California

  • November 21, 2019

    Ex-Airport X-Ray Exec Hit With Insider Trading Charges

    A former executive for airport X-ray developer OSI Systems has been charged with using his inside knowledge of OSI and another company to earn more than half a million dollars on illegal securities transactions, federal prosecutors in California said Thursday, months after securities regulators sued over the same transactions.

  • November 21, 2019

    Calif. Court Reinstates Mexican Co.'s $2.2M Arbitral Win

    A California appeals court reversed a lower court's ruling that vacated a $2.2 million arbitral award issued to a Mexican company in a dispute with an insurer over the return of a deposit made in relation to a property sale, saying claims the arbitrator was biased came too late.

  • November 21, 2019

    Chinese Co. Owes $40M For Telescope Monopoly, Jury Told

    A Chinese telescope seller should pay $40.3 million for suppressing competition and for its “complete and total domination” of the telescope market, a California company told a federal jury during closings of an antitrust trial Thursday, while the Chinese seller said there’s no evidence it engaged in a price-fixing conspiracy.

  • November 21, 2019

    $11.5M Postmates Driver Deal In PAGA Suit Needs More Info

    A California state judge indicated she had “significant concerns” about a proposed $11.5 million settlement in a suit alleging Postmates Inc. misclassified delivery couriers as independent contractors, telling the parties in a tentative ruling Thursday to come back with more information to justify their deal.

  • November 21, 2019

    Pinterest Promotes Copyright Violations, Photographer Says

    A photographer sued Pinterest Inc. on Wednesday in California federal court, claiming the social media company promotes copyright infringement by encouraging users to share protected images without obtaining the permission of the artists who create them.

  • November 21, 2019

    Monsanto Can't Ditch LA County's PCB Suit

    Bayer AG’s Monsanto Co. and other companies cannot escape Los Angeles County’s bid to recoup costs from the cleanup of polychlorinated biphenyls, a California federal judge ruled Thursday, rejecting the companies’ argument that the allegations are too old.

  • November 21, 2019

    Wells Fargo Borrowers Renew Class Bid In Foreclosure Suit

    Current and former Wells Fargo mortgage borrowers with loans provided or serviced by the bank renewed a class certification bid Thursday alleging the bank denied mortgage aid to more than 850 eligible struggling homeowners, causing nearly 550 of them to lose their homes.

  • November 21, 2019

    New Barnes & Noble Owner 'Purged' Older Workers, Suit Says

    Barnes & Noble's new "vulture fund" owners have implemented a cost-saving strategy that depends on the "ruthless and unscrupulous purging" of workers over the age of 40, a former worker said in a proposed class action filed Wednesday.

  • November 21, 2019

    9th Circ. Won't Revive DVD Drive Price-Fixing Suit

    The Ninth Circuit on Wednesday refused to revive claims from consumers accusing two DVD drive makers of participating in a conspiracy to fix prices, affirming a lower court’s ruling that testimony of the buyers’ expert was too hypothetical.

  • November 21, 2019

    Hagens Berman, Cohen Milstein Get $10M Fees On 2nd Try

    A California federal judge on Thursday approved $10 million in attorney fees sought by Hagens Berman Sobol Shapiro LLP and Cohen Milstein Sellers & Toll PLLC for securing a $50 million settlement over electronics industry price-fixing, saying they'd resolved concerns about "insufficient" billing explanations he'd raised earlier.

  • November 21, 2019

    Judge Kills Oil Industry Group's Calif. Oil Spill Claims

    A California federal judge said a group of individuals and businesses in the oil industry didn't have the required "special relationship" with Plains All American Pipeline LP that would allow them to pursue negligence claims against the company stemming from a 2015 oil spill.

  • November 21, 2019

    Apple, Intel Fight Alleged Backer Of 'Meritless Patent' Scheme

    Intel has rejiggered its lawsuit against investment management firm Fortress Investment Group LLC in California federal court, dropping its initial complaint in order to file a new one backed by Apple against the firm’s alleged funding of an anti-competitive patent aggregation scheme.

  • November 21, 2019

    Enviros Sue EPA Over Drilling Wastewater In Calif. Aquifer

    The U.S. Environmental Protection Agency illegally exempted a California oil field from Safe Drinking Water Act protections in order to allow the injection of oil and natural gas wastewater into an aquifer for a Freeport-McMoRan project, the Center for Biological Diversity said Thursday in a new lawsuit.

  • November 21, 2019

    Snap Investors Win Cert. In IPO Class Action

    Shareholders in Snapchat parent Snap Inc. won certification in California federal court Wednesday in their class action over the company's alleged cover-up of problematic growth metrics ahead of its initial public offering.

  • November 21, 2019

    Contested 9th Circ., Trial Court Picks Move Forward

    Republicans on the Senate Judiciary Committee advanced two Ninth Circuit picks Thursday despite opposition from home-state Democratic senators, while the chamber's majority leader teed up confirmation votes for eight district court nominees, including one who's drawn bipartisan opposition over her anti-abortion advocacy.

  • November 21, 2019

    Split Calif. Court Revives Chipotle Diner's Food Poison Suit

    A Chipotle customer who says the restaurant's chicken gave her food poisoning didn't need to determine the specific pathogen that caused her illness to levy claims against the popular franchise, a split California appellate court said in reviving her suit.

  • November 21, 2019

    Angry Fans Can't Sue Over Pacquiao Fight, 9th Circ. Says

    Dissatisfied consumers of the underwhelming "Fight of the Century" boxing match between Manny Pacquiao and Floyd Mayweather Jr., two of this generation's top fighters, have no legal recourse even though Pacquiao hid an injury that may have hampered him during the fight, the Ninth Circuit said Thursday.

  • November 21, 2019

    Tribal College Keeps Immunity Win In 9th Circ. Sex Bias Suit

    The Ninth Circuit has backed a lower court's decision to toss a sex discrimination suit brought against a Montana college by a former school official, agreeing that the college was shielded from the suit as an arm of the Confederated Salish and Kootenai Tribes.

  • November 21, 2019

    Ex-Twitter Worker Wins Release Pending Trial On Spy Charges

    A California federal judge will allow the pretrial release of a former Twitter employee accused of helping Saudi Arabia spy on users deemed critics of the regime, saying prosecutors did not sufficiently demonstrate that the Seattle resident is a flight risk.

  • November 21, 2019

    Hot Sauce Maker Should Win TM Suit, Judge Says

    A California federal judge has recommended granting hot sauce maker Tapatío Foods LLC's motion for default judgment against the makers of THC-infused Tíowaxy hot sauce, who were accused of trademark dilution.

  • November 21, 2019

    Deals Rumor Mill: Hudson's Bay, Charles Schwab, DoorDash

    A private equity firm is hoping to usurp the previously announced deal for Hudson’s Bay worth about $1.4 billion, Charles Schwab could pay $25 billion to buy smaller rival TD Ameritrade, and DoorDash is considering a direct listing instead of an IPO. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • November 21, 2019

    Timing Device Co. Debuts With $56M Pillsbury-Led IPO

    SiTime, a timing device company that counts Apple as a major customer, started trading Thursday after raising $55.9 million in an initial public offering steered by Pillsbury Winthrop Shaw Pittman LLP.

  • November 21, 2019

    Calif. Court Strikes Distress Damages Over Bedbug Infestation

    A California appellate panel has reversed a $544,000 jury award to a family who stayed in a room infested with bedbugs at a hotel in Rancho Cucamonga, saying the record doesn’t show the hotel intentionally inflicted emotional distress.

  • November 21, 2019

    Apple, Cisco Must Redo Fee Requests In 'Reckless' IP Fight

    U.S. District Judge William Alsup is ordering Apple and Cisco to resubmit their bids for attorney fees from a tech company they say dragged them into “recklessly litigated” patent disputes, warning that he may deny relief entirely if the new calculations are unreasonable.

  • November 21, 2019

    Drone Maker Strikes $1M Deal To End Trade Violation Claims

    A California-based manufacturer of unmanned aircraft systems will pay the U.S. Department of State $1 million to end allegations that it illegally exported military equipment in violation of international trade law and regulations, the company announced Thursday.

Expert Analysis

  • Will College Athletes Be Deemed Employees Soon?

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    In light of the NCAA's recent proposed rule change on student-athlete compensation, and state and federal legislative developments in this area, people are again questioning whether student-athletes should be considered employees of the universities for whom they serve as a major revenue stream, says Sara Moore of Nemeth Law.

  • Wage Ruling Clears Up Tip Questions For Calif. Employers

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    A California state appeals court's recent wage decision in O’Grady v. Merchant Exchange Productions highlights that employers must clearly communicate to customers and employees the purpose of a service charge, especially if it is not intended as a gratuity, say attorneys at Davis Wright.

  • Health Care Fraud Lessons For Lawyers Advising Doctors

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    The U.S. Department of Justice's seven recent health care fraud takedowns reflect an overall shift in how this type of fraud works, from doctor-driven to doctor-enabled schemes, says Stephen Lee at Benesch.

  • The Force (Majeure) May Be With ND Oil And Gas Lessees

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    The North Dakota Supreme Court's recent ruling in Pennington v. Continental Resources, applying force majeure to both primary and secondary oil and gas lease terms, is good news for lessees, as courts in other states have disagreed on this issue in recent years, say attorneys at K&L Gates.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Using Multiple-Attorney Depositions After Finjan Ruling

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    The recent patent case, Finjan v. Cisco Systems, in which a California federal court prohibited two-attorney questioning in a deposition where the parties failed to agree to it in advance, indicates that it may be better to ask permission than forgiveness when employing this deposition strategy, say attorneys at Finnegan.

  • MGA Ruling Guides On Time Limits For Trade Secret Claims

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    A California state appeals court recently upheld a trial court’s dismissal of MGA Entertainment’s Bratz doll trade secret claims against Mattel, demonstrating that new claims uncovered during discovery can trigger the statute of limitations under California's Uniform Trade Secrets Act, says Stephen Moses of Ferber Law.

  • High Court's Pass On 1 SEC Case Offers Insight Into Another

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    The U.S. Supreme Court effectively recognized the U.S. Securities and Exchange Commission's extraterritorial reach in denying certiorari in Scoville v. SEC. The move may foreshadow the high court's eventual ruling in Liu v. SEC, which will determine the regulator's authority to seek disgorgement, say Adam Schwartz and Russell Koonin at Homer Bonner.

  • Opinion

    ADA Braille Gift Card Claims Shouldn't Gain Traction In NY

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    A recent wave of consumer class claims that challenge the visual accessibility of gift cards under the Americans with Disabilities Act in New York federal courts are facially deficient and should be susceptible to early dismissal, say attorneys at Akin Gump.

  • State Net

    Wildfire Responses Resonate Beyond California

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    Firefighting practices are often shared between states, so what California does, or doesn't do, to prevent and combat wildfires has impacts beyond its borders. One lesson learned this year is that power shutoffs to prevent fires cause more problems than they solve, says Lou Cannon of State Net Capitol Journal.

  • Justices' Maui Ruling Could Change Groundwater Permitting

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    Oral arguments at the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund raise the possibility that the national permitting system for discharging wastewater into the ground will need to be retrofitted, says Marcia Greenblatt of Integral Consulting.

  • How Increased Stays Pending IPR May Affect Venue Choice

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    A little over one year after the U.S. Supreme Court’s decision in SAS Institute v. Iancu, data show a 5% increase in district court-granted stays of litigation pending inter partes review, and the grant rate disparities may influence new patent filings toward certain venues and defendants facing patent infringement claims toward others, say attorneys at Armond Wilson.

  • Comcast Bias Suit A Bad Way To Make Law, Arguments Show

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    Oral arguments before the U.S. Supreme Court in Comcast v. National Association of African American-Owned Media highlighted the case's flaws, including that it concerns the dismissal of a complaint that omitted a key fact and was tainted by dubious insinuations, says R. Scott Oswald of The Employment Law Group.

  • Kellogg's Deal Highlights Sugar Focus In Label Class Actions

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    A recent $20 million settlement that requires Kellogg's to limit “healthy” claims on cereals with significant added sugar is a prime example of consumer class actions shifting focus toward sugar, and shows why even compliant labels inconsistent with current nutrition trends can pose a risk, say Lindsey Heinz and Elizabeth Fessler of Shook Hardy.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

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    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.