• March 23, 2017

    Dan Aykroyd Breaks Down Booze Bottle Angles In IP Trial

    Comedy legend Dan Aykroyd on Thursday told a California federal jury that a tequila company had ripped off his Crystal Head Vodka brand’s unique skull-shaped bottle, pulling out a ruler to dissect what he said are obvious similarities between the two bottles.

  • March 23, 2017

    US Atty Hopefuls In Calif. Face Uncertain Process

    California’s four U.S. attorney positions are currently open, but political friction between the state's Democratic senators and the White House has the application process off to a haphazard start.

  • March 23, 2017

    Feds Duck Allegations Of Creating 'Imposter' Calif. Tribe

    A federal judge on Thursday freed the U.S. Department of the Interior, the Bureau of Indian Affairs and one of the BIA's regional directors from accusations of supporting a "mock" California tribe that is allegedly genealogically and historically inaccurate and thereby interfering with the so-called genuine tribe's self-determination.

  • March 23, 2017

    Ex-InterMune Exec Lied During SEC Trial, Judge Says

    A California federal judge said Thursday she's inclined to grant the U.S. Securities and Exchange Commission's post-trial bid to permanently bar a former InterMune director from serving on the board of publicly traded companies, saying she thinks he lied on the stand before his insider trading conviction.

  • March 23, 2017

    Pillsbury Hires Ex-Greenberg Traurig Litigator In Calif.

    Pillsbury Winthrop Shaw Pittman LLP announced Thursday that a former Greenberg Traurig LLP litigator is joining its Silicon Valley office, bolstering its offerings with his experience representing technology and cyber-focused companies and focusing on matters like securities litigation and data security.

  • March 23, 2017

    Enfish, Microsoft End Patent Row After Fed. Circ. Revival

    The software patent dispute between Enfish LLC and Microsoft Corp. that led to a widely cited Federal Circuit decision overturning invalidity findings under Alice reached a quiet end in California federal court on Thursday when a judge dismissed the case citing an undisclosed deal.

  • March 23, 2017

    California Proton's Operator Opposes $32M DIP Loan

    The company that operates a cancer treatment facility for bankrupt California Proton Treatment Center LLC objected Thursday to the debtor’s proposed, $32 million post-petition loan on the grounds it subordinates the operator’s purported interest in the facility.

  • March 23, 2017

    Uber’s Bid To Arbitrate Bogus Stock Promise Row Stalls

    A California federal judge said Thursday she’ll deny Uber’s bid to arbitrate a proposed collective action alleging the ride-hailing giant lured top engineers with stock option promises that were later reneged, saying she’ll instead stay the case until the U.S. Supreme Court decides if businesses can force employees to waive collective claims.

  • March 23, 2017

    LendingClub Investors Can Proceed With Trimmed Stock Suit

    A California federal judge said Thursday he’ll trim claims from a putative investor class action alleging LendingClub hid internal control problems that led to its stock plunge, but refused to throw out the investors’ case against the company, saying they’d provided evidence of a “wink wink” agreement to inflate loan sales.

  • March 23, 2017

    Four Seasons Licensee Loses Bid To Nix Arbitration Pact

    A California federal judge on Wednesday denied a bid from a Four Seasons-branded hotel in Los Angeles to void an agreement to arbitrate a licensing dispute with Four Seasons Hotels Ltd., finding the unavailability of a judge named in the agreement isn't enough to invalidate it.

  • March 23, 2017

    Calif. Toll System Doesn't Violate Drivers' Privacy, Court Told

    The operators of a cashless toll system in Orange County, California, told a federal judge that state laws authorize toll agencies to use driver information to collect unpaid tolls, slamming a proposed class of drivers claiming the practice violates their privacy.

  • March 23, 2017

    Saks Makes 'Phantom Markdown' Suit Disappear, For Now

    A California federal judge Tuesday tossed a proposed class action against Saks Inc. accusing the retailer of advertising "phantom markdowns" of Saks-branded products, saying the consumer didn’t specify how Saks misrepresented its prices but giving permission for an amended complaint to be filed.

  • March 23, 2017

    DirecTV Settles DOJ's Dodgers Channel Info-Sharing Suit

    DirecTV and AT&T reached a deal Thursday to settle the U.S. Department of Justice's claims that the companies illegally shared sensitive information about negotiations to carry the Dodgers’ official local broadcast partner, agreeing to crack down on their executives' conversations with rivals.

  • March 23, 2017

    Amazon Loses Bid To Arbitrate Broadcom Tablet, Tech IP Row

    A California federal judge on Wednesday rejected Amazon's bid to force Broadcom and Avago to arbitrate their claims that Amazon is infringing a slew of its patents, ruling that Broadcom didn't agree to arbitrate its claims when it signed a customer agreement with Amazon Web Services.

  • March 23, 2017

    Supplement Co. Lied About Biotin Benefits, Class Action Says

    Nature’s Bounty Inc. has been misleading consumers about the health benefits of biotin because most Americans get enough of the vitamin via their daily diets, a California woman said in a proposed class action filed Wednesday in California federal court.

  • March 23, 2017

    'Home Improvement' Creators Win Appeal Over Disney Profits

    Creators of the hit 1990s sitcom "Home Improvement" won a bid to reverse a lower court’s decision to toss their case against Walt Disney Pictures for unpaid syndication profits at a California appellate court on Wednesday.

  • March 23, 2017

    Deals Rumor Mill: Credit Suisse, Pret A Manger, Shell

    Credit Suisse may sell more than $3 billion worth of stock in its Swiss business, private equity-backed sandwich chain Pret A Manger is readying for a New York IPO, and Royal Dutch Shell is in discussions to sell its last remaining asset in California.

  • March 23, 2017

    Tempur-Sealy Suit May Widen Insurers' Class Action Exposure

    Tempur-Sealy International recently asked the Ninth Circuit to affirm a ruling that it is entitled to defense coverage for a putative class action alleging it downplayed the harmful effects of chemicals in its mattresses, and attorneys say a decision in the company's favor could greatly expand insurers' burden to defend against class complaints seeking only economic losses.

  • March 23, 2017

    Former General Dynamics Employee Loses FMLA Suit Appeal

    A Ninth Circuit panel on Wednesday denied an appeal by a former General Dynamics C4 Systems Inc. employee who alleged the company violated the Family Medical Leave Act by not adjusting her performance expectations in accordance with her reduced hours, rejecting an argument that the jury wasn’t given proper instructions.

  • March 23, 2017

    9th Circ. Nixes Kaplan FCA Suit Over Fake Enrollments

    A Ninth Circuit panel on Wednesday tossed a False Claims Act case against for-profit education company Kaplan, finding a former employee had failed to present evidence the company received student aid funds for "phantom students."

Expert Analysis

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Something In The Water: Product Claims Get Creative

    Alexis Kellert

    Two plaintiffs recently filed a complaint in the Northern District of California against the Craft Brew Alliance, alleging the company engaged in deceptive advertising to mislead consumers into purchasing beer based on a perception that the products are brewed in Hawaii. The defense bar may have to increase its own creativity to fend off such lawsuits, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Why Calif. May Be The New Frontier For Autonomous Vehicles

    Linda Pfatteicher

    This month, the California Department of Motor Vehicles released new draft regulations governing the testing and deployment of autonomous vehicles. California's announced commitment to advancing innovation is especially important now that states like Michigan and Florida are challenging its forerunner role in testing autonomous vehicles, say attorneys with Squire Patton Boggs LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • D&O Insurance And The Conduct Exclusion

    Kevin M. LaCroix

    Most directors and officers insurance policies have conduct exclusions precluding coverage for fraudulent, criminal or willful misconduct, but mere allegations are insufficient to trigger this exclusion. A California state appeals court's recent decision in Heart Tronics v. Axis Insurance provides interesting insight into the operation of such an exclusion, says Kevin LaCroix of RT ProExec.

  • Int’l Travelers, Beware Digital Device Searches At Border

    Behnam Dayanim

    In light of the recent executive order on terrorism and immigration, travelers, including attorneys who may be carrying sensitive privileged information, should be increasingly aware of their rights — or lack thereof — at the border, say Behnam Dayanim and Ashley Pyon of Paul Hastings LLP.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • DOJ Brief Opposing CFPB Brings More Uncertainty

    Ashley Taylor

    What will be most disappointing to Republicans and President Trump, and which is entirely possible given the issues the D.C. Circuit requested to be briefed, is an outcome which avoids the constitutional issues raised in PHH Corp. v. Consumer Financial Protection Bureau and decides the case on the basis of the statutory provisions of the Real Estate Settlement Procedures Act, say attorneys at Troutman Sanders LLP.

  • Where Cos. Are 'Found' In §1782 Discovery Applications

    Alexander Wentworth-Ping

    Two recent decisions in the Northern District of California shed light on what standard applies when determining whether a respondent corporation "resides or is found" in the district in which an application for discovery is made pursuant to 28 U.S.C. § 1782, say attorneys with Allen & Overy LLP.