GUEST COLUMNS
Thursday, May 23, 2019
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.
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.
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.
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.
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.
Wednesday, May 1, 2019
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.
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.
Why I admire Parliamentary procedure
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
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.
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.
Tuesday, April 16, 2019
California should adopt a simple, modern approach that recognizes the new ways that Californians memorialize their end-of-life wishes.
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.
Friday, April 5, 2019
Sometimes lawyers get sanctioned for outrageous and improper behavior in court. But what about civility in more casual settings?
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.
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
It's still illegal at the federal level, so where there is business — and cannabis business is thriving — what are banks to do?
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.
Tuesday, April 2, 2019
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.
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.
Monday, April 1, 2019
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.
Much of an attorney's job is communication—but when can legal communication result in liability?
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.
First-time funds have been growing at a healthy pace year over year with continued upward growth since 2013.
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.
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.
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.
Many employers use background investigations when making hiring, promotional, and similar decisions.
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.
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?
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.
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 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.
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.
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
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.
The financial system had nearly collapsed.
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.
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.
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.
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
In the battle between desire for public access and environmental preservation, respecting property rights is the best solution
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.
Wednesday, February 27, 2019
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.
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.
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.
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.
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.
Monday, February 25, 2019
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?
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.
Wednesday, February 13, 2019
Tinker v. Des Moines Independent Community School District was the first Supreme Court ruling that provided protection for students' First Amendment rights.
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.
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
As a law professor, I wish students would hesitate before denouncing government actions, or public officials, as "racist" or "sexist."
Our appellate rules are pretty darn good. But they're not perfect and can't account for every bizarre situation.
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
A California jurist once wisely observed, "All too often attorney fees become the tail that wags the dog in litigation."
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.
Tuesday, January 29, 2019
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.
Employers require at least some employees to travel for business purposes.
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
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.
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?
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.
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.
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.
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
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!
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
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.
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.
Last year once again saw courts addressing key insurance issues.
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
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.
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.
Monday, January 7, 2019
Last month the Delaware Court of Chancery issued an important decision denying a motion to dismiss derivative litigation.
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.
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.
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.
It generally was concealed from the American public. President Woodrow Wilson, for example, was incapacitated by several strokes in 1919.
Monday, December 31, 2018
This fall, the California legislature responded to the #MeToo movement in a significant way. One bill, SB 1343, affects nearly every employer in California.
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?
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.
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
his article is Part 2 of a two-part series providing an overview of laws affecting San Francisco employers.
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."
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
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.
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
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
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.
No summary was provided
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
In today's world of the internet, social media and anonymous leaks to the press, NDAs can be difficult to enforce.
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.
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
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.
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.
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.
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
California law requires companies having five or more employees to take "all reasonable steps necessary" to prevent harassment from occurring.
Today's housing market is creating more and more hurdles for homebuyers.
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
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.
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.
Monday, July 2, 2018
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?
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."
Tuesday, June 26, 2018
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.
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.
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
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.
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
Monday, June 18, 2018
The new rules continue to remind us that there are limitations on the amount and ways we can charge our clients.
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.
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.
To fully understand the ruling in Murphy v. NCAA, we must first go back to the Constitutional Convention of 1787.
Could a program included in President Donald Trump's tax reform bill help fuel development in economically distressed areas of California?
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
Aviation accidents spawn a defense to state law tort claims.
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.
Thursday, June 7, 2018
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.
Can Joel Embiid block the Buffalo Bills' attempt to register "Respect the Process"? And better yet, if he can, will he?
Wednesday, June 6, 2018
Assembly Bill 2069 is the latest legislative effort to provide protections to employees who are medical marijuana cardholders.
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.
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
The recent decision of the FCC imperils much more than the music industry.
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.
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.
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.
Wednesday, May 30, 2018
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.
No summary was provided
Tuesday, May 29, 2018
No summary was provided
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.
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
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.
Ninth Circuit finds monkeys cannot sue for copyright infringement
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
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.
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.
Comprehensive tax reform will require heavy political lifting.
Policing reproduction recently took a frightening turn in Arizona where lawmakers have intervened in disputes involving cryopreserved embryos.
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
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.
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?
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
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.
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.
Monday, April 30, 2018
California labor laws generally discourage overtime work by requiring employers to pay a premium for extra work hours.
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.
Friday, April 27, 2018
These programs are helping create a generation of "social justice solos" while diversifying the legal profession.
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.
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 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.
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.
Wednesday, April 18, 2018
The California Chamber of Commerce published its annual "job killer" list of bills it wanted to block. 24 bills made the list.
The court needs to provide an emphatic and clear answer that this is never permissible and therefore the travel ban is illegal and unconstitutional.
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
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.
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.
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 discussion of a few of the most common aspects of patent law that are misunderstood.
A recent ruling rolled back the FCC's broad definition of "automatic dialing system" under the Telephone Consumer Protection Act.
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
While parties generally understand the intent behind indemnity provisions, few understand how they are actually applied.
The U.S. Supreme Court will first review an act of President Donald Trump's leadership on April 25 in Trump v. Hawaii.
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."
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.
FBLawsuits should not be the first recourse to sound mental health policy and effective programs.
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
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.
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.
Thursday, April 5, 2018
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.
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.
Tuesday, April 3, 2018
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.
Most lawyers who represent appellants lose. In recent years, the statistics are pretty consistent.
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.
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.
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.
Thursday, March 29, 2018
In April, the United States, Canada and Mexico will hold their latest round of negotiations to revise the North American Free Trade Agreement.
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.
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
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.
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.
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
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.
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.
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
Capitalize on the benefits of having an ownership stake in your employer's firm while maintaining a well-diversified portfolio.
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.
Thursday, March 8, 2018
The on-sale bar can be raised as a defense in patent infringement litigation.
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 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
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.
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.
California's commission process for redistricting isn't perfect, but it's one that other states should emulate.
Tuesday, March 6, 2018
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.
It used to be the case that user-generated content was seen as free for the taking.
Last week, the 2nd Circuit joined the 7th Circuit in ruling that Title VII prohibits discrimination based on sexual orientation.
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.
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.
For now, unless I have reason not to do so, all incumbent judges have my vote.
Monday, March 5, 2018
The U.S. Supreme Courts is poised to answer a key antitrust issue in a case against American Express.
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.
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.
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.
Over a year ago, the 9th Circuit asked the state high court to clear up a question concerning third-party claims.
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.
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.
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.
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.
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
A recent Delaware Supreme Court ruling grapples with due process concerns and demand futility.
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.
Tuesday, February 27, 2018
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.
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.
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.
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.
Monday, February 26, 2018
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.
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.
"Nothing in [the] opinion prevents the agency from enumerating additional means of SEC reporting." Whether the agency will do so remains to be seen.
Friday, February 23, 2018
With market performance where it is, it may make sense to review your portfolio and determine if changes are appropriate.
Recently, the Polish government has come under fire for proposing legislation that would criminalize equating the Poles' complicity with Nazis' crimes.
The debate about the effectiveness of Jerry Brown's landmark overhaul of public school finance rages on, with the fates of millions of children and Brown's legacy hinging on the outcome.
Thursday, February 22, 2018
Certain claims are not patentable under 35 U.S.C. §101. If claims are well-understood, routine, and conventional they might not be eligible for patent.
A constitutional battle may be looming as the majority of states take action to shield consumers from internet service providers' newfound ability to throttle or block internet traffic in the wake the Federal Communications Commission's decision last December to remove net neutrality rules.
It looks like Gavin Newsom and Antonio Villaraigosa will be the June primary election's top two vote-getters and will face each other in November for the governorship.
Wednesday, February 21, 2018
As trade among the U.S. and Latin American countries has increased, so has the need for effective anticorruption measures to ensure a level playing field when U.S. companies do business abroad.
The recently enacted Tax Cuts and Jobs Act institutes sweeping changes to the tax code on many levels, but one of the most significant adjustments is the new Code Section 199A
Client agencies – cities, particularly – were already complaining that double-digit annual increases in CalPERS payments were driving some of them towards insolvency and the new policy, which will kick in next year, will raise those payments even more.
Tuesday, February 20, 2018
Grateful Dead lyricist and internet activist John Perry Barlow passed away last week. So who will pick up where he left off?
Recent remarks by SEC Chair Jay Clayton suggest the commission is taking a common-sense approach its role in regulating virtual currencies.
The complaint that Stone Brewing filed in District Court against MillerCoors epitomizes the fight between craft brewers and "Big Beer." It will be interesting to see how it plays out.
Many have criticized Proposition 57 as too vaguely drafted and too broad. Now, the CDCR must either rewrite the regulations or try to overturn a recent ruling by Sacramento County Superior Court Judge Allen Sumner.
Friday, February 16, 2018
The most sweeping tax reform legislation in decades was enacted into law at the end of 2017. If you pay federal income taxes, you are likely to see an impact this year.
Businesses must be careful to ensure that they are properly insured for the substantial risks they face.
Suing oil companies for causing climate change has become a popular exercise in California's coastal communities. However, winning in court is another matter, and by just filing the actions, California governments may be risking their ability to borrow money at low rates.
"The only constant is change." Heraclitus may have been talking about life. But he might as well have been talking about the criminal law.
A ruling clarifies that parties without a contractual relationship who each perform separate steps of a method claim can satisfy the Akamai divided infringement test.
His eye-popping trial verdicts and record-setting results over the last two-plus decades are already legendary.
Thursday, February 15, 2018
For those looking at what happened to Wells Fargo as a harbinger of a federal crackdown on corporate misconduct, this is more likely to be a one-off situation, with little prospect of its happening again in the current deregulatory environment.
On Wednesday, Loyola Law School will formally open our Loyola Social Justice Law Clinic, a consolidated space on campus.
Last week, a federal judge ruled that Raef Lawson was not an employee of GrubHub during his four-month stint as a driver for the food-delivery service.
Wednesday, February 14, 2018
With the confessional floodgates open, our current society has a renewed awareness of harassment likely unseen since Anita Hill famously testified at Justice Clarence Thomas's confirmation hearing.
First, an ISP was held liable for not blocking a copyright infringer, and now a California federal court has issued an injunction against TickBox, which makes a device that allows users to stream pirated content.
Proposition 50, a constitutional amendment that voters approved in the June, 2016, primary election, empowers legislative houses, by a two-thirds vote, to suspend without pay, members who either face criminal charges or are deemed to have breached the public trust.
Tuesday, February 13, 2018
he U.S. Supreme Court has unanimously held that challenges to the so-called "Waters of the United States" rule must be heard by federal district courts.
Greines, Martin, Stein & Richland LLP has built a strong reputation for a small firm by taking on tough appellate cases in state and federal court.
Some common issues employers may encounter during and after a natural disaster, including paying employees, handling leave requests, and managing safety concerns.
Monday, February 12, 2018
Foreign lawyers and foreign parties to international commercial agreements have largely bypassed California and have chosen to seat their arbitrations outside of California.
Should we go with an insider or an outsider? This is among the central questions that companies ask themselves when choosing a new chief executive.
The Feb. 3 event ostensibly pitted the "Patriots" against the "Chicanos." They were separated by the police-laden Logan Avenue divide.
Friday, February 9, 2018
Agencies are increasingly finding small errors in the reports and assessing significant penalties — they consider these paperwork errors as grave as harmful emissions and an affront to the integrity of the regulatory program.
While talking about the sensitive topic of your parents' long-term financial goals may seem uncomfortable, addressing it sooner rather than later can help eliminate challenges and uncertainty down the road.
While establishing loss causation in securities fraud actions is not always factually simple, it is helpful to be reminded that it is just a proximate causation inquiry; nothing more.
This year, voters in two California communities face recall efforts, one aimed at Democratic Sen. Josh Newman in Orange County, the other at Santa Clara County Superior Court Judge Aaron Persky. The cases against both are paper thin.
Thursday, February 8, 2018
When the evidence shows that an ISP fails to enforce the terms of its own policy in any meaningful fashion, that ISP has not "reasonably implemented" a repeat copyright infringer policy.
The 9th Circuit recently denied a petition for review of a deportation order filed on behalf of a child who had been forced to present his asylum claim without legal representation.
Civility and professionalism are neither indicia of bad faith, nor "hallmarks of … delay." Yet a recent Court of Appeal decision suggested as much.
Wednesday, February 7, 2018
It's hypocritical for the Legislature to exempt itself from the laws and procedures it imposes on others, as the firestorm over sexual harassment underscores. If would-be miscreants know that their behavior can be reported and revealed to the public, they'll be much less likely to do it.
With a history going back to 1790, it may come as a surprise to learn that the U.S. Supreme Court is about to decide for the first time, in the context of copyright litigation, what the word "registration" in the Copyright Act actually means.
A recent Federal Circuit opinion clarified the "reasonable certainty" standard for patent claim definiteness established by the U.S. Supreme Court in a 2014 ruling.
This should sound obvious. But litigation is complicated, and a win rarely emerges after a completely one-sided process.
Tuesday, February 6, 2018
The solution to this dilemma does not lie with requiring physicians to act as indentured servants to insurance carriers under their negotiated contracts. The solution lies in reworking the regulations so that more physicians in varied specialties are attracted to the system.
A group of Silicon Valley technologists who were early employees at Facebook and Google, alarmed over the ill effects of social networks and smartphones, are banding together to challenge the companies they helped build.
I believe I have been, pardon the expression, "sucked" — no, "drawn" is a better word — drawn into a relationship with Siri.
One of California's most complex and unusual financial/political/legal conflicts was settled last week, but the deal left a couple of mysteries.
Monday, February 5, 2018
We've all had the feeling that our workplace would completely crumble in our absence. It's rarely true. So at least consider the possibility that the organization will muddle along happily without you.
Associates serve two masters: Their "bosses" at their firms, and the Rules of Professional Conduct.
Plaintiffs must show that the premises owner was aware of similar criminal activity at or near the location and this is often difficult to prove.
This week the state high court rejected the opportunity to join the majority of courts, including the U.S. Supreme Court, by holding that objectors need not formally intervene to obtain appellate standing.
Friday, February 2, 2018
It's high time that Jerry Brown, the bullet train board he appointed and other project advocates prove that there's a practical way to build the high-speed rail.
A Riverside case involves the right of people with developmental disabilities to marry as well as the right not to be pressured into marriage through undue influence.
It may make sense to use both active and passive investments to effectively build and manage a diversified portfolio.
Thursday, February 1, 2018
The Department of Justice issued an internal memo this month that signals a shift in its approach to qui tam actions, encouraging government attorneys to act more aggressively to dismiss certain False Claims Act cases.
After 44 years participating in the evolution of women in law, I believe economic equality for women requires deep cultural change.
While not all software-based innovations are patent eligible, it is clear that some are. Therefore, it is imperative to take into account recent court decisions when drafting the specifications and claims for such inventions.
I would not be surprised if the Supreme Court winds up reversing the 5th Circuit and, at least to some degree, limits the Fish and Wildlife Service's expansive interpretation of "critical habitat."
Wednesday, January 31, 2018
Los Angeles and San Francisco are suddenly in the throes of turmoil as they search for new leaders.
New Internal Revenue Code Section 164(b)(6), titled Limitation On Individual Deductions for Taxable Years 2018-2025, prevents an individual from deducting more than $10,000 of state and local taxes.
Lending convertible indebtedness is no longer an equity investment by another name. Convertible indebtedness is now, more and more, true commercial subordinated debt.
Tuesday, January 30, 2018
the California Legislature just amended the California Family Rights Act so that small businesses will be subject to part of its provisions.
The U.S. Supreme Court will consider the question in a case it agreed to hear earlier this month.
Governor Jerry Brown punctuated his State of the State address with lists of what he clearly regards as major accomplishments. Does his work qualify for a commendable legacy?
Clara Shortridge Foltz must be spinning in her grave realizing that the Board of Supervisors in 1913 was far more enlightened than the current cast of characters in 2018.
Monday, January 29, 2018
A Los Angeles Bitcoin investor sued a Japanese bank for allegedly losing over $400 million in digital currency.
A system of voluntary mediator certification would benefit both the public and the profession.
The Tax Cuts and Jobs Act is anything but simplifying with respect to its international tax code provisions. Co
A recent case out of the Ninth Circuit, Oracle USA, Inc. v. Rimini Street, Inc. (July 13, 2017), illustrates some of the risks third party software vendors run concerning copyright issues.
Friday, January 26, 2018
If you expect to receive a refund on your 2017 tax return, will you save or spend it? While you may be tempted to indulge, consider using the money to solidify your long-term financial position.
The 9th Circuit decision underscores the breadth of an insurer's duty to defend third-party claims in California — and the often-overlooked potential for coverage for so-called "wage and hour" claims under employment practices liability policies.
With the legalization of cannabis and many of its by-products in California, employers now must wrestle with another type of employee behavior: What can be done when an employee reports to work having recently used some form of cannabis?
The Constitution protects an adult's personal decision to engage in intimate, sexual activity with another adult, whether the intimacy is built on love or done in exchange for money.
Thursday, January 25, 2018
Only three states have statutes dedicated to protecting consumers' biometric information. Here's what California can learn.
Giant tech firms like Google spend a lot of money on political lobbying and are attempting to shape the public policy debate through support of a wide variety of think tanks and nonprofit groups.
With so much uncertainty surrounding employment-immigration laws, employers should be aware of a few best practices.
The state's top political figures—U.S. Sen. Dianne Feinstein in particular—received a harsh reminder this week that what plays in liberal California may be a liability elsewhere.
While California's anti-SLAPP statute has been in effect for 25 years, the courts continue to interpret and define its scope and contours.
Wednesday, January 24, 2018
Attorney General Xavier Becerra is imploring the U.S. Supreme Court to validate laws in California and other states requiring public employees who are not union members to nevertheless pay "agency fees" to unions.
Under the Tax Cuts and Job Act enacted last month, the ability to make miscellaneous itemized deductions — including for management fees for private investment funds — has been eliminated.
In 2017, California appellate courts issued several insurance-related decisions. Three are of particular significance.
Tuesday, January 23, 2018
The U.S. Supreme Court will decide whether the Securities and Exchange Commission's use of administrative law judges violates the Constitution, a question that implicates the accumulation of legislative, executive and judicial powers.
Collective bargaining for California's public employees may have been a questionable idea. But it's not going away and there's absolutely no reason why Capitol workers, except for a small cadre of senior staffers, should not have civil service status and unionization, if they wish.
Effective January 1, 2018, employers are subject to new state law requirements related to federal officials' access to employees and documents. Employers must carefully walk the line between complying with federal immigration law, and state law prohibiting "too much" cooperation.
The Securities and Exchange Commission's recent initial coin offering enforcement actions signal a new trend in securities enforcement activity that strongly suggests a regulatory solution is needed to address this fast-moving phenomenon.
The most striking aspect of the new tax law is the corporate tax rate reduction to 21 percent. What does this mean for us and for our clients? Who should take advantage of the new lower corporate tax rate?
The decision gave derivative lawsuit guidance involving review demand futility claims, the Braddock rule, and the applicability of Caremark in California courts.
Monday, January 22, 2018
Everybody agrees society is in a bad way, but what exactly is the main cause? It could be the failure of liberal democracy.
California is setting priorities for its role in monitoring the resolution of claims under the 14-year-old Private Attorneys General Act of 2004, adding to uncertainty over the law that lets employees sue employers for wage-and-hour violations on behalf of coworkers.
California case law provides guidance for starting construction or opening a business while litigation is pending.
Children in California's K-12 public school system trail badly in educational accomplishment.
Sheriff's Department and DA's office files are worthy of review and disclosure.
Friday, January 19, 2018
The nation's highest court heard oral argument for its second review of a case that arises over a specific and narrow job classification under the Fair Labor Standards Act, but the decision may send a broader signal as to whether the Trump administration and the new conservative-leaning Supreme Court will follow prior doctrine of construing federal overtime exemptions narrowly against employers.
If you experience an unexpected change in your employment status, review your financial situation and create a plan to help you feel more in control.
The Trump administration's first year was filled with controversy. But it was also a truly momentous year for the environment and environmental law, especially with respect to climate change.
Thursday, January 18, 2018
Trinity County Presiding Judge Elizabeth W. Johnson has agreed to resign as part of a settlement to resolve an investigation by the Commission on Judicial Performance into allegations that she lied to state investigators, among other claims.
The Federal Circuit just reversed itself in holding that patent owners can now appeal a decision by the Patent Trial and Appeal Board finding that a challenger's petition for inter partes review (IPR) is timely.
The Trump administration's first year was filled with controversy. But it was also a truly momentous year for the environment and environmental law, especially with respect to climate change.
Wednesday, January 17, 2018
Gov. Jerry Brown is concerned that the new federal tax overhaul encourages the few thousand Californians with the highest incomes, whose taxes allow Brown and other California politicians to spend tens of billions of dollars a year, to take their money elsewhere.
Tuesday, January 16, 2018
By adopting "Law enforcement sharing data," as policy, municipalities across the U.S., and California, have created a major constitutional confrontation, pitting the rights of states to govern their internal matters against the express powers of the federal government.
By adopting "Law enforcement sharing data," as policy, municipalities across the U.S., and California, have created a major constitutional confrontation, pitting the rights of states to govern their internal matters against the express powers of the federal government.
By adopting "Law enforcement sharing data," as policy, municipalities across the U.S., and California, have created a major constitutional confrontation, pitting the rights of states to govern their internal matters against the express powers of the federal government.
By adopting "Law enforcement sharing data," as policy, municipalities across the U.S., and California, have created a major constitutional confrontation, pitting the rights of states to govern their internal matters against the express powers of the federal government.
The U.S. District Court issued an opinion in TCL Communications v. Ericsson and determined Ericsson did not offer to license its standard essential patents on reasonable terms, and instead become only the fourth U.S. Court to determine a royalty rate for essential patents.
Friday, January 12, 2018
By adopting "Law enforcement sharing data," as policy, municipalities across the U.S., and California, have created a major constitutional confrontation, pitting the rights of states to govern their internal matters against the express powers of the federal government.
Purchasing a business comes with numerous financial considerations. There are steps to consider before signing on the dotted line.
By adopting "Law enforcement sharing data," as policy, municipalities across the U.S., and California, have created a major constitutional confrontation, pitting the rights of states to govern their internal matters against the express powers of the federal government.
By adopting "Law enforcement sharing data," as policy, municipalities across the U.S., and California, have created a major constitutional confrontation, pitting the rights of states to govern their internal matters against the express powers of the federal government.
Thursday, January 11, 2018
By adopting "Law enforcement sharing data," as policy, municipalities across the U.S., and California, have created a major constitutional confrontation, pitting the rights of states to govern their internal matters against the express powers of the federal government.
Summary of key updates to employment documents, notices and postings, policies and employee handbooks, internal processes, and training programs.
By adopting "Law enforcement sharing data," as policy, municipalities across the U.S., and California, have created a major constitutional confrontation, pitting the rights of states to govern their internal matters against the express powers of the federal government.
Wednesday, January 10, 2018
Hilarie Bass, president of the American Bar Association, told the Daily Journal she wants a probe into what kinds of testing makes better lawyers and also defends judge-vetting as nonpartisan.
By adopting "Law enforcement sharing data," as policy, municipalities across the U.S., and California, have created a major constitutional confrontation, pitting the rights of states to govern their internal matters against the express powers of the federal government.
By adopting "Law enforcement sharing data," as policy, municipalities across the U.S., and California, have created a major constitutional confrontation, pitting the rights of states to govern their internal matters against the express powers of the federal government.
Tuesday, January 9, 2018
hen you buy tickets to a big concert, a professional sports event or a hot Broadway play — on a scale of 1 to 10 — how would you rate the ticket-buying experience? Think about everything from the price to the availability of tickets to the transparency of the whole transaction. The public has almost no chance to buy good tickets to the best events.
Orrick partner Robert Benson started a nonprofit to help abandoned and orphaned children nearly 20 years ago.
Monday, January 8, 2018
Trademarks deemed vulgar are still protected by the First Amendment. | Intellectual Property Perspectives | By Josh Escovedo
Orrick partner Robert Benson started a nonprofit to help abandoned and orphaned children nearly 20 years ago.
Orrick partner Robert Benson started a nonprofit to help abandoned and orphaned children nearly 20 years ago.
Orrick partner Robert Benson started a nonprofit to help abandoned and orphaned children nearly 20 years ago.
Friday, January 5, 2018
Orrick partner Robert Benson started a nonprofit to help abandoned and orphaned children nearly 20 years ago.
Orrick partner Robert Benson started a nonprofit to help abandoned and orphaned children nearly 20 years ago.
Ways to stay motivated to achieve financial goals.
Thursday, January 4, 2018
Orrick partner Robert Benson started a nonprofit to help abandoned and orphaned children nearly 20 years ago.
Part 2 of a two-part series providing an overview of new California employment laws.
Orrick partner Robert Benson started a nonprofit to help abandoned and orphaned children nearly 20 years ago.
Wednesday, January 3, 2018
The mid-sized firm has expanded from its tax-focused roots to focus on infrastructure projects.
The mid-sized firm has expanded from its tax-focused roots to focus on infrastructure projects.
For years, an "Equity Coalition" of civil rights and education reform groups has battled the state's education establishment – state schools Superintendent Tom Torlakson, the state Board of Education and the California Teachers Association, most notably – over how the "achievement gap" should be addressed.
The mid-sized firm has expanded from its tax-focused roots to focus on infrastructure projects.
The mid-sized firm has expanded from its tax-focused roots to focus on infrastructure projects.
Tuesday, January 2, 2018
As a law student, Laura Donaldson took on the case of a 40-year-old man who was sentenced to life for his part in a murder as a minor.
The mid-sized firm has expanded from its tax-focused roots to focus on infrastructure projects.
Some studio lawyers insist that no third-party brands may be used under any circumstances without permission.
Friday, December 29, 2017
Saving for retirement should be a top financial priority. It's worth it to commit to saving today.
The mid-sized firm has expanded from its tax-focused roots to focus on infrastructure projects.
The mid-sized firm has expanded from its tax-focused roots to focus on infrastructure projects.
Thursday, December 28, 2017
A sharply divided state Supreme Court affirmed an appellate court ruling that will allow a lawsuit to go forward potentially holding a pharmaceutical company liable for the side effects of a generic form of a drug it invented.
Home for the holidays after passing the eighth-largest tax cut in U.S. history, Republicans could be forgiven for reveling in the warm embrace of nostalgia. Ronald Reagan's first State of the Union address promised the biggest tax cut ever to "expand our national prosperity, enlarge national incomes and increase opportunities for all Americans". Republicans are proving notably more reluctant to acknowledge the true impact of the tax changes that Reagan wrought.
A sharply divided state Supreme Court affirmed an appellate court ruling that will allow a lawsuit to go forward potentially holding a pharmaceutical company liable for the side effects of a generic form of a drug it invented.
Wednesday, December 27, 2017
The wisest course would be to restrain spending in the next state budget and squirrel away as much money as possible. However, the Legislature is dominated by liberal Democrats who fervently believe that more spending is a godly virtue.
A sharply divided state Supreme Court affirmed an appellate court ruling that will allow a lawsuit to go forward potentially holding a pharmaceutical company liable for the side effects of a generic form of a drug it invented.
A sharply divided state Supreme Court affirmed an appellate court ruling that will allow a lawsuit to go forward potentially holding a pharmaceutical company liable for the side effects of a generic form of a drug it invented.
Tuesday, December 26, 2017
A sharply divided state Supreme Court affirmed an appellate court ruling that will allow a lawsuit to go forward potentially holding a pharmaceutical company liable for the side effects of a generic form of a drug it invented.
Investors have increasingly turned to international stocks and bonds to diversify their portfolio over the long term. There are considerations to keep in mind.
A sharply divided state Supreme Court affirmed an appellate court ruling that will allow a lawsuit to go forward potentially holding a pharmaceutical company liable for the side effects of a generic form of a drug it invented.
Friday, December 22, 2017
A sharply divided state Supreme Court affirmed an appellate court ruling that will allow a lawsuit to go forward potentially holding a pharmaceutical company liable for the side effects of a generic form of a drug it invented.
Investors have increasingly turned to international stocks and bonds to diversify their portfolio over the long term. There are considerations to keep in mind.
A sharply divided state Supreme Court affirmed an appellate court ruling that will allow a lawsuit to go forward potentially holding a pharmaceutical company liable for the side effects of a generic form of a drug it invented.
Thursday, December 21, 2017
After selecting a strong trademark, there are many things a trademark owner can do to strengthen and protect a trademark but one of the essential things it must do is to force infringers to stop infringing.
With the resignation of Alex Kozinski, the 9th U.S. Circuit Court of Appeals has lost one of its most outspoken and colorful figures.
With the resignation of Alex Kozinski, the 9th U.S. Circuit Court of Appeals has lost one of its most outspoken and colorful figures.
With the resignation of Alex Kozinski, the 9th U.S. Circuit Court of Appeals has lost one of its most outspoken and colorful figures.
With the resignation of Alex Kozinski, the 9th U.S. Circuit Court of Appeals has lost one of its most outspoken and colorful figures.
Wednesday, December 20, 2017
With the resignation of Alex Kozinski, the 9th U.S. Circuit Court of Appeals has lost one of its most outspoken and colorful figures.
Making California the first state to guarantee health care for every resident has become a touchstone issue – and a divisive one – for the state's dominant Democrats. The state Assembly will take up – or possibly ignore – a universal health care bill that the Senate passed this year.
With the resignation of Alex Kozinski, the 9th U.S. Circuit Court of Appeals has lost one of its most outspoken and colorful figures.
Friday, December 15, 2017
California, which had led the nation in cracking down on crime in the 1980s and 1990s by locking up tens of thousands of felons, has dramatically reversed course in the last half-decade.
The holidays can be a wonderful time for families and friends to gather together, sharing memories and gifts. This season can also provide the opportunity to instill the value of giving to others in your child.
A megadeal is signaling that there may still be life after all in the American mall — especially the luxury version.
A megadeal is signaling that there may still be life after all in the American mall — especially the luxury version.
A megadeal is signaling that there may still be life after all in the American mall — especially the luxury version.
Thursday, December 14, 2017
A megadeal is signaling that there may still be life after all in the American mall — especially the luxury version.
A megadeal is signaling that there may still be life after all in the American mall — especially the luxury version.
Wednesday, December 13, 2017
The state's school systems are failing to produce enough graduates prepared to succeed in college. We need enough college-educated workers to replace retiring members of the baby-boom generation and keep us competitive in a global economy, and we need those graduates to be truly educated, not just shuffled through a system with lowered standards.
A megadeal is signaling that there may still be life after all in the American mall — especially the luxury version.
A megadeal is signaling that there may still be life after all in the American mall — especially the luxury version.
Monday, December 11, 2017
Nutanix Inc. hired Tyler E. Wall to be its new chief legal officer.
Nutanix Inc. hired Tyler E. Wall to be its new chief legal officer.
Friday, December 8, 2017
December is a great time to review your finances and get ready for a fresh start in the new year. Five key financial moves are worth reviewing before year end.
Nutanix Inc. hired Tyler E. Wall to be its new chief legal officer.
Nutanix Inc. hired Tyler E. Wall to be its new chief legal officer.
Thursday, December 7, 2017
There is no federal court jurisdiction for disputes involving patents where the claimant does not actually own the patents. The possibility that one might own a patent, if a contingent future event occurs, is not enough. This seems like an obvious rule, but it ended up before the Federal Circuit Court of Appeals.
Following four years of intense opposition, the California Law Review Commission has recommended changing a law to allow some communications in mediations to be admissible in court.
Following four years of intense opposition, the California Law Review Commission has recommended changing a law to allow some communications in mediations to be admissible in court.
Wednesday, December 6, 2017
Following four years of intense opposition, the California Law Review Commission has recommended changing a law to allow some communications in mediations to be admissible in court.
Following four years of intense opposition, the California Law Review Commission has recommended changing a law to allow some communications in mediations to be admissible in court.
Politicians ensnared in the harassment scandal can affect the Legislature's delicate balance of power.
Tuesday, December 5, 2017
A megadeal is signaling that there may still be life after all in the American mall — especially the luxury version.
A megadeal is signaling that there may still be life after all in the American mall — especially the luxury version.
Monday, December 4, 2017
A megadeal is signaling that there may still be life after all in the American mall — especially the luxury version.
Friday, December 1, 2017
Whether your children are getting ready for kindergarten or graduation, capitalizing on tax-saving opportunities can help make college a financial reality.
A megadeal is signaling that there may still be life after all in the American mall — especially the luxury version.
A megadeal is signaling that there may still be life after all in the American mall — especially the luxury version.
Thursday, November 30, 2017
Attorneys on both sides said the LA County ruling changes the landscape for employers in California who use on-call workers.
Although In Re Micron clarified waiver of venue under Rule 12(g)(2) and (h)(1)(A) in light of TC Heartland, there are still a number of issues that need to be worked out at the District Court level. And, it is likely there will be differing application across District Courts until more of these issues are worked out.
Attorneys on both sides said the LA County ruling changes the landscape for employers in California who use on-call workers.
Attorneys on both sides said the LA County ruling changes the landscape for employers in California who use on-call workers.
Wednesday, November 29, 2017
A megadeal is signaling that there may still be life after all in the American mall — especially the luxury version.
A megadeal is signaling that there may still be life after all in the American mall — especially the luxury version.
In a win for farm laborers, the state Supreme Court ruled Monday that agricultural employers cannot use a defense that a union "abandoned" contract talks for many years as grounds for the employer to avoid a contract imposed by a state agency.
With nothing politically to lose, Governor Jerry Brown has the freedom to do whatever he wants. He is asking the state Supreme Court to, in effect, make it easier for state and local governments to reduce benefits in public employee pensions.
In a win for farm laborers, the state Supreme Court ruled Monday that agricultural employers cannot use a defense that a union "abandoned" contract talks for many years as grounds for the employer to avoid a contract imposed by a state agency.
Tuesday, November 28, 2017
Irell & Manella LLP partner Andra B. Greene has turned her adorable dog Jack into an Instagram star.
Irell & Manella LLP partner Andra B. Greene has turned her adorable dog Jack into an Instagram star.
Court rules that "Zootopia" and "Looney" are not substantially related and dismissed copyright lawsuit.
Bowing to pressure from critical legislators, the State Bar finally agreed to divide its two incompatible roles of licensing (and policing) attorneys and acting as a trade association for the profession.
Monday, November 27, 2017
Irell & Manella LLP partner Andra B. Greene has turned her adorable dog Jack into an Instagram star.
Irell & Manella LLP partner Andra B. Greene has turned her adorable dog Jack into an Instagram star.
Employers must understand the legal parameters of obtaining and using criminal history.
Friday, November 24, 2017
Indigent defendants do not have a constitutional right to appointed counsel in an appeal in which their freedom is not directly under threat, according to an opinion by a 4th District Court of Appeal panel on Tuesday.
Indigent defendants do not have a constitutional right to appointed counsel in an appeal in which their freedom is not directly under threat, according to an opinion by a 4th District Court of Appeal panel on Tuesday.
If you experience an accident or injury, cost may be the least of your concerns initially. Yet, unexpected medical care has the potential to impact your financial situation in a big way. Before it does, take the time to prepare your strategy for dealing with surprise medical expenses.
Indigent defendants do not have a constitutional right to appointed counsel in an appeal in which their freedom is not directly under threat, according to an opinion by a 4th District Court of Appeal panel on Tuesday.
Wednesday, November 22, 2017
Distorting the language of a repeal ballot measure should not be allowed. We need to prevent it.
Distorting the language of a repeal ballot measure should not be allowed. We need to prevent it.
Distorting the language of a repeal ballot measure should not be allowed. We need to prevent it.
Monday, November 20, 2017
Upcoming tax season will be complex. Planning early with an accountant will save money and spare headaches.
The whistleblower act isn't the only area of the law in which the Legislature has demonstrated a "do as I say, not as I do" mentality. It is also present when it comes to publishing public records, having open meetings, and in observing out of state travel bans.
The whistleblower act isn't the only area of the law in which the Legislature has demonstrated a "do as I say, not as I do" mentality. It is also present when it comes to publishing public records, having open meetings, and in observing out of state travel bans.
Friday, November 17, 2017
The whistleblower act isn't the only area of the law in which the Legislature has demonstrated a "do as I say, not as I do" mentality. It is also present when it comes to publishing public records, having open meetings, and in observing out of state travel bans.
If you're a retiree who is tempted to travel in the off-season, think through the costs and logistics first.
The whistleblower act isn't the only area of the law in which the Legislature has demonstrated a "do as I say, not as I do" mentality. It is also present when it comes to publishing public records, having open meetings, and in observing out of state travel bans.
The whistleblower act isn't the only area of the law in which the Legislature has demonstrated a "do as I say, not as I do" mentality. It is also present when it comes to publishing public records, having open meetings, and in observing out of state travel bans.
Thursday, November 16, 2017
Gorilla Glue #4 pot strain may need to rebrand.
The future is now as the aviation industry embraces new technology.
Wednesday, November 15, 2017
Governor Jerry Brown is jetting around the world preaching the gospel of climate change, that everyone needs to reduce' emissions and change their lifestyles. Yet, he has a personal "carbon footprint" that's probably greater than 90 percent of Californians and 99 percent of the globe's population.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
Tuesday, November 14, 2017
Those without celiac-like symptoms may want to think harder before causally adopting a gluten-free lifestyle. Doing so may damage your bank account and make your social life far more complicated, without doing your body much good.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
Monday, November 13, 2017
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
Why has there been a decline in civic institution building? Political polarization has got to be a big culprit. The affluent have also been less entrepreneurial.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
Friday, November 10, 2017
If you wonder when, where, why or how to fulfill your retirement goals, you are not alone. Your dreams and financial situations are unique, and there is no one-size-fits-all retirement solution.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
Thursday, November 9, 2017
Amid a growing backlash, the Walt Disney Co. on Tuesday reversed its decision to bar The Los Angeles Times from press screenings of its movies following an investigation by the newspaper into the media giant's business dealings in Anaheim.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
The Unemployment Insurance Fund is a case study in political mismanagement.
The USPTO just issued a final rule for trial practice before the PTAB that explicitly protects communications between patent agents or foreign patent practitioners and their clients.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
Wednesday, November 8, 2017
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
An Irvine-based bank has agreed to a $17 million proposed settlement in a suit that accused it of deceiving investors about its lending practices, including risk level and monitoring of loans it issued.
There's no particular reason why rank-and-file legislative workers couldn't be civil servants, rather that serving, as they do now, as "at-will" employees who can be fired without warning by their political masters.
Tuesday, November 7, 2017
Criminal defense attorney Louis J. Shapiro has signed on for a second season as a legal consultant for the NBC comedy "Trial & Error."
Criminal defense attorney Louis J. Shapiro has signed on for a second season as a legal consultant for the NBC comedy "Trial & Error."
The Trump administration has proposed nearly tripling the entrance fees to select national parks, making it prohibitively expensive for many to enter.
Monday, November 6, 2017
Criminal defense attorney Louis J. Shapiro has signed on for a second season as a legal consultant for the NBC comedy "Trial & Error."
Several small, cash-strapped California school districts are using a loophole in state law to boost their revenue by overseeing a raft of far-flung charter schools, according to a recent report published by the state auditor.
Attorneys representing companies that are involved in the stock photography industry may want to revisit any applicable licensing agreements regarding stock photos to determine whether or not their client will have standing to pursue copyright infringement claims concerning the photos in their catalogues.
Attorneys representing companies that are involved in the stock photography industry may want to revisit any applicable licensing agreements regarding stock photos to determine whether or not their client will have standing to pursue copyright infringement claims concerning the photos in their catalogues.
Criminal defense attorney Louis J. Shapiro has signed on for a second season as a legal consultant for the NBC comedy "Trial & Error."
Friday, November 3, 2017
Several common mistakes made by financially accomplished people — along with a few tips to counteract them.
As Major League Baseball's post season reached a climactic finish, a baseball fight of a different nature is just heating up in the 9th U.S. Circuit Court of Appeals.
As Major League Baseball's post season reached a climactic finish, a baseball fight of a different nature is just heating up in the 9th U.S. Circuit Court of Appeals.
As Major League Baseball's post season reached a climactic finish, a baseball fight of a different nature is just heating up in the 9th U.S. Circuit Court of Appeals.
California authorities are confronting the opioid crisis with public education campaigns and local community coalitions.
Thursday, November 2, 2017
For a second time, the state attorney general's office is seeking to shut down a number of roving drug rehabilitation facilities linked to 46 deaths while operating illegally in Los Angeles over the past 15 years, according to a lawsuit.
As Major League Baseball's post season reached a climactic finish, a baseball fight of a different nature is just heating up in the 9th U.S. Circuit Court of Appeals.
As Major League Baseball's post season reached a climactic finish, a baseball fight of a different nature is just heating up in the 9th U.S. Circuit Court of Appeals.
It's no secret that the German economy is in great shape. Exports are through the roof. Another reason for the continuing resilience of the German economy is its highly collaborative labor unions.
Wednesday, November 1, 2017
Eric Garcetti won't be running for governor next year. He may be exploring a presidential run.
In a profession that is dominated by men, a group of successful female attorneys have learned that close professional and personal bonds are invaluable tools for a legal career. FANG, as the group is known, is ready to sharpen the teeth of a new generation of attorneys.
In a profession that is dominated by men, a group of successful female attorneys have learned that close professional and personal bonds are invaluable tools for a legal career. FANG, as the group is known, is ready to sharpen the teeth of a new generation of attorneys.
Tuesday, October 31, 2017
Students from Samford University Cumberland School of Law outlasted competitors from 16 other schools to claim the national civil litigation prize.
In a profession that is dominated by men, a group of successful female attorneys have learned that close professional and personal bonds are invaluable tools for a legal career. FANG, as the group is known, is ready to sharpen the teeth of a new generation of attorneys.
Students from Samford University Cumberland School of Law outlasted competitors from 16 other schools to claim the national civil litigation prize.
In a profession that is dominated by men, a group of successful female attorneys have learned that close professional and personal bonds are invaluable tools for a legal career. FANG, as the group is known, is ready to sharpen the teeth of a new generation of attorneys.
In a profession that is dominated by men, a group of successful female attorneys have learned that close professional and personal bonds are invaluable tools for a legal career. FANG, as the group is known, is ready to sharpen the teeth of a new generation of attorneys.
Shawn Lesser, a co-founder of Big Path Capital, an investment bank focused on impact investments, which seek social as well as financial returns, said interest in agriculture has surpassed that of clean energy and affordable housing.
In a profession that is dominated by men, a group of successful female attorneys have learned that close professional and personal bonds are invaluable tools for a legal career. FANG, as the group is known, is ready to sharpen the teeth of a new generation of attorneys.
Monday, October 30, 2017
Student loan forgiveness is getting more complicated. One example shows how it can become a nightmare.
Stakeholders gathered in La Jolla to discuss California coastal law.
Friday, October 27, 2017
Under existing law, cities and counties must adopt and regularly update a Housing Element as part of their general plan.
Financial considerations to keep in mind if retirement includes earning an income.
A judge approved a $9.75 million settlement between 123,000 people who signed up for state-run, long-term care insurance and the program's former actuarial consultant.
A judge approved a $9.75 million settlement between 123,000 people who signed up for state-run, long-term care insurance and the program's former actuarial consultant.
A judge approved a $9.75 million settlement between 123,000 people who signed up for state-run, long-term care insurance and the program's former actuarial consultant.
The problem of huge gaps between black student's reading and math scores and those of their white peers in San Francisco is severe. State education officials say schools must work diligently to close those gaps.
A judge approved a $9.75 million settlement between 123,000 people who signed up for state-run, long-term care insurance and the program's former actuarial consultant.
Thursday, October 26, 2017
The $223,500 award will fund additional staff for the Loyola Law School initiative.
Allergan case brings up questions about sovereign immunity.
The $223,500 award will fund additional staff for the Loyola Law School initiative.
Wednesday, October 25, 2017
In a $120 multi-state settlement over the failure to disclose safety issues, California will get $7 million from General Motors Company.
New gun laws enhanced California's status of having the nation's tightest restrictions on the purchase and use of firearms. However, what politicians and voters wrought last year didn't really cut down on the number of guns.
In a $120 multi-state settlement over the failure to disclose safety issues, California will get $7 million from General Motors Company.
Tuesday, October 24, 2017
Daimler AG, the German automotive corporation which owns Mercedes-Benz, filed a complaint Friday for trademark infringement against Amazon.com Inc. in the Central District of California.
Daimler AG, the German automotive corporation which owns Mercedes-Benz, filed a complaint Friday for trademark infringement against Amazon.com Inc. in the Central District of California.
Employers may be wary of their employees' social media posts, particularly when employees identify their employers in their profiles, or comment about their bosses or companies.
Daimler AG, the German automotive corporation which owns Mercedes-Benz, filed a complaint Friday for trademark infringement against Amazon.com Inc. in the Central District of California.
Daimler AG, the German automotive corporation which owns Mercedes-Benz, filed a complaint Friday for trademark infringement against Amazon.com Inc. in the Central District of California.
Monday, October 23, 2017
The NFL player's attorney alluded to a "smoking gun," which attorneys say he'll need.
Paying for college is complex. Legislation aims at making it easier.
The NFL player's attorney alluded to a "smoking gun," which attorneys say he'll need.
Friday, October 20, 2017
Court grants motion to dismiss on the grounds that it lacked personal jurisdiction over the defendant in a case involving the enforceability of noncompetition and nonsolicitation provisions in a stockholders' agreement.
Changes in business practices and developing privacy law may mean that more companies will see share prices fall in the wake of cybersecurity incidents. The government increasingly scrutinizes how those companies and their officials respond.
Court grants motion to dismiss on the grounds that it lacked personal jurisdiction over the defendant in a case involving the enforceability of noncompetition and nonsolicitation provisions in a stockholders' agreement.
Some tips to guide support for disaster relief so that generosity helps rather than hinders relief efforts.
Changes in business practices and developing privacy law may mean that more companies will see share prices fall in the wake of cybersecurity incidents. The government increasingly scrutinizes how those companies and their officials respond.
Thursday, October 19, 2017
Allergan's Restasis patents invalidated by a Federal District Court even after transfer to Native American tribe and sovereign immunity claim.
The trial was the venue for a tense family reunion between father and son.
The trial was the venue for a tense family reunion between father and son.
The trial was the venue for a tense family reunion between father and son.
The trial was the venue for a tense family reunion between father and son.
The trial was the venue for a tense family reunion between father and son.
Wednesday, October 18, 2017
Mindbody legal chief Lytikainen wants outside counsel to have a specific purpose.
Mindbody legal chief Lytikainen wants outside counsel to have a specific purpose.
Democrats have three dozen Senate seats up next year, will be financially stretched to defend the most vulnerable and have been counting on big bucks from California's wealthy liberals, particularly those in entertainment and high-tech, to meet fundraising goals. Kevin de León's bold – or cheeky – challenge to Feinstein guarantees that heavy money will be raised and spent in California next year. And it could get even more expensive if billionaire Tom Steyer also jumps into the Senate race.
Mindbody legal chief Lytikainen wants outside counsel to have a specific purpose.
Tuesday, October 17, 2017
Larry Summers served as U.S. Treasury secretary under President Bill Clinton, and as the director of the National Economic Council in the Obama administration. He has also served as the chief economist of the World Bank and as the president of Harvard, where he now teaches. More recently, Summers has emerged as a particularly virulent critic of the Trump administration.
Mindbody legal chief Lytikainen wants outside counsel to have a specific purpose.
Mindbody legal chief Lytikainen wants outside counsel to have a specific purpose.
Monday, October 16, 2017
Mindbody legal chief Lytikainen wants outside counsel to have a specific purpose.
Google May be a Verb, but Verb Use Alone Does Not Constitute Genericness
Mindbody legal chief Lytikainen wants outside counsel to have a specific purpose.
Friday, October 13, 2017
A security guard whose spine was severely injured in a fall at a Loyola Marymount University construction site was awarded $16.3 million by a Los Angeles County jury, although the final payout is expected to be lower.
Consider creating a financial emergency plan for unwelcome weather events.
Mindbody legal chief Lytikainen wants outside counsel to have a specific purpose.
Mindbody legal chief Lytikainen wants outside counsel to have a specific purpose.
Thursday, October 12, 2017
Greenberg Traurig LLP has launched a land use and development team in its LA office with the addition of shareholders Ellen Berkowitz and Brady McShane.
Greenberg Traurig LLP has launched a land use and development team in its LA office with the addition of shareholders Ellen Berkowitz and Brady McShane.
Wednesday, October 11, 2017
Dianne Feinstein announced on Twitter Monday morning that she'll seek another U.S. Senate term next year.
After failing last year to prevent a new law requiring massive cuts to greenhouse gas emissions, the oil industry came back this year lobbying hard.
After failing last year to prevent a new law requiring massive cuts to greenhouse gas emissions, the oil industry came back this year lobbying hard.
After failing last year to prevent a new law requiring massive cuts to greenhouse gas emissions, the oil industry came back this year lobbying hard.
Tuesday, October 10, 2017
Virtually every major developed and emerging economy is growing simultaneously, the first time this has happened in 10 years. Since the 2008 crisis, central banks have accumulated more than $14 trillion in assets. What happens when the central banks all start to sell?
The U.S. Department of Justice announced a $200,000 settlement Friday with two Southern California-based staffing companies over their practice of illegally requiring immigrant employees to repeatedly prove their work authorization.
The U.S. Department of Justice announced a $200,000 settlement Friday with two Southern California-based staffing companies over their practice of illegally requiring immigrant employees to repeatedly prove their work authorization.
Monday, October 9, 2017
The U.S. Department of Justice announced a $200,000 settlement Friday with two Southern California-based staffing companies over their practice of illegally requiring immigrant employees to repeatedly prove their work authorization.
The U.S. Department of Justice announced a $200,000 settlement Friday with two Southern California-based staffing companies over their practice of illegally requiring immigrant employees to repeatedly prove their work authorization.
We expect trustees' sales to be handled efficiently and, of course, legally so that all parties to a non-judicial foreclosure are satisfied that each part of the process has been handled correctly. Divergent interests of all parties to such sales can result in some pretty unsavory activities.
Friday, October 6, 2017
A Los Angeles County judge's bid to overturn his admonishment by the Commission on Judicial Performance ended this week after the U.S. Supreme Court denied his petition for writ of certiorari.
A Los Angeles County judge's bid to overturn his admonishment by the Commission on Judicial Performance ended this week after the U.S. Supreme Court denied his petition for writ of certiorari.
Since health care priorities are likely to change over time, it might be beneficial to review and make alterations to how you structure your Medicare solution.
Thursday, October 5, 2017
Supreme Court ruling clarified that personal jurisdiction alone does not convey venue for patent cases under the patent venue statute. But that clarification led to confusion as to how to interpret the venue statute itself. The Federal Circuit just addressed that confusion.
Supreme Court ruling clarified that personal jurisdiction alone does not convey venue for patent cases under the patent venue statute. But that clarification led to confusion as to how to interpret the venue statute itself. The Federal Circuit just addressed that confusion.
Supreme Court ruling clarified that personal jurisdiction alone does not convey venue for patent cases under the patent venue statute. But that clarification led to confusion as to how to interpret the venue statute itself. The Federal Circuit just addressed that confusion.
Supreme Court ruling clarified that personal jurisdiction alone does not convey venue for patent cases under the patent venue statute. But that clarification led to confusion as to how to interpret the venue statute itself. The Federal Circuit just addressed that confusion.
Wednesday, October 4, 2017
Richard Levy, GC for ICM Partners, relies on a network of firms to resolve challenges.
Richard Levy, GC for ICM Partners, relies on a network of firms to resolve challenges.
Jeffrey Katzenberg, the longtime Hollywood executive and co-founder of DreamWorks Animation, is trying to raise $2 billion for his new television start-up which could upend the format of television for mobile devices.
Tuesday, October 3, 2017
Most of the money is to go to Ceradyne shareholders, who alleged that the company's board of directors breached their fiduciary duties by intentionally disregarding Ceradyne's "intrinsic worth" and selling it to 3M "for a knowingly unfair price."
Most of the money is to go to Ceradyne shareholders, who alleged that the company's board of directors breached their fiduciary duties by intentionally disregarding Ceradyne's "intrinsic worth" and selling it to 3M "for a knowingly unfair price."
Relevant research generally shows that linguistic diversity has a "negative impact" on economic growth. But whatever its inconvenience, the immense variety of human language is a beautiful thing in its own right.
Most of the money is to go to Ceradyne shareholders, who alleged that the company's board of directors breached their fiduciary duties by intentionally disregarding Ceradyne's "intrinsic worth" and selling it to 3M "for a knowingly unfair price."
Most of the money is to go to Ceradyne shareholders, who alleged that the company's board of directors breached their fiduciary duties by intentionally disregarding Ceradyne's "intrinsic worth" and selling it to 3M "for a knowingly unfair price."
Most of the money is to go to Ceradyne shareholders, who alleged that the company's board of directors breached their fiduciary duties by intentionally disregarding Ceradyne's "intrinsic worth" and selling it to 3M "for a knowingly unfair price."
Most of the money is to go to Ceradyne shareholders, who alleged that the company's board of directors breached their fiduciary duties by intentionally disregarding Ceradyne's "intrinsic worth" and selling it to 3M "for a knowingly unfair price."
Monday, October 2, 2017
The woman, who said she is a law school dropout, appeared in federal court Thursday on mail fraud and identity theft charges.
Buying a property at the trustees' sale takes a bit of patience and acceptance. Sometimes the high bidder at a sale does everything right but doesn't get the chosen property even after the offer is made and accepted.
The woman, who said she is a law school dropout, appeared in federal court Thursday on mail fraud and identity theft charges.
The woman, who said she is a law school dropout, appeared in federal court Thursday on mail fraud and identity theft charges.
The woman, who said she is a law school dropout, appeared in federal court Thursday on mail fraud and identity theft charges.
Friday, September 29, 2017
Some of fast-food's biggest names prohibit franchisees from hiring workers away from one another, But two lawsuits filed this year contend that such no-hire rules violate antitrust and labor laws.
Some of fast-food's biggest names prohibit franchisees from hiring workers away from one another, But two lawsuits filed this year contend that such no-hire rules violate antitrust and labor laws.
Some of fast-food's biggest names prohibit franchisees from hiring workers away from one another, But two lawsuits filed this year contend that such no-hire rules violate antitrust and labor laws.
Stock market strategists and analysts are suggesting that we could see some market volatility in the months ahead.
Thursday, September 28, 2017
Conservation groups have agreed to withdraw litigation opposing the creation of a new city in one of the last undeveloped areas in Los Angeles County after developers agreed to leave several thousand acres of land untouched and spend $25 million to mitigate the development's impact on endangered species.
Conservation groups have agreed to withdraw litigation opposing the creation of a new city in one of the last undeveloped areas in Los Angeles County after developers agreed to leave several thousand acres of land untouched and spend $25 million to mitigate the development's impact on endangered species.
Conservation groups have agreed to withdraw litigation opposing the creation of a new city in one of the last undeveloped areas in Los Angeles County after developers agreed to leave several thousand acres of land untouched and spend $25 million to mitigate the development's impact on endangered species.
Conservation groups have agreed to withdraw litigation opposing the creation of a new city in one of the last undeveloped areas in Los Angeles County after developers agreed to leave several thousand acres of land untouched and spend $25 million to mitigate the development's impact on endangered species.
Conservation groups have agreed to withdraw litigation opposing the creation of a new city in one of the last undeveloped areas in Los Angeles County after developers agreed to leave several thousand acres of land untouched and spend $25 million to mitigate the development's impact on endangered species.
Wednesday, September 27, 2017
The father-daughter team at Lallande Law brings different views to personal injury cases.
The scores of carmakers, startups and Silicon Valley giants now working on autonomous technology are acutely aware that it won't matter how exceptional their cars are if people are scared to ride in them, or be near them.
The father-daughter team at Lallande Law brings different views to personal injury cases.
Tuesday, September 26, 2017
A federal judge gave preliminary approval to an $80 million class action settlement between Mercedes-Benz and plaintiffs who were burned by defective seat heaters in certain SUVs.
A federal judge gave preliminary approval to an $80 million class action settlement between Mercedes-Benz and plaintiffs who were burned by defective seat heaters in certain SUVs.
Monday, September 25, 2017
A federal judge gave preliminary approval to an $80 million class action settlement between Mercedes-Benz and plaintiffs who were burned by defective seat heaters in certain SUVs.
A federal judge gave preliminary approval to an $80 million class action settlement between Mercedes-Benz and plaintiffs who were burned by defective seat heaters in certain SUVs.
A federal judge gave preliminary approval to an $80 million class action settlement between Mercedes-Benz and plaintiffs who were burned by defective seat heaters in certain SUVs.
Friday, September 22, 2017
California Attorney General Xavier Becerra sued the Trump administration Wednesday over its plan to begin constructing a portion of a proposed U.S.-Mexico border wall in San Diego and Imperial counties.
California Attorney General Xavier Becerra sued the Trump administration Wednesday over its plan to begin constructing a portion of a proposed U.S.-Mexico border wall in San Diego and Imperial counties.
Overcoming the challenge of paying for higher education starts with a plan. Understanding the real costs of college tuition and fees helps you craft an effective strategy to reach your financial goal.
Thursday, September 21, 2017
The Federal Circuit Court of Appeals made it very clear that during patent prosecution, the burden of proving patentability lies with the PTO examiner.
The Federal Circuit Court of Appeals made it very clear that during patent prosecution, the burden of proving patentability lies with the PTO examiner.
The Federal Circuit Court of Appeals made it very clear that during patent prosecution, the burden of proving patentability lies with the PTO examiner.
Wednesday, September 20, 2017
The authors of "Unequal: How America's Courts Undermine Discrimination Law," explain why individual cases alleging disparate treatment, harassment or retaliation on the basis of sex, race or other protected status so often come to grief in federal court.
Public stock markets are fundamentally broken. Now, a series of entrepreneurs are emerging with some novel ways to fix the problem.
The authors of "Unequal: How America's Courts Undermine Discrimination Law," explain why individual cases alleging disparate treatment, harassment or retaliation on the basis of sex, race or other protected status so often come to grief in federal court.
Tuesday, September 19, 2017
The military contractor Northrop Grumman said Monday that it would buy Orbital ATK, a maker of components for missiles and satellites, for about $7.8 billion in cash.
The authors of "Unequal: How America's Courts Undermine Discrimination Law," explain why individual cases alleging disparate treatment, harassment or retaliation on the basis of sex, race or other protected status so often come to grief in federal court.
Stephen Dubner recently chatted with Urschel about how he managed to hold down an NFL career while secretly studying full time at the Massachusetts Institute of Technology, and whether the NFL will survive the CTE controversy.
The authors of "Unequal: How America's Courts Undermine Discrimination Law," explain why individual cases alleging disparate treatment, harassment or retaliation on the basis of sex, race or other protected status so often come to grief in federal court.
The authors of "Unequal: How America's Courts Undermine Discrimination Law," explain why individual cases alleging disparate treatment, harassment or retaliation on the basis of sex, race or other protected status so often come to grief in federal court.
Monday, September 18, 2017
Trademark dispute between multinational conglomerate and restaurant could get interesting.
The authors of "Unequal: How America's Courts Undermine Discrimination Law," explain why individual cases alleging disparate treatment, harassment or retaliation on the basis of sex, race or other protected status so often come to grief in federal court.
The authors of "Unequal: How America's Courts Undermine Discrimination Law," explain why individual cases alleging disparate treatment, harassment or retaliation on the basis of sex, race or other protected status so often come to grief in federal court.
Friday, September 15, 2017
The settlement reached between PETA and a nature photographer ends the famed "monkey selfie" case
The settlement reached between PETA and a nature photographer ends the famed "monkey selfie" case
there are steps you can take to help ensure your child with special needs has sufficient financial resources along with a dedicated support system.
The settlement reached between PETA and a nature photographer ends the famed "monkey selfie" case
Thursday, September 14, 2017
The settlement reached between PETA and a nature photographer ends the famed "monkey selfie" case
The settlement reached between PETA and a nature photographer ends the famed "monkey selfie" case
No summary was provided
Wednesday, September 13, 2017
A judge has granted summary judgment to the owners and operators of Grand Central Market in downtown Los Angeles.
A judge has granted summary judgment to the owners and operators of Grand Central Market in downtown Los Angeles.
Tuesday, September 12, 2017
The concept of judicial independence has been in the news a lot lately. But seldom do people ask, independent from what, and who decides?
In light of recent U.S. Supreme Court rulings, the plaintiffs' bar will have to adapt its approach to national mass actions.
Topic: California is one of the states which permit non-judicial foreclosure. This process has minimized the time between the delinquency of the borrower and the lender's right to sell the property if loan payments are not made as agreed in the promissory note.
In light of recent U.S. Supreme Court rulings, the plaintiffs' bar will have to adapt its approach to national mass actions.
Topic: California is one of the states which permit non-judicial foreclosure. This process has minimized the time between the delinquency of the borrower and the lender's right to sell the property if loan payments are not made as agreed in the promissory note.
The concept of judicial independence has been in the news a lot lately. But seldom do people ask, independent from what, and who decides?
Monday, September 11, 2017
Review a new ruling dealing with when an insurer breaches its duty to defend an additional insured.
Index funds and exchange-traded funds are designed to match or track a stock market index, such as the Standard & Poor's 500 Index. They can be bought very cheaply. And in recent years, a lot of people have been buying them. And this is reshaping Wall Street.
Index funds and exchange-traded funds are designed to match or track a stock market index, such as the Standard & Poor's 500 Index. They can be bought very cheaply. And in recent years, a lot of people have been buying them. And this is reshaping Wall Street.
Review a new ruling dealing with when an insurer breaches its duty to defend an additional insured.
Friday, September 8, 2017
Choosing the right name for your company from a branding perspective is important. Equally important, however, is avoiding a name that is not protectable, or that causes unexpected issues down the road.
Court Denies Plaintiff's Motion to Disqualify its Former Counsel as Counsel for Defendant in a Patent Litigation Action After Plaintiff Delayed Filing its Disqualification Motion for Over A Year After Discovering the Conflict.
The California Court of Appeal recently affirmed in part a punitive damages award arising out of an insurer's bad faith in refusing to defend a developer/
Time will tell what a recent state high court decision means for local taxation. But it appears to make it easier to pass local taxes, and that is not something California voters want to happen.
Thursday, September 7, 2017
Lawmakers in the House took a major step Wednesday toward advancing the development of driverless cars, approving legislation that would put the vehicles onto public roads more quickly and curb states from slowing their spread.
By eliminating DACA Trump is giving Congress a historic opportunity for immigration reform. This is a chance for lawmakers to enact more profound immigration reform that is fair, enforceable and lives up to the nation's ideals.
While fully autonomous "level 5" vehicles are still some time out, scores of automakers are already introducing level 2 (partial driving automation) and level 3 (conditional driving automations) vehicles to the consuming public.
Wednesday, September 6, 2017
"Rogue travelers" — those who book on their own. They are used to searching for the best fares, staying in unusual places and collecting reward points. Yet companies want to control travel costs.
Tuesday, September 5, 2017
Today, the smartest military men count the global insecurity and chaos of climate change as an existential threat on a par with nuclear disaster.
Friday, September 1, 2017
UCLA School of Law alumnus A. Barry Cappello has donated $1 million to his alma mater to overhaul its trial advocacy program.
UCLA School of Law alumnus A. Barry Cappello has donated $1 million to his alma mater to overhaul its trial advocacy program.
UCLA School of Law alumnus A. Barry Cappello has donated $1 million to his alma mater to overhaul its trial advocacy program.
UCLA School of Law alumnus A. Barry Cappello has donated $1 million to his alma mater to overhaul its trial advocacy program.
Americans need to reconnect with our ancient ideals and reconnect with the land.
Thursday, August 31, 2017
As with many political matters these days, it is unclear whether Trump and Putin will work out the adoption issue anytime soon, or whether the two frienemies have even truly discussed the subject. Either way, we should be careful what we ask for.
It is a shame when courts have the opportunity to shed light on a confusing body of law and, instead, only add to the confusion. Yet, that is what the California courts have done recently with respect to regulatory takings.
Some of the most common misconceptions or myths about patents.
When the president issues a pardon for criminal contempt of court, he is interfering with the ability of another branch of government to perform its constitutional duties.
As with many political matters these days, it is unclear whether Trump and Putin will work out the adoption issue anytime soon, or whether the two frienemies have even truly discussed the subject. Either way, we should be careful what we ask for.
Wednesday, August 30, 2017
A San Bernardino County jury acquitted three of four defendants of all bribery charges on Monday, concluding a seven-month trial after just five hours of deliberation.
A San Bernardino County jury acquitted three of four defendants of all bribery charges on Monday, concluding a seven-month trial after just five hours of deliberation.
Tuesday, August 29, 2017
An appellate court has denied a plaintiff's petition to overturn an order striking his motion to disqualify the trial judge from his case, claiming bias.
Monday, August 28, 2017
No summary was provided
The first and second articles in this three-part series addressed the scope of the rising cybersecurity problem and some of the common mistakes that law firms make in addressing the problem.
It's never a bad time to prepare, of course, but it turns out that fall is an ideal time for law firms to make this assessment. Fall is frequently the time when partners begin to analyze their year so far, and to decide whether a move may be necessary.
It's never a bad time to prepare, of course, but it turns out that fall is an ideal time for law firms to make this assessment. Fall is frequently the time when partners begin to analyze their year so far, and to decide whether a move may be necessary.
It's never a bad time to prepare, of course, but it turns out that fall is an ideal time for law firms to make this assessment. Fall is frequently the time when partners begin to analyze their year so far, and to decide whether a move may be necessary.
Friday, August 25, 2017
A prominent Republican lawyer has signed on to represent an employee fired for writing a memo criticizing Google Inc.'s gender diversity policy, and she said she is outraged other plaintiff lawyers did not come forward to take the case.
Whether this Roundup ingredient should be listed as a carcinogen is just the beginning. Next comes 'natural' labeling suits.
Engaged couples should make good financial communication a priority.
Thursday, August 24, 2017
California has taken up the baton for now-jettisoned Obama administration initiatives in several areas, including climate change, immigration, and most recently, wage and hour protections.
There's a disconnect between California's trademark statutes and the laws governing legal cannabis use.
Court interpreters in 12 Bay Area counties are at a breaking point. After a year of negotiations and months of intensifying work actions, staff interpreters must now decide whether to strike or accept another three years of anemic wage growth.
This might seem obvious. However, a recent California Supreme Court ruling shows how a simple failure of proof can play out.
Court interpreters in 12 Bay Area counties are at a breaking point. After a year of negotiations and months of intensifying work actions, staff interpreters must now decide whether to strike or accept another three years of anemic wage growth.
Wednesday, August 23, 2017
A defense attorney accused the state of manipulating drug-addled witnesses and pursuing "a case that should have never been brought" during his closing arguments defending a Rancho Cucamonga developer accused of arranging bribes to county officials.
A defense attorney accused the state of manipulating drug-addled witnesses and pursuing "a case that should have never been brought" during his closing arguments defending a Rancho Cucamonga developer accused of arranging bribes to county officials.
A defense attorney accused the state of manipulating drug-addled witnesses and pursuing "a case that should have never been brought" during his closing arguments defending a Rancho Cucamonga developer accused of arranging bribes to county officials.
A defense attorney accused the state of manipulating drug-addled witnesses and pursuing "a case that should have never been brought" during his closing arguments defending a Rancho Cucamonga developer accused of arranging bribes to county officials.
No summary was provided
Tuesday, August 22, 2017
Whether you win or lose, you'll want to think about what should be included in the Statement of Decision.
There a several reasons for each of us in legal education and in the profession to broaden our own perspectives and evaluations of who are legal heroes.
The bad news: Roughly 70% of Americans are financially illiterate. The good news: All the important stuff about managing your money can fit on one index card.
We disagree that Senate Bill 36, which will change the structure of the bar and how its trustees are selected, is something to celebrate.
Monday, August 21, 2017
Some good properties can become available when a homeowner becomes unable to meet a commitment on one or more loans secured by a property.
The 9th U.S. Circuit Court of Appeals has asked the California Supreme Court to decide whether an employee's time spent waiting for a security check constitutes "hours worked" even if the employee has clocked out.
Notice and consent are a basic concept in contracts, but they may be missing when it comes to IoT devices that gather data from the surrounding environment.
Friday, August 18, 2017
Book explores the possibility that Americans have been self-selecting since the 1970s into like-minded communities that are less likely to hold competitive elections. Paul Chabot has started a business on that premise.
Checklist can help organize your finances following the death of a spouse.
Book explores the possibility that Americans have been self-selecting since the 1970s into like-minded communities that are less likely to hold competitive elections. Paul Chabot has started a business on that premise.
Book explores the possibility that Americans have been self-selecting since the 1970s into like-minded communities that are less likely to hold competitive elections. Paul Chabot has started a business on that premise.
Book explores the possibility that Americans have been self-selecting since the 1970s into like-minded communities that are less likely to hold competitive elections. Paul Chabot has started a business on that premise.
Thursday, August 17, 2017
A federal judge said she was reluctant to use "the nuclear option" and grant terminating sanctions against a whistleblower complaint, but she strongly hinted throughout a hearing on Tuesday that this extreme measure might be warranted given the scale of misconduct by the relators.
A federal judge said she was reluctant to use "the nuclear option" and grant terminating sanctions against a whistleblower complaint, but she strongly hinted throughout a hearing on Tuesday that this extreme measure might be warranted given the scale of misconduct by the relators.
A few of the most common aspects of patent law that are misunderstood.
Wednesday, August 16, 2017
Speakers argued there is no evidence of benefits from the state's high standard.
Speakers argued there is no evidence of benefits from the state's high standard.
No summary was provided
Speakers argued there is no evidence of benefits from the state's high standard.
Speakers argued there is no evidence of benefits from the state's high standard.
Tuesday, August 15, 2017
A trade secret lawsuit found to be in bad faith does not necessarily create malicious prosecution liability for the lawyer who brought the case, the state Supreme Court ruled Thursday.
Monday, August 14, 2017
A Newport law firm accused of paying people to use their names in class action lawsuits scored a victory in its ongoing litigation with a supplement manufacturer after a federal judge ordered the company to produce potentially embarrassing information about its homeopathic remedies.
A Newport law firm accused of paying people to use their names in class action lawsuits scored a victory in its ongoing litigation with a supplement manufacturer after a federal judge ordered the company to produce potentially embarrassing information about its homeopathic remedies.
"Reverse confusion" happens when a customer believing they were doing business with a defendant actually ends up doing business with the plaintiff. Ninth Circuit holds that "reverse confusion" need not be pled with specificity
Friday, August 11, 2017
A Newport law firm accused of paying people to use their names in class action lawsuits scored a victory in its ongoing litigation with a supplement manufacturer after a federal judge ordered the company to produce potentially embarrassing information about its homeopathic remedies.
A Newport law firm accused of paying people to use their names in class action lawsuits scored a victory in its ongoing litigation with a supplement manufacturer after a federal judge ordered the company to produce potentially embarrassing information about its homeopathic remedies.
Financial conversations between siblings become inevitable, as brothers and sisters manage their parents' money matters, including estate planning, healthcare, retirement income and wills.
Thursday, August 10, 2017
Attorneys for a medical device manufacturer argued that two former employees suing the company improperly included several documents in their amended complaint that are protected under the work product doctrine.
Silicon Valley's politics have long skewed left, with a free-markets philosophy and a dash of libertarianism. But that goes only so far, with recent episodes putting the tech industry under the microscope for how it penalizes people for expressing dissenting opinions.
Wednesday, August 9, 2017
No summary was provided
An elite class of event planners based in Los Angeles whose services are commissioned by the rich and famous, don't court much press attention and don't often promote their work on social media.
An elite class of event planners based in Los Angeles whose services are commissioned by the rich and famous, don't court much press attention and don't often promote their work on social media.
Tuesday, August 8, 2017
California has far more electric cars and plug-in hybrids plying its roads than any other state -- about 300,000 so far. But they're still just a tiny fraction of auto sales.
It's up to you, the trial attorney, to make sure that your appellate lawyer gets a record that allows him to preserve your victory or overturn your loss.
I was at a dinner party at a friend's palatial mansion. There on the wall of the living room was Van Gogh's "Vase with Fifteen Sunflowers." I said to him, "You must have paid a fortune to the Van Gogh museum in Amsterdam." He replied with the nonchalance of the well-to-do, "It's a fake.
Monday, August 7, 2017
Residential homeowners in California feel they have been singled out by creditors who are using unscrupulous loop-holes in laws to extract unwarranted expenses especially through foreclosures on onerous and burdensome loans. Some county offices are proactively finding ways to alleviate the financial problems of many who suffer when property values plummet.
The extension of the cap-and-trade program is a major milestone for the state's greenhouse gas reduction program. However, it leaves some important issues unanswered.
Can the Supreme Court issue an opinion that no later Supreme Court could reverse? Can Congress enact a law that no later Congress could ever repeal? The answer is no.
Friday, August 4, 2017
While U.S. VC activity appears to be in the middle of a self-correction period, the German venture market almost doubled in the first two quarters of 2017 compared with the same period in 2016.
In June, the Brewers Association — a nonprofit trade association representing the craft beer industry — launched a new "Independent Craft" seal, available for free use by any brewery meeting certain criteria.
It helps to have a payroll company to ensure that your payroll taxes get pain — that is, until the payroll company itself starts stealing the money.
In the fast-paced, high stakes startup environment in California, a company's legal needs may seem a nuisance and not get the attention they deserve.
Protect your business against risks. What you need to know about business insurance.
Thursday, August 3, 2017
The state agencies responsible for issuing licenses spent the past several months convening public hearings and accepting written public comments on how to best implement the state's medical cannabis regulations.
Oftentimes, solo attorneys are faced with a difficult task of practicing law, managing a business, while continually promoting and marketing your practice.
Summertime brings unique patent opportunities
Many businesses, especially those in the tech sector, spend a great deal of time and money obtaining patents to protect their innovations. Unfortunately, some of those same businesses fail to devote an equivalent level of resources to protecting their trade secrets — that is, until their trade secrets are stolen.
Wednesday, August 2, 2017
Repeated Discovery Failures and Abusive Litigation Tactics Warrant Terminating Sanctions, Treble Damages, Attorney Fees and Permanent Injunction Against Defendant In Patent Litigation Case.
Five plaintiffs that use medical cannabis to treat their ailments, recently filed suit to remove marijuana from its Schedule I status under the federal Controlled Substances Act.
On July 27, House Republicans unveiled a bill, the Save Local Business Act (H.R. 3441), that would amend two labor and employment statutes to clarify when an entity can be deemed a "joint employer."
Monday, July 31, 2017
Does it violate the First Amendment for the state of California to force merchants who charge more to customers paying with credit cards to refer to that price difference as a "cash discount" rather than a "credit-card surcharge"? The 9th Circuit will consider this on August 17.
Prosecutors, individuals accused of crimes, and all Californians would be better served by making it clear that a prosecutor's ethical duty requires the disclosure of all exculpatory evidence and information, whether or not it is material, significant or only discredits evidence the prosecutor affirmatively intends to present at trial.
An important step to include in your research of title and debt on your chosen foreclosure property is checking the grant deed.
Friday, July 28, 2017
Deciding when to collect Social Security benefits takes some thought.
Thursday, July 27, 2017
Shared office space is no longer the province of just sole proprietors, startups and young professionals. Companies like WeWork have capitalized on the popularity of shared working areas, in which people and companies rent office space by the hour, day or month.
Wednesday, July 26, 2017
The fast-food chain is beginning a venture with the ride-sharing company this week that will allow Lyft passengers to request rides that incorporate a stop at a Taco Bell drive-thru between 9 p.m. and 2 a.m. The companies will test the option, which will appear as "Taco Mode" in the Lyft app, during the next two weeks around a Newport Beach, California, location, with plans to expand the program nationally next year.
Tuesday, July 25, 2017
The lender might be well advised to take less than the amount due and to permit a "cash out" of the property rather than getting entangled with the complexities of the market at this time.
Monday, July 24, 2017
Amazon is a major player in multiple industries and continues to expand.
All law firms should be acutely aware by now of the risks posed by hackers. There have been numerous highly publicized hacking incidents in recent years, including one recent incident where a "ransomware" attack forced a major international law firm to shut down its network — losing access to materials and, for many lawyers at that firm, the temporary inability to serve clients effectively — to try to minimize the potential harm.
On July 17, the State Assembly Judiciary Committee unanimously voted in favor of Senate Bill 36, which changes the form and functions of the State Bar of California. Every member of the State Bar, the California judiciary, and the public will be affected by these governance changes.
Friday, July 21, 2017
Before recently issued Treasury regulations, it was unclear whether issuing equity to an employee of a disregarded entity and retaining the "employee" status of the recipient would be respected by the IRS.
The Court of Appeals has announced that it will consider a significant free speech issue bearing on the rights of anonymous internet users with sealed briefs, sealed record, and no amici.
Last October, the State Bar of California sent to the California Supreme Court, on an expedited basis, Proposed Rule 5-110, modeled on ABA Rule 3.8, Special Duties of a Prosecutor. The high court sent the rule back to the bar with a few notes.
In the years leading up to retirement, prepare ahead of time to protect your assets and adjust as dictated by market and economic conditions.
Thursday, July 20, 2017
Two former chairs of the Federal Election Commission debated public confidence in the election process during a panel at the 9th Circuit Judicial Conference Tuesday.
As more priority products are determined, these regulatory obligations will certainly cause manufacturers to spend time and resources to ensure that they meet the regulations in order to sell their products.
Tuesday, July 18, 2017
A growing number of federal, state, and local laws limit an employer's right to consider or even seek criminal history information from applicants and employees.
Monday, July 17, 2017
REO purchases make sense. Buyers can prepare for and avoid surprises.
Friday, July 14, 2017
Having a well-defined path can help you develop peace of mind as you think about retiring
Thursday, July 13, 2017
Social media creates challenges to constantly stay connected and this brings up copyright issues.
The FCA has proven to be ineffective at preventing fraud and encouraging ethical corporate behavior.
The FCA has proven to be ineffective at preventing fraud and encouraging ethical corporate behavior.
The FCA has proven to be ineffective at preventing fraud and encouraging ethical corporate behavior.
Wednesday, July 12, 2017
Does the right to bear arms extends outside the home? Last month, the Supreme Court declined to review a case that could have answered that question. By C.D. Michel
Tuesday, July 11, 2017
Online video stars opt for Facebook over YouTube. Although YouTube pays more, stars are finding that their content spreads faster on Facebook.
The en banc panel addressed a cramdown plan where the central issue was the valuation of the secured creditor's collateral where the foreclosure value exceeds the replacement value. By David Kupetz
This decision confirms a circuit split over the legality of the SEC's administrative proceedings under the appointments clause in Article II of the Constitution. By Nicolas Morgan, Sam Puathasnanon,Thomas Zaccaro and Kyle Jones
Herbert Hoover once said: "Next to religion, baseball has had a greater impact on our American way of life than any other American Institution." By James Attridge
Our state Supreme Court must continually define and distinguish legally dispositive categories under both federal and state law. By Joseph M. Lipner and BJ Ard
Monday, July 10, 2017
Buying from the REO lender can be rewarding
There are certain things that come around every once-in-a-while that change life as we know it. And now there is Uber. By Jonathan Michaels
Being a summer associate is a fun time. They attend lunches and events while making an associate's salary but without the responsibility of a practicing attorney. Of course, they also get assignments. By David R. Carpenter and Bridget S. Johnsen
Friday, July 7, 2017
Consider your options when making charitable contributions.
Dave Mullins and Charlie Craig walked into a bakery for a wedding cake. Jack Phillips, owner of Masterpiece Cakeshop, then walked over. As soon as he understood that Dave and Charlie were the happy couple, Phillips told them that he would not sell them a wedding cake because he had religious objections to gay people getting married. By Amanda Goad
There are few things more important to entrepreneurs and investors than managing founder equity, and some of the most frequent start-up questions we field are about common stock vesting. By Jesse Finfrock
Thursday, July 6, 2017
Last week, the Supreme Court agreed to review the conviction of Carlo J. Marinello II for obstructing the administration of the tax laws, presenting another opportunity to cut back on the scope of white-collar prosecutions under a catchall section.
Senate Bill 632, currently before the California Assembly, will protect dying asbestos victims suffering mesothelioma from days and weeks of abusive and unnecessary cross-examination during their final days of life. By Laurel Halbany
On June 14, the IRS re-released its proposed regulations on the implementation of the IRS's new centralized partnership audit regime. By Phil Jelsma
Given the ubiquitous nature of cellphones, tablets, and remote access; people commuting in greater distances; and being accessible to employers by cellphone, the potential for off-the-work claims is ever increasing. By Matthew Schechter
The U.S. Supreme Court ended its term with three significant First Amendment cases. By Jean-Paul Jassy
Wednesday, July 5, 2017
Foreclosure of a property through judicial action has certain unique characteristics. Borrowers and lenders are cautious.
The June 18 episode of "Last Week Tonight" covered a number of things Oliver found unusual, including the receipt of a cease and desist letter from Robert Murray and several coal companies. The group made good on its threat. By David J. Friedman and Kavon Adli
The government has until July 31 to respond to Add al-Rahim al-Nashiri's cert petition. The Supreme Court should review his case and find that "extraordinary circumstances" due to the torture he endured require disbanding the military commission. By Marjorie Cohn
New regulatory plans highlight California's focus on reducing compounds from vehicle and small equipment emissions that contribute to formation of ozone or "smog." By Shannon S. Broome and M. Clare Ellis
Monday, July 3, 2017
Jill's lawyer finally fleshed out why the insurance company was not considering the surgery: His client had posted pictures of herself which appeared to be her on a trampoline a week before she mentioned her injury. By Mark Simowitz
No matter what type of law you practice, you'll come across all sorts of clients — the good the bad and the ugly. The trick is to keep the bad from getting ugly, and keep the ugly from getting to you. By Hamid Yazdan Panah
Case before the Ninth Circuit focuses on question of free speech
In any law practice today, it is critically important to react to partner departures in the right way. It is equally important to anticipate and to manage partner departures proactively. By Daniel O'Rielly and Dena Roche
Friday, June 30, 2017
Ways to benefit from early tax planning
The CREATES Act of 2017 is proposed bipartisan legislation targeting actions by brand name drug manufacturers that can delay entry by generic drug manufacturers. By William Diaz, Michelle Lowery and Lauren Salins
Franchisors will need to adjust their methods when accounting for franchise fees either this year or next, depending on whether the system is publicly owned or not. By Barry Kurtz and Christopher L. Passmore
Thursday, June 29, 2017
John Zimmer, the co-founder and president of Lyft is not happy about the chaos that is enveloping Uber. "There's nothing to celebrate in this situation, "But it does shine a light on the importance of values and ethics."
A recent Supreme Court opinion cabins an older decision that has been derided as both bad law and bad policy. By Michael M. Berger
The 9th Circuit recently rejected the use of coordinated successive traffic stops by the police to search a motorist's vehicle for cash. By Mahesha P. Subbaraman and Scott A. Meiner
Wednesday, June 28, 2017
Google fine $2.7 billion for unfairly favoring some of its own search services over those of rivals. The penalty, highlights the aggressive stance that European officials have taken in regulating many of the world's largest technology companies.
A federal judge tossed a lawsuit claiming that cosmetology schools illegally exploit students for free labor, finding that the amateur salon work primarily benefits the students, and not the for-profit schools.
A federal judge tossed a lawsuit claiming that cosmetology schools illegally exploit students for free labor, finding that the amateur salon work primarily benefits the students, and not the for-profit schools.
Tuesday, June 27, 2017
About 12 million people will get a lift in their credit scores next month as the national credit reporting agencies wipe from their records two major sources of negative information about borrowers: tax liens and civil judgments.
California courts have increasingly watered down or altogether ignored the substantial-factor requirement. By Cory Andrews
Earlier this year, Gov. Jerry Brown signed Senate Bill 496, modifies design professionals' contractual duty to defend. By D. Creighton Sebra and Christopher J. Menjou
Monday, June 26, 2017
The stigma surrounding substance abuse and depression often makes it difficult for those afflicted to ask for help or for those who observe these issues in others to take action. By J. Randolph Evans and Shari Klevens
Proposition 13 has been around since 1978 and can't be circumvented. We need to develop ways to get additional tax income for the public services we seek.
Republican health care reform proposals have grave consequences for the millions of Americans, though Californians might be far better off than people in other states. By John Aiello
The procedure for determining competency for a criminal defendant confuses many attorneys, even criminal attorneys. By Chris Honigsberg
Friday, June 23, 2017
One year ago, the U.S. Supreme Court endorsed the implied false certification theory under the False Claims Act. By Kimberly A. Dunne, Douglas A. Axel and James M. Perez
U.S. auto manufacturers may be motivated to push ahead with green technologies regardless of the withdrawal from the Paris Agreement. By Jeffrey Soble and Sarah Slack
Consider your long-term financial security and save for retirement. Saving a dollar a day could make a big difference. The most important part is getting started.
Thursday, June 22, 2017
Who is responsible for a house fire that occurs when a dog is left alone with combustible dog food on a stovetop: the dog's owners or the stovetop manufacturers? An unpublished appellate opinion recently weighed in. By Daniel J. Herling
The Supreme Court held that patent owners exhaust their rights when they sell the patented product, and it is irrelevant whether the post-sale limitations imposed by the patent owner are clearly stated.
As Rutherford B. Hayes said, "The calamity of insanity is one which may touch very nearly the happiness of the best of our citizens." By James Attridge
Learning to personalize the corporate client by telling their story — family, pride of ownership, community standing and more — is essential to reducing potential exposure at trial. By Robert Tyson
Wednesday, June 21, 2017
A few consideration worth thinking about in developing an effective compliance policy that exists beyond mere paper on a shelf. By Robb Adkins
Suggested actions to take after getting a new computer system.
There's widespread misunderstanding among employees about the legal consequences and scope of FMLA, especially when it comes to potential liability. By David Graulich
If the FCC eliminates the net neutrality rules, ISPs would no longer be classified as common carriers, which would appear to clear the way for the FTC again to enforce rules on privacy and deceptive practices against ISPs. By Anita Taff-Rice
Tuesday, June 20, 2017
While the procedural mechanics of 998 offers in the courts is well-settled, the same cannot be said for arbitration. And as a recent Court of Appeal decision demonstrates, obtaining a timely ruling on Section 998 offers during arbitration can be tricky. By Gary Watt
Social media interactions in the workplace environment can be fraught with peril, and a companies' policy should be clear and multifacted enough to address issues that arise amongst both personnell and legal challenges.
Pepperdine law professors Robert Anderson and Derek Muller and the State Bar of California have failed to prove that an MBE cut score of 144 is necessary to assure attorney competence and consumer safety. By William Patton
Since 1970, California law has granted California residents substantial protection for their assets from legal claims of creditors through the use of a "private retirement plan." By William L. Porter
Interestingly, Senate Bill 632 imposes no limit on the questioning done by the plaintiff's own counsel — just that of the defendants. By Mark Love
Monday, June 19, 2017
In response to widespread and long-standing criticisms of the 138-year-old State Board of Equalization, the Taxpayer Transparency and Fairness Act will establish two new agencies to take over many of the board's functions. By Bruce Givner and Owen Kaye
A 2015 Federal Circuit opinion continues to remind prospective mark owners about the consequences of hasty trademark filings, while encouraging good business practices. By Jonathan Kim
Despite the legislation's potential impact on millions of Americans, there appears to be no plans to bring the legislation to the Senate floor for debate, nor to any committee for hearing. By Michael C. Parme
The high bidder at the trustee's sale or the foreclosing mortgagee may not have immediate occupancy rights after a property is sold at the foreclosure sale.
The Drone Federalism Act of 2017, introduced in the Senate a few weeks ago, provides some needed clarity by eliminating concern about state and local drone regulations potentially interfering with Federal Aviation Administration regulations. By Javan N. Rad
The U.S. Supreme Court's ruling in Microsoft Corp. v. Baker ensures that class representatives and defendants maintain an equal footing in federal courts. By Jeffrey A. LeVee and Jason C. Wright
Insurers and insureds often disagree about whether a claim or lawsuit against an insured should be settled and if so, for how much. What should not be subject to disagreement is an insurer's duty to pay reasonable settlements. By Kirk A. Pasich
Friday, June 16, 2017
Can your projected future income and assets withstand the cost of long-term care if the need arises? Learn about your options and make an informed decision.
The ensuing workplace investigation into alleged employee misconduct can make or break an employer's ability to implement and uphold disciplinary action against the errant employee. By Erin I. Kunze
Increasingly, private corporations are facing levels of governmental scrutiny that historically only have been seen by public corporations. Don't wait until preparing for an IPO to have the proper internal controls in place. By Richard S. Horvath Jr.
What Trump's proposed discretionary budget plan tells California employers about the administration's priorities. By By C. Matthew Schulz and Cynthia L. Jackson
Thursday, June 15, 2017
You might think immigration policies and practices have no impact on intellectual property. Under the new administration, you would be wrong. By Karienh Khachatourian
The Soup Nazi himself has not been accused of a crime. However, the CFO of the Soupman Inc. chain has been indicted for tax crimes. By Robert W. Wood
The Biologics Price Competition and Innovation Act of 2009 sets forth a carefully calibrated scheme for preparing to adjudicate, and then adjudicating, claims of patent infringement and facilitates patent litigation during the period preceding FDA approval so that the parties do not have to wait until commercial marketing to resolve their patent disputes.
Commentators thus far have overlooked a remedy for the federal court judges as Trump continues his attempts to intimidate and demean them: the supervisory power of the federal courts. By Ricahrd A. Hamar
Presidents and pontiffs have an uneasy history, given that America was originally founded as a haven for Protestants fleeing the oppressions of Europe, often at the hands of Catholic elites. By James Attridge
Wednesday, June 14, 2017
In May, the IRS showed continues suspicion about open source software distribution as a charitable endeavor, California AG Xavier Becerra announced plans to crackdown on nonprofits with political bents, and the IRS issued new Issue Snapshots. By Erin Bradrick
Ill-conceived measures to lower the prison population at the expense of public safety should be recognized for what they are — misleading titles, false claims and outright lies — and voted down. By Eric Siddall
Tuesday, June 13, 2017
What was often a very confusing bench trial regarding McDonald's Corp. and overtime allegations under the state's Private Attorneys General Act has a quite clear conclusion for now: McDonald's won.
After six years of laying a foundation, major banks are ready to introduce Zelle, a digital payments network that will allow people to send money instantly through participating banks’ mobile apps.
Last week, the Supreme Court ended a disagreement among the circuits about the application of the five-year limitations period to disgorgement actions brought by the SEC. By Thomas Zaccaro, Nicolas Morgan, Peter Brejcha and Kyle Jones
Monday, June 12, 2017
If adopted, the rule would broaden the definition of advertising in order to more broadly encompass new and emerging attorney marketing modes and platforms. By Laura Riparbelli
Besides governing the monetary aspects of a case, retainer agreements are one tool to educate clients about settlements, expenses, scope of representation, responsibilities and conflicts of interest. By Jennifer A. Becker
It may come as a surprise to most trademark aficionados that the Eagles have never registered Hotel California with the USPTO. This begs the question: Is federal registration an absolute necessity to enforcement? The entity in control of the rock band's business affairs filed a lawsuit in the Central District. It will be interesting to see how the case of Eagles Ltd. v. Hotel California Baja plays out.
Actor and comedian Jim Carrey is facing wrongful death lawsuits regarding his deceased girlfriend. The cases will require the court and jury to grapple with the rarely litigated Drug Dealer Liability Act. By Richard T. Collins
Judge Lucy Koh as an historic opportunity to craft a standard that works for all patent holders. By J. Carl Cecere
Friday, June 9, 2017
Two days after Memorial Day we found out that Los Angeles County is now home to 4,828 homeless veterans. By Laura Riley
This summer is a great time to reset your financial resolutions. . Focusing on your finances today may help you to secure a more comfortable financial future for you and your family tomorrow.
The issue before the Supreme Court was a seemingly simple one: whether a church must have established a pension plan in order for the plan to qualify as a church plan under ERISA. By Michelle Roberts Bartolic
Thursday, June 8, 2017
It requires patience, trust and hard work. Results might not be seen for months or even years, but if you trust the process, they will come. By Hamid Yazdan Panah
The fundamental flaw in Trump's argument about the benefits of leaving the Paris Agreement is his misunderstanding of how the agreement works. By Daniel A. Farber
Understandably, our recent study has been controversial. Much surrounds things the study does not purport to say, and we hope to clarify that. By Robert Anderson IV and Derek T. Muller
Senate Bill 775 would significantly revamp change the way carbon credits and offsets are addressed in California's groundbreaking greenhouse gas cap-and-trade program. By Joshua A. Bloom
Sessions' effort to revive decades-old thinking about crime and punishment will inevitably contribute to a rise in the federal prison population and will be counterproductive to promoting public safety. By Marc Mauer and Kara Gotsch
There is a scarcity of interesting published authority concerning the Enforcement of Judgments Law. And a recent decision is rarer still by creating a split of authority. By Johnny White
Wednesday, June 7, 2017
When Snapchat isn't drawing criticism from Wall Street analysts, it is drawing ire from concerned parents everywhere, who have become gravely concerned about one particular feature of its app: the speed stamp. By Jonathan Michaels
Officials recently announced that President Donald Trump will not be continuing the policy of disclosing White House visitor logs. This despite a letter penned by eight U.S. senators urging Trump and the Secret Service to release the logs. By Duffy Carolan
The industrial real estate sector is on a white-hot growth streak, propelled by a surge in e-commerce, manufacturing and tight inventory. By Michael Cato
Earlier this year Trump signed Executive Order 13788 implementing his "Buy American, Hire American" campaign promise. By Garret Murai
Tuesday, June 6, 2017
For what noun are the adjectives "true" and "false" misleading? Facts. That is why "true" is redundant to describe facts. When lawyers and judges use the phrase "true facts," it drives me nuts. And "false" facts are not facts. By Arthur Gilbert
There is increasing talk about presidential impeachment in some quarters these days. Given that fact, it is worth taking a closer look at the impeachment process, which has been fertile ground for debate since the country was founded. By Dan Farber
The California Assembly recently passed a bill that would prohibit employers from asking applicants about their salary history and require employers to provide an applicant with the pay scale for a position upon the applicant's reasonable request. By By Megan C. Winter and Miranda R. Watkins
Monday, June 5, 2017
Seven steps for ensuring a legally compliant summer internship program that eases business needs and imparts valuable experience to students. By Collin Cook and Caroline Pham
Recent U.S. Supreme Court decisions have granted ever-increasing First Amendment protection to commercial speakers. The 9th Circuit, however, seems to be moving in the opposite direction. By Richard A. Samp
No summary was provided
Friday, June 2, 2017
A recent holding provides guidance to boards of directors weighing fiduciary obligations against contractual obligations. By Marc Boiron and Morgan McCombe
Last month, Hobby Lobby Stores joined the list of retailers accused of using false reference prices to sell their products. By Lisa Gilford and Devon Hein
Earlier this year, a federal court dismissed a lawsuit brought by a drone pilot against a Kentucky man who shot down a drone that he thought was being used to spy on his teenage daughter at home. By Joshua Briones, Esteban Morales and Natalie Prescott
A roadmap for navigating the pitfalls of Rule 701, an important facet of federal securities laws which enables small and large start-up companies to provide crucial equity compensation. By Ali Nardali and Aria Kashefi
Thursday, June 1, 2017
Can the government get around takings jurisprudence by simply redefining the private property interests it would like to own? Stay tuned. By Michael M. Berger
Wednesday, May 31, 2017
There is a circuit split on whether an employer's Equal Pay Act defense can be based solely on prior salary. By Max Fischer and Dorna Moini
That is, how does a society that values and protects personal privacy search employee personal communication accounts in furtherance of governmental transparency without creating a system rife with inconsistency? By Karen Feld
President Donald Trump has tweeted that he is the victim of "the greatest witch hunt of a politician in American history!" In considering this contention, one might visit the intense criticism faced by Abraham Lincoln during his presidency.
Tuesday, May 30, 2017
I remember the first time I met Justice Turner. It was November 4, 2002, and I had been a lawyer for slightly less than five years as I walked nervously up to the lectern to present my very first appellate oral argument. By Jeremy B. Rosen
I remember the first time I met Justice Turner. It was November 4, 2002, and I had been a lawyer for slightly less than five years as I walked nervously up to the lectern to present my very first appellate oral argument. By Jeremy B. Rosen
Friday, May 26, 2017
The 9th Circuit has put the final nail in the coffin for grants of discretionary authority to insurers in ERISA-governed insurance policies and employer plan documents. By Robert J. McKennon and Joseph S. McMillen
The 9th Circuit has put the final nail in the coffin for grants of discretionary authority to insurers in ERISA-governed insurance policies and employer plan documents. By Robert J. McKennon and Joseph S. McMillen
So why now and why this bill? In 2015, the sponsors argued that all but one state used a similar or identical labeling standard to the FTC's "all or virtually all" standard. By Daniel J. Herling
Thursday, May 25, 2017
While impeachment threats historically constitute little more than lunatic fringe theatre, the appointment of Bob Mueller as Justice Department special prosecutor should give the president pause. By James Attridge
President Trump can put America's Constitution first by removing Chapter 19 from NAFTA. By Julian Ku
Wednesday, May 24, 2017
Many believe the Supreme Court will abolish the conditional sale doctrine in favor of a broader rule of patent exhaustion. If so, patent holders will no longer be able to enforce post-sale restrictions through infringement claims. By Jacob A. Kramer
The Supreme Court has made many decisions affecting patent law in the last few years. But TC Heartland stands out. By Ben M. Davidson
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