California

  • July 25, 2017

    Video Game Co. Can't Move IP Suit Post-TC Heartland

    A California federal judge Tuesday denied Valve Corp.’s bid to dismiss or transfer a suit alleging it infringed lip-sync animation technology, rebuffing the video game company's claim that it didn’t have an improper venue argument until the U.S. Supreme Court’s recent TC Heartland decision.

  • July 25, 2017

    Apple Users Denied Cert. In 'Secure By Design' False Ad Suit

    A California federal judge on Tuesday refused to certify a class alleging Apple Inc. falsely advertised certain devices as “secure by design” when it knew third-party applications could siphon off private data, finding the consumers hadn’t shown they relied on statements about specific security features.

  • July 25, 2017

    Judge Puts Brakes On Calif. VW Emissions Deal Opt-Outs

    A San Francisco superior court judge said Tuesday she won’t lift a stay on 10 cases brought by Volkswagen owners who opted out of a federal multidistrict litigation settlement over the company’s emissions cheating software, saying she’d rather wait until hundreds of other opt-outs currently in federal court are remanded to state court.

  • July 25, 2017

    Misnamed Filing Stops U. Of Phoenix FCA Suit's Appeal

    The Ninth Circuit denied two whistleblowers’ attempts to revive their False Claims Act suit against the University of Phoenix, finding in a published decision that the appeal was untimely because the plaintiffs had mislabeled a motion to stay as a filing that would have bought them more time to file an appeal.

  • July 25, 2017

    Calif. Tribes Press For Quick Win In Highway Project Dispute

    Two Native American tribes urged a federal judge Monday to grant them a quick win against the federal government in their lawsuit challenging a highway project in Northern California over concern for cultural sites and sensitive wetlands, arguing there's "no question" it flouted environmental and historic preservation laws in connection with the project.

  • July 25, 2017

    Ex-Partner In TM Row Says Firm's Marks Are 'Descriptive'

    A former partner of a California-based securities boutique sought a quick win on trademark claims Tuesday after the firm accused her of false designation of origin for refusing to relinquish several domain names, arguing that those domain names don’t qualify for legal protection.

  • July 25, 2017

    Ex-San Jose Mayor Says Calif. Housing Crisis Here To Stay

    Despite recent efforts from Gov. Jerry Brown, California's affordable housing crisis is showing few, if any, signs of easing due to a complex web of state and local obstacles to building new units, former San Jose, California, Mayor Chuck Reed told Law360 in a recent interview.

  • July 25, 2017

    Celgene To Pay $280M To End Off-Label Cancer Drug FCA Suit

    Celgene Corp. has agreed to shell out $280 million to end a False Claims Act suit launched in California by a whistleblower who accused the drug company of promoting off-label uses for two cancer drugs, federal prosecutors announced on Tuesday.

  • July 25, 2017

    Baker Botts Adds MoFo Enviro Chair To SF Office

    Baker Botts LLP has hired Chris Carr, the environmental and energy group chair at Morrison & Foerster LLP, to bolster the firm’s environmental practice on the West Coast, the firm announced Tuesday.

  • July 25, 2017

    BofA Loses Fight To Keep Wage Suit In Federal Court

    A California federal judge sent a proposed class action alleging Bank of America underpaid its business bankers back to state court on Tuesday, saying the bank hasn’t shown there is more than $5 million in controversy by a preponderance of the evidence.

  • July 25, 2017

    Olympus To Pay $6.6M Over Role In Patient's Deadly Infection

    A Washington state jury on Monday determined medical device maker Olympus Corp.’s medical scope wasn’t the cause of a patient's fatal infection in 2013, but ordered the company to pay about $6.6 million in damages to a Seattle hospital for failing to adequately instruct the hospital in how to properly use the device.

  • July 25, 2017

    Google Fights Canadian Search Results Ruling In Calif.

    Google has turned to a California federal court after Canada’s top court ordered it to remove links associated with a company that allegedly sold stolen network technology from its search results worldwide, arguing Monday that the decision is a dramatic overreach and enforcing it in America would flout the tech giant’s First Amendment rights.

  • July 25, 2017

    Deals Rumor Mill: SoftBank, Toshiba, HNA Group

    SoftBank is looking to make a multibillion-dollar investment in Uber, Toshiba's board will meet to discuss the sale of Toshiba's memory business, and HNA Group has tapped an investment bank for the U.S. IPO of a Beijing-based IT outsourcing firm it owns.

  • July 25, 2017

    Qualcomm Strikes Back At Apple’s Expanded Royalty Suit

    Qualcomm has asked a California federal court to dismiss claims surrounding nine patents that it says aren’t in dispute in Apple’s suit accusing the chipmaker of demanding excessive royalties for the use of its chips in iPhones and similar devices.

  • July 25, 2017

    Gov. Brown Signs Extension Of Calif. Cap-And-Trade To 2030

    California Gov. Jerry Brown on Tuesday signed into law a 10-year extension of California's landmark cap-and-trade program, the centerpiece of the state's push to decrease greenhouse gas emissions by 40 percent from 1990 levels.

  • July 25, 2017

    LA County Seeks Immediate Pause On Aliso Canyon Injections

    The County of Los Angeles asked a California court on Monday to immediately halt a state agency’s authorization letting SoCalGas restart injections at the Aliso Canyon gas storage facility, arguing that in the wake of a massive gas leak in 2015, more work on earthquake resiliency is needed.

  • July 25, 2017

    Rival Conventions Spar Over 'Comic-Con' As Generic Term

    The San Diego Comic Convention and a rival event traded arguments last week on whether the concept of "Comic-Con" was generic, with Dan Farr Productions telling a California federal court the invalid mark had been diluted by copying, and SDCC saying its rival hadn’t met its burden for proving the registered trademark was invalid.

  • July 24, 2017

    King Of Pop Co.’s $30M Royalty Short A Betrayal, Jury Told

    A production company started by Michael Jackson betrayed the singer’s musical partnership with mega-producer Quincy Jones by shorting him $30 million in royalties after the King of Pop's death, Jones’ attorney told a California jury during closing arguments Monday, while the company’s attorney painted the suit as a “grab for money.”

  • July 24, 2017

    Orange Didn't Steal IP, Owes $1 For Breach Of Terms: Jury

    A California federal jury largely cleared Orange SA in a intellectual property and computer fraud lawsuit on Monday, finding it didn't misappropriate the defunct startup Telesocial Inc.’s trade secrets and that it owed just $1 for breaching Telesocial’s terms of use.

  • July 24, 2017

    50 Cent Wants 'Power' Copyright Suit Tossed

    Rapper 50 Cent asked a California federal judge Monday to toss out a lawsuit claiming he ripped off the idea for his Starz drama “Power” from an unpublished manuscript, saying the two share nothing other than that both “involve an African-American protagonist.”

Expert Analysis

  • And Now A Word From The Panel: Who Wants To Be An MDL?

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    As the lineup for this month’s Judicial Panel on Multidistrict Litigation demonstrates, requests to create an MDL do not fit a single mold. They can involve headline news, contemporary politics or exotic vacations. They can even trigger forensic research from the National Archives on the status of cases filed decades ago, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Attempting To Limit Class Action Waivers And The FAA

    John Hansen

    Two efforts are currently underway to limit the effect of the U.S. Supreme Court's past decisions involving anti-class action arbitration clauses in both consumer and employment agreements. However, both efforts are under attack, says John Hansen of John Hansen Law.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • The Supreme Court And The Future Of The Travel Ban

    Jeffrey Gorsky

    President Donald Trump claimed the U.S. Supreme Court's recent decision to leave part of his travel ban in place was a victory for the administration, and some analysts have agreed. It is hard, however, to see the court’s opinion as anything but a government defeat, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • 4 Female Perspectives On BigLaw Leadership

    Regina Pisa

    Only a handful of the largest U.S. law firms are led by women. Here, in their own words, are perspectives from Shook Hardy & Bacon Chair Madeleine McDonough, Crowell & Moring Chair Angela Styles, Morgan Lewis & Bockius Chair Jami Wintz McKeon and Goodwin Procter Chair Emeritus Regina Pisa.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • What To Know About Proposed Changes To Tip-Pooling Rule

    Susan Schaecher

    The U.S. Department of Labor recently announced plans to propose a full rescission of its controversial tip-pooling restrictions. While the announcement does not immediately change existing law, it sets into motion regulatory action that could aid hospitality employers across the country, says Susan Schaecher of Fisher Phillips.