California

  • April 03, 2020

    Studios Take On 'Brazen' Streaming Service In Piracy Suit

    A coalition of entertainment goliaths including Disney, Amazon, Columbia and Universal teamed up in an anti-piracy suit filed Friday in California federal court, alleging a "brazen" internet-based streaming service called Nitro TV is stealing their copyrighted content.

  • April 03, 2020

    Judge OKs $4.7M Atty Award, Citing Opponent's Legal Bill

    A California federal judge on Friday reduced a $50.4 million antitrust judgment against a Chinese telescope maker by $3.1 million, but awarded the rival plaintiff's counsel $4.7 million in fees and costs, pointing to the fact that Sheppard Mullin's defense bill was roughly twice the amount.

  • April 03, 2020

    Lyft Ordered To Tell Judge What It's Doing About COVID-19

    A California federal judge ordered Lyft Inc. to provide detailed information about its efforts to help drivers affected by the COVID-19 pandemic Friday, a day after he called out the ride-hailing company's disregard for the law and questioned whether Lyft drivers were using the crisis "as a hook to get a court ruling."

  • April 03, 2020

    New Trial For Ericsson After Fed. Circ. 'Unravels' FRAND Rate

    Ericsson and Chinese smartphone maker TCL will sort out their dispute over licensing rates for TCL's standard-essential wireless patents at trial, after a California federal judge said the Federal Circuit’s remand of the case “unraveled” his entire judgment.

  • April 03, 2020

    SEC Rips Boutique Firm’s Bid For $3M From EB-5 Receiver

    The U.S. Securities and Exchange Commission told a California federal judge that a boutique law firm is trying to get $3 million in fees from the receivership estate for an EB-5 investment fraud scheme simply for getting the receiver appointed.

  • April 03, 2020

    Ex-Hospital Owner Sanctioned For Holding Info In Clinic Fight

    A California federal judge on Thursday sanctioned a Chinese hospital’s former owner for failing to produce documents investors want to use in a $20 million arbitration and foreign litigation in China claiming they were unlawfully pushed out of an in vitro fertilization clinic project.

  • April 03, 2020

    Fed. Circ. Unwinds Acer's Trade Secrets Win Over Intellisoft

    The Federal Circuit vacated a Northern District of California summary judgment win for computer maker Acer America Corp. on allegations it misappropriated trade secrets from Intellisoft, ruling Friday the case should never have been removed to federal court.

  • April 03, 2020

    States’ Suit Touted For Bellwether In Generics Price-Fix Case

    Buyers accusing generic-drug makers of price-fixing urged a Pennsylvania federal judge Thursday to accept a special master’s recommendation and pick a lawsuit by states as their bellwether conspiracy case, pushing back against Teva Pharmaceuticals' objection to the special master's choice.

  • April 03, 2020

    9th Circ. Pauses Speedy Trial Rights In Calif. Southern District

    The Judicial Council of the Ninth Circuit has suspended Speedy Trial Act rules in the Southern District of California, extending the deadline requiring criminal trials to occur within 70 days to within 180 days, prompting concerns by attorneys for immigrants who are being detained without bond.

  • April 03, 2020

    Kingston Calls Bid To Triple $7.5M Patent Verdict 'Outlandish'

    Kingston Technology Co. Inc. has told a California federal judge that Pavo Solutions LLC's bid to triple a $7.5 million jury award for infringing a USB patent is based on "outlandish accusations and over-the-top rhetoric," so it should either pay a much smaller amount or escape the verdict altogether.

  • April 03, 2020

    Injured Cheerleader's $2.6M Trial Win Scrapped On Appeal

    A California state appeals court has ordered a new trial on whether a production company is liable for a former college cheerleader's injury during rehearsal for a film about the exploitation of women in cheerleading, tossing the cheerleader's $2.6 million trial win because the jury wasn’t given a crucial instruction.

  • April 03, 2020

    Coronavirus Q&A: O'Melveny's Health Practice Chair

    In this installment of Coronavirus Q&A, the health practice chair at O'Melveny & Myers LLP discusses a whirlwind effort with California's governor to rapidly revitalize bankrupt hospitals, looming litigation between health insurers and providers over coronavirus costs, and a potential wave of whistleblower suits involving pandemic-related billing and stimulus funds.

  • April 03, 2020

    Zoom's Sudden Rise Presents Test For New Calif. Privacy Law

    The privacy backlash that has accompanied Zoom's meteoric rise since the onset of the COVID-19 pandemic has sparked challenges that are poised to test the strength of California's new privacy law and fuel calls for other states to embrace robust data safeguards.

  • April 03, 2020

    Blockvest Says Issues Of Fact In ICO Fraud Case Remain

    Cryptocurrency company Blockvest LLC and its founder have urged a California federal judge to reject a bid for summary judgment by the U.S. Securities and Exchange Commission in a suit alleging it fraudulently advertised that its initial coin offering had the SEC's nod.

  • April 03, 2020

    McKesson Again Wants Out Of Antitrust-Linked Derivative Suit

    McKesson Corp. has sought another dismissal of a shareholder derivative action accusing the company of concealing its involvement in alleged pharmaceutical industry price-fixing, telling a California federal judge that the latest complaint didn't properly address the issues in the old one.

  • April 03, 2020

    Google 'Infiltrated' Schools To Collect Kids' Data, Ill. Dad Says

    Google has violated state and federal privacy laws by selling and distributing Chromebooks that collect and store students’ facial and voice data, according to a proposed class action filed in California federal court.

  • April 03, 2020

    Trucking Firms Blast Lead Counsel Bid In No-Poach Action

    Trucking companies battling drivers' no-poach allegations have panned a lead counsel bid by the four firms representing the former employees, arguing the firms are just angling to win the top spot if the suit is combined with a related dispute.

  • April 03, 2020

    United And Cigna Cheat Patients On Benefit Money, Suits Say

    Cigna and UnitedHealth Group's behavioral health services arms have colluded with a cost-containment middleman to cheat patients on payments for out-of-network mental health and addiction treatment and underpay providers, according to a series of new proposed class actions.

  • April 03, 2020

    Surveillance Co. Says Facebook Wanted To Use Its Spy Tools

    Controversial surveillance vendor NSO Group is claiming Facebook tried to monitor some of its own users by buying the same software the social media giant accuses NSO of later using to hack into WhatsApp users' phones, the latest twist in what has become an ugly legal battle.

  • April 03, 2020

    Chancery Asks If Jefferies Spiked Defense In $189M Deal

    Delaware's chancellor pressed an attorney for Jefferies Financial Group Friday to explain how its allegedly tainted pre-deal contacts with key HomeFed Corp. minority investors failed to "put the nail in the coffin" of claims that its $189 million take-private merger in mid-2019 deserved business judgment deference.

  • April 03, 2020

    SEC Accuses Entertainment Tech Co. Of $45M Offering Fraud

    The U.S. Securities and Exchange Commission has filed a complaint in California federal court claiming a Beverly Hills-based entertainment technology company deceived its backers to secure $45 million in a nearly decadelong unregistered securities offering.

  • April 03, 2020

    Health Hires: Akin Gump, K&L Gates, EIP, Oric Pharma

    Akin Gump Strauss Hauer & Feld LLP has welcomed back an attorney after a stint at the U.S. Department of Health and Human Services and K&L Gates LLP nabbed the former managing partner of Haynes and Boone LLP's Chicago office, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • April 03, 2020

    9th Circ. Says 'Bureaucratic Nightmare' Immigrant Atty's Fault

    The Ninth Circuit on Thursday granted a British immigrant's request to review a Board of Immigration Appeals decision that denied her permanent resident status, saying she can’t be faulted for her lawyer’s mistake that got her stuck in a 14-year-long “bureaucratic nightmare.”

  • April 03, 2020

    Sugar Claims Tossed In Kombucha False Labeling Suit

    A California federal judge has trimmed a suit alleging a kombucha drink maker owned by Safeway Inc. mislabeled its products, saying while claims related to the drinks' sugar content are "threadbare," the complaint adequately pleads that the labels mislead consumers about their alcohol content.

  • April 03, 2020

    MoFo Can Dig Into Sex Bias Accusers' Employment Records

    The California magistrate judge overseeing discovery in a gender discrimination suit against Morrison & Foerster LLP said the firm can demand its accusers’ performance records from Linklaters, where one now heads the U.S. fintech practice, and Freshfields, where the other was an associate.

Expert Analysis

  • Key Issues As Automakers Shift To Medical Device Production

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    As automakers respond creatively to the COVID-19 pandemic, they must anticipate and address important performance and quality requirements as they work to quickly transform automotive and others factories for medical device production, say advisers and attorneys at King & Spalding.

  • Will COVID-19 Transform The Cannabis Industry?

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    With marijuana deemed essential in many states during the COVID-19 crisis, regulators are relaxing prohibitions on cannabis home delivery and curbside pickup services. These short-term fixes could become lasting mainstays, say attorneys at Goodwin.

  • Opinion

    FTC Should Leave Regulation Of Noncompetes To States

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    If the FTC must use its rulemaking authority to regulate employee noncompete agreements, it should tread cautiously and let states make policy decisions for their citizens and economies, say Russell Beck and Erika Hahn of Beck Reed.

  • Benefits Of Pandemic-Prompted Court Extensions Are Limited

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    State and federal courts are canceling proceedings and pushing out deadlines in response to the novel coronavirus pandemic, but the relief is complex and necessarily incomplete in its power to relieve parties from jurisdictional deadlines, says Neil Lloyd at Schiff Hardin.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Should States Force Property Insurers To Cover Virus Losses?

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    A proposed New Jersey bill requiring some commercial property insurance policies to construe the coronavirus pandemic as a covered cause of loss would likely survive a contract clause challenge, but this type of law could set a dangerous precedent, say Linda Hsu and Savannah Montanez at Selman Breitman.

  • Calif. Ruling Guides Employers On Unlimited Vacation Policies

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    The California Court of Appeal’s recent decision that a company owed former employees unpaid vacation benefits in McPherson v. EF Intercultural Foundation reminds employers to ensure that unlimited time off policies cannot be characterized as a ploy to deny employee benefits, say Anthony Oncidi and Cole Lewis at Proskauer.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Considerations For Conducting Remote Internal Investigations

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    As COVID-19's effects reverberate throughout the corporate sector, in-house legal departments and their outside counsel will need to develop creative techniques to conduct internal investigations remotely, while ensuring that unanticipated risks do not compromise integrity, say attorneys at Steptoe & Johnson.

  • Led Zeppelin Ruling Is Already Affecting Copyright Litigation

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    The first two decisions applying the Ninth Circuit’s Skidmore v. Led Zeppelin decision indicate that the recent trajectory of music copyright infringement law appears to be changing in favor of defendants, limiting what courts find protectable and what they permit a jury to consider, say attorneys at Proskauer.

  • Calif. Privacy Law Considerations For Private Funds

    Excerpt from Lexis Practice Advisor
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    Reece Hirsch and Brian London at Morgan Lewis explore when private investment funds and their managers are subject to the California Consumer Privacy Act and similar state laws, when they are exempt, and what they need to do to comply.

  • Are Pandemic Sellers Actually Violating Price-Gouging Laws?

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    As unscrupulous sellers try to take advantage of Americans by selling products at unconscionable prices during the coronavirus pandemic, economists at Edgeworth Economics​​​​​​​ empirically test whether the prices being charged for goods and services rise to the level of price-gouging as defined by various state laws.

  • Festival Case May Be Preview Of COVID-19 Consumer Suits

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    A class action recently filed in Los Angeles Superior Court challenging a music festival's refund policy after a COVID-19-prompted cancellation may indicate the direction that the plaintiffs bar will pursue in pandemic-related consumer litigation, say attorneys at Bryan Cave.

  • Defending Against A Wave Of Hand Sanitizer Class Actions

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    The U.S. Food and Drug Administration's rebuke of Purell manufacturer Gojo Industries' labeling claims has incited an influx of false advertising class actions against hand sanitizer companies, but there are several viable ways for defendants to respond, says Alex Smith at Jenner & Block.

  • Tips For Executing Contracts Electronically Amid Pandemic

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    While COVID-19 has created unprecedented challenges for even commonplace tasks like contract execution, federal and state legal frameworks offer practical alternatives to manual signing, say attorneys at Cleary.

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