GUEST COLUMNS
Friday, January 10, 2020
The start of the new year is a great time to focus on your finances and put them into perspective.
Monday, January 6, 2020
Happy 2020. If you're in California, you're now subject to a spate of new laws. Natasha Singer focused on a big one: The state's landmark consumer privacy law.
Happy new year! Hopefully, you got everything you wanted for Christmas and didn't get a lump of coal. For one contractor, aptly named Black Diamond Electric, Inc., the holidays weren't so good.
"Behavioral Legal Ethics" is a relatively new area of the law that deals with how automatic and mostly unconscious processes potentially lead otherwise well-intentioned people to make self-serving decisions, and the implication of such actions for legal policymaking.
Friday, January 3, 2020
When Disney chose to delay the production and release of merchandise related to The Child—commonly referred to as Baby Yoda—from its hit series, The Mandalorian, it created a significant opportunity for unlicensed fans to create and sell such merchandise.
Three appellate courts recently reached different conclusions regarding whether a claim for contractual indemnity "arises from" protected petitioning activity within the meaning of California's anti-SLAPP statute.
The U.S. Court of Appeals for the Federal Circuit has upended divided patent infringement.
Thursday, January 2, 2020
Would you be willing to delay your retirement to help your child pay for their first car, college education or wedding? Increasingly a lot of Americans say the answer is yes.
The Federal Trade Commission (FTC) announced a record-setting $191 million settlement with the University of Phoenix (UOP) and its parent company, Apollo Education Group, Inc., following allegations that the school deceptively advertised the benefits of a UOP education.
Senate Bill is a lengthy and complicated piece of housing legislation that will significantly affect land development in California. But does the new law unreasonably curb local agencies' police power? Or is it the answer to solving the state's housing crisis?
Tuesday, December 31, 2019
Banks are caught in the between state and federal laws on marijuana. Like any other business, marijuana producers and dispensaries need bank accounts to avoid the costly and dangerous consequences of all-cash dealings.
In the early 2000's, an all-girl band called 3LW performed a song called "Playas Gon' Play," which was written by Sean Hall and Nathan Butler. "Playas Gon' Play" was initially released in May, 2001 and rose to number 81 on the Billboard's Hot 100 chart.
Monday, December 30, 2019
Earlier this year Congress enacted the Small Business Reorganization Act of 2019 with the stated goal of assisting small business debtors who have struggled to reorganize under Chapter 11.
It is an historical anomaly that Supreme Court justices are the only judicial category not currently covered by a code of conduct.
Friday, December 20, 2019
Many parents have children who have accrued significant debt while they are in college. College graduates often have multiple loans ? each one requiring its own payments on its own due date each month. Aside from parents giving money, there are steps they can encourage their child to take to help manage those debts.
Wednesday, December 18, 2019
Gov. Gavin Newsom says he wants Pacific Gas & Electric Co. to become a "radically restructured and transformed utility that is responsible and accountable?..." But how?
Tuesday, December 10, 2019
We face an important opportunity to finally put the seemingly permanent conflicts that have defined water and environmental management in California behind us, but not if we let it drift away.
Thursday, December 5, 2019
The priority date of a patent is an important aspect in protecting intellectual property. The priority date is the earliest possible filing date that a patent application is entitled to rely on; it is based on the filing dates of any related patent applications that were filed before the application (the priority chain).
Tuesday, December 3, 2019
California's juvenile justice system has evolved as we have learned more about brain development, the effects of adverse childhood experiences and social, emotional, and mental health needs of our young people.
Monday, December 2, 2019
Professional listservs for attorneys often provide a fertile ground for seeds of hypertension for risk managers and legal ethicists. Whereas these platforms offer a very useful and beneficial environment for many practitioners to roundtable ideas about the craft, they sometimes reveal misunderstandings about lawyer obligations.
Friday, November 29, 2019
In many ways, 2019 has been a miserable year for the world economy, with trade wars, geopolitical instability and slowing growth. Yet global investors in fact have much to celebrate this year — no matter where they invested their money.
Tuesday, November 26, 2019
Have you noticed that the world is on fire?
Thursday, November 21, 2019
Fox Media seeks registration of 'OK, Boomer' | Intellectual Property Perspectives | By Josh Escovedo
If you're plugged into the digital world and its constantly emerging meme trends, you've probably encountered various "OK, Boomer" memes by now.
Wednesday, November 20, 2019
Remember the children's fable about the wolf who was attempting to capture and consume the three little pigs?
Friday, November 15, 2019
The gift-giving season is fast approaching. So, if you are like a lot of people, this means you are spending time trying to brainstorm gifts to give your loved ones ? something that they will use and appreciate. For those disillusioned with giving gifts that are quickly used up or forgotten the moment the wrapping paper comes off, consider a financial gift designed to make an impact. Here are a few financial gift ideas you can feel good about giving.
Thursday, November 14, 2019
Virginia Vallejo, a well known Colombian journalist and media personality, authored the memoir "Loving Pablo, Hating Escobar". The book is a factual account of her romantic relationship with Pablo Escobar and a chronicle of the rise of the Colombian drug cartel.
Wednesday, November 13, 2019
California's economy has been booming for most of this decade and has generated a cornucopia of tax revenues for state and local governments.
Monday, November 11, 2019
A half-decade ago, Gov. Jerry Brown and the Legislature overhauled California's school finance system with the avowed goal of closing the "achievement gap" separating poor and English learner students from their more privileged classmates.
Thursday, November 7, 2019
In Arthrex Inc. v. Smith & Nephew Inc. et al., case number 18-2140, the U.S. Court of Appeals for the Federal Circuit recently considered whether the appointment of the Board's Administrative Patent Judges ("APJs") by the Secretary of Commerce, as currently set forth in Title 35, violates the Appointments Clause of the U.S. Constitution. The Federal Circuit held that the statute as currently constructed makes the APJs principal officers.
Wednesday, November 6, 2019
Having declared "I own it," Gov. Gavin Newsom is stepping up his personal involvement and political investment in the disaster-tinged bankruptcy of Pacific Gas and Electric Co., wagering his still-new governorship on reforming — or dissolving — the nation's largest investor-owned utility.
Friday, November 1, 2019
We hear frequent references in the news to the Federal Reserve (or the "Fed," as it is more commonly called). Yet, for many individual investors and consumers, the way the Fed affects their lives is a bit cloudy. So, let's clear the air.
Thursday, October 31, 2019
Should a company be required to license its patents to a competitor? That's one question that arises when intellectual property law and antitrust law intersect.
Wednesday, October 30, 2019
Apple Inc. and Google LLC are "nothing more than modern tape pirates" according to amended complaint filed Friday in a Los Angeles federal court by the rights-holder to the works of an acclaimed composer and songwriter.
Tuesday, October 29, 2019
America is a society that relies heavily on tipping. Tipping allows us to reward excellent service. However, research shows that the amount of a tip is rarely related to the quality of the service. What matters most is the size of the check. If you want bigger tips, induce your customers to order more.
Thursday, October 24, 2019
Before 1995, the term of a U.S. utility patent was 17 years from the day the patent issued. In 1994, the federal statutes were changed to make the patent term 20 years from the effective filing date of the patent application.
Tuesday, October 22, 2019
This article is Part 2 of a two-part series providing an overview of recent California Supreme Court decisions in employment law.
Monday, October 21, 2019
A Temecula doctor has been found guilty after a six-day trial in federal court in Los Angeles for $12 million in fraudulent bills submitted to Medicare, according to an announcement Thursday from U.S. Attorney Nicola T. Hanna of the Central District.
Thursday, October 17, 2019
Many resources are being devoted to preventing data breaches and protecting privacy. In fact, patents have issued on various approaches. But are those approaches really patentable? In a recent challenge to OneTrust's patent, which is related to data privacy risk, the Patent Trial and Appeal Board ("PTAB") found the subject matter patent ineligible.
Tuesday, October 15, 2019
It was a problem that California had come to dread. The risk of wildfires was high. acific Gas & Electric, the giant utility whose power lines and transformers have been blamed for a series of disastrous wildfires in recent years, was determined to prevent another one.
Monday, October 14, 2019
This article is Part 1 of a two-part series providing an overview of recent California Supreme Court decisions in employment law.
Wednesday, October 9, 2019
Educational accountability is attracting a lot of political attention — or perhaps lip service — these days in California.
Monday, September 30, 2019
For James Ehrlich, farm-to-table is just a starting point for the future.
Friday, September 27, 2019
Wednesday, September 25, 2019
Bill Chang joined Verishop as its first ever legal officer and has been advising the growing company as it disrupts the world of online marketplace retailers.
Tuesday, September 24, 2019
College application season is approaching, and that means prospective students are in the midst of campus visits.
Wednesday, September 18, 2019
It had to happen sooner or later.
Monday, September 16, 2019
Giving a teenager a credit card may seem a risky proposition. But finance experts say it can be a helpful educational step, with proper limits.
Friday, September 13, 2019
Many people dream of starting a business. And, for some, a spouse or significant other is the ideal business partner. The prospect of building an enterprise with the person they share other parts of their lives with may be appealing on a number of levels from shared passion, convenience and common goals. However, it's important to approach the joint venture with the same care a person would apply to any other business dealings.
Thursday, September 12, 2019
Landlords whose tenants sell counterfeit goods can be liable for trademark infringement if they have knowledge of the infringing acts or are willfully blind to the infringement.
Friday, September 6, 2019
Insurance is one of the fundamental financial tools for any household. Most people recognize the important role of insurance, but many are unsure about how it works. If you have questions about insurance, you aren't alone. As a financial advisor, I get a variety of questions about insurance
Friday, August 30, 2019
One problem the IRS faces with cryptocurrency (that it did not face with Swiss Bank accounts to the same extent), is that the tax reporting rules for crypto are not at all clear. The IRS issued limited guidance five years ago, in Notice 2014–21. But it left a number of big questions unanswered.
Wednesday, August 28, 2019
The scheduling comes after the rejection of defense motion to compel discovery
Monday, August 26, 2019
Human resources professionals may shudder at the sound of an "audit." For starters, it is difficult to make available the time and personnel needed for day-to-day work. And what if the audit uncovers "bad news?"
Friday, August 23, 2019
Retirement is one of the most important financial goals for many married couples. It's something you may dream about and work hard to reach. But, even if you feel like you are on track in terms of meeting your financial objectives, there is an equally important factor to consider ? are you both on the same page about your vision and plans for retirement?
Wednesday, August 21, 2019
The record of the 2019 legislative session ? Gov. Gavin Newsom's first ? is still a work in progress, but his signature on Assembly Bill 392 this week makes it a success, no matter what else happens.
Monday, August 19, 2019
Not so long ago, philanthropy was an area where politics were left at the door.
Friday, August 16, 2019
It's no secret that many American parents want to support their kids by paying for their college education.
Thursday, August 15, 2019
In Celgene Corporation v. Peter, the Federal Circuit recently affirmed the PTAB's decisions finding appealed claims obvious.
Wednesday, August 14, 2019
The California Legislature's 2019 session began last winter amidst great hopes and fears.
Monday, August 12, 2019
Employers must take both preventive and remedial action to stop unlawful discrimination, harassment, and retaliation at work. An internal investigation is a critical tool to help fulfill these obligations.
Friday, August 9, 2019
Parents want good things for their children, and a good credit record is certainly something that falls into that category.
Thursday, August 8, 2019
Thursday, August 1, 2019
The federal patent laws provide for an award of attorneys' fees to the prevailing party in exceptional patent infringement cases.
Monday, July 29, 2019
COMPTON — It was bath time and Rosalba Moralez heard a cry. She rushed to the bathroom and found her 7-year-old daughter, Alexxa, being doused with brown, putrid water.
Tuesday, July 23, 2019
There is some sort of hard-to-define spiritual crisis across the land, which shows up in rising depression rates, rising mental health problems. A survey that the Pew Research Center released late last year captures the mood. Pew asked people to describe the things that bring meaning to their lives.
Friday, July 19, 2019
One of the most important decisions you will make in retirement is when to begin receiving your Social Security benefits. Yet this decision often depends on another: whether you plan to retire or keep working. The following are some pointers to help you make both decisions with confidence.
Wednesday, June 19, 2019
California is home to 9 million people under the age of 18. Recently, as I crossed the mountainous divide separating San Diego from the inland desert on my way to the Imperial Valley, I found myself reflecting on the enormous divides of a different sort—involving poverty, neglect, and school discipline problems—that frustrate the lives of all too many kids in California.
Given their druthers, many government officials would prefer to do their business ? our business, actually ? behind closed doors and provide sanitized, self-serving versions of their actions after the fact.
Monday, June 17, 2019
As President Donald Trump rails against the Federal Reserve and urges it to lower interest rates, a similar push is coming from a group founded this year by three left-leaning millennials — albeit for very different reasons.
Wednesday, June 12, 2019
Michael Avenatti said he must travel regularly as he represents clients and prepares for trial in his New York and California criminal cases.
Tuesday, June 11, 2019
Over the past several years, teenage suicide rates have spiked horrifically. Depression rates are surging, and America's mental health overall is deteriorating. What's going on?
Monday, June 3, 2019
David Bornstein points out that a lot of American journalism is based on a mistaken theory of change.
Thursday, May 30, 2019
If your heart is beating and your lungs are taking in oxygen, you know that Game of Thrones recently reached its epic conclusion.
Wednesday, May 29, 2019
Fair warning: By reading this you will be plunging into the Legislature's almost impenetrably arcane thicket of internal procedures.
Carol Spencer, 86, may be the most influential fashion designer you've never heard of.
Tuesday, May 28, 2019
Last September, Uber's top executives were pitched by some of Wall Street's biggest banks, Morgan Stanley and Goldman Sachs. The bankers' presentations calculated Uber's valuation almost identically, hovering around one particular number: $120 billion. Nine months later, Uber is worth about half that figure.
Friday, May 24, 2019
Many couples are choosing to start families later in life compared to their parents and grandparents.
Not surprisingly, technology is not the main barrier to the introduction of urban air taxis. Rather, regulation and public policy are the main obstacles.
Thursday, May 23, 2019
One of the requirements for obtaining a patent is the written description requirement -- the specification must include a written description of the invention. 35 U.S.C §112(a).
Wednesday, May 22, 2019
In January, the Reporters Committee for Freedom of the Press and the International Documentary Association started hearing worrying reports from journalists and documentarians covering developments related to migrants arriving at the U.S.-Mexico border from Central America.
At last count, California's Democratic political leadership had filed four dozen lawsuits against President Donald Trump's administration, reflecting differences on policies large and small.
Tuesday, May 21, 2019
The Chinese technology giant Huawei on Monday began feeling painful ripple effects of a Trump administration order that effectively bars U.S. firms from selling components and software to the company.
Thursday, May 16, 2019
In Apple Inc. v. Pepper et al., case number 17-204, the United States Supreme Court considered a case alleging Apple has monopolized the retail market for the sale of apps and has unlawfully used its monopolistic power to charge consumers higher-than competitive prices. As an early defense in the case, Apple asserted that the consumer plaintiffs could not sue Apple because they supposedly were not "direct purchasers" from Apple under Illinois Brick Co. v. Illinois, 431 U. S. 720, 745--746 (1977).
Wednesday, May 15, 2019
Gavin Newsom has spent the last four months telling Californians that he could -- and would -- cure some of California's most pressing social ailments.
Tuesday, May 14, 2019
More than 40,000 investors descended on Omaha for Berkshire Hathaway's annual meeting. The most prominent face of capitalism — Warren Buffett, the avuncular founder of Berkshire appeared to distance himself from many of his peers, who have been apologizing for capitalism of late. "I'm a card-carrying capitalist," Mr. Buffett said.
Monday, May 13, 2019
Senate Bill 188 would significantly broaden employees' protections against improper race discrimination and make California the first state in the nation to pass a law explicitly prohibiting discrimination based on hairstyles.
Under current regulations, a manufacturer can place the required warning on the product or its packaging, or it can pass the obligation to warn "downstream" to retailers by notifying the retailer directly that a warning is required and providing the retailer with the materials necessary to transmit the warning to consumers.
There's nothing terribly surprising about how Elizabeth Warren's campaign is playing out. She's scoring big points for her seriousness, reflected in a raft of detailed policy proposals.
Tuesday, May 7, 2019
Employers must pay workers for "reporting time" when employees call in to determine if they will be expected to work, according to the California Court of Appeal's decision in Ward v. Tilly's, Inc.
Wednesday, May 1, 2019
Pitting the power of the arbitrator against the arbitration agreement, attorneys for Twenty-First Century Fox Inc. argued Monday a neutral overstepped his bounds with a $128 million punitive damage award.
Pitting the power of the arbitrator against the arbitration agreement, attorneys for Twenty-First Century Fox Inc. argued Monday a neutral overstepped his bounds with a $128 million punitive damage award.
Tuesday, April 30, 2019
Gary Cohn was born in 1960 in the suburbs of Cleveland.
Friday, April 26, 2019
Buying a home for the first time in some U.S. markets is becoming increasingly challenging. In competitive housing markets, the supply of available homes is tight, which means sellers often have the upper hand and home prices are rising above what is typically considered their fair value.
Wednesday, April 24, 2019
We've all seen children, often very young children, hunched over from heavy book backpacks, shuffling along sidewalks just an hour or two after sunrise on their way to school.
Tuesday, April 23, 2019
When Mark Zuckerberg of Facebook called for regulating harmful internet content in an opinion column last month, Republicans in Washington expressed outrage that he was calling on the government to regulate speech.
Monday, April 22, 2019
NAs the unemployment rate remains low, there may be more available jobs than qualified applicants to fill them. So, job-seekers are in high demand. One possible side effect of aggressive recruiting and rising wages is that employers are experiencing what is colloquially known as "ghosting."
A fight over a subpoena focuses on $25,000 Avenatti paid his new criminal lawyers.
Thursday, April 18, 2019
A change in the governor's office and expanded Democratic supermajorities in the Legislature have emboldened long-frustrated advocates of increasing taxes to expand health, welfare and education services.
Many businesses rely on their websites to promote their company and drum up business. Having a "professional" looking web page is considered a must and companies spend a lot of money in creating and maintaining their web presence.
The Board of supervisors adopted a motion calling for a multi-agency collaboration to examine the impact of these charges.
Wednesday, April 17, 2019
Cary Berger has worked as a general counsel for technology companies, media productions and even one of the largest online dating sites in the country. His most recent adventure is a brewpub startup that's all about the beer.
Cary Berger has worked as a general counsel for technology companies, media productions and even one of the largest online dating sites in the country. His most recent adventure is a brewpub startup that's all about the beer.
Tuesday, April 16, 2019
Last year, Facebook's chief executive, Mark Zuckerberg, testified before Congress and apologized for his company's role in enabling "fake news, foreign interference in elections and hate speech." As Silicon Valley grapples with its version of becoming too big to fail, Zuckerberg and his industry peers might take lessons from Wall Street, whose leaders have some experience with government scrutiny.
Monday, April 15, 2019
Susan Covell Alpert was crushed by grief when her 71-year-old husband, Larry, died of leukemia in 2008. Adding to her misery, a tidal wave of financial decisions and tasks demanded the new widow's attention at a time when she could barely think straight.
Wednesday, April 10, 2019
For two decades, the California Chamber of Commerce's annual descriptions of certain legislative bills as "job killers" have framed the Capitol's sharpest economic conflicts.
Monday, April 8, 2019
There is an essential aspect of the creative process that everyone can relate to, even people who don't think of themselves as creative. And it's something that almost no one enjoys: failure.
Friday, April 5, 2019
f you're planning a wedding -- whether it's your own or your child's -- and haven't been paying close attention to the wedding industry, you may experience sticker shock as you begin calculating costs.
Wednesday, April 3, 2019
The Constitution's very specific list of inviolable human rights sets the United States apart from almost every other nation on Earth
Tuesday, April 2, 2019
The two most recent times I saw my friend Makoto Fujimura, he put a Kintsugi bowl in my hands. These ceramic bowls were 300 to 400 years old. But what made them special was that somewhere along the way they had broken into shards and were glued back together with a 15th-century technique using Japanese lacquer and gold.
As the gig economy continues to expand and businesses grapple with remaining legally compliant with the ever-evolving employment and labor landscape, the question of worker classification has significant impact on how California employers run their businesses.
A recent Court of Appeal ruling held that California's state minimum wage applies to all public employers, including charter cities and all counties.
Monday, April 1, 2019
Out in the way beyond, the open land on the far side of the Mueller report and cable news obsessives, is a vast kingdom now being used to hasten the demise of the planet.
The housing crisis gripping the Golden State threatens to permanently stymie economic growth and demands bold and innovative solutions.
Wednesday, March 27, 2019
The plaintiff's attorney said the case is about civil rights but the lawyer for the city of Baldwin Park said it's about money.
Tuesday, March 26, 2019
Many employers use background investigations when making hiring, promotional, and similar decisions. The data made available by these investigations help the employer evaluate applicants in greater depth than an application and typical job interviews will allow.
"At the beginning of the year, if you told me this is what we were going to be dealing with, I would have called you crazy," said Mayor Steve Manos of Lake Elsinore. He was taking a brief reprieve from dealing with the biggest crisis of his short term in office yet: an explosion of picture-perfect California poppies in the Temescal Mountains, just northwest of the center of town.
Monday, March 25, 2019
The average American consumes roughly 200 pounds of meat a year. According to Jayson Lusk, an agricultural economist at Purdue University, Americans eat more meat per capita than citizens of almost any other country in the world, making them "the king of meat eaters." How did the United States achieve such a status? And what — if anything — should be done about it?
Friday, March 22, 2019
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.
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.
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 financial system had nearly collapsed. The deepest recession in decades was devouring over 700,000 jobs a month.
The indebted attorney again halted scheduled sworn testimony with a last-minute filing
Monday, March 11, 2019
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.
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
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.
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 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.
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.
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
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.
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.
Eleven low-income people trying to secure affordable housing in Santa Monica in 2018 all got good news — followed hard by bad news.
A U.S. magistrate judge appointed a certified public accountant to take control of Eagan Avenatti LLP.
Wednesday, February 13, 2019
Tinker v. Des Moines Independent Community School District was the first Supreme Court ruling that provided protection for students' First Amendment rights.
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.
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
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.
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.
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.
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.
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.
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
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.
When a new invention is created (if it is worth anything), everyone wants to take credit.
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
The Trump administration, at the direction of the president, has charted a new course on federal water pollution law. A
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.
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 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.
Showtime announced Thursday that Gary Levine and Jana Winograde would become the new presidents of entertainment at the cable network.
In 2003, Arnold Schwarzenegger and his team took the helm of the globe's then-sixth largest economy with more anticipation than most.
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.
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
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.
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."
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
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.
Last month the Delaware Court of Chancery issued an important decision denying a motion to dismiss derivative litigation.
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
Attorneys must be aware that a trial court will not tolerate motions to withdraw being used as a delay tactic or litigation tactic.
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.
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
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?
"Ummm, would you like to get married?" I asked repeatedly in Spanish.
This fall, the California legislature responded to the #MeToo movement in a significant way. One bill, SB 1343, affects nearly every employer in California.
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
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.
Actors gain notoriety for different reasons.
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
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.
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.
Thursday, December 20, 2018
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.
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."
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
Jury convicts Mongols motorcycle club in racketeering trial
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.
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
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.
We're enjoying one of the best economies of our lifetime.
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 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.
The judgment against the celebrity lawyer occurred the same day Eagan Avenatti LLP was evicted.
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
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.
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.
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
The pipeline of women qualified to serve on corporate boards is overflowing with talented, smart, well-educated candidates.
No summary was provided
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.
For small business owners, managing the bottom line of their company is often a top priority. If you operate a business of any kind
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
The baby shoe has dropped. Just when you started to wonder what could possibly happen next, the National Enquirer has given the green light to President Donald Trump's former doorman to air his allegation that Barron Trump has an illegitimate half-brother
President Donald J. Trump has nominated Phoenix-based Magistrate Judge Bridget Shelton Bade to an Arizona seat on the 9th U.S. Circuit Court of Appeals, ending a two-year deadlock between the state's senators and the White House in negotiations to find a suitable nominee.
Tuesday, August 28, 2018
Some employers historically have set a new employee's wages, at least in part, on the employee's compensation at his or her previous employer.
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
This week, the 9th Circuit struck down a similar law in Hawaii.
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.
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
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.
No summary was provided
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 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.
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.
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
Shortly after my previous employer suddenly laid me off. I was grateful to be employed again so quickly — but I quickly realized this new job wasn't for me. Given how I was treated at my last company, I didn't think I'd ever feel allegiance to an employer again. Is it acceptable to consider leaving so soon?
A June 23 headline in the New York Times says it all: "Young Children Taken from Their Parents: It Doesn't Just Happen to Immigrants."
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.
The key is to remain open to whichever process your client wishes to use.
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.
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
While many animals are afforded various protections by the rule of law, photos taken by some do not have the risk of liability for copyright infringement.
What if a forum selection clause requires that the target forum have personal jurisdiction over the defendants?
Wednesday, June 20, 2018
Both Trump and Sessions see the separation of children from their parents as leverage in either keeping people from crossing the border with their families, or to force the Democrats to accept Trump's proposals. A
Politicians are misusing trailer bills, meant to implement the state budget, to enact far-reaching policies that have virtually nothing to do with the budget, and without any of the traditional safeguards, such as waiting periods and public hearings.
Monday, June 18, 2018
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
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.
Estimates suggest that by 2020, there could be around 50 billion devices of one type or another connected worldwide.
Wednesday, June 13, 2018
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.
No summary was provided
The seemingly narrow ruling is going to make it easier to find that the government is impermissibly discriminating against religion.
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
How the JD-MD duo is the modern day Batman and Robin.
No summary was provided
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
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.
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.
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
Even if a subpoenaing party has complied with the notice procedures, there may be other reasons that a CPA may not be able to produce records in response to a subpoena.
No summary was provided
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?
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
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.
Ninth Circuit finds monkeys cannot sue for copyright infringement
Under a claims-made-and-reported policy, the consequences of a delay in reporting can be disastrous, namely a complete loss of coverage.
Ninth Circuit finds monkeys cannot sue for copyright infringement
Wednesday, May 9, 2018
Here's one to check off your bucket list of ponderables: If you engage in an intentional act that results in an unintended accident, is it an really an accident?
California's economy has climbed in global rankings to 5th place behind only the United States as whole, China, Japan and Germany.
Tuesday, May 8, 2018
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
Trump's administration, answering pleas of auto executives, wants to roll back more stringent fuel efficiency standards promulgated during the final days of the predecessor Obama administration – rules that, at the time, California, other like-minded states and the auto industry jointly supported.
Businesses across the world are bracing for the impact of the new European Union data-protection regulation, known as the GDPR, which comes into effect on May 25.
Thursday, May 3, 2018
Ren Ventures argues that Lucasfilm doesn't have common law trademark rights to SABACC card game because it failed to use the game in a trademark manner.
California has a strong public policy of protecting its workers. And it's even possible that California's wage and hour laws may be applied to work beyond California's boundaries.
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
Consider taking steps to prepare for potential changes in the investment environment that could be caused, in part, by inflation
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.
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
Without adequate foresight, a client may find that control of the privilege is now in the hands of the successor corporation.
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.
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.
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.
A recent Federal Circuit decision is another example of how to reason through whether the written description is satisfied.
The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act ("DMCA").
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.
Wisconsin has enacted a first-of-its-kind law requiring disclosure of third-party financing. Are litigation funder concerns overblown?
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.
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
You might still think that the biggest tax debate about bitcoin and other cryptocurrency is about whether you should or shouldn't report it.
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.
Thursday, April 12, 2018
The number and variety of emotional support animals seem to expand yearly. Also expanding is the amount of litigation involving these animals.
A recent ruling rolled back the FCC's broad definition of "automatic dialing system" under the Telephone Consumer Protection Act.
California is experiencing what educators call an "achievement gap."
Wednesday, April 11, 2018
The U.S. Supreme Court will first review an act of President Donald Trump's leadership on April 25 in Trump v. Hawaii.
While 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.
While parties generally understand the intent behind indemnity provisions, few understand how they are actually applied.
Tuesday, April 10, 2018
Corbin Barthold reviews Steve Pinker's latest book, "Enlightenment Now: The Case for Reason, Science, Humanism, and Progress."
Last week, the Food and Drug Administration exercised its mandatory recall authority under the Food Safety Modernization Act for the first time.
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.
FBLawsuits should not be the first recourse to sound mental health policy and effective programs.
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
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.
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.
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.
Most lawyers who represent appellants lose. In recent years, the statistics are pretty consistent.
California averages one economic boom and one bust per decade and the state's recovery from the Great Recession now has lasted well beyond historic expectations. In other words, as Gov. Jerry Brown often points out, California is overdue for a downturn.
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.
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
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.
Emotional turmoil brought on by divorce can make it hard to prioritize your finances, but there's never been a more important time to make sound decisions. Even if you're eager to move forward with your life, take the time to evaluate your retirement plans thoroughly.
Thursday, March 29, 2018
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.
Lawsuit claims LegalZoom engages in the unauthorized practice of law when its non-attorneys instruct customers on how to register trademarks.
Wednesday, March 28, 2018
If a private landlord rented a commercial office space and the building was considered unfit to withstand an earthquake, we would call a government regulatory agency. But when the government is your landlord, who do you call?
Instead of the cakewalk Senate's Democratic leaders assumed when persuading Sen. Dianne Feinstein to run again, they find she is taking heavy fire from the left wing of her own party.
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.
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
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.
The Southern District of New York disagreed a 9th Circuit about the so-called "server test."
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
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).
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.
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
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.
The gender pay gap is a phenomenon prevalent all over the world and when adjusted for discriminatory factors, the reasons for its existence become less clear with some differences attributed to small but important variance in each gender's behavior.
This obligation has taken on new importance in recent years, as law firms find themselves targeted by hackers who realize that firms may have extremely sensitive information regarding some of the largest companies in the world.
Friday, March 9, 2018
Capitalize on the benefits of having an ownership stake in your employer's firm while maintaining a well-diversified portfolio.
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
Last week, the 2nd Circuit joined the 7th Circuit in ruling that Title VII prohibits discrimination based on sexual orientation.
It used to be the case that user-generated content was seen as free for the taking.
For too many copyright stakeholders, litigation in federal courts is prohibitively expensive; especially in relation to the modest amounts at stake in many on line copyright infringements.
For now, unless I have reason not to do so, all incumbent judges have my vote.
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.
Monday, March 5, 2018
The U.S. Supreme Courts is poised to answer a key antitrust issue in a case against American Express.
President Donald Trump has announced potential tariffs on all steel and aluminum imports from every country around the world. Various European countries responded on Friday with threats of retaliation and many countries argue that such tariffs would end up harming both all parties rather than just helping the United States.
One conclusion is certain: The PAGA saga is far from over. Each new California or 9th Circuit case introduces another question about the interplay between arbitration agreements and PAGA claims.
Friday, March 2, 2018
If you've experienced a life event this year, review your benefits and determine if you need to make new or different elections to ensure the desired insurance coverage for you and your family.
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.
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.
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.
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.
Last weekend's Democratic state convention revealed a party with many internal fault lines. The most obvious was the power struggle between the party's establishment and its left wing.
Wednesday, February 28, 2018
Never judge the true tenor of a political party by what happens at its convention. Last weekend's Democratic gabfest was a case in point.
A recent Delaware Supreme Court ruling grapples with due process concerns and demand futility.
Tuesday, February 27, 2018
Once in a rare while, the Court of Appeal will consider a writ petition that raises an issue of first impression, and publish a decisive order that creates new and binding precedent.
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.
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.
There are many situations in which employers are obligated to give their employees time off from work. The California Family Rights Act has expanded the class of employers to include small business, so it is always pertinent to check and see which forms of leave are protected before coming to a conclusion.
Monday, February 26, 2018
In 1994, Indra Nooyi joined PepsiCo as a chief strategist; 12 years later, she was named its CEO. Today, she oversees 260,000 global employees and a snack empire that includes Frito-Lay chips, Tropicana juices, Quaker foods and of course lots of soda.
Friday, February 23, 2018
With market performance where it is, it may make sense to review your portfolio and determine if changes are appropriate.
Recently, the Polish government has come under fire for proposing legislation that would criminalize equating the Poles' complicity with Nazis' crimes.
The debate about the effectiveness of Jerry Brown's landmark overhaul of public school finance rages on, with the fates of millions of children and Brown's legacy hinging on the outcome.
Thursday, February 22, 2018
Certain claims are not patentable under 35 U.S.C. §101. If claims are well-understood, routine, and conventional they might not be eligible for patent.
Wednesday, February 21, 2018
As trade among the U.S. and Latin American countries has increased, so has the need for effective anticorruption measures to ensure a level playing field when U.S. companies do business abroad.
Over the years, my view of the usefulness of moot courts has evolved.
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.
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
Tuesday, February 20, 2018
The latest corporate transactions from around the region.
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.
Friday, February 16, 2018
His eye-popping trial verdicts and record-setting results over the last two-plus decades are already legendary.
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.
Thursday, February 15, 2018
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.
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.
Wednesday, February 14, 2018
With the confessional floodgates open, our current society has a renewed awareness of harassment likely unseen since Anita Hill famously testified at Justice Clarence Thomas's confirmation hearing.
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.
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.
Filing public nuisance suits against oil companies for making and distributing fossil fuels is not the right way to fashion intelligent environmental policy.
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.
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.
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.
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
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.
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.
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
This should sound obvious. But litigation is complicated, and a win rarely emerges after a completely one-sided process.
It's hypocritical for the Legislature to exempt itself from the laws and procedures it imposes on others, as the firestorm over sexual harassment underscores. If would-be miscreants know that their behavior can be reported and revealed to the public, they'll be much less likely to do it.
With a history going back to 1790, it may come as a surprise to learn that the U.S. Supreme Court is about to decide for the first time, in the context of copyright litigation, what the word "registration" in the Copyright Act actually means.
A recent Federal Circuit opinion clarified the "reasonable certainty" standard for patent claim definiteness established by the U.S. Supreme Court in a 2014 ruling.
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.
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.
One of California's most complex and unusual financial/political/legal conflicts was settled last week, but the deal left a couple of mysteries.
Monday, February 5, 2018
We've all had the feeling that our workplace would completely crumble in our absence. It's rarely true. So at least consider the possibility that the organization will muddle along happily without you.
Plaintiffs must show that the premises owner was aware of similar criminal activity at or near the location and this is often difficult to prove.
This week the state high court rejected the opportunity to join the majority of courts, including the U.S. Supreme Court, by holding that objectors need not formally intervene to obtain appellate standing.
Associates serve two masters: Their "bosses" at their firms, and the Rules of Professional Conduct.
It will be different this year -- and that difference will, counterintuitively, increase the budget's political friction.
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
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."
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.
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
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.
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.
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.
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.
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?
Thursday, January 25, 2018
Only three states have statutes dedicated to protecting consumers' biometric information. Here's what California can learn.
Giant tech firms like Google spend a lot of money on political lobbying and are attempting to shape the public policy debate through support of a wide variety of think tanks and nonprofit groups.
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
In 2017, California appellate courts issued several insurance-related decisions. Three are of particular significance.
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.
Tuesday, January 23, 2018
Children in California's K-12 public school system trail badly in educational accomplishment.
Effective January 1, 2018, employers are subject to new state law requirements related to federal officials' access to employees and documents. Employers must carefully walk the line between complying with federal immigration law, and state law prohibiting "too much" cooperation.
The 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?
Monday, January 22, 2018
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.
Everybody agrees society is in a bad way, but what exactly is the main cause? It could be the failure of liberal democracy.
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