GUEST COLUMNS
Tuesday, February 25, 2020
In recent years, state regulators and private plaintiffs have attempted to circumvent and undermine a regime of legal certainty by arguing that preemption of state usury laws should apply only if — after applying a fact-intensive, multi-factor test — the bank is determined to be the "true lender" on the loan.
To help ensure increased biosimilar licensing and consumer and healthcare provider awareness of the benefits of biosimilars, the Food and Drug Administration and the Federal Trade Commission recently issued a joint statement identifying four joint goals regarding the market for biologics
Monday, February 24, 2020
Rob and Mialisa Bonta describe themselves as partners in life and partners in service. Together since they were 17-year-old freshmen at Yale, the Democratic assemblyman and his wife, an Alameda school board member, have long shared an ambition to provide young people with educational opportunities.
On a recent afternoon, more than a dozen California lawmakers gathered to discuss thorny issues impacting a state that is the cradle of technological innovation — but also suffering from wildfires, aging infrastructure, and vast economic inequality.
This action by the Los Angeles District Attorney should serve a clarion call to others around the state to follow suit.
At a time when rural schools all over California struggle to keep students in school, a three-year-old experiment in the southern Fresno County community of Parlier is showing some interesting results.
The outbreak of coronavirus disease has infected tens of thousands of people in China and escalating numbers in at least two dozen other countries, including the United States.
Back in the 1800s, the expression "pull oneself up by the bootstraps" meant the opposite of what it does now. Then it was used mockingly to describe an impossible act.
Friday, February 21, 2020
No one can predict the future, but one thing is for sure: If we leave unanswered questions about how to handle our affairs after we pass, life for our loved ones could become much more difficult.
While securities fraud remains atop as the most active area for blockchain litigation — due in part to the rush towards initial coin offerings from 2017 onwards — disputes over intellectual property, unfair competition, class action membership, consumer protection, tax, immigration and elections law have begun.
Although there is certainly no express exemption for big data written into the Sherman Act, determining exactly how antitrust law (as opposed to, say, consumer protection law) applies has been far from trivial.
Wednesday, February 19, 2020
The debate over the Supreme Court of California's 2018 Dynamex decision – in which the state's highest court adopted the so-called "ABC test" for determining whether a worker is properly classified as an independent contractor or as an employee – and the California legislature's subsequent codification of Dynamex via Assembly Bill 5 (A.B. 5), has dominated the legal landscape of California employment law.
California's law dictating the number of women who must be hired to the boards of publicly traded California corporations (whether incorporated or just headquartered in California). This woman quota (Senate Bill 826) is plainly unconstitutional.
A crisis, it's been said, is a terrible thing to waste. Stanford economist Paul Romer coined the phrase in 2004 in referring to the nation's waning education levels and it's since been adopted and adapted by others.
Thursday, January 30, 2020
Rent control may well limit rent increases on current occupied units and enable existing tenants to remain in their units longer; however, it discourages new housing starts and creates scarcity.
Sen. Scott Wiener's controversial Senate Bill 50 is huffing and puffing its way back to the 2020 California legislative session. It aims to blow down formerly protected constitutional authority for cities to tackle their own planning and zoning.
Rent control may well limit rent increases on current occupied units and enable existing tenants to remain in their units longer; however, it discourages new housing starts and creates scarcity.
I hate word games. One that has haunted the land use field for years is the use (or abuse) of the word "dedication." Land use regulators are fond of requiring property owners to "dedicate" property as a condition to obtaining development approval.
In Guardant Health, Inc. v. Foundation Medicine, Inc., 1-17-cv-01616 (DDE 2020-01-07, Order), the Court rejected the Plaintiff's argument that an inequitable conduct claim must be related only to the prosecution of the patent-at-issue in ruling on plaintiff's motion to dismiss defendants' infectious unenforceability counterclaims. In the case, the Defendants' theory as to the unenforceability of U.S. Patent No. 9,902,992 (the '992 patent) was not based on inequitable conduct said to have occurred during the '992 patent's prosecution.
Monday, January 13, 2020
It sounds so simple. The Clean Water Act applies to "waters of the United States." But a clear and consistent definition of this critically important phrase has long proved painfully elusive.
Teaching the required course in professional responsibility, an anodyne title for legal ethics, I always face the same issue at the beginning of the semester.
The U.S. Department of Labor recently revised its regulations governing the calculation of the "regular rate of pay."
Friday, January 10, 2020
The start of the new year is a great time to focus on your finances and put them into perspective.
"Flavor of the Month" is a misnomer, particularly for PFAS; between a hit movie (Dark Waters) and the interest of class action plaintiffs' attorneys, we can expect to hear about PFAS for a long time. But the catchphrase is accurate in implying that media interest usually moves on to another potential threat from other "forever chemicals" long before a solution to an old problem is found.
One leap forward and two missed steps
Wednesday, January 8, 2020
It's a presidential election year, so what can California voters anticipate between now and Nov. 3?
Someone will have to pay for wildfire risks, whether it's the individual policyholder, the insurance industry or the taxpayers; and it will most likely be some combination of all of them.
Monday, January 6, 2020
"Behavioral Legal Ethics" is a relatively new area of the law that deals with how automatic and mostly unconscious processes potentially lead otherwise well-intentioned people to make self-serving decisions, and the implication of such actions for legal policymaking.
Less than 72 hours old, the employee-presumptive Assembly Bill 5 already faces several legal challenges from industries opposed to reclassifying independent contractors.
Happy new year! Hopefully, you got everything you wanted for Christmas and didn't get a lump of coal. For one contractor, aptly named Black Diamond Electric, Inc., the holidays weren't so good.
Friday, January 3, 2020
The U.S. Court of Appeals for the Federal Circuit has upended divided patent infringement.
Domestic violence is a complex phenomenon that impacts families across generations. Victims can become perpetrators. Perpetrators are often victims. Family members who were never physically touched by violence are still deeply affected. Fear and shame can generate silence. These factors, and many others, allow the cycle to continue.
Three appellate courts recently reached different conclusions regarding whether a claim for contractual indemnity "arises from" protected petitioning activity within the meaning of California's anti-SLAPP statute.
When Disney chose to delay the production and release of merchandise related to The Child—commonly referred to as Baby Yoda—from its hit series, The Mandalorian, it created a significant opportunity for unlicensed fans to create and sell such merchandise.
Thursday, January 2, 2020
Would you be willing to delay your retirement to help your child pay for their first car, college education or wedding? Increasingly a lot of Americans say the answer is yes.
Choice of entity has always been a difficult decision, but two years later we are seeing that the Tax Cuts and Jobs Act of 2017 has made it a little bit easier.
The Federal Trade Commission (FTC) announced a record-setting $191 million settlement with the University of Phoenix (UOP) and its parent company, Apollo Education Group, Inc., following allegations that the school deceptively advertised the benefits of a UOP education.
Senate Bill is a lengthy and complicated piece of housing legislation that will significantly affect land development in California. But does the new law unreasonably curb local agencies' police power? Or is it the answer to solving the state's housing crisis?
Tuesday, December 31, 2019
Banks are caught in the between state and federal laws on marijuana. Like any other business, marijuana producers and dispensaries need bank accounts to avoid the costly and dangerous consequences of all-cash dealings.
In the early 2000's, an all-girl band called 3LW performed a song called "Playas Gon' Play," which was written by Sean Hall and Nathan Butler. "Playas Gon' Play" was initially released in May, 2001 and rose to number 81 on the Billboard's Hot 100 chart.
Whistleblowers often face the same Catch-22 as recent college graduates. You can't get a job without experience, and you can't get experience without a job. Similarly, a whistleblower cannot prove corporate misconduct without documents, but appropriating corporate documents — or "purloining" as the employer would say — may result in suspension or termination.
Monday, December 30, 2019
It is an historical anomaly that Supreme Court justices are the only judicial category not currently covered by a code of conduct.
Earlier this year Congress enacted the Small Business Reorganization Act of 2019 with the stated goal of assisting small business debtors who have struggled to reorganize under Chapter 11.
Monday, December 23, 2019
In 2019, the California Legislature had another busy year working on new environmental and natural resource bills.
Friday, December 20, 2019
Many parents have children who have accrued significant debt while they are in college. College graduates often have multiple loans ? each one requiring its own payments on its own due date each month. Aside from parents giving money, there are steps they can encourage their child to take to help manage those debts.
Although they are generally distinct sections with their own provisions, there is one possibility in which Section 1031 exchanges and opportunity zones can intersect.
Wednesday, December 18, 2019
Gov. Gavin Newsom says he wants Pacific Gas & Electric Co. to become a "radically restructured and transformed utility that is responsible and accountable?..." But how?
Friday, December 13, 2019
With the new year upon us, those who collect Social Security or pay into the public retirement program through payroll deduction will see some changes. The Social Security Administration makes cost-of-living adjustments on an annual basis. Here's how the changes may impact you:
Wednesday, December 11, 2019
Exactly 40 years ago today, a political power struggle erupted in the California Assembly, one that lasted nearly a year and fundamentally altered the Capitol's culture.
Tuesday, December 10, 2019
A veteran's access to a lawyer can mean the difference between living under a roof or under a bridge
Monday, December 9, 2019
Individuals, creators and businesses have a right and a duty to protect themselves and their assets from infringing online activities and to censor unconstitutional speech. However, if copyrighted material found online was fairly used and statements were made in furtherance of free speech related to a public issue, defenses such as fair use and improper takedown under the Digital Millennium Copyright Act, as well as anti-SLAPP (strategic lawsuits against public participation) motions, will prevail and alleged unlawful activity will be deemed lawful
Friday, December 6, 2019
It's the holiday season. A time when family and friends, and even neighbors, gather together.
Thursday, December 5, 2019
The U.S. Supreme Court granted certiorari on a petition filed by the U.S. Patent and Trademark Office to review whether BOOKING.COM is a registrable trademark.
Wednesday, December 4, 2019
Sooner or later, the state Supreme Court must clear up a legal ambiguity it created over how many votes are needed to enact local tax increases.
Monday, December 2, 2019
Like many teachers, I regularly tell my students there are no "stupid" questions; yet like many of my peers, I am not always sure how to answer. Here are a few examples of conversations that have flummoxed me.
Friday, November 29, 2019
In many ways, 2019 has been a miserable year for the world economy, with trade wars, geopolitical instability and slowing growth. Yet global investors in fact have much to celebrate this year — no matter where they invested their money.
Wednesday, November 27, 2019
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How confident are you about the insurance strategies you have in place to protect against an unexpected turn in your life? Do you feel like you have a clear handle on how to manage your insurance needs effectively?
Thursday, November 21, 2019
Earlier this month, AT&T stipulated to a $60 million judgment to settle the case. The money will be distributed as a partial refund to current and former customers whose mobile data speeds were throttled by AT&T.
Wednesday, November 20, 2019
Remember the children's fable about the wolf who was attempting to capture and consume the three little pigs?
Monday, November 18, 2019
A raft of new employment laws take effect on January 1, 2020. To help employers prioritize the many required changes to policies, forms, and procedures, we provide a non-exhaustive list of matters requiring employers' attention by year's end. This discussion may not take into account special exceptions contained in the laws, and is not a substitute for legal advice tailored to a particular situation.
Friday, November 15, 2019
The gift-giving season is fast approaching. So, if you are like a lot of people, this means you are spending time trying to brainstorm gifts to give your loved ones ? something that they will use and appreciate. For those disillusioned with giving gifts that are quickly used up or forgotten the moment the wrapping paper comes off, consider a financial gift designed to make an impact. Here are a few financial gift ideas you can feel good about giving.
Thursday, November 14, 2019
Jerry Dewayne Williams, if popular folklore is to be believed, should be coming up for parole soon.
Wednesday, November 13, 2019
California's economy has been booming for most of this decade and has generated a cornucopia of tax revenues for state and local governments.
Tuesday, November 12, 2019
One take on the current race to be the next district attorney of Los Angeles County.
Ready or not, tax time is looming. And as we enter the last two months of 2019, many opportunity zone investors and developers are busy planning for year-end transactions to maximize tax benefits.
Thursday, November 7, 2019
In Arthrex Inc. v. Smith & Nephew Inc. et al., case number 18-2140, the U.S. Court of Appeals for the Federal Circuit recently considered whether the appointment of the Board's Administrative Patent Judges ("APJs") by the Secretary of Commerce, as currently set forth in Title 35, violates the Appointments Clause of the U.S. Constitution.
Wednesday, November 6, 2019
Having declared "I own it," Gov. Gavin Newsom is stepping up his personal involvement and political investment in the disaster-tinged bankruptcy of Pacific Gas and Electric Co., wagering his still-new governorship on reforming — or dissolving — the nation's largest investor-owned utility.
Tuesday, November 5, 2019
Elijah Cummings, Daniel Goodman and George Washington
Friday, November 1, 2019
We hear frequent references in the news to the Federal Reserve (or the "Fed," as it is more commonly called). Yet, for many individual investors and consumers, the way the Fed affects their lives is a bit cloudy. So, let's clear the air.
Thursday, October 31, 2019
Should a company be required to license its patents to a competitor? That's one question that arises when intellectual property law and antitrust law intersect.
Wednesday, October 30, 2019
Apple Inc. and Google LLC are "nothing more than modern tape pirates" according to amended complaint filed Friday in a Los Angeles federal court by the rights-holder to the works of an acclaimed composer and songwriter.
Tuesday, October 29, 2019
With the looming implementation of AB 5 many people in various trades and professions are asking, "Are we now employees?" One such profession is the golf industry.
Friday, October 25, 2019
Investors who follow the markets have seen headlines in recent weeks about something called the "inverted yield curve." For those less familiar with the phenomenon, an inverted yield curve is essentially a point on a chart where short-term investments in U.S. Treasury bonds pay more than long-term ones. And when it occurs, it's generally regarded as a warning sign for the economy and markets.
Thursday, October 24, 2019
Before 1995, the term of a U.S. utility patent was 17 years from the day the patent issued. In 1994, the federal statutes were changed to make the patent term 20 years from the effective filing date of the patent application.
Wednesday, October 23, 2019
Gavin Newsom has a transportation problem — not personally, but politically.
Tuesday, October 22, 2019
This article is Part 2 of a two-part series providing an overview of recent California Supreme Court decisions in employment law.
Monday, October 21, 2019
Californians often cite homelessness as the top issue facing their state.
Friday, October 18, 2019
As a financial advisor, I've worked with many clients as they plan for their dream home and gleaned insights on the process along the way. Building a home can be an exciting, but challenging time. It takes a plan with realistic timelines, budgets and expectations to stay on track and keep your sanity through what can feel like an overwhelming process. If building a home is on your bucket list, here are some considerations before you start.
Thursday, October 17, 2019
Be careful what you ask for because you may get it. This old adage had particular meaning for the Federal Communications Commission earlier this month when the U.S. District Court for the District of Columbia upheld the FCC's repeal of net neutrality rules in 2018. But net neutrality rules are likely to come back even stronger.
Wednesday, October 16, 2019
As Gavin Newsom disposes of the last few bills from the 2019 legislative session, he more or less closes the book on his first year as governor and it's an appropriate moment for a progress report.
Tuesday, October 15, 2019
It was a problem that California had come to dread. The risk of wildfires was high. acific Gas & Electric, the giant utility whose power lines and transformers have been blamed for a series of disastrous wildfires in recent years, was determined to prevent another one.
Monday, October 14, 2019
This article is Part 1 of a two-part series providing an overview of recent California Supreme Court decisions in employment law.
Wednesday, October 9, 2019
Educational accountability is attracting a lot of political attention — or perhaps lip service — these days in California.
Monday, October 7, 2019
For years, the state of California has wanted to expand public access to the beaches at Hollister Ranch in Santa Barbara County. The state has been unsuccessful, some claim, because rich property owners have thwarted the will of the people.
Monday, September 30, 2019
For James Ehrlich, farm-to-table is just a starting point for the future.
Friday, September 27, 2019
For families of individuals with disabilities, crafting a financial plan requires a delicate balance. As a financial advisor, I've seen this balance play out firsthand. Families want to save responsibly, anticipating future expenses including retirement, but need to be careful not to save more than the limits required for government assistance.
Wednesday, September 25, 2019
A political scandal that erupted in San Diego 16 years ago indirectly established a peculiar — and unseemly — ethical double standard regarding local ballot measures.
Tuesday, September 24, 2019
College application season is approaching, and that means prospective students are in the midst of campus visits.
Wednesday, September 18, 2019
It had to happen sooner or later.
Monday, September 16, 2019
Giving a teenager a credit card may seem a risky proposition. But finance experts say it can be a helpful educational step, with proper limits.
Friday, September 13, 2019
Many people dream of starting a business. And, for some, a spouse or significant other is the ideal business partner. The prospect of building an enterprise with the person they share other parts of their lives with may be appealing on a number of levels from shared passion, convenience and common goals. However, it's important to approach the joint venture with the same care a person would apply to any other business dealings.
Thursday, September 12, 2019
Landlords whose tenants sell counterfeit goods can be liable for trademark infringement if they have knowledge of the infringing acts or are willfully blind to the infringement.
Wednesday, September 11, 2019
Monday's session in the California Legislature will likely be remembered for the hundreds of anti-vaccine protestors who shut down both the Senate and Assembly at various times in the afternoon. But lawmakers also acted on scores of bills, including significant gun control and #MeToo bills.
Friday, September 6, 2019
Insurance is one of the fundamental financial tools for any household. Most people recognize the important role of insurance, but many are unsure about how it works. If you have questions about insurance, you aren't alone. As a financial advisor, I get a variety of questions about insurance.
Wednesday, September 4, 2019
One of the more curious anomalies about California is that while labor unions' political power has increased to virtual hegemony, especially in the last decade, union membership has declined just as sharply.
Friday, August 30, 2019
With the real estate market as competitive as it is in various U.S. cities, more people are opting to stay in their current homes. This decision frequently comes with the desire to take on additional house projects, which often impact your financial situation. If you are considering upgrades and remodels, read on for several considerations on how to prioritize your housing projects.
Thursday, August 29, 2019
The USPTO recently refused legendary quarterback Tom Brady's application to register the mark TOM TERRIFIC. If you're like me, you're wondering why Tom Brady would want to register such a trademark. Well, according to Brady, he wanted to obtain the rights to the mark to prevent people from referring to him by that nickname. But that response isn't satisfactory for those of us who know about trademark law for a couple of reasons.
Monday, August 26, 2019
Human resources professionals may shudder at the sound of an "audit." For starters, it is difficult to make available the time and personnel needed for day-to-day work. And what if the audit uncovers "bad news?"
Friday, August 23, 2019
As recently as in the lifetime of some of us, the United States made an offer to buy the giant island. In 1946, we were ready with an offer of one hundred million dollars.
Which expenses are business and which are personal? You might think it's obvious, but your view and the IRS view may differ. These days business and personal can often seem mixed up, such as when you entertain, try to motivate employees, go on combined business and work trips, and more.
Retirement is one of the most important financial goals for many married couples. It's something you may dream about and work hard to reach. But, even if you feel like you are on track in terms of meeting your financial objectives, there is an equally important factor to consider ? are you both on the same page about your vision and plans for retirement?
Wednesday, August 21, 2019
The record of the 2019 legislative session ? Gov. Gavin Newsom's first ? is still a work in progress, but his signature on Assembly Bill 392 this week makes it a success, no matter what else happens.
Tuesday, August 20, 2019
People are always changing their minds, day to day. But over the past 20-odd years one group has shifted to an astounding degree: highly educated white Democrats. I'm not sure I understand why this group has undergone such a transformation, but it has, and the effects are reshaping our politics.
Monday, August 19, 2019
Not so long ago, philanthropy was an area where politics were left at the door. Conservatives and liberals on a philanthropic board could agree to disagree behind closed doors, but the public paid little attention as hospitals, cultural institutions and universities expanded thanks to gifts from the wealthy.
A now-former Internal Revenue Service analyst has pleaded guilty to illegally leaking information about former Donald Trump lawyer Michael Cohen.
A recent appellate ruling is yet another stark reminder of the severe consequences when a settlement requiring payments over time is done improperly. The holding confirms existing law that a settlement agreement may not include an impermissible penalty by requiring a defendant to pay more than the agreed upon sum in event of default.
Friday, August 16, 2019
Southern California Gas Company has been ordered to produce documents containing their communications with AECOM Technology Corporation who helped the utility's counsel with legal strategies with respect to the Porter Ranch gas leak litigation.
Southern California Gas Company has been ordered to produce documents containing their communications with AECOM Technology Corporation who helped the utility's counsel with legal strategies with respect to the Porter Ranch gas leak litigation.
It's no secret that many American parents want to support their kids by paying for their college education.
Thursday, August 15, 2019
In Celgene Corporation v. Peter, the Federal Circuit recently affirmed the PTAB's decisions finding appealed claims obvious. However, more importantly, the Federal Circuit also held that the retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the Fifth Amendment.
In our country's fraught search to do something to stop mass violence, and hold someone or something accountable for conduct that has caused unspeakable pain and loss, many are looking to online speech forums.
Seeing a quick way to make a bunch of bucks, the paparazzi are suing celebrities to squeeze every penny out of these impromptu pictures. The photographers are armed with the long-standing rule that copyright law gives exclusive rights to the person behind the camera, not the subject of the photo.
Wednesday, August 14, 2019
Then in 2018, the Trump administration froze the corporate average fuel economy standards, neither reducing neither fuel consumption nor emissions, but purporting to save lives. A twisted tale that calls for some explanation.
After the two most recent mass shootings in El Paso and Dayton, President Donald Trump suggested that he might support federal legislation to encourage red flag laws. But while they are a constitutional way to decrease gun violence, they are not enough.
The California Legislature's 2019 session began last winter amidst great hopes and fears.
Tuesday, August 13, 2019
Instead of merely following the latest trend for choosing a legal form, founders should weigh the following considerations.
Monday, August 12, 2019
Employers must take both preventive and remedial action to stop unlawful discrimination, harassment, and retaliation at work. An internal investigation is a critical tool to help fulfill these obligations.
Subrogation means the stepping of one person into the legal place of another. In a lease where there is a "waiver of subrogation," the term subrogation is applied to mean that one party's insurer will be specifically directed by that party that the insurer cannot step into the legal place of the party for the purpose of pursuing a damages claim, i.e., a negligence claim underlying an insured loss.
There is a long list of publications that you actually can rely on, including the tax code and the regulations. There are many other authorities too, including tax cases. However, IRS form instructions and informal IRS guidance such as frequently asked questions are usually not considered actual "authority" for tax purpose.
Friday, August 9, 2019
When the governor not only executes the laws, but also orders the adoption of laws to overturn judicial decisions, the governor assumes control of all three branches of government.
People new to the cannabis industry often think that marijuana is simply "legal in California." That's only partially true; many jurisdictions have bans on most types of canna-businesses, meaning that the type of business that you may want to pursue may not actually be legal in most of the state.
When lawyers and their former clients are sued for malicious prosecution, it is necessary to determine applicable statutes of limitations.
Parents want good things for their children, and a good credit record is certainly something that falls into that category.
Thursday, August 8, 2019
Today, over 1,000 Californian bar applicants each year achieve a score that would qualify them to practice law in New York, Texas, Pennsylvania and Illinois and yet they are denied admission to the California bar because of the unjustifiably high score required to pass the bar exam.
The 9th Circuit said that the "Blurred Lines case" was just one case. They said that it would not affect other cases. Many said that it was an outlier. Well, they were wrong.
Governor Newsom recently approved a bill that modifies several California laws health care, including financial eligibility requirements for HIV Care Programs, reporting standards for lead poisoning screening of children who are Medi-Cal beneficiaries, the allocation of funds for Hepatitis C testing and prevention, and the establishment of the Office of the Surgeon General.
Tuesday, August 6, 2019
Things should be dismal in Silicon Valley right now, with technology's biggest companies under attack from regulators, lawmakers and even President Donald Trump. Not for Henrique Dubugras and Pedro Franceschi. The two Stanford dropouts, both 23, are the founders of Brex, one of the hottest young companies today. Their startup's mission? To provide charge cards to other startups.
Friday, August 2, 2019
America’s embrace of civilian gun ownership makes police work more dangerous in the United States than in other developed countries, a phenomenon that in turn contributes to officers killing nearly 1,000 people each year.
Americans juggle a lot of interest rates in their daily lives. They pay interest on car loans, credit card balances and mortgages
Thursday, August 1, 2019
Insurers have not settled on precedent policy language and there has been little case law on coverage disputes, creating an air of uncertainty around many facets of cyber policy coverage and a customer base of insureds with little or no knowledge of what they are purchasing.
The federal patent laws provide for an award of attorneys' fees to the prevailing party in exceptional patent infringement cases.
Monday, July 29, 2019
Now that California has adopted its own version of ABA rule 8.4, Misconduct, it is increasingly apparent that an attorney´s off-the-clock behavior can have on-the-clock consequences.
Now that Oregon has joined California and Washington in holding that employees may misappropriate trade secret customer lists through their mental impressions, employers up and down the west coast should be vigilant in protecting their trade secrets in all forms, including their employees' memories.
COMPTON — It was bath time and Rosalba Moralez heard a cry. She rushed to the bathroom and found her 7-year-old daughter, Alexxa, being doused with brown, putrid water.
Thursday, July 25, 2019
Now that takings plaintiffs can immediately sue in federal court, many will no doubt choose to do so. Rightly or wrongly, superior court judges are believed to be sympathetic toward agencies in their jurisdictions.
Without traditional banking services, cannabis businesses are forced to operate in all cash — maintaining piles of bills at their businesses, manually transporting large sums for transactions, and making suitcases of cash payments to the federal, state and local tax collecting agencies. This creates serious public safety risks and logistical headaches, which have prompted both the California and federal legislature to pursue banking institutes.
One of the reasons major corporations don't seem to prioritize preventing data breaches is the lack of long-term consequences. After the initial negative publicity dies down, stock prices rebound and executives don't go to jail — until now.
The United States Patent and Trademark Office (the "USPTO") explains that
"A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services."
Tuesday, July 23, 2019
Given the impact that "taking Five" can have in parallel civil and criminal proceedings, a working knowledge of its application in the relevant civil forum is an indispensable part of the civil trial lawyer's strategic toolkit.
The panel is pursuing a split from the State Bar by the end of 2019.
There is some sort of hard-to-define spiritual crisis across the land, which shows up in rising depression rates, rising mental health problems. A survey that the Pew Research Center released late last year captures the mood. Pew asked people to describe the things that bring meaning to their lives.
Friday, July 19, 2019
One of the most important decisions you will make in retirement is when to begin receiving your Social Security benefits. Yet this decision often depends on another: whether you plan to retire or keep working. The following are some pointers to help you make both decisions with confidence.
Tuesday, June 18, 2019
Digital reporting has shown that it can effectively fill the gap caused by inadequate numbers of shorthand reporters and keep the system functioning.
California employees may claim unpaid wages, unreimbursed expenses, penalties, and interest via administrative complaints filed with the Division of Labor Standards Enforcement (also known as the Labor Commissioner's office).
Monday, June 17, 2019
As President Donald Trump rails against the Federal Reserve and urges it to lower interest rates, a similar push is coming from a group founded this year by three left-leaning millennials — albeit for very different reasons.
One of the most heartbreaking cases of elderly abandonment happened in the midst of the Tubbs wildfire that raced through Sonoma County beginning October 8, 2017. The fire burned more than 36,000 acres, destroyed an estimated 5,600 or more structures, and killed approximately 22 people. Two multi-story residential care facilities, named Villa Capri and Varenna, housed over 300 elderly or infirm residents.
As a former military shooting expert, I have a fear of guns — in the hands of fellow educators. In the aftermath of the 2018 shooting massacre at the Stoneman Douglas High School in Parkland, Florida, a bill is now pending in the Florida Legislature. If enacted into law, volunteer K-12 teachers can opt to arm themselves.
Wednesday, June 12, 2019
In the ongoing confrontation between the U.S. government and Chinese telecom giant Huawei, a civil trade secret dispute between two companies that might have resolved without much fanfare in previous years has grown into a full-blown criminal prosecution and a major point of leverage in the United States' political maneuverings with one of its largest world rivals.
In a stark reversal from the panel decision, the en banc 9th Circuit held that settling parties are not required to conduct a 50-state conflict-of-law analysis to certify a settlement class alleging violation of state consumer laws.
Going into this year's legislative session, it appeared that the California Chamber of Commerce's long string of wins on bills it labels "job killers" might end.
Tuesday, June 11, 2019
ver the past several years, teenage suicide rates have spiked horrifically. Depression rates are surging, and America's mental health overall is deteriorating. What's going on?
Employers Beware: In a cautionary tale to employers, the U.S. Supreme Court held that employers defending harassment claims under Title VII may waive a "potentially dispositive defense" if asserted too late.
Los Angeles County Superior Court Judge Marc D. Gross made history on June 5 by becoming the first state court judge to decide an issue that has been haunting California employers for years.
Wednesday, June 5, 2019
Recently state and federal courts alike have expanded the interpretation of California law to void not only covenants not to compete, but also to invalidate nonsolicitation agreements.
It was late one night 40 years ago and Gov. Jerry Brown's most important piece of legislation was in trouble.
Here at Exceptionally Appealing, we assume that the appellate bar is a cut above the ordinary, and therefore far less likely to become embroiled in State Bar disciplinary proceedings.
Thursday, May 30, 2019
If your heart is beating and your lungs are taking in oxygen, you know that Game of Thrones recently reached its epic conclusion.
Lawyers may source money entirely for themselves, clients alone may seek it, or each may get some, depending on how the deal is structured. But one of the questions consistently facing clients and lawyers is how taxes will be handled.
As the New York Legislature considers Gov. Andrew M. Cuomo's proposed Consumer Right to Know Act, California's costly and often convoluted implementation of Proposition 65 offers a cautionary tale.
Friday, May 24, 2019
Director John Singleton and former Yahoo CEO Terry Semel were very different Hollywood animals, but both made common but critical errors in their estate planning.
Not surprisingly, technology is not the main barrier to the introduction of urban air taxis. Rather, regulation and public policy are the main obstacles.
Many couples are choosing to start families later in life compared to their parents and grandparents.
Thursday, May 23, 2019
One of the requirements for obtaining a patent is the written description requirement -- the specification must include a written description of the invention. 35 U.S.C §112(a).
The global AV market is projected to be valued as high as $50 billion in 2019, with future projections in decades to come soaring to the trillions. Given the value at stake, companies must diligently protect their intellectual property from competitors.
While attention has been focused on massive data breaches at large corporations over the past few years, a study of cyber incidents in 2018 concludes that governmental agencies are orders of magnitude more likely to be the source of data breaches.
Wednesday, May 22, 2019
As the millennium approached, the Venture Lending market was strong but still in its infancy. But the venture lending market has evolved since that time.
A confidentially marketed public offering is a particularly effective tool for small to medium-cap companies.
At last count, California's Democratic political leadership had filed four dozen lawsuits against President Donald Trump's administration, reflecting differences on policies large and small.
Tuesday, May 14, 2019
On April 17, the Internal Revenue Service issued its second tranche of proposed regulations to address many questions left unanswered by the first tranche issued last October, providing additional clarity necessary to spur increased activity in QOZ investments.
While the growth in patent filings is almost ubiquitous in technology areas in the medical device segment, the biggest growth in patent filings has occurred in high-tech medical device, potentially indicating a shift away from traditional medical device technologies.
More than 40,000 investors descended on Omaha for Berkshire Hathaway's annual meeting. The most prominent face of capitalism — Warren Buffett, the avuncular founder of Berkshire appeared to distance himself from many of his peers, who have been apologizing for capitalism of late. "I'm a card-carrying capitalist," Mr. Buffett said.
Tuesday, May 7, 2019
Employers must pay workers for "reporting time" when employees call in to determine if they will be expected to work, according to the California Court of Appeal's decision in Ward v. Tilly's, Inc.
Most everyone knows that nonprofit religious organizations are not treated the same as other entities with respect to some laws — for example, discrimination based on religion — but others still apply.
There are approximately 300,000 elderly Californians currently living in assisted living facilities throughout the state. While the laws governing large chain facilities and smaller facilities are the same, the worlds are completely different. Both have their separate horrors and pitfalls.
Wednesday, May 1, 2019
Why I admire Parliamentary procedure
Pitting the power of the arbitrator against the arbitration agreement, attorneys for Twenty-First Century Fox Inc. argued Monday a neutral overstepped his bounds with a $128 million punitive damage award.
Several commander-in-chief hopefuls, seeking the White House residency beginning in January 2021, have begun stridently pontificating and sermonizing about restoring voting rights for incarcerated felons.
Tuesday, April 30, 2019
Gary Cohn was born in 1960 in the suburbs of Cleveland.
The U.S. Supreme Court's latest arbitration ruling continues a proxy war over 'statutory originalism.'
Friday, April 26, 2019
Emotions do not help you decide how to divide community assets, whether to sell the family residence, or what expenses you have to reduce or eliminate.
When an agency seeks a packaging fee, its interests are in conflict with those of the writer.
Buying a home for the first time in some U.S. markets is becoming increasingly challenging.
Tuesday, April 23, 2019
When Mark Zuckerberg of Facebook called for regulating harmful internet content in an opinion column last month, Republicans in Washington expressed outrage that he was calling on the government to regulate speech.
Despite the fact that the FTC may demand consumer redress or relief, this has not transpired in any cases against influencers.
A new issue quickly spilled onto center stage in a securities case currently before the U.S. Supreme Court: whether investors have a private right of action to bring claims under Section 14(e) of the Securities Exchange Act at all.
Tuesday, April 16, 2019
Last year, Facebook's chief executive, Mark Zuckerberg, testified before Congress and apologized for his company's role in enabling "fake news, foreign interference in elections and hate speech." As Silicon Valley grapples with its version of becoming too big to fail, Zuckerberg and his industry peers might take lessons from Wall Street, whose leaders have some experience with government scrutiny.
California should adopt a simple, modern approach that recognizes the new ways that Californians memorialize their end-of-life wishes.
Friday, April 5, 2019
If you're planning a wedding -- whether it's your own or your child's -- and haven't been paying close attention to the wedding industry, you may experience sticker shock as you begin calculating costs.
Sometimes lawyers get sanctioned for outrageous and improper behavior in court. But what about civility in more casual settings?
Here's a brain-twister: Can you knowingly approve something, which does not include something else, if you never considered the absence of that "something else"? Think about that for a moment... or better yet, just read on.
Wednesday, April 3, 2019
The Constitution's very specific list of inviolable human rights sets the United States apart from almost every other nation on Earth.
Due to recent federal district court decisions in California, public employers that provide nonexempt employees who sporadically work holidays the benefit of holiday pay, but do not include the benefit in employees' regular rate of pay when calculating overtime, face increased risk of being sued for underpaid overtime in violation of the Fair Labor Standards Act.
It's still illegal at the federal level, so where there is business — and cannabis business is thriving — what are banks to do?
Tuesday, April 2, 2019
A recent Court of Appeal ruling held that California's state minimum wage applies to all public employers, including charter cities and all counties.
The trial will pit Apple's Chief Executive Tim Cook and Qualcomm's CEO Steve Mollenkopf in the witness box.
As the gig economy continues to expand and businesses grapple with remaining legally compliant with the ever-evolving employment and labor landscape, the question of worker classification has significant impact on how California employers run their businesses.
The two most recent times I saw my friend Makoto Fujimura, he put a Kintsugi bowl in my hands. These ceramic bowls were 300 to 400 years old. But what made them special was that somewhere along the way they had broken into shards and were glued back together with a 15th-century technique using Japanese lacquer and gold.
Monday, April 1, 2019
Much of an attorney's job is communication—but when can legal communication result in liability?
Ironically, the risk of having an ineffective waiver is even greater when lawyers try to get out in front of the issue and obtain one in advance.
Out in the way beyond, the open land on the far side of the Mueller report and cable news obsessives, is a vast kingdom now being used to hasten the demise of the planet.
Wednesday, March 27, 2019
The plaintiff's attorney said the case is about civil rights but the lawyer for the city of Baldwin Park said it's about money.
Moody's, one of the world's largest credit rating agencies, may be headed in the right direction. It announced last year that it will begin factoring vulnerability to cyberattacks into its analysis of a corporation's creditworthiness.
First-time funds have been growing at a healthy pace year over year with continued upward growth since 2013.
Tuesday, March 26, 2019
At the beginning of the year, if you told me this is what we were going to be dealing with, I would have called you crazy," said Mayor Steve Manos of Lake Elsinore.
As a defense attorney, I'm against the death penalty. But as a private citizen, I'm for it.
Many employers use background investigations when making hiring, promotional, and similar decisions.
Marijuana may present the most combative clash between federal and state law today. California legalized medical marijuana in 1996. Effective November 2016, California legalized specified personal use and cultivation of marijuana. Yet, marijuana remains illegal under federal law.
Monday, March 25, 2019
Our previous article addresses the substantive defects of the U.S. Court of Appeals for the Federal Circuit's rulings in the Oracle v. Apple case. This article will tackle the unanticipated fork in federal appellate jurisdiction from the Federal Circuit's arrogation to itself of a decisive role in adjudicating copyright software disputes nationwide.
In what appears to be a massive power-grab, the Bureau of Cannabis Control recently approved regulations which override all local or regional control of the delivery of marijuana and its byproducts.
The average American consumes roughly 200 pounds of meat a year. According to Jayson Lusk, an agricultural economist at Purdue University, Americans eat more meat per capita than citizens of almost any other country in the world, making them "the king of meat eaters." How did the United States achieve such a status? And what — if anything — should be done about it?
Tuesday, March 19, 2019
Fortunately, the Code of Civil Procedure offers a potential escape hatch when an attorney's mistake, inadvertence, surprise, or neglect has harmed the client.
In a case where the unusual has become the norm, all eyes will be on the Supreme Court to see if or how it addresses the California court's finding that the proposed census question is unconstitutional.
Josef Stalin dreamed of creating a totalitarian society where every individual's behavior could be predicted and controlled but he was born a century too early. He lived before the technology that would have made being a dictator so much easier!
Monday, March 18, 2019
Frans and Caroline Swaalf, management consultants in the Netherlands, have been enamored of South Florida since they were graduate students at the University of Miami in the 1990s.
The new tax law created an incentive program which encourages investors to make long-term financial investments in opportunity zones. In exchange, the investor receives a number of benefits related to the reinvestment and deferral of capital gains taxes.
Friday, March 15, 2019
The 2016 voter initiative to keep the death penalty required the state to maintain the ability to "perform any duty needed to enable it to execute the judgment."
Proposed law may actually impede lactation accommodations for working mothers and promote litigation.
Thursday, March 14, 2019
The United States Supreme Court granted a writ of certiorari in Iancu v. NantKwest to determine whether a patent applicant, win or lose, must pay the salaries of the United States Patent and Trademark Office's ("USPTO") in-house attorneys in district court actions challenging the rejection of patent claims by USPTO patent examiners.
The opioid problem is monstrous and tentacular. Litigation is a critically important component of the response to the crisis: as a discovery method; to establish accountability; and because of the economic consequences.
The Supreme Court holds that there are no equitable exceptions to Rule 23(f)'s 14-day deadline to file a petition for permission to appeal an order granting or denying class certification, but does not address three other key questions.
Wednesday, March 13, 2019
Former Marriott International deputy general counsel is taking over at Dunkin'
After being accused of witness tampering, an attorney in a patent infringement case hired his own lawyer over the weekend and sent a strongly worded letter to the judge saying Apple's counsel's accusations are sanctionable.
It's a scenario that many trial lawyers dread: Your life care planner is on the stand. Just when she's about to get into the details of reports from your client's treating physicians, defense counsel shouts, "Objection! Hearsay."
Tuesday, March 12, 2019
The financial system had nearly collapsed.
Fifty years ago, an oil drilling company failed to put proper safety measures in place causing one of its oil platforms to rupture off the Santa Barbara coast. The result was 3 million gallons of crude oil spewing into 800 miles of the Pacific Ocean and onto 35 miles of Santa Barbara beaches.
For years, it has been standard practice for lawyers to give the "thumbs up" on settlement agreements by signing "Approved as to Form and Content." Since the inception of the Monster Energy v. Schechter case, attorneys have been watching — and waiting — to see the implications of any final ruling.
Traveling abroad might be a luxury or a necessity, depending on the circumstances. But now you can add tax problems to the list of things you may need to consider when you make travel plans.
Monday, March 11, 2019
We are living in the Information Age, where technologies continuously and rapidly evolve and the law struggles — and often fails — to keep up.
Raghuram Rajan is a professor of finance at the University of Chicago. Rajan's book called "The Third Pillar: How Markets and the State Leave the Community Behind." Its theme is the fragility of democracy — a fairly radical notion for an economist.
Raghuram Rajan is a professor of finance at the University of Chicago. Rajan's book called "The Third Pillar: How Markets and the State Leave the Community Behind." Its theme is the fragility of democracy — a fairly radical notion for an economist.
The California Consumer Privacy Act of 2018 echoes concepts found in the European Union's General Data Protection Regulation, but it differs in key respects as well.
Thursday, March 7, 2019
My three children made me a mom. Trying to get them a good education in Los Angeles public schools made me an advocate.
As every law student and lawyer knows, while there are the rules, there are the exceptions to the rules, and then there are the exceptions to the exceptions to the rule, and so on.
The initial coin offering was the natural next step in the evolution of applications for blockchain technology. The only problem is that the law did not keep up with the technology.
This week, the Supreme Court resolved a split in the circuits regarding an issue in copyright law that affects copyright owners in California.
Wednesday, March 6, 2019
As California's housing shortage deepened in the last decade, Jerry Brown made only token efforts to address it.
The phrase "on the internet" became a running joke with patent attorneys after the dot com boom; today it might be "machine learning." By John Kind Page 7
The U.S. Supreme Court has agreed to hear two cases involving whether the act regulates discharges of pollutants to groundwater.
Tuesday, March 5, 2019
Everyone, it seems, has ideas about new tax strategies, some more realistic than others. Whatever your politics, there is a bipartisan acknowledgment that the tax system is broken. Whether you believe the system should be fixed to generate more revenue or employed as a tool to limit inequality, there is a justifiable sense the public doesn't trust the tax system to be fair.
In the battle between desire for public access and environmental preservation, respecting property rights is the best solution
Wednesday, February 27, 2019
The U.S. Supreme Court's decision last week to apply the excessive fines prohibition of the Eighth Amendment to the states, Timbs v. Indiana, 2019 DJDAR 1337 (Feb. 20, 2019), has broad implications to the right to a jury trial in civil cases.
This week the U.S. Supreme Court will hear arguments in a case that will remind many Californians of the Mt. Soldad controversy.
The California Republican Party, which has become virtually irrelevant in recent years, had a great opportunity last weekend to commit self-annihilation by electing an unrepentant, Donald Trump-loving right-winger as party chairperson.
Tuesday, February 26, 2019
Practicing appellate law is like walking along the beach: Avoiding the big wave that can wipe you out is pretty easy to do, but it is the constant flow of smaller waves that can trip you up if you are not careful.
Following a recent California Supreme Court decision, the voter approval requirements for special taxes proposed via a citizen initiative is uncertain. This uncertainty will have to be resolved in the future by the courts or California voters.
For decades, employers have used timekeeping practices that involve rounding, for example, rounding the employees' "punch time" up or down to the nearest tenth or quarter hour.
Monday, February 25, 2019
The Los Angeles City Council unanimously approved an ordinance on Feb. 12 requiring city contractors to disclose any ties they have to the National Rifle Association. Though Mayor Eric Garcetti's signature is still needed before the ordinance becomes official, the ordinance as approved by the City Council is already raising constitutionality concerns.
It's natural enough to see elite athletes as finely tuned machines. They're usually bigger, faster and stronger than the rest of us, and their movements can have a grace that appears nearly effortless. But if you talk to enough athletes and coaches, you discover that the mind, not the body, is where most of their energy is going.
Husbands and wives rarely retain separate attorneys when creating an estate plan. When the spouses sign a conflict waiver, and if they have an actual conflict, is it waivable?
Wednesday, February 13, 2019
n October 11, 2018, the federal Occupational Safety and Health Administration (OSHA) issued a memorandum relaxing the rules on post-accident drug testing and drug testing as part of a safety incentive program.
Tinker v. Des Moines Independent Community School District was the first Supreme Court ruling that provided protection for students' First Amendment rights.
Tuesday, February 12, 2019
Two banks announced the industry's biggest merger in a decade on Thursday, signaling bank executives' growing confidence that the regulatory constraints imposed after the 2008 financial crisis have begun to loosen.
There is a distinct population interested in procedure, perhaps even more than substance, who think about issues in those terms.
Wednesday, February 6, 2019
Our appellate rules are pretty darn good. But they're not perfect and can't account for every bizarre situation.
As a law professor, I wish students would hesitate before denouncing government actions, or public officials, as "racist" or "sexist."
The state Supreme Court denied anti-SLAPP motions by the city of Carson stemming from its unsuccessful attempt to lure a National Football League franchise.
Monday, February 4, 2019
Real property tax lien investments are not without risk. When there are liens arising under federal law which attach to the real property, most commonly federal tax liens, sovereign immunity issues are implicated there are different steps that need to be taken.
axing the wealthiest Americans at a higher rate may be good politics, since most voters won't be affected.
Thursday, January 31, 2019
Prior to the Leahy-Smith America Invents Act ("AIA"), the patent statute (35 U.S.C. § 102(b)) prohibited patenting an invention that was "on sale in this country, more than one year prior to the date of the application for patent in the United States."
The California Supreme Court's decision the landmark worker classification case is having a greater impact on employers than any other decision in recent memory.
On Friday, the California attorney general's office hosted a public forum at the Ronald Reagan Building in downtown Los Angeles regarding the California Consumer Privacy Act of 2018.
Wednesday, January 30, 2019
Gavin Newsom began his governorship this month by promising to confront what he described as California's most important issue, an ever-increasing shortage of housing.
And looking ahead to securities regulation priorities in 2019.
A California jurist once wisely observed, "All too often attorney fees become the tail that wags the dog in litigation."
Tuesday, January 29, 2019
Employers require at least some employees to travel for business purposes.
One perspective which is critical and is often overlooked until the time comes to actually execute on becoming a public company is that of an underwriter.
Despite these challenges, investors are more than willing to engage in pre-licensing deals as a way to get in at the ground floor in California — the world's largest cannabis market.
Thursday, January 24, 2019
President Donald Trump has threatened to exercise emergency lawmaking power to construct a $5.7 billion border wall; many legal experts have opined that no such constitutional power exists.
When a new invention is created (if it is worth anything), everyone wants to take credit. Figuring out whose "baby" it is, is a difficult question.
If voters wish to narrow the sentence reductions of Proposition 57 in a way that does not conflict with its actual text, they are free to do so. A
Wednesday, January 23, 2019
Is there anything you can do to get your case on appeal decided faster? Is there anything the appellate courts can do to improve the situation?
With nearly 53,000 federal inmates eligible for relief under the newly enacted First Step Act, the federal criminal justice law that eases mandatory minimums, a ruling from the 9th U.S. Circuit Court of Appeals may indicate the court's inclination to streamline the process, attorneys say.
Although Dynamex retroactivity is not guaranteed, the likelihood that an exception would be granted is about the same as winning the lottery.
Tuesday, January 22, 2019
Stocks came very close to entering a bear market on Christmas Eve, which was a very bad thing. Just about everybody said so.
Whether you represent people injured in accidents or defend these cases, you need to understand your ethical obligations regarding liens. Failing to properly address a lien could prove embarrassing or even cost you the right to practice law. This is very important stuff.
Traditionally analyzed under the "totality of the facts," a recent appellate decision embraced three factors that are "especially pertinent" to determine the validity of a 998 offer.
Wednesday, January 16, 2019
The Commission on Judicial Performance has launched formal proceedings against 2nd District Court of Appeal Justice Jeffrey W. Johnson, citing sexual assault and misconduct allegations dating back to 1999.
The Commission on Judicial Performance has launched formal proceedings against 2nd District Court of Appeal Justice Jeffrey W. Johnson, citing sexual assault and misconduct allegations dating back to 1999.
Tuesday, January 15, 2019
Employers enter into agreements with employees to settle threatened claims or litigation, and to resolve any potential claims, such as at the time of a layoff or discharge. The primary goal of these agreements is to resolve active disputes or potential claims.
The Trump administration, at the direction of the president, has charted a new course on federal water pollution law. A
Two recent cases mark a trend in which California courts recognize that wealth and poverty have increasingly resulted in two different justice systems, and demonstrate attempts to even the playing field.
Monday, January 14, 2019
Judge Yvette M. Palazuelos has taken over the nearly 300 coordinated cases filed in Los Angeles County Superior Court over the 2015 Porter Ranch gas leak.
Wagering on eSports is quite similar to wagering on traditional sports played on courts, fields, tracks and ice rinks: You pick the winner, the number of points, etc. H
Last year once again saw courts addressing key insurance issues.
Calling the 9th Circuit's ruling both "erroneous" and "puzzling," the Supreme Court ordered a fresh look at this case and the specific issue regarding whether a police officer in Escondido used excessive force when responding to a domestic dispute.
You probably want to be a good person. But you may also be completely self-absorbed. So you may be thinking, "There is no way I can be good if I'm also a narcissist. But how wrong you are!
The former patent examiner, Albert Einstein, is credited with having told reporters, "I never think of the future, it comes soon enough."
Thursday, January 10, 2019
On December 28, 2018, the Court in The California Institute of Technology v. Broadcom Limited et al., Case No. 2:16-cv-03714-GW-(AGRx), issued a Final Ruling on Plaintiff's Motion for Partial Summary Judgment of Validity under 35 U.S.C. § 103 based on IPR estoppel under 35 U.S.C. § 315(e)(2).
Remedies to the military sexual assault situation require attention by both Congress and the U.S. Supreme Court. Even a president lacks the power to bring about significant change.
For family law lawyers, love can indeed be a battlefield; a battlefield filled with real estate, children, jewelry, IRAs, and, as of Jan. 1, 2019, pets
Wednesday, January 9, 2019
The former patent examiner, Albert Einstein, is credited with having told reporters, "I never think of the future, it comes soon enough."
Gov. Gavin Newsom punctuated his inaugural address this week with several jabs at President Donald Trump, referring at one point to "the corruption and incompetence in the White House.
Last year once again saw courts addressing key insurance issues.
Tuesday, January 8, 2019
Last September, the Delaware Court of Chancery ruled that a Delaware choice-of-law provision and covenant not to compete in an employment agreement between a California resident, Patrick Miles, and his former Delaware-based employer, Nuvasive, Inc., were enforceable.
Intellectual property legislation is rarely front of mind for legislators, and more pressing concerns often leave IP proposals to die from inactivity. However, there are signs that 2019 may see serious attention to this patent eligibility issue.
Intellectual property legislation is rarely front of mind for legislators, and more pressing concerns often leave IP proposals to die from inactivity. However, there are signs that 2019 may see serious attention to this patent eligibility issue.
Monday, January 7, 2019
When a motion to disqualify is filed, tensions often run high. The attorney targeted by the motion may feel a mix of anger at opposing counsel and discomfort in explaining to the client why it should incur additional fees to defend a motion in order for the attorney to continue the representation.
A year ago, in the wake of President Donald Trump's tax cut, euphoric investors pushed the Dow Jones industrial average past 25,000, a record.
Last month the Delaware Court of Chancery issued an important decision denying a motion to dismiss derivative litigation.
Friday, January 4, 2019
The Trademark Trial and Appeals Board recently issued an interesting decision regarding standing to oppose the registration of trademark applications. United Trademark Holdings, Inc. filed for registration of the mark RAPUNZEL for use in conjunction with dolls and toy figures.
Let me suggest something for your 2019 reading list: Your insurance policy. Ok, I know that's about as likely as Nancy Pelosi, Chuck Schumer and Donald Trump singing James Taylor's "You've Got a Friend" together, but don't say I didn't tell ya.
Thursday, January 3, 2019
A quick glance at television commercials or online pop-up ads shows that rewards programs are the name of the game for many credit cards.
Attorneys must be aware that a trial court will not tolerate motions to withdraw being used as a delay tactic or litigation tactic.
In the law, are there exceptional forces with the power to revive an appeal from its grave? (Cue creepy organ music.) Indeed, there are.
Wednesday, January 2, 2019
Law students and professors have gone to Tijuana to advise asylum seekers on their options.
It generally was concealed from the American public. President Woodrow Wilson, for example, was incapacitated by several strokes in 1919.
California judges disagree about the exact nature of California's standing doctrine, in particular the extent to which it mirrors its federal counterpart. A recent decision from the 4th District Court of Appeal illustrates this point.
Monday, December 31, 2018
With the implementation of many provisions of the Tax Cuts and Jobs Act, the drama surrounding the Donald J. Trump Foundation, the continued attention paid to donor-advised funds, and ongoing attempts to modify or altogether repeal the prohibition on 501(c)(3) campaign intervention activity, it's been a big year for tax-exempt organization legal updates.
A recent Court of Appeal decision raised the issue of realigning California takings law with paramount federal authority. Why would such realignment be needed? How did California law get out of line?
This fall, the California legislature responded to the #MeToo movement in a significant way. One bill, SB 1343, affects nearly every employer in California.
Friday, December 28, 2018
Family law proceedings almost exclusively deal with state law. At times, however, federal law issues come into play and when they do, the parties' and attorneys' unfamiliarity with these concepts will unnecessarily disrupt the proceedings. One area is the Servicemembers Civil Relief Act.
Actors gain notoriety for different reasons.
Potential hires want to see a firm is advancing equal opportunity in all aspects of operations and practice, and taking concrete action to build a diverse workplace.
Thursday, December 27, 2018
Trader Joe's outsells all other grocery stores per square foot.
Distributed ledger technology powers ahead in the energy sector despite the downturn in crypto markets.
As an investor, you obviously want to make a smart decision and invest in a thriving, growing, and well-protected company, but how?
Wednesday, December 26, 2018
In his 1989 Inaugural Speech, the late President George H.W. Bush famously stated: "America is never wholly herself unless she is engaged in high moral principle. We as a people have such purpose today. It is to make kinder the face of the nation and gentler the face of the world."
The blocking of a pardon for a twice-convicted felon was a rare stumble in the governor's race to grant clemencies as his last term comes to an end.
A few simple steps, taken early in the litigation, can make the difference between a favorable early settlement and a large fee award after trial.
Monday, December 24, 2018
We recently wrote about how the Patent Office's new rule could create disharmony in claim construction. Today we discuss the potential implications of that disharmony.
Actress Olivia de Havilland has an enviable resume. Now 102 years old, de Havilland seeks to leave yet another mark on the entertainment and legal landscape.
Employers and the public understandably focus on workplace harassment claims arising from co-workers' or supervisors' conduct.
Friday, December 21, 2018
For many of us, the new year means a fresh start and the chance to set new goals. If your resolutions are money related, here are some ways to strengthen your financial foundation in 2019.
Wednesday, December 19, 2018
The law school's finances won't face scrutiny from Moody's because its bonds have been paid off.
Tuesday, December 18, 2018
I've only been around Phil Anschutz a few times. My impressions on those occasions were that he was a run-of-the-mill arrogant billionaire.
Thursday, December 13, 2018
The Ninth Circuit recently was called upon to decide awarding attorney's fees in a case where artists were suing for unpaid royalties under the California Resale Royalties Act ("CRRA"). The Ninth Circuit ordered that the Plaintiff-artists be required to pay attorney's fees to the defendants. This conclusion required a discussion of the doctrine of preemption and a determination that defendants could still be awarded attorney's fees under CRRA despite a finding that the bulk of Plaintiffs' claims under the CRRA were preempted by the 1976 Copyright Act.
Wednesday, December 12, 2018
Recently, officials in California announced that the Camp Fire, the deadliest wildfire in the state's history, had been fully contained. The achievement was made possible through the hard work of firefighters on the ground, with some help from above: a swarm of tiny, orbiting satellites that represent the next phase of the space age.
Tuesday, December 11, 2018
The open office design has been around for decades, in a variety of forms. If you're a cynic, you might think an open office is all about cramming the maximum number of employees into the minimum amount of real estate.
Wednesday, December 5, 2018
A Los Angeles political hopeful may continue his lawsuit against California's secretary of state for barring him from designating himself as a socialist on a recent ballot for a state Assembly seat, the 9th U.S. Circuit Court of Appeals has ruled.
Tuesday, December 4, 2018
We're enjoying one of the best economies of our lifetime.
Wednesday, November 28, 2018
Political conflicts are wars without guns, and ordinarily, they pit those of one political party against those of another.
Friday, November 16, 2018
Retirement brings the end of a chapter in your career and the start of a new lifestyle. This unique transition can bring a myriad of emotions, most commonly ones of excitement and apprehension.
Wednesday, October 10, 2018
We don't know what we don't know.
Tuesday, October 9, 2018
Based on a recent ruling by the 9th U.S. Circuit Court of Appeals, rock legends Robert Plant and Jimmy Page will return to a Los Angeles federal court to face a re-trial of a copyright infringement claim involving Led Zeppelin's iconic song "Stairway to Heaven."
his article is Part 2 of a two-part series providing an overview of laws affecting San Francisco employers.
Monday, October 8, 2018
We've all heard the same story: Our economy would be more dynamic if only the government would get out of the way. But Mariana Mazzucato, a professor of the economics of innovation and public value at University College London, says we've got that story backward.
Friday, October 5, 2018
Each year, employers offer an open enrollment period — a window of time to select your benefits package for the coming year.
Wednesday, October 3, 2018
A series of criminal justice bills aimed at increasing law enforcement transparency and accountability signed into law by Gov. Jerry Brown Sunday will allow for the disclosure of internal police investigatory documents and video footage of alleged police misconduct.
Tuesday, October 2, 2018
Seeing makeshift homes on sidewalks and freeway off ramps is not unusual in most parts of California.
Thursday, September 27, 2018
Recently, a client asked why we included a short form option agreement and a short form assignment agreement as an exhibit to a long form literary option agreement.
Wednesday, September 26, 2018
An election security bill allowing the Secretary of State to 'educate voters' to combat false or misleading information has sparked opposition from Republicans.
Monday, September 17, 2018
A challenge every federal judge faces is deciding the appropriate punishment for a white-collar defendant.
Friday, September 14, 2018
For small business owners, managing the bottom line of their company is often a top priority.
Thursday, September 13, 2018
In Galderma Laboratories, LP et al v. Amneal Pharmaceuticals LLC et al, 1-16-cv-00207
Tuesday, September 11, 2018
California employers must pay non-exempt employees at least minimum wage for all time they work on their employers' behalf.
Monday, September 10, 2018
As you may have heard, Scandinavians are a pretty happy bunch. Defining human happiness is a tricky, inherently subjective task. But we can probably all agree that it has something to do with a combination of material well-being, physical and mental health, personal security and strong social ties.
Wednesday, September 5, 2018
The most interesting statewide contest this year is for an office that's little known to the public but affects arguably the most important state responsibility, K-12 education.
Friday, August 31, 2018
It can be personally and financially rewarding to earn extra cash doing something you enjoy.
Thursday, August 30, 2018
As the 9th U.S. Circuit Court of Appeals put it, the teachers charged that interest had been "skimmed" from their accounts and given to others. S
rocter & Gamble, the international consumer packaged goods conglomerate, recently filed a slew of trademark applications with the United States Patent and Trademark Office, seeking to register WTF, LOL, FML, and NBD for use in conjunction with certain consumer goods.
Wednesday, August 29, 2018
The baby shoe has dropped. Just when you started to wonder what could possibly happen next, the National Enquirer has given the green light to President Donald Trump's former doorman to air his allegation that Barron Trump has an illegitimate half-brother
President Donald J. Trump has nominated Phoenix-based Magistrate Judge Bridget Shelton Bade to an Arizona seat on the 9th U.S. Circuit Court of Appeals, ending a two-year deadlock between the state's senators and the White House in negotiations to find a suitable nominee.
Tuesday, August 28, 2018
Some employers historically have set a new employee's wages, at least in part, on the employee's compensation at his or her previous employer.
Friday, August 24, 2018
If you feel similar emotions, know you are not alone. Breaking down your retirement savings into four distinct components can help take the uncertainty out of planning for your financial future.
Wednesday, August 22, 2018
True or false: The U.S. Supreme Court gives more respect to its precedents interpreting the U.S. Constitution than to other precedents?
No summary was provided
Tuesday, August 21, 2018
Lance Armstrong was once one of the most lionized athletes on the planet. Then, in 2012, it all fell apart. During a television interview with Oprah Winfrey he admitted to using erythropoietin, or EPO. Stephen Dubner recently chatted with Armstrong about that infamous interview and how the years since have changed him.
Consider a common dilemma arising in divorce cases, particularly in places like Silicon Valley or Silicon Beach that are laden with young startup companies.
One of the most important but frequently misunderstood issues in contract drafting is whether the material terms are sufficiently set forth so that a court can enforce the contract.
Wednesday, August 15, 2018
The Wage and Hour Division of the Department of Labor issued its first significant guidance under the current administration related to independent contractor classification.
No summary was provided
Tuesday, August 14, 2018
No summary was provided
Woeful observers will pine for the good old days, lamenting the death of civility, and declaring that the era of judicial confirmation food fights began with the Borking of Bob Bork in 1987. Bunk.
Monday, August 13, 2018
Is there room for a third party? If some independent mounted a presidential bid in 2020, would that person have a chance? Those are questions we won't be able to answer for a few years.
Thursday, August 9, 2018
The 2017 UPA revisions address the non-nuclear methods by which many parent-child relationships are established.
Wednesday, August 8, 2018
The Legislature reconvened this week for the inevitably hectic final weeks of its annual session. The pressure cooker atmosphere that always envelops the final days is, history tells us, not conducive to thoughtful policymaking.
Tuesday, August 7, 2018
No summary was provided
Appeals take too long, people argue; there should be a time limit within which an appeal must be decided. It might seem as if this discussion is a recent phenomenon. It's not.
Monday, August 6, 2018
For decades, the district south of downtown and alongside San Francisco Bay here was known as either Rincon Hill, South Beach or South of Market. This spring, it was suddenly rebranded on Google Maps to a name few had heard: the East Cut. The peculiar moniker immediately spread digitally, from hotel sites to dating apps to Uber, which all use Google's map data.
Friday, August 3, 2018
No summary was provided
Thursday, August 2, 2018
No summary was provided
Wednesday, August 1, 2018
No summary was provided
Monday, July 30, 2018
You wouldn't think that you could win a Nobel Prize for showing that humans tend to make irrational decisions. But that's what Richard Thaler did in 2017. Stephen Dubner recently spoke to Thaler about how institutions and firms are now practicing what he has been preaching, often to quite substantial success.
Friday, July 27, 2018
There are only about 200 words in the English language borrowed directly from Sanskrit, including three of my favorites: pajamas, ganja and loot. All of them still mean just what they meant during the Sepoy Mutiny, except one: pundit.
No matter your life stage or financial situation, it's important to have insurance in place to provide for your loved ones. Make it a priority to regularly review your coverage and ensure it covers the changing needs of your family.
This week, the 9th Circuit struck down a similar law in Hawaii.
Thursday, July 26, 2018
A recent report by the Federal Reserve Bank found that the economy of Riverside and San Bernardino counties grew at a 4.06 percent annual pace in the past 12 months, down a little from last year but still 16th highest in the nation. Part of that outstanding growth involves the region's focus on development of alternative energy and the conversion of existing energy-intensive products to meet zero emission goals.
In today's world of the internet, social media and anonymous leaks to the press, NDAs can be difficult to enforce.
Tuesday, July 24, 2018
Dan Doctoroff, a successful investment banker in New York spearheaded a massive effort to bring the Olympics to the city in 2012.Though the bid failed, it helped catalyze dramatic development throughout New York as a result of extensive rezoning efforts.
Is disparate treatment based on race a real or imagined construct facing attorneys of color? And how should an attorney respond, if at all, when such treatment is by a judicial officer?
Friday, July 20, 2018
Creating a well-crafted financial plan will help you achieve your goals.
Wednesday, July 18, 2018
On July 4, a federal judge issued a preliminary injunction siding with the Trump administration and blocked enforcement of several of the key provisions AB 450 as applied to private employers — while allowing other provisions to move forward.
In June, several comments were submitted requesting delayed implementation of several Tax Cuts and Jobs Act provisions, and the U.S. Supreme Court overruled a long-standing physical presence sales tax requirements.
The state Democratic Party's "executive committee" voted to endorse state Sen. Kevin de León's longshot bid to unseat Senator Dianne Feinstein. The action says more about the party than it does about Feinstein.
Tuesday, July 17, 2018
No summary was provided
Monday, July 16, 2018
The Trump administration has made numerous visa changes that impact immigration law.
A bankruptcy judge has blocked Michael J. Avenatti's firm from spending any attorney fees recouped from 54 cases until it repays more than $10 million in debt and taxes.
Wednesday, July 11, 2018
Supermajorities have been more about partisan bragging rights and media speculation than real tools for legislative action.
Tuesday, July 10, 2018
Monday, July 9, 2018
Trying to figure out why certain of your clients didn't pay their bills in full is a truly worthwhile exercise.
Addressing billing and collections issues throughout the year can both save money and can limit the headaches associated with the year-end push to collect on outstanding bills.
Friday, July 6, 2018
Today's housing market is creating more and more hurdles for homebuyers.
California law requires companies having five or more employees to take "all reasonable steps necessary" to prevent harassment from occurring.
Thursday, July 5, 2018
I could not help thinking of Thomas Cromwell as I read the religion cases that have marked the Roberts Supreme Court.
Tuesday, July 3, 2018
No summary was provided
In one of his final opinions before announcing his retirement, Justice Anthony Kennedy called on the U.S. Supreme Court to revisit its doctrine of deferring to agency interpretations of ambiguous statutes.
With the coming national holiday of self-determination, and national elections beyond, it is a welcome moment to consider democratic upgrades that don't depend on the federal judiciary.
Monday, July 2, 2018
A June 23 headline in the New York Times says it all: "Young Children Taken from Their Parents: It Doesn't Just Happen to Immigrants."
Shortly after my previous employer suddenly laid me off. I was grateful to be employed again so quickly — but I quickly realized this new job wasn't for me. Given how I was treated at my last company, I didn't think I'd ever feel allegiance to an employer again. Is it acceptable to consider leaving so soon?
Tuesday, June 26, 2018
With the World Cup taking place in their backyard, does Russia have any chance of winning the World Cup? Authors of the book Scorecasting found that home-field advantage is a real thing.
A thoughtful year-end review is an excellent opportunity to take stock of what went right and what didn't during the prior year — but it isn't just a matter of reviewing the billing and collection tasks.
Monday, June 25, 2018
Tim Draper's "Three Californias" measure qualified for this November's ballot, and it is a mortal threat to our state. We review the arguments one could use to stop this measure from appearing on the ballot.
The key is to remain open to whichever process your client wishes to use.
An appellate court has affirmed the criminal conviction of a now-suspended Orange County attorney who was arrested in connection with an extortion plot against a client's purported ex-lover.
Friday, June 22, 2018
Couples who don't have children tend to have more financial flexibility to pursue their own goals throughout life and in retirement. But this flexibility doesn't mean they don't need to manage their future financial, health and legacy needs.
Considerations for athletes who are looking to become engaged in venture capital.
Thursday, June 21, 2018
While many animals are afforded various protections by the rule of law, photos taken by some do not have the risk of liability for copyright infringement.
What if a forum selection clause requires that the target forum have personal jurisdiction over the defendants?
Wednesday, June 20, 2018
Both Trump and Sessions see the separation of children from their parents as leverage in either keeping people from crossing the border with their families, or to force the Democrats to accept Trump's proposals. A
Politicians are misusing trailer bills, meant to implement the state budget, to enact far-reaching policies that have virtually nothing to do with the budget, and without any of the traditional safeguards, such as waiting periods and public hearings.
Monday, June 18, 2018
Pharmaceutical firms donate an enormous amount of their products. Pfizer, for example, donated $4.7 billion in medicines in 2017. And yet all that generosity doesn't seem to be helping its reputation. According to Gallup, only about a third of Americans hold a positive view of the pharma industry, which makes it nearly as unpopular as the federal government.
The new rules continue to remind us that there are limitations on the amount and ways we can charge our clients.
Friday, June 15, 2018
The recent recall of Judge Aaron Persky — the first recall of a California in 86 years — is a serious assault on judicial independence.
No summary was provided
Thursday, June 14, 2018
Estimates suggest that by 2020, there could be around 50 billion devices of one type or another connected worldwide.
No summary was provided
Tuesday, June 12, 2018
Sunday is not my favorite hour to discuss home-improvement projects with a prospective contractor, but there I was, eagerly showing this one my basement. He seemed promising, spending almost two hours in my basement. All I had to do now was wait for his bid. I eagerly opened the email only to find a half-page proposal with scant information, just a vague bullet list with a dollar sum at the bottom. When I asked for more detail and references, I never heard from him again. My experience is not uncommon among homeowners looking to hire tradespeople.
Could a program included in President Donald Trump's tax reform bill help fuel development in economically distressed areas of California?
To fully understand the ruling in Murphy v. NCAA, we must first go back to the Constitutional Convention of 1787.
Monday, June 11, 2018
Near the bottom of the lengthy ballot San Francisco voters considered last week, in this state famous for its abundant and oddball ballot initiatives, Proposition I asked voters to establish a policy of not coveting other cities' sports teams.
How the JD-MD duo is the modern day Batman and Robin.
Friday, June 8, 2018
Recent changes in the tax landscape can have an impact on the way you give, and here are 4 outside of the box ways to donate.
Aviation accidents spawn a defense to state law tort claims.
Thursday, June 7, 2018
Can Joel Embiid block the Buffalo Bills' attempt to register "Respect the Process"? And better yet, if he can, will he?
California's Bureau of Cannabis Control force upon tribes a Hobson's choice: waive sovereignty in order to participate in the commercial cannabis economy, or maintain sovereignty but be excluded from this growing market.
Wednesday, June 6, 2018
Many proposals on this week's ballot will raise local taxes directly, or indirectly through issuance of bonds that would require higher property taxes to repay.
Assembly Bill 2069 is the latest legislative effort to provide protections to employees who are medical marijuana cardholders.
Tuesday, June 5, 2018
The California Supreme Court's recent decision in Dynamex v Lee changes the way businesses evaluate their employee classifications.
Most business contracts end after the parties have performed their duties, or on the stated expiration date. Collective bargaining agreements, however, are different.
Monday, June 4, 2018
Patent owners may have finally caught a break with the U.S. Patent and Trademark Office's recent rules announcement that would change an often-criticized policy.
The recent decision of the FCC imperils much more than the music industry.
These days, more and more businesses are giving back. Corporate social responsibility programs — in which companies donate to educational institutions, or help protect the environment, or strip child labor from their supply chains, or do any number of world-improving things — are all the rage in global C-suites. So why has CSR become so popular? It can't simply be that the world's business titans woke up one day and decided to make the world a better place.
Friday, June 1, 2018
There are steps you can take to feel more financially confident regardless of your age and current health status.
Here is my advice to the grand poo-bahs who run Starbucks: Treat everybody alike and prioritize comfort and convenience.
There are steps you can take to feel more financially confident regardless of your age and current health status.
Wednesday, May 30, 2018
No summary was provided
Numerous articles have been have focused on the correct method of computation when a flat-sum bonus is paid and the retroactive application of the decision. But there is something more significant.
Tuesday, May 29, 2018
A proposed state-level estate tax to raise money for college tuition wont live up to its name, the College for All Act of 2018.
No summary was provided
Friday, May 25, 2018
Litigants value early case assessment by their law firms for obvious business reasons. This exercise is uniquely important in trade secret cases.
Consider the benefits of working another year or more before retirement.
Thursday, May 24, 2018
Patent owners should consider whether the ITC is the appropriate forum for litigating their patent infringement claims.
Wednesday, May 23, 2018
Too often, political tactics are based on the cynical assumption that voters can be easily fooled and the current election season is, unfortunately, rife.
Does using cheating software in a video game create an unauthorized "derivative work"?
Tuesday, May 22, 2018
Personal injury attorneys who have cases where the claimant is a Medicare beneficiary need to have a basic understanding of Medicare reimbursement and the reporting process.
Friday, May 18, 2018
On May 14, the U.S. Court of Appeals for the Federal Circuit held that the burden of establishing proper venue under Section 1400(b) is on the plaintiff in patent cases, not the defendant challenging venue.
Chinese innovators look to U.S. leadership and partnership as the world's most complex problems are solved through joint technology projects in which everyone can benefit — like the blockchain.
Freelance professionals have unique opportunities and challenges when it comes to creating a viable path to financial security.
Thursday, May 17, 2018
Many patent owners feel that alleged infringers have an unfair advantage under the current system that applies different claim construction standards for different forums.
Wednesday, May 16, 2018
This month, Tesla released its 2018 first quarter financials, with horrid results. In the first three months of the year, Tesla managed to lose another $784 million.
Gov. Jerry Brown is strangely unwilling to even try to save the state budget from the existential threat posed by an insanely unbalanced tax system, even though he acknowledges the fiscal peril.
Tuesday, May 15, 2018
Atul Gawande is an extraordinarily busy man, even for a doctor. Not only is he a surgeon, but he's also a health policy professor at Harvard, an executive director at Ariadne Labs, and a staff writer at The New Yorker. Gawande recently found time to chat with Stephen Dubner about how we can improve health care and how he gets it all done each day.
Monday, May 14, 2018
Even if a subpoenaing party has complied with the notice procedures, there may be other reasons that a CPA may not be able to produce records in response to a subpoena.
No summary was provided
Why is the insurance commissioner sponsoring a bill that would make it easier for insurance companies to shortchange homeowners after mass disasters like the 2017 wildfires?
Friday, May 11, 2018
There is a time and place for revealing the bottom line, but it's usually at the very end, not the very start of mediation or negotiations.
For many investors, cash helps protect a portion of income against market volatility and provides the ability to generate a competitive return.
In two cases brought by airline employees against their employers, a federal appellate panel asked the Supreme Court of California on Wednesday to decide whether California's labor standards can be applied to state residents who work primarily outside the state.
Thursday, May 10, 2018
Ninth Circuit finds monkeys cannot sue for copyright infringement
If a shipment originates out of state or out of the country and is transported into California, for example, and then from the port of Los Angeles to a destination in Los Angeles, it is said to be "in interstate of foreign commerce," despite the fact that it never leaves the state.
Under a claims-made-and-reported policy, the consequences of a delay in reporting can be disastrous, namely a complete loss of coverage.
Wednesday, May 9, 2018
Here's one to check off your bucket list of ponderables: If you engage in an intentional act that results in an unintended accident, is it an really an accident?
California's economy has climbed in global rankings to 5th place behind only the United States as whole, China, Japan and Germany.
Tuesday, May 8, 2018
The new reality in California is that cannabis interests have become a formidable lobbying force.
Lower immigration and birth rates have caused a decline in California's population growth.
The Clarifying Lawful Overseas Use of Data Act was enacted into law on March 23 — after oral arguments before the Supreme Court and prior to a decision in United Stats v. Microsoft.
Monday, May 7, 2018
In theory, millions of borrowers are eligible to have their debts forgiven after a decade of public-service work. In practice, the program has produced a litany of frustrations. But there is at least one person who has made the 120 qualifying payments and now has a zero balance as a result, thus joining a very small club of the forgiven.
An exploration of recent nonconsensual pornography cases reveals hurdles victims and advocates face in fighting back against this form of online harassment.
Policing reproduction recently took a frightening turn in Arizona where lawmakers have intervened in disputes involving cryopreserved embryos.
When we begin to think about how to maintain a thriving legal practice that is being outpaced by artificial intelligence, automated on-line legal services, and lawyer "robots," the first question that hits us is, where do we even begin? Below we suggest a roadmap for addressing what is arguably the biggest challenge the legal industry has faced in its history.
Comprehensive tax reform will require heavy political lifting.
Friday, May 4, 2018
For numerous reasons, the court should affirm the physical presence rule of Quill and allow Congress to decide what new standard — if any — should govern use tax collection by remote sellers.
Trump's administration, answering pleas of auto executives, wants to roll back more stringent fuel efficiency standards promulgated during the final days of the predecessor Obama administration – rules that, at the time, California, other like-minded states and the auto industry jointly supported.
Businesses across the world are bracing for the impact of the new European Union data-protection regulation, known as the GDPR, which comes into effect on May 25.
Thursday, May 3, 2018
California has a strong public policy of protecting its workers. And it's even possible that California's wage and hour laws may be applied to work beyond California's boundaries.
Can California stop the Trump administration from unloading federal lands?
Ren Ventures argues that Lucasfilm doesn't have common law trademark rights to SABACC card game because it failed to use the game in a trademark manner.
Wednesday, May 2, 2018
Voters often make snap judgments based on ideological predispositions and unpredictable events that unfold during campaigns, what those in politics call "x-factors."
The Supreme Court's holding that foreign corporations cannot be sued in U.S. courts for international-law violations absent authorization from Congress departed from the near-unanimous views of the lower courts.
Tuesday, May 1, 2018
Only job related factors can legally influence a disparity in pay between male and female employees. An employee's prior salary history is not a legitimate consideration when it comes to pay differentials.
The so-called "gig economy" embodies the rapidly growing on-demand workforce of freelance workers in every job sector.
What is the one thing that sets humans apart from all other animals? Some say it's our innate curiosity; some say our language. Others say it's our culture. Our capacity for trade — our ability to create markets and respond rationally to supply and demand — would seem an obvious, and particularly strong, candidate for what make us human. And yet research suggests that economic activity isn't as uniquely human as we might imagine.
Monday, April 30, 2018
In light of the recent tax overhaul, setting up a cooperative — mistakenly perceived to be the domain of farmers and workers' collectives — may provide a viable option for some business owners.
California labor laws generally discourage overtime work by requiring employers to pay a premium for extra work hours.
Friday, April 27, 2018
Before this measure was passed, Los Angeles was the only major city in the U.S. with a strict prohibition on any type of street vending, and without any citywide licensing program for vendors.
These programs are helping create a generation of "social justice solos" while diversifying the legal profession.
Consider taking steps to prepare for potential changes in the investment environment that could be caused, in part, by inflation
Thursday, April 26, 2018
When I joined CAALA in 1961, there were only approximately 250 members, but among them were some great lawyers. But Ned was in a class of his own.
Wednesday, April 25, 2018
Legislators failed to close a loophole that would have allowed various aides under them to unionize and more effectivley fight the various harassment scandals that plague the Capitol.
Fortunately, the 9th Circuit has published several instructive decisions involving the interplay of religious freedoms and the establishment clause in public employment.
Tuesday, April 24, 2018
California politicians are concerned about a potential exodus of the taxpaying rich to other states, some of which have no state income taxes, such as neighboring Nevada, Texas and Florida.
The headlines may talk about growth, but we are living in a dark economic era. For most families, income and wealth have stagnated in recent decades, barely keeping pace with inflation.
Monday, April 23, 2018
Although a busy time for individual tax filers, it's been a relatively quiet month in the exempt organizations legal space, though there were a few interesting developments.
Without adequate foresight, a client may find that control of the privilege is now in the hands of the successor corporation.
Friday, April 20, 2018
Currently, no agency has classified acrylamide as a "known" carcinogen. Yet, according to this new ruling, coffee sold in California must state exactly that.
Women often face unique challenges when it comes to managing their finances. If you are a woman working to build your financial confidence today and tomorrow, understanding key challenges is the first step to overcoming them.
Thursday, April 19, 2018
The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act ("DMCA").
The lieutenant governor has few, if any, substantive duties other than take over if a governor dies or resigns.
A recent split panel of the Federal Circuit upheld the right of the U.S. Patent and Trademark Office to participate in an appeal following a successful invalidity challenge by a party that dropped out of the appeal.
The Music Modernization Act is the product of broad consensus adopted by both the music business and its historic combatants.
A recent Federal Circuit decision is another example of how to reason through whether the written description is satisfied.
Wednesday, April 18, 2018
The court needs to provide an emphatic and clear answer that this is never permissible and therefore the travel ban is illegal and unconstitutional.
The California Chamber of Commerce published its annual "job killer" list of bills it wanted to block. 24 bills made the list.
If nothing else comes of the two days of testimony by Facebook chief executive Mark Zuckerberg to the members of the U.S. Senate and House of Representatives, lawmakers now at least have the right question.
Tuesday, April 17, 2018
Wisconsin has enacted a first-of-its-kind law requiring disclosure of third-party financing. Are litigation funder concerns overblown?
When evaluating the act's impact on mergers and acquisitions, corporate and pass-through entity provision changes must also be evaluated in the context of even more complex international ones that could affect a transaction.
Political oddsmakers have pegged Bakersfield Congressman Kevin McCarthy and the No. 3 GOP leader, whip Steve Scalise of Louisiana, as the two contenders for speaker of the House of Representatives.
Last summer, Stephen Dubner had the opportunity to chat with arguably the most heavily scrutinized chief executive in the United States: Facebook's Mark Zuckerberg. Even before Americans and the world learned that data from an estimated 87 million Facebook users had been weaponized by political operatives, and before the 33-year-old CEO sat down for a two-day grilling session from an irate Congress, Zuckerberg was feeling the heat.
Friday, April 13, 2018
Artists are already using the technology to allow consumers to directly purchase and download music.
Two new employment laws have expanded parental leave rights with the chance that the new regulations could expand compliance obligations.
You might still think that the biggest tax debate about bitcoin and other cryptocurrency is about whether you should or shouldn't report it.
Thursday, April 12, 2018
A recent ruling rolled back the FCC's broad definition of "automatic dialing system" under the Telephone Consumer Protection Act.
A discussion of a few of the most common aspects of patent law that are misunderstood.
The number and variety of emotional support animals seem to expand yearly. Also expanding is the amount of litigation involving these animals.
Wednesday, April 11, 2018
The U.S. Supreme Court will first review an act of President Donald Trump's leadership on April 25 in Trump v. Hawaii.
While parties generally understand the intent behind indemnity provisions, few understand how they are actually applied.
While the latest version of the High-Speed Rail Authority business plan appears to be more realistic about cost and construction schedules than its predecessors, it's still sorely deficient, as its official reviewers pointed out last week during a legislative hearing.
Tuesday, April 10, 2018
Corbin Barthold reviews Steve Pinker's latest book, "Enlightenment Now: The Case for Reason, Science, Humanism, and Progress."
FBLawsuits should not be the first recourse to sound mental health policy and effective programs.
Last week, the Food and Drug Administration exercised its mandatory recall authority under the Food Safety Modernization Act for the first time.
As with earlier waves of immigrants who toiled in California's fields because it was the only option open to them, farmworkers want their American-born children to have a shot at an education and a better livelihood than they would have had back in Mexico.
Dropbox had a strong market debut last week and has reassured investors with large holdings in other private start-ups.
Monday, April 9, 2018
The commission was so preoccupied with whether or not it could regulate short-term rentals, it didn't stop to think if it should.
Not only have the past several years demonstrated anew that "normal" is alternating periods of wet and dry, they also underscore just how dependent California is on its massive array of reservoirs, canals and other waterworks.
Fortunately the Court of Appeal recently rejected the right of publicity claim a case, but it's own reasoning hardly cleared up the issue for future creators.
Friday, April 6, 2018
Dealers in California should think twice before assuming the Supreme Court's ruling in the final word. By Arthur Silbergeld. Page 4
There are a variety of ways grandparents can help their grandchildren financially in the pursuit of a college degree.
Like many things, the issue will come down to negotiation power, leverage, fear of negative publicity and loss of potential revenue at the box office by the studios for failure to act equitably.
Thursday, April 5, 2018
There are four types of intellectual property protection, and it is important to understand the distinctions between them to keep your business safe.
On April 16, the Los Angeles courthouse previously known as Central Civil West is moving to a new, but distinctly old, venue.
One of the most difficult and unexpected provisions of the newly enacted Tax Cut and Jobs Act is the three-year holding period on "carried interests," which has especially significant implications for those in the real estate industry.
Tuesday, April 3, 2018
Most lawyers who represent appellants lose. In recent years, the statistics are pretty consistent.
Note to valued readers: What appears in the following column is not an April Fool's joke. Please observe that the publication date of this column is April 2, not April 1.
This year is shaping up as a great year to die because of recent changes to estate tax rules. We're back to some good times for dying following the big federal tax reform passed December 2017.
California averages one economic boom and one bust per decade and the state's recovery from the Great Recession now has lasted well beyond historic expectations. In other words, as Gov. Jerry Brown often points out, California is overdue for a downturn.
Monday, April 2, 2018
SB 306, effective January 1, 2018, expanded the California Department of Labor Standards Enforcement's authority to investigate wage law violations, without a worker-filed complaint. The federal government has stepped up immigration laws enforcement. Many inspections occur with little to no notice. Therefore, management should learn their rights and obligations.
On April 2, new regulations from the California Department of Motor Vehicles go into effect. Starting very soon you may see an empty vehicle sitting next to you at a red light or stop sign.
As the U.S. Supreme Court ponders compelled payment of agency fees, labor unions prepare for the outcome.
Friday, March 30, 2018
Californians have a constitutional right to hold and express beliefs that may be in the political minority, even if they are misguided, without that right being diluted or violated by state legislators.
Argent Communications Group held its Fourth Annual Conference on California Land Use Law and Policy on March 5 in Los Angeles.
Emotional turmoil brought on by divorce can make it hard to prioritize your finances, but there's never been a more important time to make sound decisions. Even if you're eager to move forward with your life, take the time to evaluate your retirement plans thoroughly.
Los Angeles residents will remember that in 2016, news agencies reported that anti-gentrification activists in the Latinx neighborhood of Boyle Heights held antic, and sometimes nerve-wracking, protests against art galleries.
Thursday, March 29, 2018
A common sense conclusion lies at the heart of the Martins Beach case — that is, the constitution does not distinguish between temporary and permanent takings.
In April, the United States, Canada and Mexico will hold their latest round of negotiations to revise the North American Free Trade Agreement.
Lawsuit claims LegalZoom engages in the unauthorized practice of law when its non-attorneys instruct customers on how to register trademarks.
Wednesday, March 28, 2018
The 9th Circuit is asking the California Supreme Court to interpret the impact of a state law bearing on the parental status and inheritance rights of postmortem-conceived children.
When she went to her UCLA chemistry lab on Oct. 8, 2009, Katherine Rosen didn't know her classmate was hearing voices in his head saying she and other UCLA women were ridiculing him, calling him stupid.
If a private landlord rented a commercial office space and the building was considered unfit to withstand an earthquake, we would call a government regulatory agency. But when the government is your landlord, who do you call?
Instead of the cakewalk Senate's Democratic leaders assumed when persuading Sen. Dianne Feinstein to run again, they find she is taking heavy fire from the left wing of her own party.
Tuesday, March 27, 2018
In all, approximately 4,200 public employers within the state of California and an estimated 2.7 million public employees, are covered by and fall under PERB jurisdiction.
Over the past few years, voters in hundreds of California cities and other local governments were asked to pass tax increases, and indications are that another big batch of local tax measures will be on this year's ballots.
The 9th Circuit in Hall v. Swift found the allegedly infringed phrases of the song in question to be "too brief, unoriginal and uncreative to warrant protection under the Copyright Act" and provided Hall and Butler leave to amend their complaint.
A recent California appellate court opinion highlights the danger that the design-bid-build system can bring when it is not applied in a way that protects the public dollar.
Monday, March 26, 2018
The Southern District of New York disagreed a 9th Circuit about the so-called "server test."
One wishes that the elected district attorney of a county were not so politically motivated as to skirt the ethical rules and make these kinds of false accusations about a well-respected judge and Court of Appeal justices.
Friday, March 23, 2018
Earlier this month, the 9th affirmed dismissal of a securities class action against on the basis that the inference of scienter was not at least as compelling as the inference of an honest mistake by a mismanaged organization.
This week, a unanimous U.S. Supreme Court ruled that the Securities Litigation Uniform Standards Act grants state courts the jurisdiction to hear class action claims under the Securities Act of 1933.
Thursday, March 22, 2018
Americans have spent much of the past decade wondering when the economy would recover from the crippling Great Recession. Now, they are considering another question: When, and how, will that recovery end?
Wednesday, March 21, 2018
Arizona officials saw opportunity when Uber and other companies began testing driverless cars a few years ago. On Sunday night, an autonomous car operated by Uber — and with an emergency backup driver behind the wheel — struck and killed a woman on a street in Tempe, Arizona. It was believed to be the first pedestrian death associated with self-driving technology.
Tuesday, March 20, 2018
Dropbox, the online file storage company, is poised to hold one of the year's most highly awaited stock market debuts. But whether investors think the technology darling is more valuable as a publicly traded company or as a privately held start-up is debatable.
Monday, March 19, 2018
As of February 5, 2018, California Assembly Bill 403 imposes stiff consequences on members of the legislature or employees who interfere with an employee's right to make a protected disclosure.
Friday, March 16, 2018
Switching employers can have a substantial impact on your financial life. Four tips to help keep your finances on track through the transition.
Donors to campaign groups don't always get what they want.
Donors to campaign groups don't always get what they want.
High-speed train system linking the northern and southern regions of the state looks like a solution in search of a problem, rather than a vital transportation system.
Thursday, March 15, 2018
U.S. District Court for the Eastern District of Texas finds defendants have not committed acts of infringement sufficient to establish venue.
Wednesday, March 14, 2018
Republicans are exploiting the Democratic Party's abject lack of discipline and gaming California's top-two primary system to potentially block Democratic challengers from reaching the November ballot.
Tuesday, March 13, 2018
Google currently has multiple lawsuits filed against it by former employees alleging that the companies' diversity practices are both too disruptive and too ineffective.
Taxing motorists and spending the money on transportation improvements is the right thing to do. Claiming overblown economic benefits is the wrong thing to do.
Monday, March 12, 2018
Hers has been a lifetime of firsts.
The gender pay gap is a phenomenon prevalent all over the world and when adjusted for discriminatory factors, the reasons for its existence become less clear with some differences attributed to small but important variance in each gender's behavior.
This obligation has taken on new importance in recent years, as law firms find themselves targeted by hackers who realize that firms may have extremely sensitive information regarding some of the largest companies in the world.
Friday, March 9, 2018
In a unanimous decision, the U.S. Supreme Court has added considerable clarity surrounding the avoidance powers of bankruptcy trustees everywhere.
Though premised on violation of the state cannabis regulations, these claims will be actionable under state consumer protection laws.
Capitalize on the benefits of having an ownership stake in your employer's firm while maintaining a well-diversified portfolio.
Thursday, March 8, 2018
The advent of inter partes review has revived excitement about sovereign immunity, an area of law that previously appeared largely settled in the context of federal patent infringement litigation, particularly as it applies to states.
The on-sale bar can be raised as a defense in patent infringement litigation.
The Supreme Court is weighing whether the process of determining foreign law should be different when the information given to the court includes a foreign government agency's interpretation of foreign law.
Wednesday, March 7, 2018
California's commission process for redistricting isn't perfect, but it's one that other states should emulate.
Hoping someone else might take the laboring oar and benefit you is a tremendous longshot. If you're a loser, own it: Act like a loser, and appeal.
A recurring issue in land use litigation is an argument advanced by project opponents that environmental review under the California Environmental Quality Act cannot be "segregated" from the project approval.
Tuesday, March 6, 2018
7 challenges to investing with a social conscience: 1. definition 2. measurement 3. exclusions 4. performance 5. cost and diversification 6. access and 7. control.
The lesson of AB 1687 is that politicians shouldn't be star-struck by Hollywood and they shouldn't erode constitutional rights regardless of the supposed worthiness of their motives.
For now, unless I have reason not to do so, all incumbent judges have my vote.
Last week, the 2nd Circuit joined the 7th Circuit in ruling that Title VII prohibits discrimination based on sexual orientation.
It used to be the case that user-generated content was seen as free for the taking.
For too many copyright stakeholders, litigation in federal courts is prohibitively expensive; especially in relation to the modest amounts at stake in many on line copyright infringements.
A recent decision provides insureds with both legal support and a roadmap for holding insurers accountable for bad faith claims handling, regardless of whether the claim at issue is ultimately covered by the insured's policy.
Monday, March 5, 2018
One conclusion is certain: The PAGA saga is far from over. Each new California or 9th Circuit case introduces another question about the interplay between arbitration agreements and PAGA claims.
President Donald Trump has announced potential tariffs on all steel and aluminum imports from every country around the world. Various European countries responded on Friday with threats of retaliation and many countries argue that such tariffs would end up harming both all parties rather than just helping the United States.
The U.S. Supreme Courts is poised to answer a key antitrust issue in a case against American Express.
Friday, March 2, 2018
If you've experienced a life event this year, review your benefits and determine if you need to make new or different elections to ensure the desired insurance coverage for you and your family.
On Monday, the Northern District of California issued a ruling denying Facebook's motion to dismiss for lack of subject matter jurisdiction a biometric-privacy-based class action.
Over a year ago, the 9th Circuit asked the state high court to clear up a question concerning third-party claims.
Thursday, March 1, 2018
If a patent only covers a component of a product that a defendant in a patent infringement case has sold, the plaintiff must apportion damages between the patented component and the whole product. The plaintiff is only entitled to a reasonable royalty on the patented component, not on the whole product.
A petition for certiorari is pending in a strange takings case. Although few come in contact with this kind of taking, the legal issues surrounding its process are what raises the eyebrows.
Even though one can expect change at the NLRB whenever there is a new administration, the noise coming from the board over the last several months is unprecedented.
Last weekend's Democratic state convention revealed a party with many internal fault lines. The most obvious was the power struggle between the party's establishment and its left wing.
Wednesday, February 28, 2018
Never judge the true tenor of a political party by what happens at its convention. Last weekend's Democratic gabfest was a case in point.
Now that it is election season, the legal community once again will turn part of its focus upon the upcoming elections for superior court judge, which occur on a countywide basis throughout California.
A recent Delaware Supreme Court ruling grapples with due process concerns and demand futility.
Tuesday, February 27, 2018
A recent Court of Appeal decision signals the need for local public entities to evaluate their administrative appeals process to ensure that it conforms with state law.
A recent federal court ruling and a case recently argued before the California Supreme Court are the most recent installments in the ongoing effort to reconcile employee classification with the gig economy.
Before announcing Tony Mendoza's resignation, Kevin de León told the Senate, "we will not tolerate harassment or sweep it under the rug." That pledge will be tested as both the Senate and the Assembly handle multiple complaints about how legislators have behaved.
Once in a rare while, the Court of Appeal will consider a writ petition that raises an issue of first impression, and publish a decisive order that creates new and binding precedent.
Last week, the U.S. Supreme Court held that a guilty plea does not inherently waive a criminal defendant's right to subsequently challenge the constitutionality of the statute of conviction on direct appeal.
There are many situations in which employers are obligated to give their employees time off from work. The California Family Rights Act has expanded the class of employers to include small business, so it is always pertinent to check and see which forms of leave are protected before coming to a conclusion.
Monday, February 26, 2018
In 1994, Indra Nooyi joined PepsiCo as a chief strategist; 12 years later, she was named its CEO. Today, she oversees 260,000 global employees and a snack empire that includes Frito-Lay chips, Tropicana juices, Quaker foods and of course lots of soda.
Much of the talk relating to nonprofits and exempt organizations over the past few months has been with respect to anticipated implications of the Tax Cuts and Jobs Act.
"Nothing in [the] opinion prevents the agency from enumerating additional means of SEC reporting." Whether the agency will do so remains to be seen.
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NEWS
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General News
Tuesday, February 25, 2020 |
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| U.S. District judge dismisses two FOIA-related suits against federal regulators over San Onofre power plant decommissioning process | |
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General News
Tuesday, February 25, 2020 |
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| In recent years, state regulators and private plaintiffs have attempted to circumvent and undermine a regime of legal certainty by arguing that preemption of state usury laws should apply only if — after applying a fact-intensive, multi-factor test — the bank is determined to be the "true lender" on the loan. | |
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General News
Tuesday, February 25, 2020 |
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| "This case illustrates a complete failure of leadership at multiple levels within the Bank," said California Central District U.S. Attorney Nicola T. Hanna in a statement Friday. "Simply put, Wells Fargo traded its hard-earned reputation for short-term profits, and harmed untold numbers of customers along the way." | |
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General News
Monday, February 24, 2020 |
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| Defense counsel in the Porter Ranch gas leak cases were sanctioned $525,000 for discovery abuses Thursday, the second time it has been penalized for withholding documents based on vague privileges, according to a judge's order. | |
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General News
Monday, February 24, 2020 |
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| A Los Angeles County judge has appointed co-lead counsel and an executive committee to head a state product liability lawsuit against Juul Labs Inc., one of several complaints the company is facing. | |
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General News
Monday, February 24, 2020 |
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| A recent letter to Gov. Gavin Newsom from the LGBTQ legislative caucus calls Associate Justice Ming W. Chin's looming retirement a "historic opportunity" and touts California's "many highly qualified LGBTQ candidates, including appellate justices, trial judges, legal scholars, and attorneys." | |
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General News
Friday, February 21, 2020 |
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| SB1079, introduced Tuesday, seeks to reduce homelessness by penalizing property owners, specifically corporations, that leave homes vacant for three months and forcing them to sell to tenants, non-profit organizations or government agencies at a stipulated price. | |
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General News
Friday, February 21, 2020 |
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| Although there is certainly no express exemption for big data written into the Sherman Act, determining exactly how antitrust law (as opposed to, say, consumer protection law) applies has been far from trivial. | |
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General News
Friday, February 21, 2020 |
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| In his State of the State address, Gov. Gavin Newsom cited laws and court rulings that he said tie the government's hands in dealing with the mentally ill, who are often homeless. | |
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General News
Wednesday, February 19, 2020 |
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| Federal prosecutors dropped trade secrets charges Friday against the remaining four defendants accused of stealing confidential information from their now-defunct former employer, Jawbone, a couple of weeks after a San Jose jury quickly acquitted the lead defendant, | |
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General News
Wednesday, February 19, 2020 |
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| Intuit and other tax preparation companies are required to offer 70% of taxpayers the option to file for free under an agreement with IRS. A putative class is alleging TurboTax intentionally steered customers away from complimentary services in favor of paid offerings. | |
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General News
Wednesday, February 19, 2020 |
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| A woman in a multi-party insurance suit who said attorney Michael Avenatti embezzled $2.75 million from her to buy a $4.4 million jet, argued she was not consulted before a federal judge stayed the case pending the result of other actions the now-convicted lawyer faces throughout California. | |