GUEST COLUMNS
Monday, January 13, 2020
The U.S. Department of Labor recently revised its regulations governing the calculation of the "regular rate of pay."
As we transition from 2019 to 2020, we need to consider issues such as what obligation does a lawyer have when a judge or public official has gone too far, taking legal positions unlike any others, going well beyond what the Constitution permits?
Friday, January 10, 2020
In some part, the investment and M&A markets factor in risks of employment law noncompliance into their valuation decisions, which allows startups to let those fires burn instead of putting them out. One such uncontrolled burn is employee misclassification.
Nobody likes to look out to the Pacific Ocean and see oil derricks on the horizon. That's why California wisely banned new offshore oil drilling 50 years ago.
Last month, McClatchy Newspapers and the ProPublica news organization published an investigative article delving into how billions of dollars meant to reduce repeat criminal activity by improving local jails and probation services were siphoned off for other purposes.
The start of the new year is a great time to focus on your finances and put them into perspective.
Summer hikers, bikers, paddlers, campers, bird watchers, climbers and horseback riders abandon California's cities to marvel in mountainous glory of the Sierra Nevada. The love for the Range of Light is no less when the snow falls.
Monday, January 6, 2020
You may have heard an old crank in a big house ranting about appliances and unflushable toilets the other day.
"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.
Domestic violence is a complex phenomenon that impacts families across generations. Victims can become perpetrators. Perpetrators are often victims. Family members who were never physically touched by violence are still deeply affected. Fear and shame can generate silence. These factors, and many others, allow the cycle to continue.
Fixing the housing crisis should not be a partisan issue. Housing is an American issue and is at the core of what it means to live the American Dream.
Young and old people are struggling to take care of themselves and increasingly each other at a time when blame and resentment flows both ways.
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.
On Jan. 3, the Court of Appeals for the DC Circuit is scheduled to hear oral argument in a case that could impact the impeachment of President Donald Trump "stalled" in the House of Representatives by Speaker Nancy Pelosi.
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.
No summary was provided
When I first met A.J., she was 23, homeless and hooked on heroin in Venice. Her addiction began with pain pills prescribed after surgery. When the prescriptions ended, A.J.'s post-surgical pain was no longer the concern: The pain of withdrawal was.
California is at a water crossroads. We can continue our costly, 100-year-old pattern of trying to find new water supplies, or we can choose instead to focus on smarter ways of using -- and reusing -- what we already have.
Monday, December 30, 2019
Climate change is upending life around the world. Flooding, fires, and freezes, droughts, tornadoes, and disasters once thought to be extraordinary seem to have become commonplace.
My personal and professional lives collided in the middle of the night at the end of October when my neighbor pounded on our front door. Our neighbor shouted that mandatory evacuations had been issued for much of our Pacific Palisades community in Los Angeles.
Monday, December 23, 2019
Why are we allowing our roads, bridges, and other transportation assets to crumble?
In 2019, the California Legislature had another busy year working on new environmental and natural resource bills.
In January 2018, Attorney General Jeff Sessions rescinded the Cole memos and directed prosecutors to pursue marijuana related crimes in accordance with generally applicable Department of Justice guidelines. At his confirmation hearing, Attorney General William Barr testified that he did not intend to prosecute entities that had acted in reliance on the Cole memos, but to date he has not released any formal guidance.
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?
Friday, December 13, 2019
I was 37 years old, and the mother of two children ages 1 and 4, when I was diagnosed with Stage IV inflammatory breast cancer.
Thursday, December 12, 2019
One of the most common forms of relief sought in trade secret litigation is an injunction preventing the defendants from using or disclosing the plaintiff's trade secret information.
Tuesday, December 10, 2019
California's wildfires have grown so costly and damaging that insurance companies have increasingly been canceling people's policies in fire-prone parts of the state.
Monday, December 9, 2019
With the conclusion of the North Atlantic Treaty Organization's 70th anniversary summit in London, it's fair to say that Donald Trump thinks that most alliance members, starting with France and Canada, are a bunch of ungrateful and unhelpful freeloaders. Fair to say, also, that most of those members see Trump as an erratic, pompous, dangerous simpleton.
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). This date determines which prior art can be used by the Patent and Trademark Office to determine patentability of the invention and which prior art can be used by competitors to challenge the patent's validity.
Wednesday, December 4, 2019
Sooner or later, the state Supreme Court must clear up a legal ambiguity it created over how many votes are needed to enact local tax increases.
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.
Wednesday, November 27, 2019
How confident are you about the insurance strategies you have in place to protect against an unexpected turn in your life? Do you feel like you have a clear handle on how to manage your insurance needs effectively?
Thursday, November 21, 2019
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. If you're unfamiliar with the trend, here is a brief synopsis.
Wednesday, November 20, 2019
"This victory shows that the cannabis industry can bring and win cases before California courts and juries, just like any other serious business," said Jonathan A. Shapiro of Baker Botts LLP.
Monday, November 18, 2019
A raft of new employment laws take effect on January 1, 2020. To help employers prioritize the many required changes to policies, forms, and procedures, we provide a non-exhaustive list of matters requiring employers' attention by year's end. This discussion may not take into account special exceptions contained in the laws, and is not a substitute for legal advice tailored to a particular situation.
Friday, November 15, 2019
The gift-giving season is fast approaching. So, if you are like a lot of people, this means you are spending time trying to brainstorm gifts to give your loved ones ? something that they will use and appreciate. For those disillusioned with giving gifts that are quickly used up or forgotten the moment the wrapping paper comes off, consider a financial gift designed to make an impact. Here are a few financial gift ideas you can feel good about giving.
Thursday, November 14, 2019
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
The Kincade fire ravaged a part of California that has been hit repeatedly by devastating blazes: Wine Country. Eric Asimov, who writes about wine for The New York Times, recently published a four-part series on how the wine world is adapting.
Monday, November 11, 2019
Is your son or daughter heading to college? If the answer is yes, it's an exciting moment in your child's life. But, financially, it can also be a paralyzing time if they do not have a principled approach for managing money. Out on their own for the first time, your child has an opportunity to sharpen their financial skills for the future, but they are vulnerable to mistakes. Thankfully, regular chats about money can help get them on the right path. Here are some suggested financial topics to cover with your college-aged child:
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.
Tuesday, November 5, 2019
Law enforcement agencies in San Diego County were early adopters of hand-held facial recognition technology. Now these SoCal cops must also become the first in the state to stop using it under a new law blocking mobile biometric surveillance by police.
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
The careers of political executives — presidents, governors and big-city mayors — are often defined, fairly or not, by how they respond to crises.
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.
Friday, October 25, 2019
Investors who follow the markets have seen headlines in recent weeks about something called the "inverted yield curve." For those less familiar with the phenomenon, an inverted yield curve is essentially a point on a chart where short-term investments in U.S. Treasury bonds pay more than long-term ones. And when it occurs, it's generally regarded as a warning sign for the economy and markets.
Thursday, October 24, 2019
This month, the Internal Revenue Service issued its first guidance on the taxation of cryptocurrency in five years. Revenue Ruling 2019-24 addresses the taxation of "hard forks." The IRS also issued a set of FAQs that address virtual currency transactions for those who hold virtual currency as a capital asset.
Wednesday, October 23, 2019
Gavin Newsom has a transportation problem — not personally, but politically.
Tuesday, October 22, 2019
This article is Part 2 of a two-part series providing an overview of recent California Supreme Court decisions in employment law.
Monday, October 21, 2019
Californians often cite homelessness as the top issue facing their state.
Friday, October 18, 2019
As a financial advisor, I've worked with many clients as they plan for their dream home and gleaned insights on the process along the way. Building a home can be an exciting, but challenging time. It takes a plan with realistic timelines, budgets and expectations to stay on track and keep your sanity through what can feel like an overwhelming process. If building a home is on your bucket list, here are some considerations before you start.
Thursday, October 17, 2019
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.
Wednesday, October 16, 2019
As Gavin Newsom disposes of the last few bills from the 2019 legislative session, he more or less closes the book on his first year as governor and it's an appropriate moment for a progress report.
Monday, October 14, 2019
This article is Part 1 of a two-part series providing an overview of recent California Supreme Court decisions in employment law.
Wednesday, October 9, 2019
Educational accountability is attracting a lot of political attention — or perhaps lip service — these days in California.
Monday, October 7, 2019
California's labor unions scored big wins in the just-concluded legislative session — to the surprise of precisely no one.
Wednesday, October 2, 2019
California's longest-running single-issue political battle, over limits on damages in medical malpractice lawsuits, is about to heat up again.
Friday, September 27, 2019
For families of individuals with disabilities, crafting a financial plan requires a delicate balance. As a financial advisor, I've seen this balance play out firsthand. Families want to save responsibly, anticipating future expenses including retirement, but need to be careful not to save more than the limits required for government assistance. ABLE accounts are designed to fill this need. Money saved and invested into one of these accounts can be withdrawn to cover current or future care ? without putting federal and state aid dollars at risk.
Wednesday, September 25, 2019
A political scandal that erupted in San Diego 16 years ago indirectly established a peculiar — and unseemly — ethical double standard regarding local ballot measures.
Monday, September 23, 2019
News media recently highlighted workplace raids by Immigration and Customs Enforcement agents (ICE). Employers should know, however, that workplace raids affect far fewer employers and employees than another of ICE's compliance enforcement methods: the Form I-9 audit. For that reason, employers should ensure they have properly completed Forms I-9 on file for employees in advance of receiving a Notice of Inspection (NOI) from ICE.
Friday, September 20, 2019
A federal judge recently gutted claims against the prosecutor, but a plaintiff's attorney has vowed to amend
Wednesday, September 18, 2019
The fight over California's Assembly Bill 5 — the newly approved legislation requiring many gig economy workers to be counted as employees — has been intense. Newspapers up and down the state of California said they have become collateral damage from the state's effort to rein in the gig economy. My colleague Tim Arango dug into how the legislation would affect one of those industries.
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.
Thursday, September 12, 2019
The Legislature passed bills Tuesday relating to criminal justice, debt collection and workplace harassment as it worked toward the end of its 2019 session this week.
Wednesday, September 11, 2019
Monday's session in the California Legislature will likely be remembered for the hundreds of anti-vaccine protestors who shut down both the Senate and Assembly at various times in the afternoon. But lawmakers also acted on scores of bills, including significant gun control and #MeToo bills.
Thursday, September 5, 2019
Have you ever driven away from your home and then had that irritating doubt in your mind as to whether you remembered to close your garage door? I know I have.
Wednesday, September 4, 2019
One of the more curious anomalies about California is that while labor unions' political power has increased to virtual hegemony, especially in the last decade, union membership has declined just as sharply.
Friday, August 30, 2019
With the real estate market as competitive as it is in various U.S. cities, more people are opting to stay in their current homes. This decision frequently comes with the desire to take on additional house projects, which often impact your financial situation. If you are considering upgrades and remodels, read on for several considerations on how to prioritize your housing projects.
Wednesday, August 28, 2019
U.S. District Judge Yvonne Gonzalez Rogers lambasted San Francisco officials for their inability to reach a settlement with the opponents of cash bail. Another settlement conference is scheduled for Wednesday.
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
"To be fair, this wasn't something that we wanted to do; this is what we had to do," said lead defense attorney Paul Murphy of Murphy Rosen in Los Angeles.
Tuesday, August 20, 2019
The law is riddled with unclear definitions, overly broad mandates, and small errors that will lead to unnecessary costs and widespread confusion about compliance.
Friday, August 16, 2019
It's no secret that many American parents want to support their kids by paying for their college education. According to recent Ameriprise research, 87 percent of parents today already have paid for or plan to assist with these costs. Furthermore, 33 percent of respondents have delayed their own retirement, or plan to, in order to help their kids pay for college.
Thursday, August 15, 2019
In Celgene Corporation v. Peter, the Federal Circuit recently affirmed the PTAB's decisions finding appealed claims obvious. However, more importantly, the Federal Circuit also held that the retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the Fifth Amendment.
Wednesday, August 14, 2019
Two proposed class actions alleging California's public universities unfairly punish students accused of sexual misconduct will likely win class certification, legal experts say, in what would be the state's first-ever lawsuits seeking mass dismissal of student disciplinary decisions based on alleged due process violations.
Tuesday, August 13, 2019
A Fresno-based small business owner is suing the California Department of Tax and Fee Administration and its director for allegedly failing to make Amazon pay the state billions in uncollected sales tax.
A Fresno-based small business owner is suing the California Department of Tax and Fee Administration and its director for allegedly failing to make Amazon pay the state billions in uncollected sales tax.
Monday, August 12, 2019
No summary was provided
Friday, August 9, 2019
U.S. Attorney David L. Anderson's first large-scale initiative as the Northern District's top prosecutor will prioritize the federal prosecution of crime in San Francisco's Tenderloin District, the office announced Wednesday, prompting concerns it is a backdoor way to undermine a city that has largely ignored federal directives.
No summary was provided
Thursday, August 8, 2019
Wednesday, August 7, 2019
Federal authorities seem confident current antitrust laws are sufficient to rein in the technology giants of Silicon Valley, and they often point to the success of the government's 1998 case against Microsoft Corp.
Tuesday, August 6, 2019
Things should be dismal in Silicon Valley right now, with technology's biggest companies under attack from regulators, lawmakers and even President Donald Trump. Not for Henrique Dubugras and Pedro Franceschi. The two Stanford dropouts, both 23, are the founders of Brex, one of the hottest young companies today. Their startup's mission? To provide charge cards to other startups.
Monday, August 5, 2019
Martin Shkreli, the so-called Pharma Bro notorious for sharply increasing some drug prices, will continue to serve his 84-month prison term.
Friday, August 2, 2019
Americans juggle a lot of interest rates in their daily lives. They pay interest on car loans, credit card balances and mortgages. They earn interest, at least a little, on the money they save with banks.
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.
Wednesday, July 24, 2019
The United States Patent and Trademark Office (the "USPTO") explains that
"A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services."
Tuesday, July 23, 2019
The panel is pursuing a split from the State Bar by the end of 2019.
There is some sort of hard-to-define spiritual crisis across the land, which shows up in rising depression rates, rising mental health problems. A survey that the Pew Research Center released late last year captures the mood. Pew asked people to describe the things that bring meaning to their lives.
The panel is pursuing a split from the State Bar by the end of 2019.
Friday, July 19, 2019
One of the most important decisions you will make in retirement is when to begin receiving your Social Security benefits. Yet this decision often depends on another: whether you plan to retire or keep working. The following are some pointers to help you make both decisions with confidence.
Tuesday, June 18, 2019
California employees may claim unpaid wages, unreimbursed expenses, penalties, and interest via administrative complaints filed with the Division of Labor Standards Enforcement (also known as the Labor Commissioner's office). Claims not settled are resolved via an informal hearing before a Deputy Labor Commissioner.
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
Going into this year's legislative session, it appeared that the California Chamber of Commerce's long string of wins on bills it labels "job killers" might end.
Tuesday, June 11, 2019
ver the past several years, teenage suicide rates have spiked horrifically. Depression rates are surging, and America's mental health overall is deteriorating. What's going on?
Wednesday, June 5, 2019
It was late one night 40 years ago and Gov. Jerry Brown's most important piece of legislation was in trouble.
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.
Friday, May 24, 2019
Many couples are choosing to start families later in life compared to their parents and grandparents.
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.
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
At last count, California's Democratic political leadership had filed four dozen lawsuits against President Donald Trump's administration, reflecting differences on policies large and small.
Tuesday, May 14, 2019
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
There's nothing terribly surprising about how Elizabeth Warren's campaign is playing out.
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
The California Democratic Party and former chairman Eric Bauman have been named in another lawsuit alleging sexual harassment and retaliation.
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.
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.
Wednesday, April 17, 2019
In the jargon of the Capitol, "trailer bills" are measures that accompany the annual state budget -- in theory making the changes of law necessary to implement the budget's fiscal policies.
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
There has been a divergence on Wall Street. As stocks have approached new highs, expectations for company profits have darkened considerably. Now, with corporate America starting to report first-quarter earnings, stock investors will find out if they ought to restrain their enthusiasm.
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
If you're planning a wedding -- whether it's your own or your child's -- and haven't been paying close attention to the wedding industry, you may experience sticker shock as you begin calculating costs.
As documented in this space on several occasions, local government officials throughout California have been thumbing their noses at a state law that prohibits them from using taxpayer funds for political campaigns.
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 trial will pit Apple's Chief Executive Tim Cook and Qualcomm's CEO Steve Mollenkopf in the witness box.
The two most recent times I saw my friend Makoto Fujimura, he put a Kintsugi bowl in my hands. These ceramic bowls were 300 to 400 years old. But what made them special was that somewhere along the way they had broken into shards and were glued back together with a 15th-century technique using Japanese lacquer and gold.
Monday, April 1, 2019
Out in the way beyond, the open land on the far side of the Mueller report and cable news obsessives, is a vast kingdom now being used to hasten the demise of the planet.
Wednesday, March 27, 2019
Monday's charges followmultiple civil court allegations that he misappropriated client funds, and authorities said they're continuing to probe his financial dealings for more possible charges.
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.
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?
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.
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 U.S. Department of Justice got a rough welcome in the 9th U.S. Circuit Court of Appeals on Wednesday, where it was contesting a lower court ruling on three of California's so-called sanctuary state laws.
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."
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
California's Democratic political leaders fancy themselves leaders of the anti-Donald Trump "resistance" and are engaged in legal and political conflict with the White House on dozens of specific issues.
Tuesday, March 12, 2019
The financial system had nearly collapsed. The deepest recession in decades was devouring over 700,000 jobs a month. Roughly $13 trillion in stock market wealth, slowly rebuilt since the dot-com bust, had again been incinerated.
Monday, March 11, 2019
Raghuram Rajan is a professor of finance at the University of Chicago. Rajan's book called "The Third Pillar: How Markets and the State Leave the Community Behind." Its theme is the fragility of democracy — a fairly radical notion for an economist.
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.
Wednesday, March 6, 2019
An Oakland federal judge on Monday struck down San Francisco County's use of money bail for those suspected of crimes but not yet charged as a "significant deprivation of liberty."
Tuesday, March 5, 2019
The voices calling for antitrust action to break up powerful technology companies are growing louder in the legislative and executive branch. But the nascent efforts face skepticism even from allies as well as resistance in the courts.
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.
Thursday, February 28, 2019
Companies have a number of tools available to them to help protect their intellectual property, including trade secret and other proprietary information that give them a competitive advantage.
Wednesday, February 27, 2019
The California Republican Party, which has become virtually irrelevant in recent years, had a great opportunity last weekend to commit self-annihilation by electing an unrepentant, Donald Trump-loving right-winger as party chairperson.
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.
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 13, 2019
On October 11, 2018, the federal Occupational Safety and Health Administration (OSHA) issued a memorandum relaxing the rules on post-accident drug testing and drug testing as part of a safety incentive program.
Tuesday, February 12, 2019
wo 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.
Wednesday, February 6, 2019
The order follows a federal judge's critique of a bankruptcy judge's decision in the case.
Tuesday, February 5, 2019
One by one, the concerns that have hung over the stock market have faded.
Monday, February 4, 2019
axing the wealthiest Americans at a higher rate may be good politics, since most voters won't be affected. But while two recent proposals sound simple enough, they could be difficult to put into effect.
Thursday, January 31, 2019
Prior to the Leahy-Smith America Invents Act ("AIA"), the patent statute (35 U.S.C. § 102(b)) prohibited patenting an invention that was "on sale in this country, more than one year prior to the date of the application for patent in the United States."
Wednesday, January 30, 2019
The California Department of Corrections and Rehabilitation engaged in a "systemic misuse" of information provided by confidential informants to hold prisoners in solitary confinement and deny them parole in violation of a 2016 settlement agreement prohibiting indefinite use of the practice, a magistrate judge ruled.
Tuesday, January 29, 2019
mployers require at least some employees to travel for business purposes.
Friday, January 25, 2019
The dream scenario for many retirees is to have a second place to call home.
Thursday, January 24, 2019
When a new invention is created (if it is worth anything), everyone wants to take credit.
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. Just about everybody said so.
Wednesday, January 16, 2019
The Commission on Judicial Performance has launched formal proceedings against 2nd District Court of Appeal Justice Jeffrey W. Johnson, citing sexual assault and misconduct allegations dating back to 1999.
Tuesday, January 15, 2019
Employers enter into agreements with employees to settle threatened claims or litigation, and to resolve any potential claims, such as at the time of a layoff or discharge.
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
After he was sworn in as state attorney general Monday, Xavier Becerra took shots at his most frequent opponent in court: the Trump administration.
Tuesday, January 8, 2019
Trader Joe's outsells all other grocery stores per square foot. It's ranked among the 100 best American companies to work for. And it doesn't advertise much. But, if Trader Joe's is really so good, should its philosophy be applied elsewhere?
Monday, January 7, 2019
A year ago, in the wake of President Donald Trump's tax cut, euphoric investors pushed the Dow Jones industrial average past 25,000, a record.
Friday, January 4, 2019
The Trademark Trial and Appeals Board recently issued an interesting decision regarding standing to oppose the registration of trademark applications.
Thursday, January 3, 2019
A quick glance at television commercials or online pop-up ads shows that rewards programs are the name of the game for many credit cards.
Wednesday, January 2, 2019
Law students and professors have gone to Tijuana to advise asylum seekers on their options.
Monday, December 31, 2018
This fall, the California legislature responded to the #MeToo movement in a significant way.
Friday, December 28, 2018
Actors gain notoriety for different reasons. For some it's due to a physical characteristic or an iconic character portrayal.
Thursday, December 27, 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. But you could also imagine that an open office produces better interactions and more collaboration. Wouldn't it be nice to know if this were true?
Wednesday, December 26, 2018
The blocking of a pardon for a twice-convicted felon was a rare stumble in the governor's race to grant clemencies as his last term comes to an end.
Monday, December 24, 2018
Employers and the public understandably focus on workplace harassment claims arising from co-workers' or supervisors' conduct.
Friday, December 21, 2018
For many of us, the new year means a fresh start and the chance to set new goals. If your resolutions are money related, here are some ways to strengthen your financial foundation in 2019.
Thursday, December 20, 2018
Non-statutory, or obviousness-type, double patenting ("ODP") is a judicially created doctrine that prohibits an inventor from effectively extending the monopoly on a patented invention by applying for a later patent with claims that are not "patentably distinct" from the claims in the earlier patent. The core principle behind the doctrine is that "an inventor must fully disclose [the] invention and promise to permit free use of it at the end of [the] patent term."
Wednesday, December 19, 2018
Does California have too many lawyers, or too few?
Monday, December 17, 2018
Retired 1st District Court of Appeal Justice William A. Newsom III died Wednesday. He was 84.
Thursday, December 13, 2018
The Ninth Circuit recently was called upon to decide awarding attorney's fees in a case where artists were suing for unpaid royalties under the California Resale Royalties Act ("CRRA"). The Ninth Circuit ordered that the Plaintiff-artists be required to pay attorney's fees to the defendants. This conclusion required a discussion of the doctrine of preemption and a determination that defendants could still be awarded attorney's fees under CRRA despite a finding that the bulk of Plaintiffs' claims under the CRRA were preempted by the 1976 Copyright Act.
Wednesday, December 12, 2018
Recently, officials in California announced that the Camp Fire, the deadliest wildfire in the state's history, had been fully contained. The achievement was made possible through the hard work of firefighters on the ground, with some help from above: a swarm of tiny, orbiting satellites that represent the next phase of the space age.
Tuesday, December 11, 2018
We're enjoying one of the best economies of our lifetime. Since 1975, the U.S. economy has tripled in size. The gains are finally being widely shared, even by the least skilled. And yet are we happy?
Friday, December 7, 2018
The most important goal for many of my clients is to retire on their terms
Wednesday, December 5, 2018
The state Supreme Court is seeking comments on a draft opinion providing guidance on when judges running for office must disclose campaign contributions.
The state Supreme Court is seeking comments on a draft opinion providing guidance on when judges running for office must disclose campaign contributions.
Tuesday, December 4, 2018
Stocks rose on Wall Street Monday after President Donald Trump and President Xi Jinping of China reached a truce in the countries' trade war.
Friday, November 30, 2018
Forty-one percent, or approximately 19.5 million Americans, age 65 and older are single, according to the most recent data available from the U.S. Census Bureau.
Wednesday, November 28, 2018
The case consumers brought against Apple Inc. alleges the company holds a monopoly on apps and passes its costs to customers.
Tuesday, November 27, 2018
Days after President Donald Trump attacked the impartiality of the 9th U.S. Circuit Court of Appeals, attorneys at the U.S. Department of Justice asked the nation's highest court to review an injunction blocking the government from implementing a ban on transgender soldiers in the military, effectively seeking to skip the very court Trump brazenly called a "complete and total disaster."
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.
Tuesday, November 20, 2018
Recently, the United States Department of Labor (DOL) issued new Family and Medical Leave Act (FMLA) forms.
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.
Friday, October 19, 2018
Earn MCLE reviewing the ins and outs of mediation confidentiality in California.
Millions of Americans in the workforce are heading back to school to further their education. According to the National Center for Education Statistics, 3.5 million students enrolled in college for fall 2016 were age 35 and older.
California's next governor will face an issue that has the potential to wreak havoc on the state budget: California is aging. We may not think about it, but every day, 1,000 people turn 65.
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.
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.
Bad actors don't suddenly change their stripes because they were spoon-fed a few hours of mandatory training. So how do we change behaviors?
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. It's easy to overlook this opportunity and maintain the status quo, but this could be a costly mistake given the significant role benefits play in your financial life.
Wednesday, October 3, 2018
Four decades ago, during the early years of his first governorship, Jerry Brown described his "canoe theory" of politics.
Tuesday, October 2, 2018
Seeing makeshift homes on sidewalks and freeway offramps is not unusual in most parts of California.
Thursday, September 27, 2018
Recently, a client asked why we included a short form option agreement and a short form assignment agreement as an exhibit to a long form literary option agreement.
Wednesday, September 26, 2018
Survey analysts on both sides defended their methodology studying pay-for-play's impact on consumer demand Monday in the potentially landscape-altering NCAA antitrust trial where student-athletes are fighting for a larger stake in the multi-billion dollar industry.
Tuesday, September 25, 2018
This article is Part 1 of a two-part series providing an overview of laws affecting San Francisco employers.
Monday, September 24, 2018
The national anthems of the United States and Mexico were played over the stadium speakers as the flags of both countries fluttered in the hot summer wind. Fans chatted away in English and Spanish. It was time for the Tecolotes de los Dos Laredos, the Owls of the Two Laredos, one of the oldest teams in Mexican baseball, to take the field here at Uni-Trade Stadium on the Texas side of the border. Except this was not an away game.
Wednesday, September 19, 2018
Politicians face a perpetual conflict between what's expedient at the moment and what they should do for the long-term.
Monday, September 17, 2018
A challenge every federal judge faces is deciding the appropriate punishment for a white-collar defendant.
Friday, September 14, 2018
For small business owners, managing the bottom line of their company is often a top priority. If you operate a business of any kind
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)
Tuesday, September 11, 2018
California employers must pay non-exempt employees at least minimum wage for all time they work on their employers' behalf.
Monday, September 10, 2018
As you may have heard, Scandinavians are a pretty happy bunch. Defining human happiness is a tricky, inherently subjective task. But we can probably all agree that it has something to do with a combination of material well-being, physical and mental health, personal security and strong social ties.
Wednesday, September 5, 2018
The most interesting statewide contest this year is for an office that's little known to the public but affects arguably the most important state responsibility, K-12 education.
Friday, August 31, 2018
It can be personally and financially rewarding to earn extra cash doing something you enjoy.
Thursday, August 30, 2018
Procter & Gamble, the international consumer packaged goods conglomerate, recently filed a slew of trademark applications with the United States Patent and Trademark Office
Wednesday, August 29, 2018
President Donald J. Trump has nominated Phoenix-based Magistrate Judge Bridget Shelton Bade to an Arizona seat on the 9th U.S. Circuit Court of Appeals, ending a two-year deadlock between the state's senators and the White House in negotiations to find a suitable nominee.
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
The road to retirement is full of twists and turns that can make even the most financially secure person wonder if they saved enough for their next chapter. If you feel similar emotions
Thursday, August 23, 2018
Other times, it's evidence of what's come to be known as "username jacking." Big brands and public figures are highly susceptible to incidents of username jacking.
Wednesday, August 22, 2018
The long-running legal dispute between the Commission on Judicial Performance and the state auditor could be nearing its conclusion, thanks in part to a pair of bills now advancing through the Legislature.
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.
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.
Thursday, August 16, 2018
Wednesday, August 15, 2018
No summary was provided
Tuesday, August 14, 2018
No summary was provided
Monday, August 13, 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.
Friday, August 10, 2018
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
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
Wednesday, August 1, 2018
No summary was provided
Monday, July 30, 2018
You wouldn't think that you could win a Nobel Prize for showing that humans tend to make irrational decisions. But that's what Richard Thaler did in 2017. Stephen Dubner recently spoke to Thaler about how institutions and firms are now practicing what he has been preaching, often to quite substantial success.
Friday, July 27, 2018
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
The lawsuit has put $2 billion in funding on hold, and the state Legislature hopes to partially break the logjam with a November ballot initiative.
Tuesday, July 24, 2018
Dan Doctoroff, a successful investment banker in New York spearheaded a massive effort to bring the Olympics to the city in 2012.Though the bid failed, it helped catalyze dramatic development throughout New York as a result of extensive rezoning efforts.
Monday, July 23, 2018
No summary was provided
Friday, July 20, 2018
Creating a well-crafted financial plan will help you achieve your goals.
Wednesday, July 18, 2018
The state Democratic Party's "executive committee" voted to endorse state Sen. Kevin de León's longshot bid to unseat Senator Dianne Feinstein. The action says more about the party than it does about Feinstein.
Tuesday, July 17, 2018
Tax cuts, deregulation and a buoyant economy were always expected to drive profits higher at most American banks in the latest quarter.
Monday, July 16, 2018
It will take time before there is a definitive decision as to whether California's rule of non-waiver in PAGA cases can be reconciled with the FAA in light of the U.S. Supreme Court's decision in Epic Systems.
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
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?
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.
A Court of Appeal held that parties may not contract around the formal service requirements of the Hague Service Convention.
No summary was provided
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
With distressed assets, one investor's loss can be another's gain.
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.
Wednesday, June 20, 2018
Politicians are misusing trailer bills, meant to implement the state budget, to enact far-reaching policies that have virtually nothing to do with the budget, and without any of the traditional safeguards, such as waiting periods and public hearings.
Monday, June 18, 2018
Pharmaceutical firms donate an enormous amount of their products. Pfizer, for example, donated $4.7 billion in medicines in 2017. And yet all that generosity doesn't seem to be helping its reputation. According to Gallup, only about a third of Americans hold a positive view of the pharma industry, which makes it nearly as unpopular as the federal government.
Friday, June 15, 2018
No summary was provided
Thursday, June 14, 2018
No summary was provided
Wednesday, June 13, 2018
In a nearly unanimous decision, the justices ruled Monday that tolling provisions that allow plaintiffs to bring individual lawsuits after relevant statutes of limitations periods pass if a previous attempt at class certification fails do not apply to subsequent tries at class-wide complaints.
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.
Friday, June 8, 2018
Recent changes in the tax landscape can have an impact on the way you give, and here are 4 outside of the box ways to donate.
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?
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
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.
Thursday, May 31, 2018
No summary was provided
Wednesday, May 30, 2018
No summary was provided
Tuesday, May 29, 2018
The U.S. high court's recent sports betting ruling is sure to cause a flurry of activity in state legislatures across the country.
Friday, May 25, 2018
Consider the benefits of working another year or more before retirement.
Thursday, May 24, 2018
Undoubtedly, California will cite the case to shield against the United States' lawsuit challenging the state's sanctuary cities law.
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
No summary was provided
Friday, May 18, 2018
Freelance professionals have unique opportunities and challenges when it comes to creating a viable path to financial security.
When the California Supreme Court ruled that many independent contractors must be reclassified as employees, it may have unintentionally paved a path toward greater safety on the state's roads and highways.
Three U.S. senators are examining whether AT&T may have engaged in a "pay for play" arrangement to buy influence or to achieve certain regulatory objectives at the FCC including the repeal of network neutrality rules.
Thursday, May 17, 2018
Many patent owners feel that alleged infringers have an unfair advantage under the current system that applies different claim construction standards for different forums.
George Deukmejian, who quietly practiced law in Southern California after leaving the governorship in 1991, died last week at age 89.
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.
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
Attorney General Jeff Sessions requested friend-of-the-court briefs in March relating to an asylum case on whether suffering from "private criminal activity" made someone part of a particular social group that is eligible for asylum in the U.S.
Friday, May 11, 2018
There is a time and place for revealing the bottom line, but it's usually at the very end, not the very start of mediation or negotiations.
For many investors, cash helps protect a portion of income against market volatility and provides the ability to generate a competitive return.
Thursday, May 10, 2018
Ninth Circuit finds monkeys cannot sue for copyright infringement
Wednesday, May 9, 2018
California's economy has climbed in global rankings to 5th place behind only the United States as whole, China, Japan and Germany.
Here's one to check off your bucket list of ponderables: If you engage in an intentional act that results in an unintended accident, is it an really an accident?
The new reality in California is that cannabis interests have become a formidable lobbying force.
Tuesday, May 8, 2018
While using independent contractors gives companies an edge, California's high court said it was an unfair competitive advantage.
People love our stories more than they love the raw facts
Comprehensive tax reform will require heavy political lifting.
Monday, May 7, 2018
In theory, millions of borrowers are eligible to have their debts forgiven after a decade of public-service work. In practice, the program has produced a litany of frustrations. But there is at least one person who has made the 120 qualifying payments and now has a zero balance as a result, thus joining a very small club of the forgiven.
There is a cyclical quality to California's perennial debate over taxation, one most evident in the tax-related ballot measures placed before voters.
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.
Friday, May 4, 2018
For an increasing number of investors, investing is not just about selecting opportunities that do well in their portfolio. It's about owning investments that also make a positive social impact.
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.
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
What is the one thing that sets humans apart from all other animals? Some say it's our innate curiosity; some say our language. Others say it's our culture. Our capacity for trade — our ability to create markets and respond rationally to supply and demand — would seem an obvious, and particularly strong, candidate for what make us human. And yet research suggests that economic activity isn't as uniquely human as we might imagine.
Monday, April 30, 2018
California labor laws generally discourage overtime work by requiring employers to pay a premium for extra work hours.
Friday, April 27, 2018
These programs are helping create a generation of "social justice solos" while diversifying the legal profession.
Thursday, April 26, 2018
The Supreme Court left intact a system created by Congress in 2011 that has been used by potential patent infringers to challenge and invalidate thousands of patents.
Wednesday, April 25, 2018
Autonomous technology is far from perfected, but the end result will benefit generations who have yet to even be conceived.
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.
In searching for a new chief public defender, the L.A. Board of Supervisors should only consider candidates with substantial experience in holistic indigent defense.
Tuesday, April 24, 2018
In light of the recent US-China trade dispute, various Chinese companies are facilitating alternate shipping routes through other countries in hopes of circumventing new tariffs.
The lieutenant governor has few, if any, substantive duties other than take over if a governor dies or resigns.
Monday, April 23, 2018
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.
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.
Thursday, April 19, 2018
The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act ("DMCA").
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.
Monday, April 16, 2018
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.
Thursday, April 12, 2018
Not only have the past several years demonstrated anew that "normal" is alternating periods of wet and dry, they also underscore just how dependent California is on its massive array of reservoirs, canals and other waterworks.
Courts are grappling with claims that comprise an innovative method performed within an ordinary computer that does not improve the computer itself.
Not only have the past several years demonstrated anew that "normal" is alternating periods of wet and dry, they also underscore just how dependent California is on its massive array of reservoirs, canals and other waterworks.
Courts are grappling with claims that comprise an innovative method performed within an ordinary computer that does not improve the computer itself.
A discussion of a few of the most common aspects of patent law that are misunderstood.
The number and variety of emotional support animals seem to expand yearly. Also expanding is the amount of litigation involving these animals.
Wednesday, April 11, 2018
While the latest version of the High-Speed Rail Authority business plan appears to be more realistic about cost and construction schedules than its predecessors, it's still sorely deficient, as its official reviewers pointed out last week during a legislative hearing.
Tuesday, April 10, 2018
Dropbox had a strong market debut last week and has reassured investors with large holdings in other private start-ups.
Monday, April 9, 2018
No summary was provided
We should demand that the federal government quit providing grants to school districts for not reporting criminal activity of their students to law enforcement authorities
Friday, April 6, 2018
One of the most difficult and unexpected provisions of the newly enacted Tax Cut and Jobs Act is the three-year holding period on "carried interests," which has especially significant implications for those in the real estate industry.
In the long run, only Congress and the president can resolve the underlying issue: the extent to which the United States will permit the entry of particular immigrants.
There are a variety of ways grandparents can help their grandchildren financially in the pursuit of a college degree.
Like many things, the issue will come down to negotiation power, leverage, fear of negative publicity and loss of potential revenue at the box office by the studios for failure to act equitably.
If you are committed to filing your return on time, consider how likely your return is to be audited, and whether there is anything you can do to reduce that likelihood.
Thursday, April 5, 2018
There are four types of intellectual property protection, and it is important to understand the distinctions between them to keep your business safe.
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.
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.
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.
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.
Friday, March 30, 2018
Emotional turmoil brought on by divorce can make it hard to prioritize your finances, but there's never been a more important time to make sound decisions. Even if you're eager to move forward with your life, take the time to evaluate your retirement plans thoroughly.
Absent a codified exception, party declarations are now disallowed if there is no opportunity for cross-examination.
Argent Communications Group held its Fourth Annual Conference on California Land Use Law and Policy on March 5 in Los Angeles.
Last week, the 9th Circuit affirmed the bulk of the controversial copyright infringement verdict against Pharrell Williams and Robin Thicke.
Thursday, March 29, 2018
A common sense conclusion lies at the heart of the Martins Beach case — that is, the constitution does not distinguish between temporary and permanent takings.
Lawsuit claims LegalZoom engages in the unauthorized practice of law when its non-attorneys instruct customers on how to register trademarks.
California's top-two primary system may change the methodology of political trickery, but it's always with us, and voters should be ever vigilant.
Over the past few years, voters in hundreds of California cities and other local governments were asked to pass tax increases, and indications are that another big batch of local tax measures will be on this year's ballots.
Wednesday, March 28, 2018
Instead of the cakewalk Senate's Democratic leaders assumed when persuading Sen. Dianne Feinstein to run again, they find she is taking heavy fire from the left wing of her own party.
Tuesday, March 27, 2018
A recent California appellate court opinion highlights the danger that the design-bid-build system can bring when it is not applied in a way that protects the public dollar.
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.
Does a finding of probable cause in a preliminary hearing preclude a subsequent false arrest claim? Courts are split.
In a split decision, the 9th Circuit affirmed in part and reversed in part the judgment after a jury trial that Pharrell Williams and Robin Thicke's song "Blurred Lines" infringed Marvin Gaye's composition of the song "Got to Give It Up."
Monday, March 26, 2018
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.
Thursday, March 22, 2018
Americans have spent much of the past decade wondering when the economy would recover from the crippling Great Recession. Now, they are considering another question: When, and how, will that recovery end?
Wednesday, March 21, 2018
Arizona officials saw opportunity when Uber and other companies began testing driverless cars a few years ago. On Sunday night, an autonomous car operated by Uber — and with an emergency backup driver behind the wheel — struck and killed a woman on a street in Tempe, Arizona. It was believed to be the first pedestrian death associated with self-driving technology.
Tuesday, March 20, 2018
Dropbox, the online file storage company, is poised to hold one of the year's most highly awaited stock market debuts. But whether investors think the technology darling is more valuable as a publicly traded company or as a privately held start-up is debatable.
Monday, March 19, 2018
As of February 5, 2018, California Assembly Bill 403 imposes stiff consequences on members of the legislature or employees who interfere with an employee's right to make a protected disclosure.
Friday, March 16, 2018
Switching employers can have a substantial impact on your financial life. Four tips to help keep your finances on track through the transition.
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.
At the June election, four public defenders hope to unseat four judges simply because they were appointed by a Republican governor.
As the battle between federal preemption and states' rights heats up, California Attorney General Xavier Becerra stands tall in defense of the Immigrant Worker Protection Act.
Wednesday, March 14, 2018
Republicans are exploiting the Democratic Party's abject lack of discipline and gaming California's top-two primary system to potentially block Democratic challengers from reaching the November ballot.
Tuesday, March 13, 2018
This new authority split calls into question the availability of Section 1260.040 legal issue motions, leaving inverse condemnation litigants in limbo.
Last month, the California Supreme Court granted review of a case seeking redress for past and future costs of providing increased care to opioid-addicted residents.
Google currently has multiple lawsuits filed against it by former employees alleging that the companies' diversity practices are both too disruptive and too ineffective.
Rather than asking the courts to do their job for them, our elected representatives should do what they're being paid for and get down to business.
Monday, March 12, 2018
The gender pay gap is a phenomenon prevalent all over the world and when adjusted for discriminatory factors, the reasons for its existence become less clear with some differences attributed to small but important variance in each gender's behavior.
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.
The California primary election takes place on June 5. The state's general election follows on Nov. 6. This includes the election of judges of the superior courts.
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.
Wednesday, March 7, 2018
California's commission process for redistricting isn't perfect, but it's one that other states should emulate.
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.
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.
Thursday, March 1, 2018
As the euphoria of the Winter Olympics subsides, it's time to shine a spotlight on the explosive evidence against our country's most respected athletic organizations which have failed miserably to address a culture of sexual abuse and harassment involving young athletes.
You can't read minds. Still, the field of body language is packed with junk science, some of which is delightfully funny.
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.
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.
Wednesday, February 28, 2018
Now that it is election season, the legal community once again will turn part of its focus upon the upcoming elections for superior court judge, which occur on a countywide basis throughout California.
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.
Tuesday, February 27, 2018
A recent federal court ruling and a case recently argued before the California Supreme Court are the most recent installments in the ongoing effort to reconcile employee classification with the gig economy.
There are many situations in which employers are obligated to give their employees time off from work. The California Family Rights Act has expanded the class of employers to include small business, so it is always pertinent to check and see which forms of leave are protected before coming to a conclusion.
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.
It looks like Gavin Newsom and Antonio Villaraigosa will be the June primary election's top two vote-getters and will face each other in November for the governorship.
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
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.
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.
Tuesday, February 20, 2018
The complaint that Stone Brewing filed in District Court against MillerCoors epitomizes the fight between craft brewers and "Big Beer." It will be interesting to see how it plays out.
Grateful Dead lyricist and internet activist John Perry Barlow passed away last week. So who will pick up where he left off?
During over three decades of prosecuting legal malpractice claims, I have been asked over and over again for concrete ideas to help lawyers eliminate or at least reduce the risk of being sued by an unhappy client.
History's ultimate "bar exam question" is the fact pattern in United States v. Libellants of the Schooner Amistad, the U.S. Supreme Court's first civil rights case.
Friday, February 16, 2018
The most sweeping tax reform legislation in decades was enacted into law at the end of 2017. If you pay federal income taxes, you are likely to see an impact this year.
A ruling clarifies that parties without a contractual relationship who each perform separate steps of a method claim can satisfy the Akamai divided infringement test.
Businesses must be careful to ensure that they are properly insured for the substantial risks they face.
Suing oil companies for causing climate change has become a popular exercise in California's coastal communities. However, winning in court is another matter, and by just filing the actions, California governments may be risking their ability to borrow money at low rates.
On Feb. 5, San Francisco's public defender, Jeffrey Adachi, wrote an op-ed for the L.A. Times criticizing judges' and prosecutors' bail use in California.
Thursday, February 15, 2018
On Wednesday, Loyola Law School will formally open our Loyola Social Justice Law Clinic, a consolidated space on campus.
Now, they're getting their wish, or at least a fun-house mirror version of it. All it took was total Republican control of the government.
Wednesday, February 14, 2018
Proposition 50, a constitutional amendment that voters approved in the June, 2016, primary election, empowers legislative houses, by a two-thirds vote, to suspend without pay, members who either face criminal charges or are deemed to have breached the public trust.
First, an ISP was held liable for not blocking a copyright infringer, and now a California federal court has issued an injunction against TickBox, which makes a device that allows users to stream pirated content.
Tuesday, February 13, 2018
The U.S. Supreme Court has unanimously held that challenges to the so-called "Waters of the United States" rule must be heard by federal district courts.
Mudslides and an earthquake already have occurred in 2018. Along with the terrible losses, a natural disaster can significantly disrupt business operations, affecting employees and employers alike.
Monday, February 12, 2018
Should we go with an insider or an outsider? This is among the central questions that companies ask themselves when choosing a new chief executive.
Friday, February 9, 2018
When the evidence shows that an ISP fails to enforce the terms of its own policy in any meaningful fashion, that ISP has not "reasonably implemented" a repeat copyright infringer policy.
This year, voters in two California communities face recall efforts, one aimed at Democratic Sen. Josh Newman in Orange County, the other at Santa Clara County Superior Court Judge Aaron Persky. The cases against both are paper thin.
Thursday, February 8, 2018
When the evidence shows that an ISP fails to enforce the terms of its own policy in any meaningful fashion, that ISP has not "reasonably implemented" a repeat copyright infringer policy.
Wednesday, February 7, 2018
It's hypocritical for the Legislature to exempt itself from the laws and procedures it imposes on others, as the firestorm over sexual harassment underscores. If would-be miscreants know that their behavior can be reported and revealed to the public, they'll be much less likely to do it.
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.
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.
Friday, February 2, 2018
The water tunnel and high-speed rail projects that Jerry Brown has touted are plagued by problems.
A Riverside case involves the right of people with developmental disabilities to marry as well as the right not to be pressured into marriage through undue influence.
It may make sense to use both active and passive investments to effectively build and manage a diversified portfolio.
Thursday, February 1, 2018
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
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?
It is that time of the year again! U.S. Citizenship and immigration Services begins accepting petitions for new H-1B "CAP" visas during the first week of April.
Los Angeles and San Francisco are suddenly in the throes of turmoil as they search for new leaders.
New Internal Revenue Code Section 164(b)(6), titled Limitation On Individual Deductions for Taxable Years 2018-2025, prevents an individual from deducting more than $10,000 of state and local taxes.
Tuesday, January 30, 2018
To make matters more complicated, the laws' size thresholds are inconsistent.
The U.S. Supreme Court will consider the question in a case it agreed to hear earlier this month.
Recent months have yielded decisions which will impact some aspects of insurance litigation.
Monday, January 29, 2018
A recent case out of the Ninth Circuit, Oracle USA, Inc. v. Rimini Street, Inc. (July 13, 2017), illustrates some of the risks third party software vendors run concerning copyright issues.
The Tax Cuts and Jobs Act is anything but simplifying with respect to its international tax code provisions. Co
Hitachi Chemical Co. agreed to settle its part of a massive antitrust case involving the global capacitor market.
Friday, January 26, 2018
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?
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.
Electronic logging records will make a personal injury lawyer's job easier when proving a driver involved in an accident had exceeded the time he or she could lawfully remain behind the wheel.
Thursday, January 25, 2018
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.
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.
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