California Case Summaries

Business Transactions

Primary practice area

Ninth Circuit Court of Appeals, Business Transactions, Civil Procedure, Litigation

Devas Multimedia v. Antrix — Foreign Sovereign Cannot Avoid Arbitral Award on Forum Grounds

The Ninth Circuit held that the FSIA arbitration exception supplied subject-matter jurisdiction and that exercising personal jurisdiction was reasonable even assuming Antrix could invoke Fifth Amendment protections. It also held that forum non conveniens does not defeat an action to confirm a Convention award because contracting nations must recognize covered awards and a foreign court cannot attach assets in the United States.

Ninth Circuit Court of Appeals, Business Transactions, Intellectual Property, Litigation

Comet Technologies USA v. XP Power — Ninth Circuit Vacates $40 Million Trade Secret Verdict Over Burden-of-Proof Error

The Ninth Circuit vacated a $40 million jury verdict for semiconductor component maker Comet Technologies and ordered a new trial after finding that the district court erroneously placed the burden of proving "ready ascertainability" of alleged trade secrets on XP Power rather than on Comet, in violation of the federal Defend Trade Secrets Act.

2nd District Court of Appeal, Business Transactions, Litigation

Pitt v. Shefler — Russian Billionaire’s Purchase of Jolie’s California Company Subjects Him to California Jurisdiction

The Second District reverses a quashal of service, holding that Yuri Shefler — Swiss-resident billionaire and beneficial owner of SPI Group — is subject to personal jurisdiction in California because he directed, financed, and personally communicated about the purchase of Angelina Jolie's California LLC (Nouvel) in a deal governed by California law.

4th District Court of Appeal, Business Transactions, Intellectual Property, Labor & Employment Law

Guild Mortgage v. CrossCountry Mortgage — Court Revives Claims Against Rival That Orchestrated Branch Defection, Rejects CUTSA Displacement

The Fourth District revives claims against a rival mortgage company that allegedly orchestrated a branch defection scheme, holding that all employees owe a duty of loyalty and that CUTSA does not displace interference or computer fraud claims.

Ninth Circuit Court of Appeals, Business Transactions, Litigation

Olson v. FCA US, LLC — Car Manufacturer Cannot Force Consumer to Arbitrate Using Dealership’s Arbitration Clause

Ninth Circuit holds that an automobile manufacturer that was not a party to a consumer's lease agreement with a dealership cannot enforce the lease's arbitration or delegation clause, reaffirming Kramer v. Toyota and applying the California Supreme Court's Ford Motor Warranty Cases decision.

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