GUEST COLUMNS
Friday, March 22, 2019
A matter of blockbuster significance is the subject of a current petition for certiorari. The case is Oracle v. Google. We submitted a brief as amici curiae supporting that petition out of the strong conviction that review is vitally necessary of the U.S. Court of Appeals for the Federal Circuit's wrong-headed decisions in this case.
If you follow the news, you may be hearing about how recent changes in the tax code may impact how much Americans receive as a tax refund this year. With tax filing season upon us, now is the time to analyze your tax bill.
Wednesday, March 20, 2019
There's long been a somewhat competitive relationship between the power of governors and legislators to make law and the ability of voters to overturn what the politicians wrought and/or make law themselves via the initiative process.
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.
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.
Friday, March 15, 2019
The 2016 voter initiative to keep the death penalty required the state to maintain the ability to "perform any duty needed to enable it to execute the judgment."
Proposed law may actually impede lactation accommodations for working mothers and promote litigation.
Thursday, March 14, 2019
The United States Supreme Court granted a writ of certiorari in Iancu v. NantKwest to determine whether a patent applicant, win or lose, must pay the salaries of the United States Patent and Trademark Office's ("USPTO") in-house attorneys in district court actions challenging the rejection of patent claims by USPTO patent examiners.
Wednesday, March 13, 2019
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.
Tuesday, March 12, 2019
The indebted attorney again halted scheduled sworn testimony with a last-minute filing
The financial system had nearly collapsed. The deepest recession in decades was devouring over 700,000 jobs a month.
Monday, March 11, 2019
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
This week, the Supreme Court resolved a split in the circuits regarding an issue in copyright law that affects copyright owners in California.
Nobody can say California lawmakers haven't kept busy.
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.
Wednesday, March 6, 2019
As California's housing shortage deepened in the last decade, Jerry Brown made only token efforts to address it.
Tuesday, March 5, 2019
Everyone, it seems, has ideas about new tax strategies, some more realistic than others. Whatever your politics, there is a bipartisan acknowledgment that the tax system is broken. Whether you believe the system should be fixed to generate more revenue or employed as a tool to limit inequality, there is a justifiable sense the public doesn't trust the tax system to be fair.
Monday, March 4, 2019
When nine refund checks landed in his mailbox a few months ago, Jed Shafer figured he was finally done with his student loan.
Friday, March 1, 2019
A wrongful death lawsuit filed against prominent Democratic donor Ed Buck claims a combination of race, class and high-flying political connections have shielded the fundraiser from being charged in connection with the death of a man who overdosed in his apartment.
Retirement is an important milestone that often comes after years (or decades) of careful planning. For those who've saved diligently and are nearing the end of their careers
A wrongful death lawsuit filed against prominent Democratic donor Ed Buck claims a combination of race, class and high-flying political connections have shielded the fundraiser from being charged in connection with the death of a man who overdosed in his apartment.
Thursday, February 28, 2019
ompanies have a number of tools available to them to help protect their intellectual property, including trade secret and other proprietary information that give them a competitive advantage.
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
For decades, employers have used timekeeping practices that involve rounding, for example, rounding the employees' "punch time" up or down to the nearest tenth or quarter hour.
Monday, February 25, 2019
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.
Friday, February 22, 2019
After one of the longest bull markets in history, stocks experienced some major ups and downs toward the end of 2018.
Thursday, February 21, 2019
In Continental Circuits LLC v. Intel Corp. et al., case number 18-1076, the U.S. Court of Appeals for the Federal Circuit, in a precedential opinion, recently clarified the rules for the incorporation of a limitation from a patent's specifications into the claims during claim construction.
Wednesday, February 20, 2019
There has been, by happenstance, a cyclical pattern in the mindsets of California governors in the post-World War II era and Gavin Newsom fits it to a tee.
Tuesday, February 19, 2019
A U.S. magistrate judge appointed a certified public accountant to take control of Eagan Avenatti LLP.
The 2018 California wildfires destroyed some 22,000 structures, including nearly the entire town of Paradise. Most of the ensuing insurance claims are being handled by hundreds of out-of-state adjusters who are not licensed in California and are working here unlawfully.
Eleven low-income people trying to secure affordable housing in Santa Monica in 2018 all got good news — followed hard by bad news.
The federal debt ticked past $22 trillion this week, a record that comes despite continued economic growth, but neither political party appears to be making a priority of debt reduction.
Wednesday, February 13, 2019
On October 11, 2018, the federal Occupational Safety and Health Administration (OSHA) issued a memorandum relaxing the rules on post-accident drug testing and drug testing as part of a safety incentive program.
Tinker v. Des Moines Independent Community School District was the first Supreme Court ruling that provided protection for students' First Amendment rights.
Tuesday, February 12, 2019
Two banks announced the industry's biggest merger in a decade on Thursday, signaling bank executives' growing confidence that the regulatory constraints imposed after the 2008 financial crisis have begun to loosen.
Monday, February 11, 2019
Andrew Yang was born in Schenectady, New York, to immigrant parents from Taiwan. Yang, now 44, studied economics and political science at Brown, got a law degree at Columbia and ultimately became a successful entrepreneur, with a focus on job creation. In the American dream sweepstakes, he was a pretty big winner. But along the way, he came to see that for every winner, there were thousands upon thousands of losers.
Friday, February 8, 2019
Reality -- a new reality -- is hitting home as Californians work on their 2018 federal income tax returns.
As with sexual harassment in the workplace, lawyers can take advantage of clients in complex and nuanced ways. It makes no sense to create an avenue of escape that can be exploited by the small minority of lawyers who would think to exploit it.
Parents of college-bound students know that paying for higher education takes planning and saving. For divorced parents, it can be particularly complex. Whether they're paying for the college bills solo or contributing to the expenses in partnership with their ex-spouse, there are a lot of financial and emotional items to consider.
As digital technologies take hold within the construction industry, prudence requires a reassessment of legacy agreements and legal arrangements.
Thursday, February 7, 2019
For those of you that watched the red carpet happenings at last year's Golden Globe Awards, you may have noticed the "Fiji Water Girl", a model standing ready to keep Hollywood glitterati hydrated with bottles of Fiji water, photobombing numerous shots of celebrities.
The state Supreme Court heard arguments Tuesday in a case that could change the balance of power between borrowers and lenders.
Wednesday, February 6, 2019
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.
Tuesday, February 5, 2019
One by one, the concerns that have hung over the stock market have faded.
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.
A few practical pointers that contract negotiators and drafters can use to ensure that, if arbitration becomes necessary, your company can obtain a just, speedy and cost-effective resolution.
axing the wealthiest Americans at a higher rate may be good politics, since most voters won't be affected. But while two recent proposals sound simple enough, they could be difficult to put into effect.
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."
Tuesday, January 29, 2019
Employers require at least some employees to travel for business purposes.
Monday, January 28, 2019
The Ford Motor Co. is ditching its legacy sedans, doubling down on trucks and trying to steer its stock price out of a long skid.
Friday, January 25, 2019
The dream scenario for many retirees is to have a second place to call home.
Thursday, January 24, 2019
When a new invention is created (if it is worth anything), everyone wants to take credit.
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
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.
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.
Tuesday, January 22, 2019
Stocks came very close to entering a bear market on Christmas Eve, which was a very bad thing.
Friday, January 18, 2019
If you stand to inherit a property, such as a family home or vacation condo, the gift presents a critical financial decision: whether to sell, rent or keep the home.
Thursday, January 17, 2019
he Federal Circuit Court of Appeals has affirmed a jury verdict of $140 million in a patent infringement case. The damages were based on a reasonable royalty.
With the new year upon us, it seems appropriate to reflect on the 9th U.S. Circuit Court of Appeals' significant cases decided this past year. While there were many to choose from, we have selected what we consider to be the most significant civil cases of 2018.
Wednesday, January 16, 2019
There is a substantial list of governance issues that former Gov. Jerry Brown said were important, but that he left on his desk for successor Gavin Newsom.
Tuesday, January 15, 2019
Releasing employment claims: dos, don'ts, and maybes
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.
The Trump administration, at the direction of the president, has charted a new course on federal water pollution law. A
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!
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.
Friday, January 11, 2019
A prominent economic story of the past year has been the growing tide of trade disputes across the globe. The U.S is at the center of it -- most notably with China -- which means investors are often subject to daily headlines debating possible implications for global markets and the economy.
A century ago to the day of Monday's swearing in of incoming Gov. Gavin Newsom, the Golden State wasn't the world economic and environmental leader it is in this century.
In 2003, Arnold Schwarzenegger and his team took the helm of the globe's then-sixth largest economy with more anticipation than most.
Showtime announced Thursday that Gary Levine and Jana Winograde would become the new presidents of entertainment at the cable network.
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).
Wednesday, January 9, 2019
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."
The former patent examiner, Albert Einstein, is credited with having told reporters, "I never think of the future, it comes soon enough."
Last year once again saw courts addressing key insurance issues.
Tuesday, January 8, 2019
Seeking payment on a $10 million debt, lawyers for former partner Jason M. Frank say Avenatti's arguments have no merit
The law also included a safe harbor provision, which allowed employers to opt in and pay workers retroactively for compensable breaks under the law in exchange for an affirmative defense.
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.
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.
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.
"Ummm, would you like to get married?" I asked repeatedly in Spanish.
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
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
Welcoming a child is an incredibly exciting time in your life.
Wednesday, December 26, 2018
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.
Monday, December 24, 2018
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.
As presiding judge of nearly 600 courtrooms in Los Angeles County, Daniel Buckley has been responsible for overseeing the largest trial court system in the country.
As presiding judge of nearly 600 courtrooms in Los Angeles County, Daniel Buckley has been responsible for overseeing the largest trial court system in the country.
Thursday, December 20, 2018
Non-statutory, or obviousness-type, double patenting ("ODP") is a judicially created doctrine that prohibits an inventor from effectively extending the monopoly on a patented invention by applying for a later patent with claims that are not "patentably distinct" from the claims in the earlier patent. The core principle behind the doctrine is that "an inventor must fully disclose [the] invention and promise to permit free use of it at the end of [the] patent term."
Jerry Brown was 38 years old and two years into his initial term as California's governor when, in March 1977, he appointed his first two California Supreme Court justices.
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.
Monday, December 17, 2018
The five-year legal battle over copyrights for parts of the hit song "Blurred Lines" finally ended with a federal judge ordering Pharrell Williams and Robin Thicke to pay the Marvin Gaye family nearly $5 million in damages, plus half the future royalties from the song.
Jury convicts Mongols motorcycle club in racketeering trial
Friday, December 14, 2018
You've worked hard to accumulate your wealth and now want to share the fruits of your labor with your grandchildren.
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
The state Supreme Court upheld Monday the legality of second meal break waivers for health care workers on 12-hour shifts in a ruling hinging on an issue that has since been legislated away.
The state Supreme Court upheld Monday the legality of second meal break waivers for health care workers on 12-hour shifts in a ruling hinging on an issue that has since been legislated away.
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.
Monday, December 10, 2018
What if President Trump's gut turns out to have been right and the Federal Reserve's interest rate increases are holding back the United States economy?
Friday, December 7, 2018
he most important goal for many of my clients is to retire on their terms
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.
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.
It was a fairly typical breach of fiduciary duty case in Los Angeles Superior Court that resulted in a $3.5 million jury verdict recently, but only after it made new case law regarding the anti-SLAPP statute used to knock down frivolous lawsuits seeking to chill speech.
It was a fairly typical breach of fiduciary duty case in Los Angeles Superior Court that resulted in a $3.5 million jury verdict recently, but only after it made new case law regarding the anti-SLAPP statute used to knock down frivolous lawsuits seeking to chill speech.
Monday, December 3, 2018
Many people think the American political system is "broken" — but what if that's not true? The authors of a recent Harvard Business School report say that the Republican and Democratic parties constitute a duopoly: a wildly successful industry that has colluded to kill off competition, stifle reform and drive the country apart.
Friday, November 30, 2018
ericans, age 65 and older are single, according to the most recent data available from the U.S. Census Bureau.
Wednesday, November 28, 2018
Political conflicts are wars without guns, and ordinarily, they pit those of one political party against those of another.
Monday, November 26, 2018
As 2018 winds down, it's time to think about if and how you may be able to reduce the taxes owed on your next tax return. New tax laws, which generally took effect on January 1 of this year, mean you may need to approach your tax strategy differently than you have in the past.
Wednesday, November 21, 2018
A lawsuit alleging racism drove a cable distribution company's refusal to carry channels operated by an African-American owned network operator can go forward, 9th U.S. Circuit Court of Appeals panel ruled Monday.
Tuesday, November 20, 2018
Recently, the United States Department of Labor (DOL) issued new Family and Medical Leave Act (FMLA) forms.
Monday, November 19, 2018
Real estate titans have long scoffed at WeWork, which in eight short years has managed to attain a $20 billion valuation by selling short-term leases for shared office space with a mixture of stylish design and free-flowing alcohol.
Friday, November 16, 2018
Retirement brings the end of a chapter in your career and the start of a new lifestyle.
Wednesday, November 14, 2018
Californians -- most of us, anyway -- loath President Donald Trump and the state's voters punished him this month by flipping as many as half of its Republican-held congressional districts.
On Nov. 8, the Satanic Temple filed a federal lawsuit for copyright infringement, false designation of origin and other claims against Warner Bros. and Netflix, the producer and distributor, respectively, of the "Chilling Adventures of Sabrina."
Tuesday, November 13, 2018
In a letter, 33 general counsel and the Association of Corporate Counsel expressed support for proposed changes to bar rules.
In a letter, 33 general counsel and the Association of Corporate Counsel expressed support for proposed changes to bar rules.
Monday, November 12, 2018
I was ready for massive Democratic turnout for the election on Tuesday. But I was surprised how massive the Republican turnout was in response.
Thursday, November 8, 2018
Intellectual property disputes will again take their place on stage at the U.S. Supreme Court this term when the court addresses at least two IP questions. 1. Can the government challenge patents under the America Invents Act ("AIA")?
Wednesday, November 7, 2018
Amnon Siegel, partner at Miller Barondess LLP, representing WindAirWest, was able to obtain the jury award Friday for the private charter and aircraft management company, even though it had yet to establish a track record of profitability.
Friday, November 2, 2018
The current bull market, which is nine years in the making, ranks as the longest of all time. This persistent upward trend has eclipsed the market climb that spanned most of the 1990s.
Thursday, November 1, 2018
The U.S. Court of Appeals for the Federal Circuit was recently tasked with reviewing determinations made by the International Trade Commission ("ITC") relating to trade infringement claims brought by Converse, Inc. with regard to a number of imported shoes that it alleged infringed on one of its trademarks.
Wednesday, October 31, 2018
The attorney for a Black Lives Matter activist announced a plea deal hours ahead of a hearing on her motion to force the entire San Joaquin County district attorney's office to recuse itself from the case.
Tuesday, October 30, 2018
You said, "I'm sorry," but somehow you haven't been forgiven. Why? Because you're doing it wrong! Here's a report from the front lines of apology science.
This is a puzzle addressed by Carol Anderson, in her new and hard-hitting book. Not surprisingly, much of the story of voter suppression can be explained by racial discrimination.
Monday, October 29, 2018
According to the federal Equal Employment Opportunity Commission, sexual harassment claims have increased by more than 50 percent in fiscal year 2018. Increased awareness following the #MeToo movement, along with courts' and agencies' lower standards for what constitutes harassment, reinforce the urgency with which employers must implement effective anti-harassment policies and processes.
A federal court in Los Angeles just proved that, even after many years of difficult, protracted litigation, and despite several pretrial rulings in plaintiffs' favor, an employer that is willing to take a wage and hour dispute to trial can still pull out a victory, even at the last minute — and even on relatively close questions.
Friday, October 26, 2018
Parents often try to impart their values about money to help their children establish a strong financial foundation. If you are a parent, talking to your kids about money can help them learn how to be financially responsible, self-supporting adults.
Thursday, October 25, 2018
Some things are not patentable: laws of nature, natural phenomena, and abstract ideas.
Wednesday, October 24, 2018
The judgment against the celebrity lawyer occurred the same day Eagan Avenatti LLP was evicted.
The Music Modernization Act is a sweeping update to the U.S. Copyright Act that will bring the law closer to a music licensing framework that reflects the realities of the digital era.
Tuesday, October 23, 2018
If the stock market keeps dropping, President Trump could lose one of his favorite bragging rights.
Friday, October 19, 2018
Millions of Americans in the workforce are heading back to school to further their education. According to the National Center for Education Statistics
Thursday, October 18, 2018
In Lexington Luminance LLC v. Service Lighting and Electrical Supplies, Inc. d/b/a 1000bulbs.com, 3-18-cv-01074, the District Court for the Northern District of Texas denied defendant's motion to dismiss for failure to state a claim, but granted its motion for a more definite statement because of the complexity of the patents-in-suit.
Wednesday, October 17, 2018
Local government officials throughout the state got some very good financial news when county tax assessors toted up changes in taxable property values for their 2018-19 budgets.
Tuesday, October 16, 2018
The World Trade Organization is the referee for 164 member nations, each with their own political and economic agendas. Lately, those agendas have gotten more complicated, especially with President Donald Trump's tariff blitz. The modern global economy requires a delicate balance in which countries collaborate on trade while simultaneously competing against one another. This competition often requires a referee to make sure everyone's following the rules.
Few would doubt that California's single most important economic/political issue is a growing housing shortage which distresses millions of Californians and is the largest single factor in the state's highest-in-the-nation poverty rate.
Monday, October 15, 2018
For years, this column has highlighted the dearth of women on corporate boards and in executive positions.
Friday, October 12, 2018
Many people dream of having a place to call home in their favorite ski, beach or tropical destination.
Thursday, October 11, 2018
Any work that is entitled to copyright protection automatically receives protection when it is fixed in a tangible medium of expression.
Sen. Dianne Feinstein seeks sixth term: How her Washington virtues became California vulnerabilities
After more than a decade with Quinn Emanuel Urquhart & Sullivan LLP, partner Susan Estrich is leaving to join David Boies' firm, a move aligning two prominent litigators who caught flack for defending high-profile sexual assault cases in the #MeToo era.
Wednesday, October 10, 2018
We don't know what we don't know.
Tuesday, October 9, 2018
This article is Part 2 of a two-part series providing an overview of laws affecting San Francisco employers.
Monday, October 8, 2018
We've all heard the same story: Our economy would be more dynamic if only the government would get out of the way. But Mariana Mazzucato, a professor of the economics of innovation and public value at University College London, says we've got that story backward.
Friday, October 5, 2018
Each year, employers offer an open enrollment period — a window of time to select your benefits package for the coming year.
Thursday, October 4, 2018
In recent years, the U.S. Supreme Court has considered a number of intellectual property and related cases, but many issues remain unresolved.
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. Tents can now be found on sidewalks where just a block away, two-bedroom homes easily sell for more than $1 million.
Monday, October 1, 2018
Nothing so far has succeeded in ending the bull run in stocks that began nearly a decade ago.
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.
U.S. Sen. Dianne Feinstein took a lot of heat from the left wing of her Democratic Party by adopting a somewhat conciliatory attitude toward Donald Trump during the first year of his presidency.
Wednesday, September 26, 2018
The Legislature gave Gov. Jerry Brown two opportunities to make it easier for young Californians to get the education they -- and we in the larger society -- need.
Tuesday, September 25, 2018
This article is Part 1 of a two-part series providing an overview of laws affecting San Francisco employers.
Friday, September 21, 2018
No summary was provided
The pipeline of women qualified to serve on corporate boards is overflowing with talented, smart, well-educated candidates.
Thursday, September 20, 2018
A California appellate court recently dealt a blow to fans of Michael Jackson who brought a class action alleging unfair competition and violations of the Consumers Legal Remedies Act ("CLRA") in connection with the sale of an album titled simply "Michael" following the singer's death.
Wednesday, September 19, 2018
A Loyola Law School professor testified Monday that the estate plan at the center of a family's fraud lawsuit against Buchalter APC, was "certainly reasonable" and accomplished the financial and tax savings goals as intended.
Tuesday, September 18, 2018
Those who take climate change and efforts to stop it seriously can arguably be divided into two broad camps: environmentalists and techno-optimists. The former believe that technology, population growth and overconsumption have led us to the brink of a disaster that only a dramatic change in lifestyles can avert. Techno-optimists, meanwhile, tend to believe that technology is as much the answer to our climate problems as the cause and that, ultimately, we can innovate our way out of the crisis. Mary Robinson, a former president of Ireland (the first woman to hold the position) and United Nations high commissioner for human rights most surely falls into the first camp.
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. If you operate a business of any kind
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 (DED August 31, 2018, Order) (Stark, USDJ)
There were fireworks on the final day of the Commission on Judicial Performance hearing into misconduct claims against attorney general candidate Steven C. Bailey — including the appeals court justice running the hearing calling out "toxicity" on the El Dorado County Superior Court.
Wednesday, September 12, 2018
Both of California's U.S. senators, Dianne Feinstein and Kamala Harris, sit on the Senate Judiciary Committee, both played starring roles in last week's confirmation hearings for Supreme Court nominee Brett Kavanaugh, and both had personal political agendas.
Tuesday, September 11, 2018
California employers must pay non-exempt employees at least minimum wage for all time they work on their employers' behalf.
Driven by their party's anti-Donald Trump fervor, the Legislature's majority Democrats drafted and passed hundreds of bills, many of them openly aimed at setting California apart from what Trump and the Republican-controlled Congress have been doing.
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.
Friday, September 7, 2018
There's no question that Social Security is a cornerstone of retirement income for many Americans.
Thursday, September 6, 2018
An inter partes review (IPR) is one of the ways a party can challenge a patent in the Patent and Trademark Office.
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.
Tuesday, September 4, 2018
Trade negotiations between the United States and Canada headed down to the wire Friday morning
Friday, August 31, 2018
It can be personally and financially rewarding to earn extra cash doing something you enjoy.
Thursday, August 30, 2018
Procter & 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
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.
Monday, August 27, 2018
The school shootings at Virginia Tech and Sandy Hook; the massacres at the Pulse nightclub in Orlando, Florida, and outside the Mandalay Bay hotel in Las Vegas; the terrorist attacks during the Boston Marathon. After each of these tragedies, someone has a thankless, brutally difficult job to do: determine how the available compensation money should be distributed to the victims and their families. That someone is usually Kenneth Feinberg, along with his small Washington law firm.
Friday, August 24, 2018
No summary was provided
Thursday, August 23, 2018
Often, it's just the case of another business with the same name having registered that account first. Other times, it's evidence of what's come to be known as "username jacking."
Wednesday, August 22, 2018
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.
Monday, August 20, 2018
What does a beer company do to hedge against slowing growth in its main business?
Friday, August 17, 2018
If you have concerns about the longevity of your savings, know there are steps you can take to help you feel more confident.
Last month, the Internal Revenue Service issued proposed regulations describing the transition tax for controlled foreign corporations.
Thursday, August 16, 2018
Wednesday, August 15, 2018
No summary was provided
Tuesday, August 14, 2018
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.
Friday, August 10, 2018
Educating your adult children on the importance of saving for retirement may be a bit challenging in the short run if they're not receptive to the message, but it may do them a world of good if they accept your advice.
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
No summary was provided
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
The Federal Circuit Court of Appeals has taken aim at sky-high patent infringement damages.
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.
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
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
Wednesday, July 25, 2018
After months of legal maneuvering, plaintiff attorneys got the OK to resume the deposition of a principal engineer for Southern California Gas Co. about the largest gas leak in U.S. history.
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.
Monday, July 23, 2018
No summary was provided
The owner of a defective 2005 F-350 Ford pickup truck has been awarded $2.8 million after a Riverside County jury ruled against Ford Motor Company over Lemon Law violations.
Friday, July 20, 2018
Creating a well-crafted financial plan will help you achieve your goals.
Thursday, July 19, 2018
Conor McGregor's presence in the business world is just as polarizing as his presence in the sports and entertainment world.
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.
Tuesday, July 17, 2018
Over the past few months, I've been trying to write a comforting column. The thesis was going to be that even though Donald Trump is doing his best to inflame racial division, we are still making gradual progress against racism and racial disparities.
Over the last half-decade, California has spent many billions of dollars to close the "achievement gap" that separates poor and "English learner" K-12 students from their more privileged classmates.
Monday, July 16, 2018
A bankruptcy judge has blocked Michael J. Avenatti's firm from spending any attorney fees recouped from 54 cases until it repays more than $10 million in debt and taxes.
Wednesday, July 11, 2018
Supermajorities have been more about partisan bragging rights and media speculation than real tools for legislative action.
Tuesday, July 10, 2018
Monday, July 9, 2018
Trying to figure out why certain of your clients didn't pay their bills in full is a truly worthwhile exercise.
Addressing billing and collections issues throughout the year can both save money and can limit the headaches associated with the year-end push to collect on outstanding bills.
Friday, July 6, 2018
Today's housing market is creating more and more hurdles for homebuyers.
Thursday, July 5, 2018
Tuesday, July 3, 2018
No summary was provided
Monday, July 2, 2018
A June 23 headline in the New York Times says it all: "Young Children Taken from Their Parents: It Doesn't Just Happen to Immigrants."
Shortly after my previous employer suddenly laid me off. I was grateful to be employed again so quickly — but I quickly realized this new job wasn't for me. Given how I was treated at my last company, I didn't think I'd ever feel allegiance to an employer again. Is it acceptable to consider leaving so soon?
Friday, June 29, 2018
This season the California Legislature is considering several bills that tackle issues related to increased variable energy resources on the California grid.
Thursday, June 28, 2018
Now and then you come across a case where the underlying facts are so ludicrous you wonder what possessed the defendant to press the issue.
Today's real estate industry relies heavily on the use of websites displaying photographs of properties for sale to entice buyers. Many of the photographs on these sites are taken by professional photographers who license the use of their photos and retain the copyrights to them. The Ninth Circuit was faced with the question of whether these photographers can maintain an action for copyright infringement against a company whose software apparently "scrubbed" metadata identifying the copyright holders of photographs on various real estate websites.
Tuesday, June 26, 2018
With the World Cup taking place in their backyard, does Russia have any chance of winning the World Cup? Authors of the book Scorecasting found that home-field advantage is a real thing.
Monday, June 25, 2018
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.
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.
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.
Thursday, June 21, 2018
What if a forum selection clause requires that the target forum have personal jurisdiction over the defendants?
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.
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
Healthcare costs are a significant concern for many Americans, particularly for those approaching retirement. One increasingly popular way to manage medical expenses is to save into a Health Savings Account (HSA).
The recent recall of Judge Aaron Persky — the first recall of a California in 86 years — is a serious assault on judicial independence.
Thursday, June 14, 2018
Estimates suggest that by 2020, there could be around 50 billion devices of one type or another connected worldwide.
On April 24, 2018, the Supreme Court issued its ruling in SAS Institute, Inc. v. Iancu, which held that the Patent Trial and Appeal Board ("PTAB") arm of the United States Patent and Trademark Office ("USPTO") must issue a final written decision addressing each and every patent claim challenged in an Inter Partes Review ("IPR") petition if review is granted.
Wednesday, June 13, 2018
No summary was provided
The seemingly narrow ruling is going to make it easier to find that the government is impermissibly discriminating against religion.
The lease-leaseback method of project delivery allowed new schools in California to be built without the need for up-front project financing, but some parties may be abusing the program.
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.
Monday, June 11, 2018
No summary was provided
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
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
Many proposals on this week's ballot will raise local taxes directly, or indirectly through issuance of bonds that would require higher property taxes to repay.
Assembly Bill 2069 is the latest legislative effort to provide protections to employees who are medical marijuana cardholders.
Tuesday, June 5, 2018
The California Supreme Court's recent decision in Dynamex v Lee changes the way businesses evaluate their employee classifications.
Monday, June 4, 2018
Patent owners may have finally caught a break with the U.S. Patent and Trademark Office's recent rules announcement that would change an often-criticized policy.
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.
Thursday, May 31, 2018
Skechers and adidas are athletic shoe and apparel manufacturers who have a long history of litigation between them arising out of claims that Skechers has repeatedly infringed upon adidas' trademarks.
Wednesday, May 30, 2018
No summary was provided
Tuesday, May 29, 2018
No summary was provided
Friday, May 25, 2018
Consider the benefits of working another year or more before retirement.
Litigants value early case assessment by their law firms for obvious business reasons. This exercise is uniquely important in trade secret cases.
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.
Monday, May 21, 2018
The failure to effectively communicate is often at the center of malpractice or disciplinary complaints.
Friday, May 18, 2018
Freelance professionals have unique opportunities and challenges when it comes to creating a viable path to financial security.
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.
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.
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.
This month nonprofits should know about a new bill could affect charitable crowdfunding, the California Supreme Court's recent employee classification ruling, and the IRS rolling out a database to confirm whether an organization can receive charitable donations.
On May 10, the California Supreme Court issued an order approving a new set of Rules of Professional Conduct, the first comprehensive overhaul of California's ethics rules since 1989.
Wednesday, May 16, 2018
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.
With a goal of fueling long-term private sector investment in low-income urban and rural communities, the Tax Cuts and Jobs Act includes a provision creating "Opportunity Zones."
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.
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
No summary was provided
George Deukmejian, who quietly practiced law in Southern California after leaving the governorship in 1991, died last week at age 89.
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?
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.
Friday, May 11, 2018
For many investors, cash helps protect a portion of income against market volatility and provides the ability to generate a competitive return.
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.
Thursday, May 10, 2018
Ninth Circuit finds monkeys cannot sue for copyright infringement
Ninth Circuit finds monkeys cannot sue for copyright infringement
If a shipment originates out of state or out of the country and is transported into California, for example, and then from the port of Los Angeles to a destination in Los Angeles, it is said to be "in interstate of foreign commerce," despite the fact that it never leaves the state.
Under a claims-made-and-reported policy, the consequences of a delay in reporting can be disastrous, namely a complete loss of coverage.
Wednesday, May 9, 2018
California's economy has climbed in global rankings to 5th place behind only the United States as whole, China, Japan and Germany.
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?
Tuesday, May 8, 2018
Lower immigration and birth rates have caused a decline in California's population growth.
Monday, May 7, 2018
Comprehensive tax reform will require heavy political lifting.
Friday, May 4, 2018
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.
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.
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.
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."
Tuesday, May 1, 2018
There is a cyclical quality to California's perennial debate over taxation, one most evident in the tax-related ballot measures placed before voters.
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
A recent ruling follows California's fundamental precepts that the duty to defend is broad, exclusions are to be narrowly interpreted, and even a small portion of an otherwise excluded complaint can trigger the duty to defend.
Consider taking steps to prepare for potential changes in the investment environment that could be caused, in part, by inflation
Thursday, April 26, 2018
Even a moderate recession, the Brown administration projects, could cost the state $60 billion in lower revenues over three years, underscoring the need to build a hefty reserve as a cushion.
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.
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
There's a mountain of evidence suggesting that the quality of our relationships has been in steady decline for decades. Over the past five years, loneliness, suicide rates and depression have abruptly gotten worse.
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
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.
Currently, no agency has classified acrylamide as a "known" carcinogen. Yet, according to this new ruling, coffee sold in California must state exactly that.
Thursday, April 19, 2018
The Music Modernization Act is the product of broad consensus adopted by both the music business and its historic combatants.
The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act ("DMCA").
A recent Federal Circuit decision is another example of how to reason through whether the written description is satisfied.
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.
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.
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.
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.
Wisconsin has enacted a first-of-its-kind law requiring disclosure of third-party financing. Are litigation funder concerns overblown?
Set sail with Gary Watt on a voyage through the California Rules of Court for civil appeals. The booty: MCLE credit.
Monday, April 16, 2018
Proposed revisions to the Rules of Court would modify the rules for attorneys in conservatorship proceedings.
The Supreme Court should grant certiorari in this case to correct the 9th Circuit's misapplication of the market participation doctrine and affirm that states and local governments may not substitute their judgment on labor policy for that of Congress.
Market volatility does not always mean you need to make changes to your portfolio. There are things you can do to prevent fear from getting the best of you.
Friday, April 13, 2018
Two new employment laws have expanded parental leave rights with the chance that the new regulations could expand compliance obligations.
Artists are already using the technology to allow consumers to directly purchase and download music.
You might still think that the biggest tax debate about bitcoin and other cryptocurrency is about whether you should or shouldn't report it.
Thursday, April 12, 2018
A recent ruling rolled back the FCC's broad definition of "automatic dialing system" under the Telephone Consumer Protection Act.
The number and variety of emotional support animals seem to expand yearly. Also expanding is the amount of litigation involving these animals.
California is experiencing what educators call an "achievement gap."
Wednesday, April 11, 2018
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.
The U.S. Supreme Court will first review an act of President Donald Trump's leadership on April 25 in Trump v. Hawaii.
While parties generally understand the intent behind indemnity provisions, few understand how they are actually applied.
Tuesday, April 10, 2018
Dropbox had a strong market debut last week and has reassured investors with large holdings in other private start-ups.
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.
Corbin Barthold reviews Steve Pinker's latest book, "Enlightenment Now: The Case for Reason, Science, Humanism, and Progress."
FBLawsuits should not be the first recourse to sound mental health policy and effective programs.
Last week, the Food and Drug Administration exercised its mandatory recall authority under the Food Safety Modernization Act for the first time.
Friday, April 6, 2018
There are a variety of ways grandparents can help their grandchildren financially in the pursuit of a college degree.
In the first civil action connected to Orange County's jailhouse informants controversy, the ACLU has sued the district attorney and sheriff.
Thursday, April 5, 2018
Were a citizenship question to depress the census count in California and other states with high immigrant populations, it could also depress their clout in Congress.
There are four types of intellectual property protection, and it is important to understand the distinctions between them to keep your business safe.
Wednesday, April 4, 2018
Sacramento is no stranger to protest marches and other forms of political expression. However, the city has never experienced anything as emotionally powerful as the almost daily marches and rallies to condemn the city police shooting death of 22-year-old Stephon Clark.
President Trump recently signed into law the Consolidated Appropriations Act, which includes a section on tipped employees that mirrors the proposed Tip Income Protection Act.
The Supreme Court decided a case on Monday that has played-out in a back-and-forth between the 9th Circuit and the high court over whether a Fair Labor Standards Act exemption covers service advisors.
Tuesday, April 3, 2018
This year is shaping up as a great year to die because of recent changes to estate tax rules. We're back to some good times for dying following the big federal tax reform passed December 2017.
California averages one economic boom and one bust per decade and the state's recovery from the Great Recession now has lasted well beyond historic expectations. In other words, as Gov. Jerry Brown often points out, California is overdue for a downturn.
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.
Most lawyers who represent appellants lose. In recent years, the statistics are pretty consistent.
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.
As the U.S. Supreme Court ponders compelled payment of agency fees, labor unions prepare for the outcome.
Friday, March 30, 2018
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.
Would today's voters be willing to make a major change in the state's iconic property-tax limitation? They may be given the opportunity in a proposed November ballot measure that would remove Proposition 13's limits from commercial properties such as retail stores, warehouses and factories, raising property taxes on them by $6 billion to $10 billion a year.
Los Angeles residents will remember that in 2016, news agencies reported that anti-gentrification activists in the Latinx neighborhood of Boyle Heights held antic, and sometimes nerve-wracking, protests against art galleries.
Thursday, March 29, 2018
Lawsuit claims LegalZoom engages in the unauthorized practice of law when its non-attorneys instruct customers on how to register trademarks.
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.
Wednesday, March 28, 2018
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.
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?
Tuesday, March 27, 2018
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.
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
Franchisors must be mindful of their business practices to avoid being held liable for labor law violations committed by franchisees and contractors, and to avoid assuming new collective bargaining obligations.
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.
The Legislature operates by its own rules, rather than those it imposes on others.
Monday, March 19, 2018
The Internal Revenue Service announced this week that it will close the Offshore Voluntary Disclosure Program on Sept. 28, 2018.
What's magical about the number 68? Nothing at all.
Friday, March 16, 2018
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.
I am generally pleased to note that the vast majority of the current field of candidates for Los Angeles County Superior Court judgeships have taken these reforms to heart.
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.
Dealing with California's housing crisis will require some very difficult political decision making, and whether it eases or grows worse will be a hallmark test for the next governor, whoever it might be.
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.
The California Supreme Court recently held that the act does apply to claims involving actual damages in newly constructed in residential housing.
The U.S. Supreme Court is expected to decide by June on a case brought by New Jersey seeking to overturn a federal ban on sports betting in all but four states (Delaware, Montana, Nevada and Oregon).
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.
U.S. Attorney General Jeff Sessions says he is suing the state to overturn three laws aimed at helping millions of undocumented immigrants avoid deportation.
Monday, March 12, 2018
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.
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.
Hers has been a lifetime of firsts.
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.
Capitalize on the benefits of having an ownership stake in your employer's firm while maintaining a well-diversified portfolio.
Thursday, March 8, 2018
The on-sale bar can be raised as a defense in patent infringement litigation.
So far, electing a new governor of California has resembled a game of musical chairs.
Wednesday, March 7, 2018
California's commission process for redistricting isn't perfect, but it's one that other states should emulate.
Tuesday, March 6, 2018
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 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.
Last week, the 2nd Circuit joined the 7th Circuit in ruling that Title VII prohibits discrimination based on sexual orientation.
For now, unless I have reason not to do so, all incumbent judges have my vote.
It used to be the case that user-generated content was seen as free for the taking.
Monday, March 5, 2018
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.
The U.S. Supreme Courts is poised to answer a key antitrust issue in a case against American Express.
Friday, March 2, 2018
If you've experienced a life event this year, review your benefits and determine if you need to make new or different elections to ensure the desired insurance coverage for you and your family.
Up until 2017, the California Code of Civil Procedure was unclear as to how one was to calculate deadlines for amending pleadings without leave of court within the context of motions to strike.
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.
The fact that the IRS says crypto is property might prompt you to consider the concept of ownership. Wouldn't it be nice if some looming tax problem turned out not to be yours, but instead, was someone else's?
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.
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.
The data behind how four common California dreams — 1) being, and staying, middle class 2) having your children do better than you 3) escaping poverty 4) owning a home — are slipping away.
Wednesday, February 28, 2018
Never judge the true tenor of a political party by what happens at its convention. Last weekend's Democratic gabfest was a case in point.
A recent Delaware Supreme Court ruling grapples with due process concerns and demand futility.
Tuesday, February 27, 2018
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.
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.
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.
Monday, February 26, 2018
In 1994, Indra Nooyi joined PepsiCo as a chief strategist; 12 years later, she was named its CEO. Today, she oversees 260,000 global employees and a snack empire that includes Frito-Lay chips, Tropicana juices, Quaker foods and of course lots of soda.
Friday, February 23, 2018
With market performance where it is, it may make sense to review your portfolio and determine if changes are appropriate.
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.
Recently, the Polish government has come under fire for proposing legislation that would criminalize equating the Poles' complicity with Nazis' crimes.
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.
Wednesday, February 21, 2018
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.
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.
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
Over the years, my view of the usefulness of moot courts has evolved.
Tuesday, February 20, 2018
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.
An initiative awaiting clearance for signature-gathering would create a so-called "split roll," preserving Proposition 13's property tax limits for homes and residential rental units, but removing them for other commercial and industrial properties.
The latest corporate transactions from around the region.
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.
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.
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.
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.
Wednesday, February 14, 2018
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.
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.
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.
Tuesday, February 13, 2018
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
Renewal of Sacramento's expiring half-cent tax would cover perhaps half of the projected increase in annual pension costs, but crowd out other services the tax now finances. Were voters to double it to a full cent, virtually every new dollar it generated would be needed to pay increased CalPERS demands.
Americans all know that your signature is also called your John Hancock, after the patriot who signed the Declaration of Independence with the brio of a graffiti artist. But no one seems to appreciate that John neither taught handwriting or sold life insurance.
Foreign lawyers and foreign parties to international commercial agreements have largely bypassed California and have chosen to seat their arbitrations outside of California.
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
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.
Gov. Jerry Brown is trying tries to convince the Legislature and a skeptical community college faculty that online education is the key to reaching the 2.5 million Californians aged 25 to 34 who graduated from high school but lack a college degree.
Despite the fact these contracts end up in civil court when litigated, few civil attorneys, let alone family law attorneys, handle these cases or prepare non-marital cohabitation agreements.
Filing public nuisance suits against oil companies for making and distributing fossil fuels is not the right way to fashion intelligent environmental policy.
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 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.
The ruling is the first to hold an internet service provider liable for copyright infringement by its customers, making it a case with serious consequences for ISPs and internet users.
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.
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.
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.
This should sound obvious. But litigation is complicated, and a win rarely emerges after a completely one-sided process.
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.
Tuesday, February 6, 2018
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.
One of California's most complex and unusual financial/political/legal conflicts was settled last week, but the deal left a couple of mysteries.
I believe I have been, pardon the expression, "sucked" — no, "drawn" is a better word — drawn into a relationship with Siri.
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.
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.
It will be different this year -- and that difference will, counterintuitively, increase the budget's political friction.
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.
Associates serve two masters: Their "bosses" at their firms, and the Rules of Professional Conduct.
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 may make sense to use both active and passive investments to effectively build and manage a diversified portfolio.
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.
Thursday, February 1, 2018
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
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.
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?
Monday, January 29, 2018
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.
Governor Jerry Brown, delivering his last State of the State speech, contrasted California with the direction the United States is heading under Republican President Donald Trump—touting the state's efforts to combat climate change and its embrace of Obamacare.
A Los Angeles Bitcoin investor sued a Japanese bank for allegedly losing over $400 million in digital currency.
The Tax Cuts and Jobs Act is anything but simplifying with respect to its international tax code provisions. Co
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.
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.
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?
Electronic logging records will make a personal injury lawyer's job easier when proving a driver involved in an accident had exceeded the time he or she could lawfully remain behind the wheel.
Thursday, January 25, 2018
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.
Only three states have statutes dedicated to protecting consumers' biometric information. Here's what California can learn.
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.
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.
In 2017, California appellate courts issued several insurance-related decisions. Three are of particular significance.
Tuesday, January 23, 2018
Children in California's K-12 public school system trail badly in educational accomplishment.
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?
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.
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.
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.
Friday, January 19, 2018
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.
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.
In practice, Gov. Jerry Brown has not always adhered to the principle of "subsidiarity," but has been particularly stubborn about applying it to the state's six-million-student public education system, rejecting demands of education reformers for more state intervention on behalf of "high-needs" students.
Merely requiring clinics to post a notice informing women of the availability of free or low-cost reproductive health care services does not violate the First Amendment.
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.
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.
Thursday, January 18, 2018
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.
A look at two major figures in the California Legislature can teach a lesson about human behavior.
The Miller Law Firm secured a $15.6 million construction defect settlement for the homeowners' associations of the 81-unit La Costa Resort Villas development in Carlsbad.
The Miller Law Firm secured a $15.6 million construction defect settlement for the homeowners' associations of the 81-unit La Costa Resort Villas development in Carlsbad.
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
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
A desire for comfort, both physical and mental, has fueled the growth of women's-only co-working spaces — some highly branded and with significant membership fees.
Purchasing a business comes with numerous financial considerations. There are steps to consider before signing on the dotted line.
Thursday, January 11, 2018
Summary of key updates to employment documents, notices and postings, policies and employee handbooks, internal processes, and training programs.
On Wednesday, Brown proposed the 16th and final budget of his record-long gubernatorial career. It totals $190.3 billion, but according to staff, would spend roughly the same percentage of Californians' personal income as it did 43 years ago, a bit less than 8 percent.
A desire for comfort, both physical and mental, has fueled the growth of women's-only co-working spaces — some highly branded and with significant membership fees.
A desire for comfort, both physical and mental, has fueled the growth of women's-only co-working spaces — some highly branded and with significant membership fees.
Wednesday, January 10, 2018
Purchasing a business comes with numerous financial considerations. There are steps to consider before signing on the dotted line.
A desire for comfort, both physical and mental, has fueled the growth of women's-only co-working spaces — some highly branded and with significant membership fees.
A desire for comfort, both physical and mental, has fueled the growth of women's-only co-working spaces — some highly branded and with significant membership fees.
A desire for comfort, both physical and mental, has fueled the growth of women's-only co-working spaces — some highly branded and with significant membership fees.
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.
State legislators are floating some creative schemes to blunt the impact of the new federal tax law on California taxpayers.
Monday, January 8, 2018
Trademarks deemed vulgar are still protected by the First Amendment. | Intellectual Property Perspectives | By Josh Escovedo
Friday, January 5, 2018
Ways to stay motivated to achieve financial goals.
The size and cultural complexity of California spawns many unique political conflicts, and none more so than a years-long, multi-party squabble within the nation's largest judicial system. The new year will doubtless see renewal of the power struggle.
The school's 59 percent passing rate was better than seven ABA institutions
The school's 59 percent passing rate was better than seven ABA institutions
Thursday, January 4, 2018
Part 2 of a two-part series providing an overview of new California employment laws.
The Democratic supermajority is in trouble in California. What will happen?
The school's 59 percent passing rate was better than seven ABA institutions
The school's 59 percent passing rate was better than seven ABA institutions
Wednesday, January 3, 2018
2017 was the year Twitter commandeered politics.
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.
Tuesday, January 2, 2018
Some studio lawyers insist that no third-party brands may be used under any circumstances without permission.
The head of an EB-5 regional center is accused of abandoning his sinking ship near the Port of Los Angeles and leaving a marine company to foot the bill.
Deputy Public Defender Steve Binder has played a central role in the program's spread.
Friday, December 29, 2017
Saving for retirement should be a top financial priority. It's worth it to commit to saving today.
We don't know what initiative measures will make it to the ballot, but it's likely to be a potpourri of special interest gambits, ideological symbolism and serious governance proposals.
Thursday, December 28, 2017
We don't know what initiative measures will make it to the ballot, but it's likely to be a potpourri of special interest gambits, ideological symbolism and serious governance proposals.
We don't know what initiative measures will make it to the ballot, but it's likely to be a potpourri of special interest gambits, ideological symbolism and serious governance proposals.
We don't know what initiative measures will make it to the ballot, but it's likely to be a potpourri of special interest gambits, ideological symbolism and serious governance proposals.
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.
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 Los Angeles Superior Court judge ruled that two brothers in a long-running real estate battle worth $1 billion could not reignite litigation against another brother because they had previously sworn under oath that they had no stake in the partnership they were trying to gain some control of.
A Los Angeles Superior Court judge ruled that two brothers in a long-running real estate battle worth $1 billion could not reignite litigation against another brother because they had previously sworn under oath that they had no stake in the partnership they were trying to gain some control of.
A Los Angeles Superior Court judge ruled that two brothers in a long-running real estate battle worth $1 billion could not reignite litigation against another brother because they had previously sworn under oath that they had no stake in the partnership they were trying to gain some control of.
Tuesday, December 26, 2017
Investors have increasingly turned to international stocks and bonds to diversify their portfolio over the long term. There are considerations to keep in mind.
The twin ports of Los Angeles and Long Beach have become vital economic powerhouses.
Friday, December 22, 2017
Investors have increasingly turned to international stocks and bonds to diversify their portfolio over the long term. There are considerations to keep in mind.
As legal cannabis moves from campaign pitch to reality—amid lots of lobbying by industry groups along the way—some details of the plan have changed. Voters may not get what they expected.
The state's K-12 system prepares too few students for college admission and – more importantly – college success. And there are physical and organizational shortcomings in the state's public universities that impede the pathway to graduation.
A Los Angeles Superior Court judge ruled that two brothers in a long-running real estate battle worth $1 billion could not reignite litigation against another brother because they had previously sworn under oath that they had no stake in the partnership they were trying to gain some control of.
A Los Angeles Superior Court judge ruled that two brothers in a long-running real estate battle worth $1 billion could not reignite litigation against another brother because they had previously sworn under oath that they had no stake in the partnership they were trying to gain some control of.
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.
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.
Wednesday, December 20, 2017
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.
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.
Attorneys and law students are helping the Orange County transgender community navigate legal name and gender marker changes.
Attorneys and law students are helping the Orange County transgender community navigate legal name and gender marker changes.
Attorneys and law students are helping the Orange County transgender community navigate legal name and gender marker changes.
Tuesday, December 19, 2017
Their wait for service was unusually long, and later, as she used the wheelchair more and more, she understood why. In the chair she became invisible.
Monday, December 18, 2017
Every year at this time, I look at a few of the most interesting U.S. patents with had the word "Christmas" in the title.
Attorneys and law students are helping the Orange County transgender community navigate legal name and gender marker changes.
Attorneys and law students are helping the Orange County transgender community navigate legal name and gender marker changes.
Attorneys and law students are helping the Orange County transgender community navigate legal name and gender marker changes.
Friday, December 15, 2017
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.
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.
Thursday, December 14, 2017
While California's economy is largely driven by Silicon Valley's digital innovation, its state government in Sacramento, just 100 miles northeast, has abysmally failed to use that technology effectively.
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.
Tuesday, December 12, 2017
Lt. Gov. Gavin Newsom and former Los Angeles Mayor Antonio Villaraigosa, two candidates for governor who run a close 1-2 in the polls, are exhibiting serious differences over education policy that next year's campaign may magnify.
A settlement requires two companies to shut down their businesses and donate their remaining tissue and cells, valued at nearly $7.6 million.
A settlement requires two companies to shut down their businesses and donate their remaining tissue and cells, valued at nearly $7.6 million.
Monday, December 11, 2017
Democratic politicians push laws and regulations to help unions expand their memberships, believing that workers' lives are improved by union representation.
How could these two men significantly change the dynamic among serious investors on the coasts to reorient their focus on cities, many of them suffering from the erosion of manufacturing, in the Rust Belt and elsewhere?
Democratic politicians push laws and regulations to help unions expand their memberships, believing that workers' lives are improved by union representation.
Democratic politicians push laws and regulations to help unions expand their memberships, believing that workers' lives are improved by union representation.
Friday, December 8, 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.
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.
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.
A new report from the federal Bureau of Economic Analysis hints that a recession may have started in California.
Wednesday, December 6, 2017
Politicians ensnared in the harassment scandal can affect the Legislature's delicate balance of power.
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.
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.
Tuesday, December 5, 2017
It's time for my annual "gifts with meaning" guide, with suggestions for presents that won't just clog a chest of drawers.
Top aides of University of California president Janet Napolitano intervened when the state's auditor confidentially asked leaders of individual UC campuses about how Napolitano was handling certain finances. There was an independent investigation.
Monday, December 4, 2017
A developer looking to build 1,130 hotel rooms across from the Los Angeles Convention Center received city approval last week for a proposal to provide the project with more than $67 million in public assistance over 25 years.
For 15 years straight, nurses have topped the Gallup Poll list of professions that Americans say are most honest and ethical.
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.
Although the Metropolitan Water District of Southern California officially backs Governor Jerry Brown's WaterFix project, its largest member agency, the San Diego County Water Authority, is highly critical, so continued backing in Southern California is not certain.
Thursday, November 30, 2017
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.
Mac Taylor, the Legislature's top adviser on the state budget, delivered some superficially good news this month to his bosses. With no economic downturn on the horizon, he said in his annual survey of the state's fiscal situation, there should be no problem writing a balanced 2018-19 budget next year.
Wednesday, November 29, 2017
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.
Tuesday, November 28, 2017
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
Employers must understand the legal parameters of obtaining and using criminal history.
Insiders with direct knowledge of the process say that multiple lists of federal judicial and U.S. attorney candidates have been submitted by the White House to Senators Dianne Feinstein and Kamala Harris for vetting.
Insiders with direct knowledge of the process say that multiple lists of federal judicial and U.S. attorney candidates have been submitted by the White House to Senators Dianne Feinstein and Kamala Harris for vetting.
Friday, November 24, 2017
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.
Wednesday, November 22, 2017
Distorting the language of a repeal ballot measure should not be allowed. We need to prevent it.
The plaintiff was either an obstreperous financial executive gunning for a lawsuit or the victim of a witch hunt.
The plaintiff was either an obstreperous financial executive gunning for a lawsuit or the victim of a witch hunt.
Monday, November 20, 2017
Upcoming tax season will be complex. Planning early with an accountant will save money and spare headaches.
Attorneys are assisting clients using the digital ledger technology often associated with bitcoin.
After 11 years of litigation including a Supreme Court decision that revolutionized California employment lawsuits and the departure of the case's named plaintiff, Arshavir Iskanian, a case on behalf of CLS Transportation limo drivers settled for undisclosed terms.
After 11 years of litigation including a Supreme Court decision that revolutionized California employment lawsuits and the departure of the case's named plaintiff, Arshavir Iskanian, a case on behalf of CLS Transportation limo drivers settled for undisclosed terms.
Friday, November 17, 2017
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.
Polls indicate Californians don't like the gas tax, but transportation systems need fixing. Politicians need to find a solution.
Thursday, November 16, 2017
Gorilla Glue #4 pot strain may need to rebrand.
Gov. Jerry Brown was on message throughout his nearly two-week trip through Europe: Climate change is a serious threat, California is doing its part—and, especially, come to San Francisco next year for a climate conference that gets things accomplished.
California's political and legal war over whether the state's six million K-12 students are being adequately educated pits the state's education establishment against a coalition of civil rights groups, education reformers and charter school advocates over the "achievement gap" that separates poor children, particularly Latinos and African-Americans, from more privileged white and Asian students.
Wednesday, November 15, 2017
No summary was provided
No summary was provided
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.
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.
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.
A Hollywood writer who has not defended a $56 million wrongful death suit for more than a year escaped paying up Monday after a Los Angeles County judge granted his motion to set aside the default judgment because he wasn't properly noticed in time.
A Hollywood writer who has not defended a $56 million wrongful death suit for more than a year escaped paying up Monday after a Los Angeles County judge granted his motion to set aside the default judgment because he wasn't properly noticed in time.
A Hollywood writer who has not defended a $56 million wrongful death suit for more than a year escaped paying up Monday after a Los Angeles County judge granted his motion to set aside the default judgment because he wasn't properly noticed in time.
Monday, November 13, 2017
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.
The blue wave—which swept up statehouse races in Virginia, New Jersey and New Hampshire, municipal contests in Pennsylvania, a special election in Washington state, and a Medicaid expansion vote in Maine— was as much a referendum on what's happening in Washington D.C. as it was a rebuke of local lawmakers.
Personal injury attorney Taylor Rayfield set records as a member of the University of North Carolina volleyball team.
Personal injury attorney Taylor Rayfield set records as a member of the University of North Carolina volleyball team.
Personal injury attorney Taylor Rayfield set records as a member of the University of North Carolina volleyball team.
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.
Thursday, November 9, 2017
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.
The Unemployment Insurance Fund is a case study in political mismanagement.
Tuesday, November 7, 2017
The Trump administration has proposed nearly tripling the entrance fees to select national parks, making it prohibitively expensive for many to enter.
Since 1993, Arash Homampour has built his eponymous firm to only take big cases to trial.
Since 1993, Arash Homampour has built his eponymous firm to only take big cases to trial.
Monday, November 6, 2017
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.
Legislative leaders need to clean up the mess they allowed to fester even as they professed fidelity to a progressive state's politically correct values.
Gov. Jerry Brown named three appellate justices and 34 superior court judges on Thursday.
Friday, November 3, 2017
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.
The multibillion-dollar package of improvements to highways, streets and other transportation facilities enacted by the Legislature and Gov. Jerry Brown this year may do little, if anything, to relieve traffic jams.
The multibillion-dollar package of improvements to highways, streets and other transportation facilities enacted by the Legislature and Gov. Jerry Brown this year may do little, if anything, to relieve traffic jams.
The multibillion-dollar package of improvements to highways, streets and other transportation facilities enacted by the Legislature and Gov. Jerry Brown this year may do little, if anything, to relieve traffic jams.
The multibillion-dollar package of improvements to highways, streets and other transportation facilities enacted by the Legislature and Gov. Jerry Brown this year may do little, if anything, to relieve traffic jams.
Thursday, November 2, 2017
California authorities are confronting the opioid crisis with public education campaigns and local community coalitions.
The dramatic rise of the San Francisco Bay Area into a globally important cultural and economic powerhouse is a case study in regional cohesion. Sacramento's regional leaders say they want to emulate it. But they'll have to get their act together first.
Inevitably "top 10 legal movie" lists are compiled with favorites like "To Kill a Mockingbird," "Anatomy of a Murder" and "12 Angry Men" on nearly all of them.
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.
Workplace site inspections by the government to prevent fraud in the H-1B work visa program fail to fully protect against abuse of the system, according to a report released by the U.S. Department of Homeland Security Office of Inspector General.
Workplace site inspections by the government to prevent fraud in the H-1B work visa program fail to fully protect against abuse of the system, according to a report released by the U.S. Department of Homeland Security Office of Inspector General.
Wednesday, November 1, 2017
Eric Garcetti won't be running for governor next year. He may be exploring a presidential run.
Tuesday, October 31, 2017
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.
A public defender's briefly tearful argument prompted an Orange County Superior Court judge on Friday to postpone his re-sentencing of a convicted child molester whose original lenient sentence led to a recall campaign and appellate reversal.
Monday, October 30, 2017
Student loan forgiveness is getting more complicated. One example shows how it can become a nightmare.
Student loan forgiveness is getting more complicated. One example shows how it can become a nightmare.
Friday, October 27, 2017
In a settlement over a lawyer tax, the city of Los Angeles will stop mandating attorneys include reimbursed expenses in their gross receipts and refund those who overpaid the taxes.
In a settlement over a lawyer tax, the city of Los Angeles will stop mandating attorneys include reimbursed expenses in their gross receipts and refund those who overpaid the taxes.
The night was supposed to be an unbridled celebration.
Thursday, October 26, 2017
Allergan case brings up questions about sovereign immunity.
Next week, the U.S. Supreme Court will hear arguments in a bankruptcy case that may prove to address the scope of federal bankruptcy courts' authority, though attorneys say a narrow ruling on standards of review is just as likely.
The four Democratic candidates for governor assembled Tuesday to talk about the "state's big issues" and whether they "have the ideas and resolve to meet them."
Wednesday, October 25, 2017
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.
Tuesday, October 24, 2017
Political executives – presidents and governors, especially – are judged by how they handle crises. Jerry Brown is improving with his response to recent crises.
California GOP's semi-annual convention in Orange County showed that the Republican party is Trump's party now.
Next week, the U.S. Supreme Court will hear arguments in a bankruptcy case that may prove to address the scope of federal bankruptcy courts' authority, though attorneys say a narrow ruling on standards of review is just as likely.
Next week, the U.S. Supreme Court will hear arguments in a bankruptcy case that may prove to address the scope of federal bankruptcy courts' authority, though attorneys say a narrow ruling on standards of review is just as likely.
Next week, the U.S. Supreme Court will hear arguments in a bankruptcy case that may prove to address the scope of federal bankruptcy courts' authority, though attorneys say a narrow ruling on standards of review is just as likely.
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.
Monday, October 23, 2017
Paying for college is complex. Legislation aims at making it easier.
More than 140 women –California legislators, Capitol staffers, lobbyists and political consultants – signed an open letter denouncing "pervasive" sexual harassment and other forms of misconduct in state politics. "Each of us who signed this op-ed will no longer tolerate the perpetrators or enablers who do," the letter reads. Nor should we.
Friday, October 20, 2017
Some tips to guide support for disaster relief so that generosity helps rather than hinders relief efforts.
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.
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.
Petty efforts to dictate personal behavior can occur only because one political party so completely dominates that its members believe they have license to legislate without restraint. But in Washington, executive maturity and restraint appear to be in short supply.
Wednesday, October 18, 2017
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.
A source confirmed Harder stopped working with Weinstein last week.
A source confirmed Harder stopped working with Weinstein last week.
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.
Philip J. Layfield actually has "not fled the country," the personal injury attorney responded on Aug. 8 in a declaration signed in Costa Rica.
Philip J. Layfield actually has "not fled the country," the personal injury attorney responded on Aug. 8 in a declaration signed in Costa Rica.
Monday, October 16, 2017
Google May be a Verb, but Verb Use Alone Does Not Constitute Genericness
Google May be a Verb, but Verb Use Alone Does Not Constitute Genericness
A State Bar court judge recommended a one-year minimum suspension, double what the bar prosecutor requested, for an Orange County prosecutor accused of suppressing exculpatory evidence in a child abuse case.
A State Bar court judge recommended a one-year minimum suspension, double what the bar prosecutor requested, for an Orange County prosecutor accused of suppressing exculpatory evidence in a child abuse case.
Friday, October 13, 2017
Consider creating a financial emergency plan for unwelcome weather events.
But Louisette Geiss' claims are blocked by statute, leaving Allred's options limited.
Thursday, October 12, 2017
State and federal laws require employers to take appropriate steps to prevent and correct discrimination and harassment.
Both sides gearing up for fight over immigration laws.
After four years of debating mediation confidentiality exceptions against much opposition, the California Law Revision Commission has preliminarily endorsed the idea that anything said or written in a mediation should be admissible in court.
After four years of debating mediation confidentiality exceptions against much opposition, the California Law Revision Commission has preliminarily endorsed the idea that anything said or written in a mediation should be admissible in court.
After four years of debating mediation confidentiality exceptions against much opposition, the California Law Revision Commission has preliminarily endorsed the idea that anything said or written in a mediation should be admissible in court.
Wednesday, October 11, 2017
Dianne Feinstein announced on Twitter Monday morning that she'll seek another U.S. Senate term next year.
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?
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?
Monday, October 9, 2017
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.
Now, government regulators and enforcement agencies are not only taking notice, but taking steps to assert their jurisdiction and curb abuses.
Some commentators emphasize the potential seismic impact of the Supreme Court holding that the NLRA substantive protection of employee concerted activity and prohibition of employer interference in that activity "trumps" the FAA.
Under existing California law, a court is generally required to order parties to arbitrate a dispute when a party alleges the existence of a written agreement to arbitrate a controversy and a party to that agreement refuses to arbitrate.
Friday, October 6, 2017
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.
Judges of Central District of California split on whether lack of federal standards matters.
Judges of Central District of California split on whether lack of federal standards matters.
Judges of Central District of California split on whether lack of federal standards matters.
Thursday, October 5, 2017
Following his retirement from the 2nd District Court of Appeal, Richard D. Aldrich has joined the JAMS Resolution Center.
Following his retirement from the 2nd District Court of Appeal, Richard D. Aldrich has joined the JAMS Resolution Center.
Following his retirement from the 2nd District Court of Appeal, Richard D. Aldrich has joined the JAMS Resolution Center.
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
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.
A former employee of the Glendale city attorney's office has been charged with embezzling $609,764 she illegally obtained by creating documents to make it appear the money was being used to pay civil claims against the city.
Tuesday, October 3, 2017
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.
A case alleging that a financial company is vicariously responsible for the fraudulent activities of one of its third-party mortgage brokers will proceed to trial after a motion for summary judgment by the defense was denied in part.
A case alleging that a financial company is vicariously responsible for the fraudulent activities of one of its third-party mortgage brokers will proceed to trial after a motion for summary judgment by the defense was denied in part.
A case alleging that a financial company is vicariously responsible for the fraudulent activities of one of its third-party mortgage brokers will proceed to trial after a motion for summary judgment by the defense was denied in part.
A case alleging that a financial company is vicariously responsible for the fraudulent activities of one of its third-party mortgage brokers will proceed to trial after a motion for summary judgment by the defense was denied in part.
A case alleging that a financial company is vicariously responsible for the fraudulent activities of one of its third-party mortgage brokers will proceed to trial after a motion for summary judgment by the defense was denied in part.
Monday, October 2, 2017
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.
Friday, September 29, 2017
Stock market strategists and analysts are suggesting that we could see some market volatility in the months ahead.
With the administration's recent decision to end the Deferred Action for Childhood Arrivals program, aka DACA, as well as reports that Immigration and Customs Enforcement is gearing up to conduct its largest raids ever, immigration attorneys are developing new ways to coordinate advocacy and representation.
Thursday, September 28, 2017
Trade dress protection is broader in scope than trademark protection, both because it protects aspects of packaging and product design that cannot be registered for trademark protection and because evaluation of trade dress infringement claims requires the court to focus on the plaintiff's entire selling image, rather than the narrower single facet of trademark.
A former California resident who has fought a $7.4 million tax bill for decades may not continue with his federal lawsuit alleging that the state's system to protest such bills violates due process protections.
Wednesday, September 27, 2017
If SEC chairman Walter J. Clayton is right that cyberattacks are going to happen even with the best defenses in place, then the small software flaws that hackers exploited at the SEC and Equifax add fuel to the fire of doubt about how secure anyone's information can be.
If SEC chairman Walter J. Clayton is right that cyberattacks are going to happen even with the best defenses in place, then the small software flaws that hackers exploited at the SEC and Equifax add fuel to the fire of doubt about how secure anyone's information can be.
If SEC chairman Walter J. Clayton is right that cyberattacks are going to happen even with the best defenses in place, then the small software flaws that hackers exploited at the SEC and Equifax add fuel to the fire of doubt about how secure anyone's information can be.
Tuesday, September 26, 2017
The judge who prevented the death penalty for the killer said a jury would likely have imposed it.
Monday, September 25, 2017
The Supreme Court should grant certiorari to ensure that the NSA's vast warrantless surveillance of the Internet is not insulated from judicial scrutiny.
The questions are often difficult, and the stakes are high.
The decision is the latest setback for a company that has upended public transportation across much of the world by using smartphones to connect drivers with passengers.
Friday, September 22, 2017
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.
An en banc panel of the 9th U.S. Circuit Court of Appeals wrestled Tuesday with the 21st century implications of a law signed over 100 years ago by President Woodrow Wilson.
An en banc panel of the 9th U.S. Circuit Court of Appeals wrestled Tuesday with the 21st century implications of a law signed over 100 years ago by President Woodrow Wilson.
Wednesday, September 20, 2017
Public stock markets are fundamentally broken. Now, a series of entrepreneurs are emerging with some novel ways to fix the problem.
The deals' expiration opens the door for a potential strike
Tuesday, September 19, 2017
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.
Monday, September 18, 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.
Trademark dispute between multinational conglomerate and restaurant could get interesting.
Friday, September 15, 2017
there are steps you can take to help ensure your child with special needs has sufficient financial resources along with a dedicated support system.
Orange County's district attorney asked Harvard Law School to retract a report that asserted his office is among the worst in California.
Thursday, September 14, 2017
No summary was provided
Orange County's district attorney asked Harvard Law School to retract a report that asserted his office is among the worst in California.
Orange County's district attorney asked Harvard Law School to retract a report that asserted his office is among the worst in California.
Orange County's district attorney asked Harvard Law School to retract a report that asserted his office is among the worst in California.
Wednesday, September 13, 2017
No summary was provided
No summary was provided
No summary was provided
Tuesday, September 12, 2017
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.
Education Secretary Betsy DeVos has announced plans to modify Obama-era rules regarding campus sexual assault. By Barbara Bryant
Monday, September 11, 2017
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
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.
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.
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.
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.
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
Americans need to reconnect with our ancient ideals and reconnect with the land.
Thursday, August 31, 2017
Some of the most common misconceptions or myths about patents.
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.
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.
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
An attorney for a concert organizer blasted his former law firm in a trial over an investment agreement in opening arguments Monday.
An attorney for a concert organizer blasted his former law firm in a trial over an investment agreement in opening arguments Monday.
An attorney for a concert organizer blasted his former law firm in a trial over an investment agreement in opening arguments Monday.
An attorney for a concert organizer blasted his former law firm in a trial over an investment agreement in opening arguments Monday.
Tuesday, August 29, 2017
The city of Santa Monica was not amused Friday when a judge cited an obscure state law on amusement workers to keep afloat a class action filed by the city lifeguards.
The city of Santa Monica was not amused Friday when a judge cited an obscure state law on amusement workers to keep afloat a class action filed by the city lifeguards.
The city of Santa Monica was not amused Friday when a judge cited an obscure state law on amusement workers to keep afloat a class action filed by the city lifeguards.
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.
Friday, August 25, 2017
Engaged couples should make good financial communication a priority.
The panel ruled 2-1 that Telephone Consumer Protection Act claims are inherently based on a breach of privacy.
Whether this Roundup ingredient should be listed as a carcinogen is just the beginning. Next comes 'natural' labeling suits.
Thursday, August 24, 2017
There's a disconnect between California's trademark statutes and the laws governing legal cannabis use.
This might seem obvious. However, a recent California Supreme Court ruling shows how a simple failure of proof can play out.
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.
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.
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
An appeal that triggered an avalanche of plaintiffs' employment bar amicus briefs did not seem to draw much interest from an appellate panel Monday.
An appeal that triggered an avalanche of plaintiffs' employment bar amicus briefs did not seem to draw much interest from an appellate panel Monday.
An appeal that triggered an avalanche of plaintiffs' employment bar amicus briefs did not seem to draw much interest from an appellate panel Monday.
An appeal that triggered an avalanche of plaintiffs' employment bar amicus briefs did not seem to draw much interest from an appellate panel Monday.
Tuesday, August 22, 2017
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.
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.
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.
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.
The case involves whether a plaintiff has alleged a sufficiently concrete injury for purposes of Article II standing.
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.
Friday, August 18, 2017
Checklist can help organize your finances following the death of a spouse.
DreamHost put Raymond O. Aghaian of Kilpatrick Townsend & Stockton LLP on the case after receiving Department of Justice email.
DreamHost put Raymond O. Aghaian of Kilpatrick Townsend & Stockton LLP on the case after receiving Department of Justice email.
DreamHost put Raymond O. Aghaian of Kilpatrick Townsend & Stockton LLP on the case after receiving Department of Justice email.
Thursday, August 17, 2017
A few of the most common aspects of patent law that are misunderstood.
Lane Dilg has begun her new position as Santa Monica City Attorney.
Lane Dilg has begun her new position as Santa Monica City Attorney.
Wednesday, August 16, 2017
No summary was provided
California Attorney General Xavier Becerra has sued the Environmental Protection Agency, claiming it failed to respond to a Freedom of Information Act request he filed.
California Attorney General Xavier Becerra has sued the Environmental Protection Agency, claiming it failed to respond to a Freedom of Information Act request he filed.
California Attorney General Xavier Becerra has sued the Environmental Protection Agency, claiming it failed to respond to a Freedom of Information Act request he filed.
Tuesday, August 15, 2017
California Attorney General Xavier Becerra has sued the Environmental Protection Agency, claiming it failed to respond to a Freedom of Information Act request he filed.
Monday, August 14, 2017
"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
Thursday, August 10, 2017
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
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.
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
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
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.
Oftentimes, solo attorneys are faced with a difficult task of practicing law, managing a business, while continually promoting and marketing your practice.
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.
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.
Lithium — the natural resource mined from the Earth's crust — is perhaps the best-known commodity that people know the least about. Yet with multiple sovereign states betting their future on an industry bustling with electric vehicles, failure to understand the world's order on the non-renewable element could prove fatal.
Monday, July 31, 2017
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.
Friday, July 21, 2017
In the years leading up to retirement, prepare ahead of time to protect your assets and adjust as dictated by market and economic conditions.
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.
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.
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.
Thursday, July 20, 2017
Miraculous gene-editing tool brings challenges as well as benefits.
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.
Boxing great Floyd Mayweather Jr. is set to face off against MMA's Conor McGregor in Las Vegas on August 26. But in the lead-up to the fight of old against young, taxes have taken center stage.
Monday, July 17, 2017
After a long absence, attorney Paul Kiesel returns to review some of the latest tech gadgets to help you along both in and out of the courtroom.
In spite of the Supreme Court's continuing reaffirmation of the broad "potential for coverage" standard, policyholders continue to hold many misconceptions about when a duty to defend is owed.
Many artists are branching out of music and general merchandising to start businesses in related industries. To market and monetize on any situation, artists must protect their brand — their name, image and likeness.
Last week, the California Supreme Court ruled against two Encinitas homeowners who challenged the California Coastal Commission's expiration date placed on the seawall built to protect their homes.
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.
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.
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.
Monday, July 10, 2017
Buying from the REO lender can be rewarding
Friday, July 7, 2017
Consider your options when making charitable contributions.
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.
Monday, July 3, 2017
Case before the Ninth Circuit focuses on question of free speech
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
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
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."
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.
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.
Monday, June 26, 2017
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.
Friday, June 23, 2017
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.
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.
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
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
Thursday, June 22, 2017
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
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
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
Suggested actions to take after getting a new computer system.
Tuesday, June 20, 2017
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
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
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
Monday, June 19, 2017
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.
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
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.
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.
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
What Trump's proposed discretionary budget plan tells California employers about the administration's priorities. By By C. Matthew Schulz and Cynthia L. Jackson
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
Thursday, June 15, 2017
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
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
Details are scant on Trump's proposed tax reform. But one proposed provision is worth serious reflection: The reduction of tax on flow-through entities to a 15 percent flat rate. By Megan Lisa Jones
Many tout road-use charging as a way to pay for necessary repairs to U.S. public roads, but like everything road related, it has its hazards. By Dorothy J. Glancy
Tuesday, June 13, 2017
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.
Monday, June 12, 2017
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.
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
Friday, June 9, 2017
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 U.S. Supreme Court has turned back a state court's aggressive effort to decide out-of-state disputes despite the limits on general jurisdiction articulated a few years ago. By Donald Falk
Thursday, June 8, 2017
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
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
Tuesday, June 6, 2017
The guide provides direction to employers about how to conduct a "fair" investigation.
Monday, June 5, 2017
It is important to recognize several important differences here in the foreclosure process for Deeds of Trust and Mortgages.
There are important differences in the foreclosure process for Deeds of Trust and mortgages.
Property owners everywhere in California should be worried when a state agency like the Coastal Commission advances radical new theories to expand their influence over decisions that are rightly left to local governments.
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
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
Friday, June 2, 2017
As an employer, you have flexibility in choosing a plan or combination of plans that work for your business.
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
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.
Wednesday, May 31, 2017
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
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
Tuesday, May 30, 2017
Tenants in a foreclosed property must be handled with care.
Friday, May 26, 2017
Tax decisions should be one consideration in your retirement income strategy. Investing with tax diversification in mind may help you access income with different types of tax treatments in retirement. As you craft your strategy, be sure to discuss the potential tax treatment of your investments with your tax advisor.
Thursday, May 25, 2017
Case predicted to greatly limit where patent infringement cases can be filed.
Monday, May 22, 2017
FCC Chairman Ajit Pai proposes to repeal rules that would have the effect of allowing internet service providors to engage in paid prioritization — seriously endangering open access to information. By Catherine J.K. Sandoval
Friday, May 19, 2017
Amid the constantly shifting tide of laws at the federal, state and local levels, employers must ensure compliance with California's unique drug testing laws. y Ryan McCoy
Until case law addressing the Travel Consumer Restitution Corporation waiver develops, there is no certainty as to how different courts will handle its effect on subsequent lawsuits. By Laurie E. Sherwood, Sadaf Nejat and Caroline Dickey
Assembly Bill 1578 would prohibit the federal government from forcing local agencies to assist in enforcing federal marijuana laws against state-authorized cannabis businesses. By Reginald Byron Jones-Sawyer Sr. and Lynne Lyman
Thursday, May 18, 2017
Clearly, the law has not kept pace with inflation. Indeed, in 1975, the median price home in California cost $41,600. Today, the median price home costs $516,000 — a 1,140 percent increase.
As a result of a recent Federal Circuit ruling, there may be implications concerning prefiling commercial activity that practitioners, inventors and litigants should be aware of. By Abhijit Adisesh
Contrary to its critics' assertions, litigation funding is unlikely to produce an upsurge of frivolous litigation, though it could produce a wave of law firm startups and, ultimately, reshape the plaintiff bar. By Deborah Hensler
Wednesday, May 17, 2017
The U.S Supreme Court gave civil rights plaintiffs an important victory when it ruled that the city of Miami had standing to sue under the Fair Housing Act to challenge discriminatory lending by banks. By Erwin Chemerinsky
A state tax court would expedite justice by encouraging out-of-court settlement, a key feature of the federal tax court system. By Bruce Givner and Owen Kaye
It doesn't matter why the state Supreme Court rejected the rule. What matters is that prosecutors continue to seek convictions, even when they know of exculpatory evidence. By Thomas M. Hall
In a recent appellate ruling, the court determined that third parties may benefit from a statutory safe harbor whereby an agreement is binding on an LLC even if the "manager" signing has no authority to sign. By Iain Mickle and Andrea Bacchi
Living in the age of cyberhackers, law firms should consider reverting to landline phone calls and paper documents to protect client information. By Anita Taff-Rice
Tuesday, May 16, 2017
What so-called CEQA "reformers" fail to mention is that their proposed changes would severely weaken many of CEQA's key provisions to the great advantage of industry and developers. By Adrian Martinez
Friday, May 12, 2017
No summary was provided
The holding is perhaps best explained by considering the alternative: A win for the defendant would likely mean all discrimination lawsuits against public employees are subject to the anti-SLAPP statute. By James S. Azadian and Cory L. Webster
Given the amendment is rarely enforced, the order seems more of an effort by Trump to convince his base that he is getting things done. Also, the Ford Foundation provides guidance on mission-related investments. By Erin Bradrick
Tuesday, May 9, 2017
A growing number of new lawyers are embracing the possibility to move in house early in their careers.
Friday, May 5, 2017
The tribal sovereignty ruling, like the 19th century duo, the case explores ground already covered but has a dramatic impact. By Steven Kimball
The Age Discrimination in Employment Act became law in 1967, but make no mistake: age discrimination is alive and well today. By David Yeremian
Monday, May 1, 2017
California employers need to be aware that recent and future minimum wage increases affect designations of exempt employees. By Bryan L. Hawkins
California employers need to be aware that recent and future minimum wage increases affect designations of exempt employees. By Bryan L. Hawkins
Friday, April 21, 2017
Despite President Trump's February executive order which lays out seven core principles that will guide the administration's policy regarding the U.S. financial system, their policy positions on financial technology, including the use of distributed ledger technology such as the blockchain, remains murky. By Jeff Steiner and Sean Sullivan
Thursday, April 20, 2017
There has been a lack of coordinated effort to keep powerful drugs out of the hands of those who don't need them, while making sure that patients with legitimate pain maintain access to appropriate medications. By Mary Bono
Wednesday, April 19, 2017
Drama on "Dancing with the Stars" can't hold a candle to the Arbitration Two-Step recently set into motion by the California Supreme Court. By Steven B. Katz
As you'll see, Deaton had a few quibbles with the premise of our little thought experiment, though his responses were valuable nonetheless.
Monday, April 17, 2017
California is bound to play an integral role in spurring continued state-by-state legalization and in chipping away at federal marijuana prohibition.
by Hilary Bricken
Thursday, April 13, 2017
The company's "diversity holdback" mandate, which threatens to withhold up to 10 percent of an outside law firm's invoiced fees if the firm isn't diverse enough, might violate Title VII. By Tamara Kurtzman
Tuesday, April 11, 2017
The plain truth is that deputy sheriffs and police officers are not enforcing immigration law on our streets despite accusations that we are. SB 54 spreads this false narrative and is causing fear in cities and counties across the state. By Donny Youngblood
One of the most contentious areas of litigation between California employees and employers involves what's listed on the employee's pay stub or wage statement. By John C. Kloosterman and Courtney M. Osborn
Friday, April 7, 2017
Despite Trump's remarks on slashing regulation, recent developments suggest that the DOJ is still focused on prosecuting corporate fraud. By Jeffrey L. Bornstein and Andrew G. Spore
The undercover investigation of Planned Parenthood was not unlike numerous others conducted by investigative journalists seeking to uncover corruption. By John C. Eastman
Wednesday, April 5, 2017
A recent ruling serves as a stern warning to insurers that absent a true "final adjudication," they must continue to pay defense costs. By Fiona A. Chaney
Friday, March 31, 2017
In bankruptcy courts as on the playground, everyone has to wait their turn, says the U.S. Supreme Court. No cutting allowed in the priority of asset distribution. By David Kupetz
Should you file an amended return, and what are the pitfalls? By Robert W. Wood
Friday, March 24, 2017
On Wednesday, the U.S. Supreme Court purported to resolve a long simmering ambiguity in the nation's copyright law, one that has particularly bedeviled the apparel industry in Southern California. By Todd Lander
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