California

  • April 28, 2017

    Banking Giants Hit With Indirect Investors' Forex Rig Suit

    JPMorgan Chase & Co., Bank of America Corp. and several other major banks are facing yet another proposed class action for allegedly manipulating the foreign exchange market, after investors who indirectly bought the firms' products sued Friday.

  • April 28, 2017

    9th Circ. Upholds FWS Decision Not To Protect Whitebark Pine

    A Ninth Circuit panel on Friday affirmed a quick win given to the federal government in an environmental suit challenging the finding that listing a pine tree species as a threatened or endangered species is “warranted but precluded,” saying the finding satisfied federal law.

  • April 28, 2017

    New Allergan Fat-Freezing Unit Hit With False Ad Suit

    A recently acquired Allergan plc unit is capitalizing on a confusing element of the U.S. Food and Drug Administration’s marketing process to trick customers into thinking its fat-freezing system has the agency’s approval, according to a proposed class action in California on Thursday.

  • April 28, 2017

    Wine Co. Can't Clip Bourbon Co.'s TM Suit Except In Damages

    A California federal judge ruled Thursday there are triable issues of fact as to whether a wine producer infringed trademarks for Sazerac Co.’s Buffalo Trace bourbon but that the bourbon maker cannot recover monetary damages since it never provided any royalty calculations.

  • April 28, 2017

    Sprint Whistleblower Stays Locked Out Of $15.5M FCA Deal

    A former federal prosecutor turned whistleblower isn’t entitled to a chunk of the government’s $15.5 million False Claims Act settlement with Sprint, a Ninth Circuit panel said in a published decision Friday, concluding it didn’t matter if the government’s suit was based on his own tossed case against several telecoms.

  • April 28, 2017

    Sheppard Mullin Adds MSK's Employment Partner In Calif.

    Sheppard Mullin Richter & Hampton LLP has hired a Mitchell Silberberg & Knupp LLP partner who’s represented corporate clients in a variety of contract and employment disputes to join the firm’s labor and employment practice group in Los Angeles' Century City, the firm said Friday.

  • April 28, 2017

    Glaser Weil DQ Bid Back In Play In Tupac Biopic Row

    A California appeals court found Thursday that a lower court abused its discretion when it refused to disqualify Glaser Weil Fink Jacobs Howard Avchen & Shapiro LLP from representing a Hollywood production company in a suit over financing a Tupac Shakur biopic, finding the court failed to apply the “substantial relationship” test between the firm and the parties in the case.

  • April 28, 2017

    Moinian Scores $120M Bank Of China Loan For LA Property

    The Moinian Group has scored a $119.75 million loan from the Bank of China for a Jewelry District property in downtown Los Angeles, according to an announcement from Moinian on Friday.

  • April 28, 2017

    Facebook Can Take Birthday Text Class Action To 9th Circ.

    A California federal judge ruled Thursday that Facebook could appeal his rejection of its motion to dismiss a putative class action alleging its text message reminders about friends’ birthdays violate the Telephone Consumer Protection Act, over the opposition of both the proposed class and the government.

  • April 28, 2017

    9th Circ. Affirms US Bank's Quick Win In Age Bias Suit

    The Ninth Circuit declined Thursday to revive an age bias suit from a former U.S. Bancorp Inc. financial adviser, saying he was fired because of poor performance, not because he was past his 68th birthday.

  • April 28, 2017

    FTC Slams Objections To VW Emissions Fraud Settlements

    The Federal Trade Commission on Thursday fired back at objections to the multibillion-dollar settlements between car owners, Volkswagen and Robert Bosch GmbH in Volkswagen’s emissions cheating scandal, saying that the money involved in the three deals at issue was properly allocated and free of any conflict.

  • April 28, 2017

    Health Hires: 8 Firms Add Health, Life Sciences Experts

    The last few weeks have seen Cooley LLP, DLA Piper, Faegre Baker Daniels Consulting, Fox Rothschild LLP, King & Spalding LLP, Nossaman LLP, Polsinelli PC and Porzio, Bromberg & Newman PC expand their expertise in the health and life sciences worlds.

  • April 28, 2017

    Dr Pepper Says Consumers’ False Ad Claims Unsupported

    Dr Pepper Snapple Group Inc. urged a California federal judge Thursday to toss a putative class action brought by consumers accusing the beverage maker of falsely advertising that its Canada Dry ginger ale contains ginger, saying the consumers fail to support their claims.

  • April 28, 2017

    Tech Co. Dodges Stock Drop Case, But Investors Get 2nd Try

    A California federal judge dismissed a proposed securities fraud class action Thursday against Extreme Networks Inc. but gave the suing investors a chance to strengthen their case, saying all the suspect statements the shareholders raised were either too vague or not actually false.

  • April 28, 2017

    Audi Cheated Emissions Tests In Gas Vehicles, Drivers Say

    Audi AG and its American subsidiary knowingly installed illegal so-called defeat devices in certain gasoline vehicles to cheat emissions tests, causing customers to overpay for the models, according to a lawsuit filed in California federal court Thursday by Audi owners and lessees.

  • April 28, 2017

    9th Circ. Won't Rehear Web Streamer's TV Copyright Case

    The full Ninth Circuit said Friday that it would not reconsider a ruling last month that internet streaming services like FilmOn X cannot use the same automatic copyright license that traditional cable companies use.

  • April 28, 2017

    Aventis Says K&L Gates Fee Bid Survives High Court Ruling

    Sanofi-Aventis told a federal judge in California on Thursday that its demand for fees from generic drug maker Amphastar and an ex-K&L Gates LLP attorney for allegedly withholding documents is perfectly consistent with the Supreme Court’s recent decision setting boundaries on litigation sanctions.

  • April 28, 2017

    Calif. Tribe Looks To Nix DOI Quick Win Bid In Casino Row

    The Picayune Rancheria of Chukchansi Indians on Thursday said the federal government’s own bid for a quick win in the tribe’s challenge of a decision to issue procedures to allow a neighboring tribe's casino project admitted the decision was arbitrary, urging a California federal court to reject the government’s bid.

  • April 28, 2017

    Apple Can't Nix $7.3M Patent Verdict, Court Rules

    A California federal judge on Thursday rejected Apple’s arguments that a jury's verdict was not based on sound evidence and that it calculated damages based on a flawed model, letting stand a $7.3 million verdict against Apple for infringing Core Wireless’ mobile communications patents.

  • April 27, 2017

    Managing Law Partner Broke No-OT Vow, Secretary Testifies

    A California legal secretary suing a boutique Los Angeles firm for over $140,000 in overtime wages testified Thursday at trial that although she agreed to a $1,000 a week salary, the firm's namesake partner broke his promise not to work her long days and late hours.

Expert Analysis

  • Why Medical Marijuana Delivery May Soon Be Legal In LA

    Michael Rosenblum

    California has authorized licensed dispensaries to deliver medical marijuana to qualified patients, but allows municipalities to ban such deliveries. San Jose and other cities have recently lifted their delivery prohibitions. Los Angeles retains its ban, but a recently passed ballot measure and shifting public sentiment suggest that this may change in the coming months, says Michael Rosenblum of Thompson Coburn LLP.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • A Hollow Win For Ride-Sharing Cos. On Unionizing Drivers

    Daniel Handman

    When a federal judge in Seattle recently enjoined the city from enforcing parts of an ordinance allowing ride-sharing drivers to unionize, it was hailed as a major victory for a badly beaten industry. But that victory may prove to be fleeting, says Daniel Handman of Hirschfeld Kraemer LLP.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Addressing Personal Jurisdiction Limits At The High Court

    Grant Esposito

    State court decisions in Bristol-Myers Squibb v. Superior Court of California and BNSF Railway v. Tyrrell both adopted an expansive view of personal jurisdiction that is seemingly at odds with the U.S. Supreme Court’s efforts to cabin that doctrine. If the recent oral arguments before the Supreme Court in these cases are any indication, the state courts will probably lose again, say attorneys with Morrison & Foerster LLP.

  • Florida 'Black Box' Ruling: Game Changer For Vehicle Tech

    Tina Sciocchetti

    A split panel of a Florida state appellate court has held that police need a warrant to search a vehicle’s electronic data recorder or “black box” absent exigent circumstances. The ruling in Florida v. Worsham demonstrates that the constitutional, legislative and regulatory privacy protections afforded data-capturing vehicle technologies are expanding rapidly, say Tina Sciochetti and Charles Dell'Anno of Nixon Peabody LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Employment Class Waivers: Which Came First, FAA Or NLRA?

    Bonnie Burke

    Until the U.S. Supreme Court determines whether mandatory arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act — despite any protections afforded by the National Labor Relations Act — a close reading of recent appellate decisions provides employers with guidance to overcome the current attacks on such agreements, say Bonnie Burke of Lawrence & Bundy LLC and Christina Tellado of Reed Smith LLP.

  • Calif. Insurance Regulation Defies Trump’s America

    Nathaniel Braun

    As California finds itself at odds with the Trump administration, the state is actively working to cement its regulatory framework over hot-button issues that will have knock-on impacts on the insurance industry. Gov. Jerry Brown will likely seek to strengthen the state's regulatory power, and the California courts have recently decided two major cases in favor of the Department of Insurance, says Nathaniel Braun of Selman Breitman LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.