News & Analysis as of

California Breach of Contract

Proskauer - New Media & Technology

California Court Issues Another Noteworthy Decision Dismissing Breach of Contract and Tort Claims in Web Scraping Dispute

On May 9, 2024, a California district court dismissed, with leave to amend, the complaint brought by social media platform X Corp. (formerly Twitter) against data provider Bright Data Ltd. (“Bright Data”) over Bright Data’s...more

Proskauer - New Media & Technology

California Court Issues Noteworthy Decision on Breach of Contract Claims in Web Scraping Dispute

On January 23, 2024, a California district court released its opinion in a closely-watched scraping dispute between the social media platform Meta and data provider Bright Data Ltd. (“Bright Data”) over Bright Data’s alleged...more

Tyson & Mendes LLP

The California Insurance Code and Willful Acts

Tyson & Mendes LLP on

Companies facing lawsuits involving alleged claims of willful acts have had a rude awakening following the ruling in The Wonderful Co. LLC et al. v. Starr Indemnity & Liability Co. by a California federal court that came at...more

Snell & Wilmer

The Implications of California’s Departure From Judgments by Confession

Snell & Wilmer on

Traditionally, California permitted judgments by confession are subject to certain limitations, such as requiring an independent attorney to examine the proposal and advise the debtor on the waiver of rights and defenses. As...more

Proskauer - California Employment Law

If We’ve Said It Once, We’ve Said It 1,000 Times… Pay Those Arbitration Fees Early And Often!

Many California employers and their counsel remain blissfully ignorant of the latest “gotcha” law in California, which can easily derail an otherwise perfectly planned arbitration. Back in 2019, the California legislature,...more

Patton Sullivan Brodehl LLP

Alter Ego Liability for LLC Managers: the Facts Matter

Alter ego liability is a frequent topic covered in The LLC Jungle — see here for a list of all prior “alter ego” related posts. The alter ego doctrine allows a court to disregard a corporate entity (including LLCs) and...more

Miller Starr Regalia

Valid Liquidated Damages Or Unenforceable Penalties? A Discussion Of Recent California Appellate Court Decisions

Miller Starr Regalia on

Contracting parties build liquidated damages provisions into their agreements in a variety of contexts. These provisions unquestionably can serve useful and legitimate functions including controlling risk exposure and...more

Patton Sullivan Brodehl LLP

Quasi-Judicial Immunity for Court-Appointed Partition Brokers

In California, several classes of persons are entitled to some form of immunity protecting them from liability for activities performed in connection with judicial proceedings. For example, “judicial immunity” bars civil...more

Allen Matkins

California Supreme Court Denies Review Of Default Interest Decision

Allen Matkins on

California Civil Code Section 1671 provides that a liquidated damages provision is either presumptively valid or invalid depending upon the subject matter of the contract.  If the contract involves “the retail purchase, or...more

Allen Matkins

Should Contracts Abjure Any Unstated Motivating Purposes?

Allen Matkins on

The City of Oakland was not happy with the decision of the Oakland Raiders football team to move to Las Vegas, Nevada and it was filed a lawsuit alleging that it was a third party beneficiary of the league's relocation...more

Proskauer - California Employment Law

California Court Confirms Kevin Spacey Must Pay $31 Million to House of Cards Producers

The Los Angeles County Superior Court has confirmed an arbitrator’s October 2021 award of $31 million to be paid by actor Kevin Spacey to producers of the Netflix show House of Cards for Spacey’s alleged breach of contract. ...more

Rumberger | Kirk

McHugh, Thomas, and the Long-Term Risk of California Insurance Code Sections 10113.71 and 10113.72

Rumberger | Kirk on

In 2012, the California Legisla­ture enacted changes to the California Insurance Code that provide protections intended to shield consumers from los­ing life insurance coverage due to late or missed insurance premium...more

Allen Matkins

California Supreme Court Allows Treble Damages For Diversion Improper Limited Partnership Distributions

Allen Matkins on

Section 496(a) of the California Penal Code criminalizes the receipt of stolen property.  Section 496(c) provides that a person injured by a violation of Section 496(a) may "bring an action for three times the amount of...more

Bradley Arant Boult Cummings LLP

Want to File a Mechanics’ Lien in California? Here’s What You Can (and Can’t) Include

How can a contractor, subcontractor, or supplier secure payment for its work? One solution is to file a mechanics’ lien against a project’s property. Lien laws vary widely from state to state and time to time because...more

Snell & Wilmer

California Construction Law Update for 2021

Snell & Wilmer on

In the 2020 COVID-19 year, there were not that many construction-related cases decided by the California Courts of Appeal, and none by the California Supreme Court. However, there were a number of interesting cases that raise...more

ArentFox Schiff

Class Actions Quarterly Update: Labor and Employment

ArentFox Schiff on

Garner v. Inter-State Oil Co., 52 Cal.App.5th 619, Cal. App. 3 Dist., June 26, 2020, as modified (Jul 23, 2020) - Plaintiff filed a class action alleging that his employer, Inter-State Oil Co., violated a variety of wage...more

Fish & Richardson

Unlocking California’s Trade Secret Identification Requirement Under California Code of Civil Procedure Sec. 2019.210 – Part 2

Fish & Richardson on

California trade secret law presents a unique statutory framework among state and federal trade secret laws that requires plaintiffs to identify the misappropriated trade secrets before discovery commences. A previous post...more

Buchalter

Buchalter COVID-19 Client Alert: San Francisco Extends Commercial Eviction Moratorium and Provides Repayment Relief for Qualified...

Buchalter on

On November 17, 2020, the San Francisco Board of Supervisors unanimously approved an extension to the commercial eviction moratorium that had been previously enacted and extended on a month-to-month basis by mayoral...more

ArentFox Schiff

Federal Circuit Court of Appeals Makes Waves For Post-Employment Invention Assignment Provisions

ArentFox Schiff on

The Federal Circuit Court has issued an opinion invalidating a post-employment invention assignment provision in an employment agreement because the assignment provision violated California law disfavoring restrictive...more

Pillsbury Winthrop Shaw Pittman LLP

Court Dismisses COVID-19 Flight Cancellation and Refund Class Action Lawsuit Brought Against Norwegian Air

With airlines facing over 30 class actions across the country seeking refunds for COVID-19 related flight cancellations, Pillsbury client Norwegian Air is the first to obtain a dismissal with prejudice. Boilerplate...more

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