(California Court of Appeal) - Held that a political cartoonist and blogger could not proceed with his lawsuit alleging that a newspaper wrongfully terminated his employment and also defamed him by telling its readers that it had serious questions about the accuracy of one of his blog posts. Affirmed the granting of the newspaper's anti-SLAPP motion.

(United States DC Circuit) - In a Freedom of Information Act case, held that the presidential communications privilege barred disclosure of five memoranda memorializing advice to President Obama about a military strike on Osama bin Laden's compound in Pakistan. Affirmed a summary judgment ruling.

(United States Ninth Circuit) - In an en banc opinion, addressed the constitutionality of a San Francisco ordinance that requires health warnings to be included in advertisements for certain sugar-sweetened beverages. Industry groups challenged the ordinance, contending that it violates freedom of commercial speech. Finding this argument persuasive, the Ninth Circuit held that the district court should have granted a preliminary injunction against the ordinance.

(United States Ninth Circuit) - In an amended opinion, held that an African American-owned operator of television networks sufficiently pleaded that a cable television operator unlawfully refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Affirmed denial of a motion to dismiss, on interlocutory appeal.

(United States DC Circuit) - Held that the federal government could not block a proposed merger between AT&T and Time Warner. The government had sued to enjoin the vertical merger on the basis that it would have anticompetitive effects. However, the D.C. Circuit agreed with the district court's conclusion that the government's evidence was insufficient, and affirmed the denial of a permanent injunction.

(United States Supreme Court) - Held that a copyright claimant may not commence an infringement suit until the Copyright Office registers the copyright. The plaintiff, a news organization that sued a news website for infringement, argued that the relevant date should be when the Copyright Office receives a completed application for registration, even if the Register of Copyrights has not yet acted on that application. The U.S. Supreme Court disagreed, in a unanimous opinion delivered by Justice Ginsburg.

(California Court of Appeal) - Held that a newspaper's anti-SLAPP motion should have been granted to block a libel suit. The plaintiffs failed to make a prima-facie showing that statements regarding them in a series of articles about campaign contributions were false. Reversed in relevant part.

(United States Second Circuit) - Revived a media company's claim that a popular website infringed its copyright in certain photographs of famous celebrities. The website, which enables users to create and share digital photo collages, has a clipper tool that lets users clip images from other websites. Reversed summary judgment in relevant part, in this case involving the Digital Millennium Copyright Act.

(California Court of Appeal) - Held that a board member of a nonprofit corporation was not entitled to a preliminary injunction barring her from being removed from the board. Reversed a preliminary injunction, in this case involving a nonprofit that operates public radio stations.

(United States Seventh Circuit) - Held that an organization may not proceed with its defamation action alleging reputational harm from an article published in an American Bar Association law journal. The author's statements were non-actionable expressions of opinion. Affirmed a dismissal.

(United States Second Circuit) - Held that a media company was not a "consumer reporting agency" subject to the federal Fair Credit Reporting Act. A job applicant alleged that the company's subscription‐based online research platform erroneously showed that he had been previously convicted of theft. Affirmed summary judgment in favor of the media company.

(United States DC Circuit) - Held that Google, Microsoft and Yahoo were not liable for allegedly conspiring to flood the market of online search results with information about so-called scam locksmiths, in order to extract additional advertising revenue. The Communications Decency Act barred this lawsuit brought by more than a dozen locksmith companies. Affirmed a dismissal.

(United States Supreme Court) - Held that a private entity operating public access cable TV channels was not subject to First Amendment constraints on its editorial discretion. The producers of a controversial documentary film contended that the nonprofit corporation running the public access channels was a state actor because it was exercising a function traditionally exclusively reserved to the State, and therefore was subject to suit for violating their free speech rights. However, the U.S. Supreme Court disagreed. Justice Kavanaugh delivered the opinion of the 5-4 Court.

(United States Second Circuit) - Vacate and order the unsealing of summary judgment record and remand. Intervenors, Dershowitz and the Miami Herald, appeal from an order denying motion to unseal filings in a defamation suit stemming from a suit brought as a result of the conviction of Jeffrey Epstein. Appeals court held the district court failed to conduct appropriate review when it ordered records sealed. Appeals court ordered the unsealing of summary judgment materials as there was no privacy interest sufficient to justify continued sealing. The remaining documents require additional review by the district court applying appropriate standards.

(United States Second Circuit) - Vacated and remanded. Palin appeals the dismissal of her defamation complaint against The New York Times for failure to state a claim. Finding the district court erred in relying on facts outside the proceedings, the case is remanded for further proceedings.

(United States Ninth Circuit) - Reversed in part, affirmed in part. Plaintiffs have standing for a Freedom of Information Act claim because the removal of compliance and enforcement records from the USDA website harmed them in real-world ways, differently from the injuries sustained by other Americans.

(California Court of Appeal) - In a judgment enforcement action, arising out of a default judgment for plaintiff in a contracts dispute over defendant's failure to pay for sheet metal, the trial court's entry of amended default judgment is reversed in part and affirmed in part where: 1) Donald Koh was improperly added as a judgment debtor on an alter ego theory under Motores de Mexicali v. Superior Court, 51 Cal.2d 172 (1958); but 2) South Gate Steel was properly added as a judgment debtor on a corporate successor theory.

(California Court of Appeal) - In the third chapter of Silicon Valley litigation spanning more than 14 years involving a microchip company and its successor, alleging breach of fiduciary duty, the judgment entered on plaintiff's cross-complaint against defendant is reversed where the court erred in submitting defendant's statute of limitations defense to the jury, as the cross-complaint was timely filed.

(United States Fourth Circuit) - In a complex matter which began more than fifteen years ago as a bid-rigging scheme conjured up by shipping businesses to defraud the United States, the District Court's grant of summary judgment in favor of defendant is vacated where the court erred by: 1) deciding that the successor corporation liability claims against defendant should be dismissed because they had been inadequately pleaded; and 2) ruling that there was insufficient evidence to justify a trial.

(California Court of Appeal) - In an appeal from an order specifying the buyout value of plaintiffs' 36.7% minority shareholder interest in Katana Software, Inc. pursuant to Corporations Code section 2000(c), is reversed where: 1) the order is an alternative decree which is appealable pursuant to section 2000(c), under Cotton v. Expo Power Systems, Inc. (2009) 170 Cal.App.4th 1371, 1380; and 2) the trial court undervalued their shares when it 'confirmed' three disparate court-ordered appraisals and averaged the appraisals to determine the fair value of the company.

(United States First Circuit) - In an investor suit against the company and four corporate officers, following a drop in the share price of the company, alleging securities fraud in violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (Exchange Act), 15 U.S.C. sections 78j(b) and 78t(a), as well as the Securities and Exchange Commission's (SEC) Rule 10b-5, 17 C.F.R. section 240.10b-5, the district court's judgment is: 1) affirmed as to the dismissal of the securities fraud counts, except with respect to one particular alleged misstatement for which we find the allegations set forth in the complaint sufficient to state a claim; and 2) affirmed as to the disposition of the plaintiffs' claims under Sections 11 and 15, albeit on different grounds than those articulated by the district court.

(California Court of Appeal) - In a case dealing with the issue of whether California's franchise tax applies to an out-of-state corporation whose sole connection with California is a 0.2 percent ownership interest in a manager-managed California limited liability company (LLC) investment fund, the trial court's judgment is affirmed where passively holding a 0.2 percent ownership interest, with no right of control over the business affairs of the LLC, does not constitute 'doing business' in California within the meaning of Rev. & Tax. Code section 23101.

(United States Second Circuit) - In a complaint alleging breach of fiduciary duty by defendant, a former partner and fifty percent owner of plaintiff corporation, the district court's grant of summary judgment to defendants is affirmed over plaintiff's meritless arguments that: 1) the district court incorrectly applied the doctrine of collateral estoppel; and 2) Chapter 15 of the United States Bankruptcy Code prevents the district court from giving preclusive effect to the Cayman court's factual findings.

(California Court of Appeal) - In a complaint alleging breach of fiduciary duty by defendant, a former partner and fifty percent owner of plaintiff corporation, the district court's grant of summary judgment to defendants is affirmed over plaintiff's meritless arguments that: 1) the district court incorrectly applied the doctrine of collateral estoppel; and 2) Chapter 15 of the United States Bankruptcy Code prevents the district court from giving preclusive effect to the Cayman court's factual findings.

(California Court of Appeal) - In an action for breach of an indemnity agreement, the trial court's grant of summary judgment requiring defendant to pay plaintiff approximately $6.07 million pursuant to the indemnity agreement is affirmed where although the signatory did not have actual authority to execute the indemnity agreement on defendant's behalf, in these circumstances, the person's signature binds defendant pursuant to former Corporations Code section 17157(d) (now section 17703.01(d)), provided that the other party to the agreement does not have actual knowledge of the person's lack of authority to execute the agreement on behalf of defendant.

(California Court of Appeal) - In the People's appeal pursuant to Penal Code section 1238(a)(1), challenging the trial court's order to set aside certain counts of charges against defendant for using false statements in the offer or sale of a security, Corp. Code sections 25401, 25540(b), after defendant persuaded an acquaintance to invest in a real estate development opportunity in Idaho in return for a promissory note, the terms of which were amended and extended several times but never realized, the trial court's order is affirmed where the promissory notes offered for the investment in the real estate development scheme were not securities within the meaning of the Corporate Securities Law.

(California Court of Appeal) - In a dispute involving the control of a pest control company started by decedent, asserting causes of action to recover damages for conversion, breach of fiduciary duty, and aiding and abetting breach of fiduciary duty based on actions taken by defendant (decedent's wife) in cooperation with the decedent, the trial court granted of defendant's anti-SLAPP motion as to plaintiff's intentional infliction of emotional distress claim is: 1) modified by granting defendants' motion to strike the specific claims founded on allegations of protected activity in each remaining cause of action in the cross-complaint; and 2) otherwise affirmed as modified.

(California Court of Appeal) - In an action brought by a member of a nonprofit mutual benefit corporation to inspect the corporation's membership list, and other books and records, the trial court's denial of the plaintiff's petition for writ of mandate to compel inspection, on grounds that the member sought the inspection for an improper purpose, unrelated to his interest as a member of the corporation, and findings that the corporation did not timely challenge the request for the membership list as required by statute, and therefore ordered the list disclosed, is affirmed in part and reversed in part where: 1) substantial evidence supports the trial court’s finding that the member sought the information for an improper purpose; and 2) the corporation's challenge to disclosing the membership list was not barred by statute.

(California Court of Appeal) - In a suit brought by the former CEO of American Apparel whose employment was terminated following an investigation into allegations that he engaged in various types of misconduct, alleging several causes of action rooted in plaintiff's claim that the press release announcing his termination contained false and defamatory information about him, the trial court's grant of defendant's order granting an anti-SLAPP motion, Code Civ. Proc. section 425.16, is affirmed where plainitiff did not satisfy his burden of showing there was a minimal chance his claims would succeed at trial.

(California Court of Appeal) - In an action against two insurance companies, brought by a plaintiff-insured who was denied coverage under a D&O policy because he was convicted of securities fraud, the trial court's judgment sustaining defendants' demurrer and dismissing the complaint is: 1) affirmed in part where the AXIS demurrer was properly sustained because AXIS was a stranger to the HCC policy and owed no duties connected with it; but 2) reversed in part where the HCC demurrer was improperly sustained because when a policy expressly provides coverage for litigation expenses on appeal, an exclusion requiring repayment to the insurer upon a 'final determination' of the insured's culpability applies only after the insured's direct appeals have been exhausted.

(California Court of Appeal) - In a corporate governance action, arising from plaintiff corporation's suit over the exercise of its right to repurchase shares of its stock, given to defendant under a stock incentive plan for outside directors on its board, the trial court's grant of summary judgment to defendant is: 1) reversed because plaintiff's conversion claim could be based on either ownership or the right to possession at the time of conversion; and 2) affirmed because plaintiff's fraud claims were not timely under either the discovery rule or relation back doctrine, and thus barred by the statute of limitations.

(California Court of Appeal) - In a a shareholder derivative action on behalf of a company, alleging that individual members of the company's board and affiliated entities improperly exploited their control of the corporation in entering into three separate self-dealing transactions, the district court's dismissal of the complaint, concluding that the dilution claim was properly derivative under Delaware law and that plaintiff failed to plead demand futility under Fed. R. Civ. P. Rule 23.1(b)(3)(B), as to any of the claims, is affirmed where: 1) plaintiff's dilution claim was properly derivative, not direct; 2) the district court had subject matter jurisdiction to adjudicate the non-class, derivative claims; and 3) plaintiff did not allege facts sufficient to excuse it from making a pre-suit demand.

(United States Ninth Circuit) - In a petition challenging a notice of Final Partnership Administrative Adjustment, the Tax Court’s dismissal, for lack of jurisdiction, is affirmed where: 1) because plaintiff contended that his business entity was a small partnership not subject to the audit procedures under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), entities that are disregarded for federal tax purposes may nevertheless constitute pass-thru partners under 26 U.S.C. section 6231(a)(9), such that the small-partnership exception under section 6231 does not apply and the partnership is therefore subject to the TEFRA audit procedures; 2) resolution of this question iss inextricably intertwined with the contention that plaintiff had standing to file a petition for readjustment of partnership items on behalf of his purported small partnership; and 3) as to standing, because a party other than plaintiff's entity's tax matters partner filed a petition for readjustment of partnership items after the partnership had timely done the same, the Tax Court lacked jurisdiction under 26 U.S.C. section 6226.

(United States Third Circuit) - In a communications company's partnership dispute, arising out of the transfer of partnership assets without compensation, the district court's judgment is: 1) affirmed on alternative grounds the decision to enter summary judgment in defendant's favor on the claim of fraud; and 2) vacated as to judgment in defendant's favor on plaintiff's remaining claims where the District Court erred in concluding that tolling of the statute of limitations is categorically inappropriate when a plaintiff has inquiry notice before initiating a books and records action in the Delaware courts.

(United States Third Circuit) - Affirming the Tax Court's application of the Ilfield doctrine in holding that the double deduction for losses incurred by the subsidiary of a company was improper and disallowing $199 million of those losses.

(United States Second Circuit) - Reversing the district court's denial of the defendant police officer's motion for judgment on the pleadings and dismissing the remainder of the appeal in a case alleging false arrest and imprisonment because there was evidence the officers had probable cause for the arrest and they are entitled to qualified immunity under New York law.

(California Court of Appeal) - Affirming the trial court's summary judgment as to nine outside directors of McAfee in a class action corporate malfeasance case relating to the company's merger with Intel in which former public shareholders alleged an unfair process contaminated by conflicts that resulted in an undervalued price at sale, but reversing the judgment as to the former CEO and the corporate defendants

(United States First Circuit) - Affirming bankruptcy court and district court rulings that a transaction involving the debt-financed purchase of a family owned leather manufacturer was not a fraudulent conveyance and did not amount to a violation of the fiduciary duties of the company's directors because the factual determinations were not clearly erroneous and supported the court's conclusions.

(California Court of Appeal) - Reversing the trial court's order reinstating the Gurneys, the producers of Duck Dynasty, to positions managing the day-to-day operations of the plaintiff company that they once owned and are the minority owners of, who had been fired from their roles as CEOs and removed from management, because the very operating agreement the Gurneys said gave them authority to manage actually gave the company, through its board, the ultimate authority and allowed them to remove the Gurneys from management, but affirming the preliminary injunction allowing them to continue as board members and barring the company from infringing their rights in that position.

(California Court of Appeal) - Issuing a peremptory writ of mandate and vacating the superior court's refusal to apply the Braddock rule, requiring that the court assess demand futility as to the board in place when an amended complaint is filed in a corporate action, because the rule is consistent with relevant aspects of California law.

(California Court of Appeal) - Granting a petition for writ of mandate and directing the superior court to modify an order sustaining real parties' demurrer to a plaintiff's cause of action and entering a new order overruling a portion of the demurrer because the lower court improperly analyzed the claim of conversion.

(United States Ninth Circuit) - Reversing a district court dismissal for lack of subject matter jurisdiction a case involving potential jurisdictional manipulation and alter ego relationships between companies in a case where a new company's state of residence was unclear because it hadn't conducted any activity apart from incorporation.

(California Court of Appeal) - Affirming the dismissal of a complaint brought by a company formed by a hairdresser who attempted to take advantage of changes in the law relating to whether cancelled companies can pursue litigation rather than litigate in a forthcoming manner, creating a situation where they were technically entitled to proceed but allowing them to do so would be unfair.

(Supreme Court of California) - Holding that under California law, a dissolved law firm has no property interest in legal matters handled on an hourly basis and therefore no interest in profits generated by a former partners' work on hourly fee matters pending at the time of dissolution.

(California Court of Appeal) - Affirming the entry of judgment in favor of the defense following a jury trial alleging the breach of fiduciary duty in the operation of a seafood restaurant in San Diego because the partnership or joint venture was terminated when they incorporated the business and yet the claims were based on partnership or joint venture.

(United States Fourth Circuit) - Affirming the district court's ruling holding a man liable for a fraudulent scheme involving the unauthorized transmission of DIRECTV's television programming and the entry of a judgment for over two million dollars and permitting the reverse veil piercing of three limited liability companies in order to satisfy the judgment.

(California Court of Appeal) - Affirming the grant of summary judgment to Google executives in a suit brought by three shareholders bringing derivative suits alleging the corporation was harmed by executives who agreed to refrain from actively recruiting employees working for competitors, an arrangement that had been previously abandoned when it gave rise to antitrust issues with the Department of Justice, because the claim was barred by the three-year statute of limitations.

(California Court of Appeal) - Affirming a judgment after jury trial and the denial of the defendant's motion for judgment notwithstanding the verdict in the cases of a business dispute, but also affirming the grant of nonsuit to the defendant's fiance and the denial of a motion to amend the complaint and the refusal to admit the plaintiff's expert testimony in a suit relating to the breakdown in the business relationship of the dealers for MetroPCS stores in California.

(United States Supreme Court) - Affirming the dismissal of Alien Tort Statute complaints filed by the victims of terrorist attacks against a Jordanian bank with a New York branch they said was used to process transactions by a Texas-based charity allegedly affiliated with Hamas because under Kiobel v. Royal Dutch Petrolium Co. the ATS does not extend to suits against foreign corporations when all relevant conduct took place out of the United States, extending this holding to deem that foreign corporations may not be sued under the ATS generally.

(United States Federal Circuit) - Reversing and remanding the suit alleging infringement of five US patents for lack of personal jurisdiction by a UK company with a Texas subsidiary suing a Brazilian company with a Minnesota subsidiary because Federal Rules of Civil Procedure supported the exercise of specific personal jurisdiction.