case over California’s abortion disclosure law and a dispute that could result in more lawsuits against Native American tribes.

  • March 16, 2018

    Delta Flight Attendants Urge 9th Circ. To Revive Wage Suit

    A putative nationwide class of Delta flight attendants asked a Ninth Circuit panel Friday to revive allegations they aren’t compensated on an hourly basis for all their work, arguing that under California law they should be compensated for work performed on the ground in the Golden State before and after flights.

  • March 16, 2018

    Microsoft Wants Corel To Pay Attys Fees For $278K IP Verdict

    Microsoft has asked a California federal court to add its attorneys' fees to the $278,000 verdict it scored against Corel last month for infringing patents related to its Office software, in a move that could add substantially to the relatively milquetoast judgment.

  • March 16, 2018

    Calif. Climate Suits Sent Back To State Court In Fed Split

    A California federal judge Friday sent back to state court climate change torts lodged by a trio of municipalities against dozens of oil, gas and coal companies, creating a split with another judge who’s said similar suits filed by San Francisco and Oakland belong in federal court.

  • March 16, 2018

    BofI Gets Early Exit From Securities Class Action

    A California federal judge on Thursday tentatively dismissed with prejudice the latest attempt by investors to sue the holding company of BofI Federal Bank for allegedly making false or misleading statements to the public, finding the investors still hadn’t linked stock value losses to the alleged misrepresentations.

  • March 16, 2018

    BALCA Denies OK Of Maid’s Employment Over Flawed Report

    The Board of Alien and Labor Certification Appeals on Thursday affirmed a certifying officer’s denial of permanent labor certification for a maid in Pacific Palisades, California, finding that the employer's recruitment report was deficient.

  • March 16, 2018

    9th Circ. Affirms Ex-CBP Official's Bribery Convictions

    The Ninth Circuit on Thursday affirmed six jury convictions against a former U.S. Customs and Border Protection official for his participation in a scheme to pay bribes to government employees to obtain green cards and other benefits for immigrants, saying questions about his past were fair game.

  • March 16, 2018

    Cruise Photographer Who Shot Murder Scene Must Arbitrate

    A California federal judge has sent to arbitration a suit filed by a photographer who worked on a Princess cruise vessel and claims he suffers from post-traumatic stress disorder because he was forced to document the scene of an alleged murder aboard the ship.

Expert Analysis

  • A 2017 Roundup Of Calif. Anti-SLAPP Appellate Decisions

    Thomas Burke

    California’s anti-SLAPP statute remains the strongest — and most frequently litigated — statute of its kind in the nation. Last year California’s state and federal appellate courts issued 34 published opinions and more than 169 unpublished opinions interpreting the statute. And the California Supreme Court twice reaffirmed the statute’s broad construction, says Thomas Burke of Davis Wright Tremaine LLP.

  • Google Equal Pay Case Could Have Far-Reaching Impact

    Debra Ellwood Meppen

    Following the recent filing of an amended complaint, if the class action is certified in Kelly Ellis v. Google — a case alleging gender-based pay discrimination — ramifications will trickle down into every business, large or small, that employs men and women, say Debra Ellwood Meppen and Laurie DeYoung of Gordon & Rees LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • PG&E Ruling May Mean More Challenges To Incentive Adders

    Paul Pantano Jr.

    The Ninth Circuit recently rejected the Federal Energy Regulatory Commission’s grant of incentive adders to Pacific Gas & Electric’s rate of return calculations for the utility's continued participation in the markets operated by the California Independent System Operator. The decision may open the door for more challenges to public utilities’ rate filings, say attorneys with Willkie Farr & Gallagher LLP.

  • Tips For Drafting Contractual Nonreliance Clauses

    Amy Park

    Contractual nonreliance provisions, sometimes called “big boy” letters, have received their fair share of attention, but little attention has been paid to the effect forum selection and choice-of-law issues have on such provisions. The choice of where to litigate and which law will govern can significantly impact, if not conclusively determine, the outcome of a dispute, say Amy Park and Niels Melius of Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.

  • Eminent Domain In The Wake Of Natural Disasters

    Briggs Stahl

    When states and municipalities rebuild permanent infrastructure following disasters, they may be able to reduce the damages caused by eminent domain by planning carefully. In particular, examining preventative solutions allows more time for planning and designing projects to reduce future damages to owners, says Briggs Stahl of RGL Forensics.

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.