California

  • February 21, 2020

    Breaking Down Volkswagen's First US 'Clean Diesel' Trial

    Volkswagen is slated to face off Tuesday in a bellwether damages trial with drivers who opted out of a $10 billion settlement the German automotive giant struck over its "clean diesel" emissions scandal, marking the first U.S. trial for the carmaker since it admitted to fraud in 2015. Here, Law360 takes a closer look at the case ahead of trial.

  • February 21, 2020

    Trump Admin Can Enforce 'Public Charge' Rule In All 50 States

    The U.S. Supreme Court cleared the way on Friday for the Trump administration to implement its wealth test for immigrants in all 50 states, temporarily lifting the last remaining injunction shielding Illinois residents from the contested immigration rule.

  • February 21, 2020

    Facebook Execs Blame Google For 2010 Struggles In Tax Trial

    Two top Facebook executives testified during a bench trial Friday that the social media giant struggled to compete with Google in 2010, when the IRS claims it undervalued its intangible property by billions, contributing to Facebook's revenue shortfall three years later.

  • February 21, 2020

    Telescope Co. Wants Damages-Socked Rival To Keep Dealing

    A Chinese telescope maker should be required to keep dealing with its rivals on good terms after it was hit with nearly $50 million in damages for conspiring against them to divvy up the U.S. market, one of those competitors told a California federal court.

  • February 21, 2020

    Trump Can’t Reverse Ocean Drilling Ban, Profs Tell 9th Circ.

    The Trump administration can’t undo former President Barack Obama's block on oil and gas drilling in large areas of the Arctic and Atlantic oceans because Congress didn’t explicitly provide the president with the power to revoke these protections, environmental law professors have told the Ninth Circuit.

  • February 21, 2020

    'Varsity Blues' Parent Pleads Guilty After Stint In Spanish Jail

    A parent charged in the “Varsity Blues” college admissions scandal pled guilty in Boston on Friday to bribing her son’s way into UCLA as a phony soccer player, agreeing to no additional jail time on top of the five months and one week she served in Spain awaiting extradition to the U.S.

  • February 21, 2020

    US Women's Soccer Team Seeks $66.7M In Gender Pay Suit

    Players on the U.S. Women's National Team have urged a California federal judge to grant them a win in their gender discrimination lawsuit against the U.S. Soccer Federation, disclosing they are seeking over $66.7 million in damages and arguing now-public collective bargaining agreements prove a disparity in pay.

  • February 21, 2020

    Uber Must Face $1B Trade Secrets Suit, Jury Finds

    Uber must face a $1 billion trade secrets lawsuit after a San Francisco jury handed down a verdict Friday finding that an inventor timely brought his claim that the ride-hailing giant and its founder stole his business concept.

  • February 21, 2020

    Calif. Consumers Seek To Stop 'Deeply Flawed' T-Mobile Deal

    A collection of California consumers who are challenging the $56 billion T-Mobile-Sprint merger want a court order that will stop the tie-up from moving forward while their suit plays out, calling a New York federal court’s decision declining to block the union “deeply flawed.”

  • February 21, 2020

    Marriott Can't Duck Hotel Guests' Data Breach Claims

    A Maryland federal court on Friday kept alive multidistrict litigation stemming from hotel giant Marriott International Inc.'s massive data breach, finding that guests had adequately claimed injuries traceable to the company's failure to detect the historic hack or stop the theft of their personal information.

  • February 21, 2020

    Tesoro Refining Can't Beat Calif. Wage Class Action

    A California federal judge denied Tesoro Refining & Marketing Co. LLC’s bid Friday to escape a proposed class action alleging it underpaid workers, rejecting arguments the suit is preempted because it hinges on union contracts.

  • February 21, 2020

    Senate Dems Protest Trump's Drilling 'Giveaway' For Alaska

    Seven Democratic senators have lodged a protest over the Trump administration's approach to oil and gas drilling in the Alaskan Arctic's National Petroleum Reserve, denouncing "a large-scale giveaway of America's public lands" that discards a 2013 compromise.

  • February 21, 2020

    Fed Circ. Revives Samsung Galaxy Patent Fight

    The Federal Circuit on Friday sent a patent licensing company’s fight against Samsung back to trial court after finding that a California federal court used an incorrect claim construction when it ruled that the electronics giant didn’t infringe smartphone patents held by Ironworks Patents LLC.

  • February 21, 2020

    Veterans, Ex-Lawmakers Join 9th Circ. Border Wall Fund Fight

    Veterans, former lawmakers and ex-federal government officials have called on the Ninth Circuit to stop President Donald Trump from pulling defense funds to finance a border wall, warning that the funding diversion puts soldiers at risk and undermines Congress’ intent.

  • February 21, 2020

    Calif. Says FAA's Enviro Review Of Air Cargo Facility Flawed

    California has challenged the Federal Aviation Administration's finding that a recently approved air cargo facility at the San Bernardino airport would not have a significant environmental impact, telling the Ninth Circuit the government looked past air quality concerns.

  • February 21, 2020

    1 Firm Guided 2019's Two Largest San Francisco Office Deals

    One law firm landed work on the two largest office deals in San Francisco of 2019, guiding two different sellers on transactions worth roughly $800 million and $600 million.

  • February 21, 2020

    Teva Floated As Bellwether In Generic Drug Price-Fixing MDL

    A case brought by 44 state attorneys general against Teva Pharmaceuticals and several other drugmakers should be the bellwether for a massive multidistrict litigation over alleged conspiracies to fix the prices of generic drugs, according to a special master's report Thursday.

  • February 21, 2020

    Wells Fargo Will Pay $3B To DOJ, SEC Over Sales Scandal

    Wells Fargo & Co. has agreed to pay a total of $3 billion to resolve criminal and civil investigations by the U.S. Department of Justice and U.S. Securities and Exchange Commission stemming from the banking giant’s sales practices scandal, federal officials said Friday.

  • February 21, 2020

    Bid To DQ Judge On Eve Of VW 'Clean Diesel' Trial Tossed

    A California federal judge denied a motion to disqualify him from overseeing the first U.S. trial over Volkswagen's "clean diesel" emissions scandal set to begin on Monday, saying Friday the drivers’ bid was a delay tactic and failed to show the required degree of favoritism or antagonism to justify disqualification.

  • February 21, 2020

    TWC Shells Out $18.8M To Kill Internet Speed False Ad Suit

    Time Warner Cable will pay $18.8 million to settle claims brought by district attorneys in Los Angeles, San Diego and Riverside that the cable giant advertised higher speeds than it actually delivered to its California customers.

  • February 21, 2020

    Wells Fargo Tries To End Breach Claims In Mortgage Action

    Wells Fargo pushed for a swift end to part of a class action accusing it of wrongfully denying loan modifications to mortgage borrowers, telling a California federal court Thursday that it had no obligation to notify struggling borrowers about modification options.

  • February 21, 2020

    Kellogg's Must Rework $31.5M Sugary Cereal False-Ad Deal

    A California federal judge has rejected a proposed $31.5 million class action settlement between Kellogg's and consumers who claim it falsely labeled sugar-loaded cereals as "healthy," finding the deal contains several troubling provisions and outright legal errors.

  • February 21, 2020

    Assisted Living Cos. Ink $2M Deal To End Disability Bias Suit

    A Washington-based assisted living company and its affiliates have agreed to pay $2 million to end a suit from the U.S. Equal Employment Opportunity Commission claiming it violated federal disability bias law by refusing to let employees work unless they were "100% healed" and firing workers rather than offering them time off to recover.

  • February 21, 2020

    Health Hires: Davis Wright, Skadden, Holland & Knight

    Davis Wright Tremaine LLP nabbed two health care partners from Nelson Hardiman, Skadden Arps Slate Meagher & Flom LLP hired a former senior attorney at the U.S. Food and Drug Administration, and Holland & Knight has added a trio of partners from McDermott Will & Emery LLP and Clark Hill PLC, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena. 

  • February 21, 2020

    Calif. Sues Over Trump's Effort To Divert More Water To Farms

    California on Thursday sued the Trump administration over its efforts to divert more water from the state's Central Valley for agricultural purposes, arguing it had based the decision on a faulty analysis that failed to protect endangered species.

Expert Analysis

  • And Now A Word From The Panel: MDLs Continue To Thrive

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    The Judicial Panel on Multidistrict Litigation created fewer new MDLs last year than the year before, but this belies an overarching storyline of growth — with proceedings encompassing over 130,000 individual actions pending at year's end, says Alan Rothman of Sidley.

  • Climate Ruling May Help Future Plaintiffs Establish Causation

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    The Ninth Circuit's recent decision in Juliana v. United States blocked private litigants from using the courts to force climate change action by the federal government, but it may have laid a trail of breadcrumbs for future climate plaintiffs to establish injury in fact and causation, say attorneys at WilmerHale.

  • 5 Complications That Can Derail A Class Action Settlement

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    As courts increase scrutiny of class action settlement agreements, approval hinges on avoiding common mistakes, such as inadequate forms of notice, lack of Article III standing and irrelevant cy pres recipients, say attorneys at Troutman Sanders.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • Opinion

    High Court Should Not Abet Google's Efficient IP Infringement

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    ​​​​​​​A U.S. Supreme Court ruling in favor of Google in its copyright infringement battle with Oracle would vindicate the search engine’s ruthless economic calculus, encourage IP abuse and dissuade future victims from bringing challenges, says James Skyles of Skyles Law Group.

  • EEOC Policy Change Clashes With Challenges To Arbitration

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    Although the U.S. Equal Employment Opportunity Commission’s recent retraction of a policy that opposed mandatory arbitration agreements for worker discrimination claims aligns with U.S. Supreme Court precedent, it doesn’t address resistance to arbitration in new state laws or in the wake of #MeToo, says Mauro Ramirez at Fisher Phillips.

  • Key Trade Secrets Developments Of 2019: Part 2

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    Last year brought significant news in U.S. trade secret law, including the U.S. Department of Justice’s continued enforcement of its China initiative and further development of the inevitable disclosure doctrine under the Defend Trade Secrets Act, say attorneys at Faegre Drinker.

  • Prop 65 Chemical Labeling Litigation: Trends And Predictions

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    Product safety litigation brought under Proposition 65, California's chemical disclosure law, shows no signs of slowing down in the coming year — with short-form labels and manufacturers' responsibility for product warnings likely to be key areas of contention, says Anne Marie Ellis of Buchalter.

  • Justices Poised To Reshape Employer Religious Bias Issues

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    Two cases before the U.S. Supreme Court this term have the potential to transform a doctrine that exempts religious organizations from employment discrimination claims by their ministers, and a case that may be accepted for review could change Title VII’s undue hardship standard for religious accommodations, says Sarah Schanz at McDermott.

  • Avenues Of Relief For Cybersecurity Whistleblowers Increase

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    Successful securities and False Claims Act lawsuits and a spate of state legislation over the past year have legitimized cybersecurity deficiencies as a basis for federal and state liability and strengthened protections for whistleblowers, says Matthew LaGarde of Katz Marshall.

  • How Montana Fossil Ruling Could Affect Oil And Gas Cos.

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    The Montana Supreme Court's forthcoming decision in Murray v. BEJ Minerals will determine whether dinosaur fossils found on a ranch should be legally considered minerals, but could also affect oil and gas producers because of its potential relevance to sand, fracking wastewater and other substances, says A.J. Ferate of Spencer Fane.

  • What Health Care FCA Trends Tell Us About The Year Ahead

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    The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.

  • Consumer Finance Poised For Greater Scrutiny From States

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    As state-level regulators step up consumer finance oversight to fill the void created by more restrained federal regulation in this area, financial institutions should keep an eye on developments and agencies in several key states, say attorneys at Hogan Lovells.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Army Copter Case Blurs Jurisdiction For ‘Other Transactions'

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    An Arizona federal court’s recent decision in MD Helicopters v. U.S. highlights the complexity surrounding contractors’ potential avenues of relief in challenging agencies’ so-called other transaction award decisions, say attorneys at Hogan Lovells.

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