California

  • November 22, 2017

    Bumpy Ride Ahead For Uber After Data Breach

    Heavy legal traffic lies ahead for Uber as the ride-sharing giant reckons with fallout from a massive hack that exposed personal data of 57 million users worldwide. The $70 billion company is at risk for enforcement actions in the U.S and around the globe for waiting over a year to disclose an October 2016 breach that the company paid hackers $100,000 to keep quiet.

  • November 22, 2017

    Google, YouTube Seek Quick Win In Video Takedown Suit

    A recent California appeals court ruling means YouTube doesn’t defame users when it tells viewers a video has been removed for violating its terms of service, the company told a California federal court Tuesday, seeking a quick win in a rancorous suit over a music video.

  • November 22, 2017

    Ex-Players' Riddell Helmet Safety Suit Kicked To Illinois

    A California federal judge on Tuesday transferred a putative class action alleging that sports equipment manufacturer Riddell and parent company BRG Sports Inc. lied about the protection that its helmets offered against concussions, agreeing with former college football players who argued that Illinois was the proper venue.

  • November 22, 2017

    Intel, Lawmakers, Others Urge 9th Circ. To Block Travel Ban

    Technology companies such as Microsoft and Intel, several law groups and dozens of members of Congress were among the entities that filed briefs with the Ninth Circuit on Tuesday and Wednesday supporting challengers to the Trump administration’s proposed travel ban for nationals of several predominantly Muslim countries into the U.S.

  • November 22, 2017

    CFTC Settles Fraud Suit Over Online Trading School For $5M

    A California couple accused of scamming would-be commodity futures traders into purchasing expensive memberships in their SchoolOfTrade.com business have been put on the hook for paying nearly $5 million in restitution and civil penalties as part of a deal ending a U.S. Commodity Futures Trading Commission fraud suit.

  • November 22, 2017

    Breaking Down Waymo's Trade Secrets Trial With Uber

    Google's driverless car spinoff Waymo will face off in one week against Uber over its claims that the ride-hailing behemoth stole billion-dollar Waymo technology that could tilt the future of the nascent self-driving car industry when it acquired a former Waymo engineer's startup. Here, Law360 takes a look at the case in advance of the trial.

  • November 22, 2017

    Calif. Court Reverses Decision To Allow Crude Oil Shipments

    A California state appellate court on Tuesday struck down a controversial decision to allow the construction of a new rail facility that would have allowed greater shipments of potentially explosive oil to be delivered to a shuttered oil refinery in Bakersfield, finding an environmental impact study erroneously downplayed the risk of disaster.

  • November 22, 2017

    Lyft Gets Permit To Test Self-Driving Cars In California

    Lyft Inc. recently became the latest company, and 45th overall, to receive a permit to test self-driving vehicles in California, according to the state's Department of Motor Vehicles.

  • November 22, 2017

    Ponzi Suspect Poised To Change Plea After Emailed Threat

    The federal government told a California federal judge Wednesday that they'd reached an initial plea deal with an investment manager facing securities fraud charges for running a $42 million Ponzi scheme, eight months after he threatened those involved with the case and saw his bail revoked.

  • November 22, 2017

    Calif. Ruling Sets Chicago Up For Win In Sanctuary City Fight

    After a California federal judge barred the Trump administration from tying federal funding to compliance with its immigration policies, experts say Chicago seems primed for a win at the Seventh Circuit as it defends its case challenging new conditions on federal public safety funds.

  • November 22, 2017

    Nonprofit Backs Office Depot In False Claims Coverage Row

    A nonprofit policyholder group has urged the Ninth Circuit to revive a coverage dispute between Office Depot and a unit of AIG, arguing that the lower court ruling could drastically curtail coverage in California False Claims Act cases.

  • November 22, 2017

    Cities And States Brace For Loss Of SALT Deductions

    As the work of reforming the federal tax code took a temporary timeout for Thanksgiving, opponents of legislation that would fully or partly eliminate deductions for state and local taxes didn’t let up in their fight, despite increasingly long odds they would succeed in changing lawmakers' minds when they return from their break.

  • November 22, 2017

    Carl's Jr. Loses NLRB Case After Failing To Respond

    In the first National Labor Relations Board decision to include both its newest members Bill Emanuel and Marvin Kaplan, the agency on Tuesday ruled against a Carl’s Jr. facility in Los Angeles that it found illegally prevented workers from talking to union representatives, because the chain never responded to the allegations.

  • November 22, 2017

    Waiver On L3 Background Check Form Violates FCRA: Suit

    An employee of military contractor L3 Technologies Inc. on Tuesday filed a putative class action in California federal court alleging the company's onboarding paperwork violates the Fair Credit Reporting Act by combining background check consent and a liability waiver on the same form.

  • November 22, 2017

    Mexican Detained For Over A Year Must Get Bond Hearing

    The federal government must provide a bond hearing before an immigration judge for a Mexican native kept in detention for more than a year after his apprehension for allegedly illegally re-entering the U.S. after being removed four previous times, a California federal judge ruled on Tuesday.

  • November 21, 2017

    MD In Health Care Fraud Trial Has Mental Defect, Jurors Told

    A Northern California doctor on trial with her orthopedic surgeon boyfriend for allegedly committing health care fraud and money laundering is very talented and able but has a mental defect that affects her day-to-day functioning, a neuropsychologist told jurors Tuesday in the California federal trial.

  • November 21, 2017

    Feds Ask Supreme Court To Reverse Blocks On Travel Ban

    The Trump administration asked the U.S. Supreme Court on Tuesday to reverse blocks on its third travel ban by federal courts in Maryland and Hawaii, saying the latest ban was the result of a careful cross-department review and that the lower courts’ intervention hurts the executive branch’s ability to direct national security.

  • November 21, 2017

    Judge Asks After Absent Counsel In Fitness Guru's IP Suit

    Fitness guru and celebrity trainer Sebastien Lagree’s intellectual property suit against a competing Pilates business was well into settlement discussions when a California federal magistrate judge on Tuesday ordered the defendants' counsel to explain why they don't deserve sanctions for failing to phone in to a recent conference.

  • November 21, 2017

    7-Eleven Settles Prop 65 Coffee Case, Will Post Signs

    7-Eleven Inc. will post signage alerting California consumers to the presence of a cancer-linked chemical in coffee products and pay $900,000 in penalties and costs, according to a settlement approved by a California judge on Tuesday in a Proposition 65 case that’s still ongoing against dozens of other coffee roasters and retailers.

  • November 21, 2017

    Attys On Both Sides Of Jeep Row Sanctioned By Calif. Judge

    Attorneys on both sides of a lawsuit that accuses Fiat Chrysler Automobiles of failing to honor the warranty on an allegedly faulty Jeep Grand Cherokee were sanctioned by a California federal judge Tuesday for missing court deadlines.

Expert Analysis

  • What's Next After Calif. Homeowner Bill Of Rights Sunsets

    Ashley Fickel

    On Jan. 1, 2018, certain provisions of the California Homeowner Bill of Rights are scheduled to expire. This will cause several changes in the requirements for those servicing large portfolios of resident mortgage loans, but servicers will undoubtedly continue to see similar claims in 2018 and beyond, says Ashley Fickel of Dykema Gossett PLLC.

  • Opioid Insurance Litigation Is Mounting With Mixed Results

    Scott Seaman

    With suits pending across the country against manufacturers, distributors, pharmacies and others, we are currently in the early stages of the opioid insurance coverage war. Decisions so far primarily address accident and fortuity issues, application of product exclusions and whether claims involve damages "because of" or "for" bodily injury, says Scott Seaman of Hinshaw & Culbertson LLP.

  • 6 Months After TC Heartland, Adjusting To A New Landscape

    Nathan Speed

    The U.S. Supreme Court’s May 22, 2017, decision in TC Heartland, which overturned decades of accepted practice on how to evaluate the proper venue for patent litigation, has been lauded by some as ushering in a new era in patent litigation. Others — including some federal judges who have been applying TC Heartland — have found the decision to be much less significant, say Nathan Speed and Stuart Duncan Smith of Wolf Greenfield & Sacks PC.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Deflating Uber's 'Puffery' Defense On Safety Claims

    Thomas Dickerson

    Uber and taxi companies in California, Texas and New York are debating whether Uber's use of words like "safe" and "safety" is misleading and deceptive or mere "puffery." Conflicting rulings from federal courts suggest litigation on this issue will continue, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Consultant Contracts Can Create California Connection

    Anne Gruner

    A California court recently held that it has specific personal jurisdiction over nonresident defendants for nonresident plaintiffs’ claims, because the defendants had contracts with two California consultants on the design of the hip implant at issue. This case could lead to more plaintiffs using consulting contracts to subject defendants to suit in particular jurisdictions, says Anne Gruner of Duane Morris LLP.

  • Series

    My Strangest Day In Court: Arguing From The Gallery

    M.C. Sungaila

    Appellate lawyers are usually silent observers at trial who collaborate on legal strategy, conduct research during court breaks, and craft jury instructions, verdict forms and major motions. But as I discovered in one trial, this is not always the case, says M.C. Sungaila of Haynes and Boone LLP.

  • Why White House Efforts To Dismantle Regs Face Roadblocks

    Steven Gordon

    When the White House changes hands from one political party to the other, the new administration often seeks to change or eliminate some of the regulations promulgated by prior administrations. But when regulatory provisions are based on scientific or economic analysis, it may be difficult to legally justify a change, says Steven Gordon of Holland & Knight LLP.