California

  • February 13, 2018

    VidAngel Asks 9th Circ. To Revive Claims Against Studios

    VidAngel Inc. urged the Ninth Circuit on Monday to revive its antitrust counterclaims against Disney Enterprises Inc., Lucasfilm Ltd. LLC and other studios in their copyright suit against the streaming service, arguing a California federal judge held its conspiracy theory to too harsh a standard.

  • February 13, 2018

    Verizon Users Can't Sustain 'Supercookies' Suit, Court Told

    Online marketer Turn Inc. on Monday previewed its latest strategy for shaking a recently resurrected putative class action claiming it secretly tracked Verizon subscribers with "supercookies," telling a California federal court that the plaintiffs have failed to allege a concrete injury and had authorized the disputed data collection.

  • February 13, 2018

    Split 9th Circ. Backs EpiCept Win In Patent-Deal Suit

    A split Ninth Circuit panel on Tuesday affirmed a jury decision in favor of EpiCept Corp. in a suit brought by doctors who claim the pharmaceutical company breached its contract by failing to develop patents into FDA-approved drugs, finding that the jury was adequately instructed.

  • February 13, 2018

    Ramen Cos. Seek To Decertify Buyers In Price-Fixing Row

    A pair of Korean ramen noodle companies asked a California federal judge Tuesday to decertify an indirect-purchaser class of noodle buyers from six states in a price-fixing action against the companies, arguing that a recent Ninth Circuit ruling raises the bar on certification of multistate classes.

  • February 13, 2018

    Economists Ask 9th Circ. To Revive NFL Sunday Ticket Suit

    A group of 11 economists from U.S. universities told the Ninth Circuit on Monday that a California federal court misapplied economic principles when it dismissed multidistrict litigation challenging an exclusivity agreement between the NFL and DirecTV over its "NFL Sunday Ticket" package.

  • February 13, 2018

    Disney Says DVD Box Clearly Bars Redbox Download Resales

    Disney urged a California federal judge Monday not to toss its lawsuit alleging Redbox resells digital download codes for Disney flicks, arguing that terms clearly printed on the box prevent the movie rental giant from hawking the downloads on the secondary market.

  • February 13, 2018

    Calif. Jury Finds BofA Blacklisted, Defamed Ex-Worker

    A California federal jury on Tuesday found Bank of America NA illegally blacklisted and defamed a former BofA client manager when it listed her with a fraud reporting agency, awarding the former employee compensatory and punitive damages that could surpass $1.6 million.

  • February 13, 2018

    Nomadix Must Cough Up Patent Info In $11M Licensing Row

    A California federal judge on Monday ordered network device maker Nomadix Inc. to disclose patent information related to the counterclaims filed against it by a hotel entertainment company, explaining that the patent licenses could help establish damages in an $11 million suit over unpaid royalties.

  • February 13, 2018

    Judge Denies Phoenix New IP Trial But Refuses VMware Fees

    A California federal judge on Monday rejected Phoenix Technologies Ltd.'s efforts to roll back a jury's finding that VMware Inc. did not infringe copyrights for basic computer input-output firmware, but declined to award VMware $11 million in legal fees.

  • February 13, 2018

    9th Circ. Skeptical Insurer Must Cover HotChalk FCA Suit

    A Ninth Circuit panel on Tuesday questioned HotChalk Inc.'s argument that Scottsdale Insurance should cover costs from a False Claims Act suit over the education technology company’s employee compensation policy, with the judges saying the litigation likely fell under the insurer’s broad exclusion for suits “arising out of” client services.

  • February 13, 2018

    Calif. Sues Mitsuba In Auto Parts Price-Fixing MDL

    California sued Japanese auto parts manufacturer Mitsuba Corp. and its U.S. unit Monday alleging the companies took part in a massive conspiracy to rig bids and fix prices for a variety of auto parts that are subject to sprawling multidistrict litigation in Michigan federal court.

  • February 13, 2018

    Jury Awards Microsoft $278K In Office IP Row With Corel

    A California federal jury declined Microsoft’s request for more than $1 million and awarded it just $278,000 Tuesday in a suit over Corel Corp.’s infringement of patents related to its Office software, finding Corel had willfully infringed nine patents but hadn't learned of the infringement until Microsoft sued.

  • February 13, 2018

    Eli Lilly Says Cymbalta Users Can't Reopen Axed Case

    Eli Lilly and Co. urged a California federal court Monday not to reopen a proposed class action alleging the drugmaker hid the withdrawal risks of the antidepressant Cymbalta, saying the proposed class voluntarily dismissed their suit knowing that a U.S. Supreme Court decision could block them from appealing.

  • February 13, 2018

    19 AGs Blast 2020 Census Citizenship Question

    A coalition of 19 attorneys general and others urged the U.S. Department of Commerce on Monday to reject the addition of a citizenship question to the 2020 decennial census, arguing it would undermine the accuracy of the population count and violate the census’ obligations under federal law.

  • February 12, 2018

    LA Property Owner Pushes For Trial In Fred Segal TM Suit

    A Los Angeles retail property investor facing trademark infringement claims from Fred Segal LLC urged a California federal judge on Monday to “at a minimum” send the case to a jury after she tentatively ruled to dismiss their counterclaims alleging they have a right to keep the fashion brand’s sign up on an iconic ivy-covered property on Melrose Avenue.

  • February 12, 2018

    9th Circ. Judge: Tribe ‘Did Nothing’ To Stop Rival Casino

    During a hearing Monday, a Ninth Circuit judge asked whether the Cachil DeHe Band of Wintun Indians of the Colusa Indian Community waived its right to challenge another tribe’s proposed casino hotel when it “did nothing” to notify the U.S. Department of the Interior about the project’s effect on its own casinos.

  • February 12, 2018

    9th Circ. OKs Sanctions For First Solar Wrongful Death Suit

    A California federal judge correctly found that a workers' compensation deal preempted a suit against First Solar Inc. over an employee killed while inspecting its power plant, and his estate's attorneys were properly sanctioned for making arguments they should have known were frivolous, the Ninth Circuit ruled Monday.

  • February 12, 2018

    UnitedHealth Can't End DOJ Suit In Big FCA Battle

    A California federal judge on Monday preserved a U.S. Department of Justice lawsuit accusing UnitedHealth Group Inc. of exaggerating patient illnesses in Medicare Advantage, handing the government a crucial win in a new realm of False Claims Act litigation.

  • February 12, 2018

    IRS Asks Court To Toss Facebook's Tax Appeal Suit

    The government asked a California federal court on Friday to dismiss allegations by Facebook Inc. that the Internal Revenue Service unjustly denied it its right to contest an adjustment to its taxes with the IRS appeals office, saying the company suffered no actual harm.

  • February 12, 2018

    Gibson Dunn Scores IP Transactions Partner In Silicon Valley

    Gibson Dunn & Crutcher LLP announced Monday that it had hired a White & Case LLP partner with a high-profile intellectual and technology transactions practice for its Silicon Valley office.

Expert Analysis

  • 3 Enforcement Priorities For State AGs In 2018

    Joe Jacquot

    State attorney general campaigns will be in full swing with 31 elections this year. In addition to three top substantive areas, campaign issues themselves will influence how state attorneys general prioritize enforcement, says Joe Jacquot, former chief deputy attorney general of Florida, now with Foley & Lardner LLP.

  • A Look At Recent Efforts To Contain Health Care Costs

    Andrew Bab

    At both the federal and state levels, government payors and other entities have developed initiatives to contain costs and promote accessibility to reasonably priced health care, while private payors are pursuing similar objectives through vertical integration, say attorneys with Debevoise & Plimpton LLP.

  • Indirect Purchaser Cases In 2017: Key Appeals Court Rulings

    Chris Micheletti

    As with 2016, there were no major U.S. Supreme Court decisions impacting indirect purchaser claims in 2017. Unlike 2016, however, several circuit court decisions addressed important issues such as ascertainability, 23(b)(3) predominance, and indirect versus direct purchaser status, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • The Broader Implications Of Sessions’ Marijuana Move

    Markus Funk

    Beyond what it heralds for the marijuana industry, Jeff Sessions’ memo on marijuana enforcement signals a new era of increasingly decentralized federal prosecutorial power, say attorneys with Perkins Coie LLP, including former Colorado Chief Justice Michael Bender.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • Hidden Insights In FERC's 2017 Enforcement Report

    Paul Pantano Jr.

    The Federal Energy Regulatory Commission’s 2017 report on enforcement offers important insights for market participants on a range of topics, including how sloppy transaction reporting can lead to market manipulation investigations, and how inaccurate advice of counsel can, in some situations, be a defense, say Paul Pantano Jr. and Thomas Millar of Willkie Farr & Gallagher LLP.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • Opinion

    Can California Survive Without Tort Reform?

    Anthony Caso

    High taxes, excessive regulation and a lawsuit-happy culture are pushing businesses out of California — and the taxes they and their employees pay are going with them. Voters must scrutinize new ballot propositions, and demand reform of the state's civil liability system and elimination of unnecessary laws, says Anthony Caso, director of the Claremont Institute’s Constitutional Jurisprudence Clinic at Chapman University Fowler School of Law.

  • 4 Ways Tax Reform May Affect The Sports World

    Michael Rueda

    The Tax Cuts and Jobs Act of 2017 limits deductions on state and local income, sales and property taxes up to $10,000 per year. This new limitation may provide certain sports teams, particularly those in states like Texas and Florida, an advantage in attracting and signing talent, say Michael Rueda and David Lehn of Withers Bergman LLP.