GUEST COLUMNS
Friday, July 31, 2020
With a referendum, California's Constitution gives voters the right to overturn unjust laws passed by the Legislature. This year, we have the chance to reject a law that will make our justice system even more racially biased and burden our counties with hundreds of millions in new costs when they can least afford it.
When legislators passed and Gov. Gavin Newsom signed a 2020-21 state budget in June, they described it as "balanced."
Many Americans took advantage of May's long Memorial Day weekend by venturing out of town for the first time in weeks, to gather with family or visit resorts. A few weeks later, COVID-19 cases began a vertiginous rise.
It has never been more clear that our criminal justice system needs major reforms to meet its promise of justice for all. For far too long, the money bail system has not only failed to keep us safe, it has served as a one-way door into a racially biased penal system.
Thursday, July 30, 2020
If there was ever a good time to convince people guaranteed income can make a difference, Stockton Mayor Michael Tubbs figured it'd be in the middle of a pandemic that is taking a heavier toll in poor neighborhoods and among Black and Latinx communities.
An unpublished decision from the Northern District of California emphasizes how important it is for attorneys to follow patent local rules.
Wednesday, July 29, 2020
For those who have either forgotten or don't keep up with takings law, Kelo v. New London was the bombshell case in which a 5-4 majority approved the condemnation of an inoffensive working class Connecticut neighborhood in order to provide amenities for the nearby Pfizer development.
The pandemic-truncated 2020 legislative session, which resumed this week, has no shortage of business to conduct and just a month to do it — unless Gov. Gavin Newsom grants an extension.
Tuesday, July 28, 2020
The object of this article and accompanying self-study test is to familiarize readers with procedures under the Government Claims Act (Gov. Code Sections 810, et seq.), the statute that must be complied with when litigating actions against public entities.
The court's rationale is that motions under that statute are limited to eminent domain actions and other remedies, such as summary judgment motions are available. The Weiss decision is logically flawed and will inevitably result in waste of precious judicial resources.
Even before the onset of COVID-19, the cost of health care was becoming a public health crisis of its own.
Monday, July 27, 2020
On July 16, the Court of Justice of the European Union announced its much awaited decision in the Schrems II case. The court declared that the EU-U.S. Privacy Shield Framework invalid. Finding that the United States cannot provide the requisite level of protection to EU residents' personal data will undoubtedly significantly affect businesses here in the U.S.
Friday, July 24, 2020
Over the course of their lifetime, the average American changes jobs 12 times and works for 5-7 different employers1. If this rings true for you, you may be among the millions of people who have started 401(k) or 403(b) plans with multiple companies over the years.
As California's daily COVID-19 case count surpassed 11,000 for the first time, it is clear that the state is by no means out of the woods with this pandemic.
Thursday, July 23, 2020
The past few months have seen a historic surge in both state and federal legislation aimed at lessening the detrimental effects of the current pandemic on the health of both individuals and the economy as a whole. This has included multiple congressional relief bills, along with a multitude of other laws by states across the nation aimed at protecting individuals and employees affected by COVID-19.
In f'real Foods, LLC et al v. Hamilton Beach Brands, Inc. et al, 1-16-cv-00041 (DDE 2020-07-16, Order) (Colm F. Connolly), plaintiffs freal Foods, LLC and Rich Products Corporation sued defendants Hamilton Beach Brands, Inc. and Hershey Creamery Company for infringement of four patents on four accused products that are high performance blenders manufactured by Hamilton Beach.
Despite the concerted efforts to pressure the insurance industry for business interruption payments, none have been successful as one French restaurant, and the ruling is leading to more settlements.
Wednesday, July 22, 2020
We certainly know that COVID-19 strikes hardest, sometimes fatally, at those who already have weakened bodies, such as the elderly.
The past months have been a time of exceptional change and challenge for Green Dot Public Schools -- as they have for most organizations, families and communities.
Tuesday, July 21, 2020
In June we marked the one-year anniversary of Gov. Gavin Newsom's formal apology to California's Native American people for official atrocities and genocide committed against them by the state.
From San Onofre to Humboldt Bay, nuclear waste is piling up in California. This most-toxic waste -- tons and tons of it -- is deadly for 200,000 years. Stranded next to a rising ocean at aging and decommissioned plants, the waste has no permanent home. California is overdue in showing leadership.
A month ago, everyone in Merced County infected with the coronavirus got a call from county officials, asking questions about whom they'd come in contact with. It's a tracing process that experts say is critical to stopping the spread of the highly infectious disease.
Monday, July 20, 2020
California scientists and air quality officials said Monday that the Trump administration's decision to not strengthen health standards for a key ingredient of smog fails to protect public health, particularly children with asthma.
If you think that voter suppression only happens in Southern states like Kentucky or Georgia, then let me tell you that we have voter suppression in liberal California, too.
As the nation grapples with growing demands for coronavirus testing, renewing shortages and delays in results, California is setting new guidelines for who gets tested first, state health officials announced today.
Tuesday, July 14, 2020
If officers shot and killed Sean Monterrosa in Connecticut or New York — instead of in Vallejo, California — a state agency would investigate the June 2 incident, when a police officer reportedly mistook a hammer in the 22-year-old Latino man's sweatshirt for a gun and fired shots through the windshield of his police vehicle.
Wednesday, July 8, 2020
Four months out from November's election — and just three months until mail voting begins — outcomes of virtually all major California races are preordained, including a win by the Democratic presidential nominee, assumedly Joe Biden.
California cities have, in the past few months, accelerated a trend that has been developing for a few years: they are passing employment laws applicable to employers within their city limits.
Tuesday, July 7, 2020
On June 25, the California Supreme Court issued a unanimous opinion allowing a district attorney to seek recovery for violations of California's Unfair Competition law that occur beyond the borders of their county.
In 2003, the California Supreme Court held that all security personnel — including school security, school police, school resource officers, and backup officers — are "school officials" for purposes stops and searches.
Monday, July 6, 2020
Two bills currently before the California Legislature are seemingly moving quite easily through the Assembly and Senate but are facing significant opposition from the California insurance commissioner and insurance consumer organizations.
A Court of Appeal ruling recently added to the growing number of California state and federal courts holding that the websites of businesses that are connected to a "brick and mortar" physical location are covered by the ADA if there is a "sufficient nexus between the claimed barriers and the plaintiff's ability to use or enjoy the goods and services offered at the defendant's physical facilities.
Thursday, June 25, 2020
We are in a time of global pandemic and the U.S. Southern border wall is progressing. More than 180 miles of new wall has been constructed, without recent push-back from those of us who have long protested the building of a wall. But we are not silent nor unconcerned.
With camps and youth programs canceled, many California families are wrestling with how to keep their children engaged throughout the summer. For too many families, there is a more gut-wrenching challenge: how to keep their children fed.
Unicolors, Inc. creates and markets artistic design fabrics to various garment manufacturers. Some of these designs are marketed to the public and placed in its showroom while other designs are considered "confined" works that Unicolor sells to certain customers.
Wednesday, June 24, 2020
A society's budget reveals its moral values, and by that metric, 21st century America barely hovers above bankruptcy. Our budgets expose our value of a carceral, police state, or at least one imposed and inflicted upon marginalized communities of color.
Sisters Maria and Jennifer Salvador start their days before the sun. The Southern California teenagers report to work at an Oxnard strawberry farm with one goal: To harvest as many bright red strawberries as they can.
Gov. Gavin Newsom and legislative leaders announced this week that they have a deal on a new state budget to take effect on July 1.
The Death Penalty Clinic at Berkley Law released a study last week that concludes that "racial discrimination is an ever-present feature of jury selection in California."
Monday, June 22, 2020
California's housing crisis is nothing new for many black Californians. Systemic racism in public policy and the private housing market has long made finding a safe, stable and affordable home in the Golden State a more difficult prospect for its roughly 2.2 million black residents than for white people.
Recognizing the need for civil litigants to have a venue to resolve disputes outside the court, members of that task force, representing both the plaintiffs and defense bar, came together to form RESOLVE Law San Diego.
Assembly Bill 2501 must pass off of the assembly floor by Friday. If passed, the bill will put in place certain loan forbearance requirements, eviction and foreclosure moratoriums, tenant rent relief requirements, and other borrower and tenant protections.
Friday, June 19, 2020
Interest rates recently hit all-time lows as the Federal Reserve made cuts to mitigate the financial impacts of COVID-19. If you're a homeowner with a monthly mortgage payment, you might be wondering if now is a good time to refinance.
A federal judge sided with California's community colleges on Wednesday in ruling that the Trump administration illegally restricted recent federal stimulus funds to as many as 800,000 students, including undocumented students.
As state and local governments across the country scramble to cover the largest budget deficits in a generation, we face heartbreaking decisions about what we can and cannot pay for.
As a branding idea, "Defund the Police" may be the worst slogan since New Coke, but as a policy matter, it is something most California communities should consider.
Breanna Dixon doesn't remember struggling to breathe when she overdosed, but her younger brother Joshua hasn't forgotten the sound.
Throughout California, protesters are calling for divesting from police and investing in policies that create true community safety.
Thursday, June 18, 2020
Commercial and residential tenants and landlords seeking to address the financial impact of COVID-19 shelter-in-place orders and reopening plans have encountered a confusing maze of new laws at the city, county and state levels.
The United States Patent and Trademark Office has established a new program for prioritized examination for patent applications for inventions related to COVID-19 and for trademark applications for marks used for certain medical products and services used in connection with COVID-19.
Wednesday, June 17, 2020
Only a little more than a week after the protests started, a panel of the 4th Circuit issued an opinion on the use of excessive force by the police against a homeless black man.
One would think that with demonstrations against police brutality raging throughout the state, even in small rural towns, officers who monitored the protests would have been on their best behavior.
Recently, Sen. Mike Braun introduced the Conditional Approval Act, which would amend the Federal Food, Drug and Cosmetic Act to allow for a shorter pathway to market — that is, to allow for an early, provisional, and time limited approval — for drug candidates that meet six criteria.
Three summers ago, my Stanford Law classmates and I were volunteering at an immigration detention center in rural Texas to help asylum seekers. While we were there, President Donald Trump, in a blink of a tweet, rescinded DACA, the Deferred Action for Childhood Arrivals program.
Everyone knows that tax returns are due April 15 most years. In California, that means both the IRS and the FTB. But 2020 has hardly been a normal year.
Friday, June 12, 2020
The economic shutdown that we've endured as a nation as we attempt to combat COVID-19 has created significant challenges for small business owners. Even those that were thriving before the crisis are not immune to the effects of a sustained closure or limitation on how they operate.
In recent months, many insured businesses have turned to their insurers seeking coverage for claims and losses related to COVID-19.
Thursday, June 11, 2020
Salvador Bradford takes pride in keeping his studio apartment relatively tidy. He needs to. The converted hotel room he calls home has around 250-square feet of space to fit a bathroom, stove-top, and mini-fridge.
What was once illegal is now a thriving industry. That's right — I'm talking about cannabis. But my initial statement isn't entirely accurate. Although Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington have legalized cannabis, the drug remains a Schedule I narcotic under the federal Controlled Substances Act.
Wednesday, June 10, 2020
While historically the issue of noncompete enforcement has been left to the states, the last year has seen the U.S. Department of Justice and the Federal Trade Commission begin to examine the effect of such covenants on the labor market.
On May 21, the SEC published its final rule regarding Amendments to Financial Disclosures about Acquired and Disposed Businesses. While the feedback submitted during the comment period was generally positive and supportive of the proposed amendments, in our view the rule could have negative consequences for investors.
Monday, June 8, 2020
Depending on your viewpoint, now is either exactly the right time or precisely the wrong time to take up a proposed change to the state constitution that seems certain to reignite a heated debate about race and justice in California.
The November election is just five months away, yet there is still uncertainty about how Californians will be voting during the COVID-19 pandemic.
As front-line health care workers who see the catastrophic consequences of failed public policy, we write to support the youths' effort to have the case heard en banc.
Eloy Ortiz Oakley wants to change how police officers in California are trained.
Revenues from California's quarterly cap-and-trade auction collapsed this week for the second time in four years.
The latest dustup In California's water wars, as noted in Dan Walters' commentary, revolves principally around the federal government's efforts to increase the amount of water supplied to farms and cities by the Central Valley Project, and a breakdown in cooperation between the state and federal government.
Friday, June 5, 2020
Forty years ago Willie Ramírez entered a hospital and forever gained a place in history. The 18-year-old baseball player, semiconscious and unable to speak, suffered a brain hemorrhage that doctors did not properly diagnose. Why? Mostly it was an incorrect understanding of a term used by the young man's girlfriend and her mother to describe what might have caused his sudden incapacity: "intoxicado."
As we learn more about COVID-19 daily, it is increasingly clear that impacts are largest for individuals with health risks, the economically disadvantaged and people of color. Prisons concentrate these vulnerabilities in a single institution. And institutions with concentrated vulnerabilities put us all at risk.
As Californians continue to protest the death of George Floyd and what it signifies about broader racism, thus far two counties and the mayors of Los Angeles, Long Beach and Sacramento have requested — and received from Gov. Gavin Newsom — a contingent of National Guard troops. But that seemed insufficient to satisfy President Donald Trump, who denounced the sometimes violent protests and threatened to send military troops if states fail to make full use of their National Guards. Here's what to know about the Guard and its role in California.
One possible upside to a down market comes in the form of a long-recognized strategy called tax loss harvesting. The concept took a backseat in the midst of an 11-year bull market, but it has jumped back into discussion now.
In the midst of this pandemic, college-age students and their families are considering what to do next fall. The most interesting question posed to me is: should I take a "gap year"?
As California's public schools near the sunset of a school year upended by a global pandemic, they now enter a frenetic summer of planning.
California is facing intersecting crises that place a heavy, dangerous burden on pregnant people.
An Assembly bill that would close a loophole and ensure funds intended for disadvantaged students unanimously passed the Education Committee last month, but it drew significant opposition.
Thursday, June 4, 2020
In Ferring Pharmaceuticals Inc. et al v. Serenity Pharmaceuticals, LLC et al, 1-17-cv-09922 (SDNY 2020-05-27, Order), Chief Judge C.J. McMahon of the Southern District of New York ordered an upcoming bench trial set to begin on July 6, 2020 in a patent infringement case to be "all remote," at least in the sense that at a minimum all the witnesses will testify remotely.
Wednesday, June 3, 2020
I spent my final years at Harvard studying hard and working hard to fight for race conscious admissions policies there. After graduating last year, I returned home to California as another conversation about affirmative action was emerging with Assembly Constitutional Amendment 5.
As the crises cascade one upon the other — pandemic, economic decline and racial conflict — Democrat Gavin Newsom's governorship bears an increasingly eery resemblance to that of Republican Pete Wilson three decades earlier.
Tuesday, June 2, 2020
One day after the California Legislature reconvened this month, the controversial Assembly Constitutional Amendment 5 was approved in committee, 6-1, under the moralistic appeal of "hope for all."
Every Californian has been affected by the COVID-19 pandemic -- some simply inconvenienced, while others suffer serious consequences. Between distance learning, telehealth and widespread use of telecommuting, internet connectivity is no longer optional.
Monday, June 1, 2020
Governments' efforts to address the novel coronavirus pandemic include measures that closed or curtailed many businesses' operations. As governments relax these restrictions, businesses must hire, rehire, or recall employees who were laid off or paid to be on call.
Friday, May 29, 2020
This Sunday, just as the disciples were "together in one place," a number of churches throughout the state are planning to mark the occasion by defying local health and safety orders and gathering their members together in one place.
No one could have predicted with certainty how quickly the COVID-19 pandemic would change the lives of so many around the world. Fear of infection, stay-at-home orders and a rallying cry to help "flatten the curve" have drastically changed how people behave in their daily lives. In the face of so much uncertainty, the need to have an emergency fund -- a tool that can help your family manage the financial fallout in the case of a job loss or other unwelcome impact -- has come to the forefront.
Thursday, May 28, 2020
The extraordinary events of the last few months have affected millions of lives and the one thing that can restore more certainty and control in litigation is self-resolution of disputes, as courts seem handcuffed and continue to broadcast that there will be significant delay in providing the justice that litigants seek.
Certain literary or graphic characters may, in some cases, enjoy copyright protection. Think James Bond - or Batman and even his Batmobile. Recently, the Ninth Circuit was called upon to determine whether the Moodsters, "anthropomorphized characters representing human emotions," are subject to the same copyright protection as Batman. Sadly, the Ninth Circuit concluded they do not.
As employers today navigate complex issues that they had never imagined, there are more than a few myths circulating about the impact of COVID-19 on wage and hour laws that are worth mentioning — and worth debunking.
Previous articles indicate that if COVID-19 is a force majeure event, it is one like no other ever litigated: a worldwide pandemic, occurring in continuing phases, with no known cure or end, and a waterfall of events, specifically including social and economic shut down of most the United States and a number of other countries.
Wednesday, May 27, 2020
Even before COVID-19 rocked California, there were stark economic differences between the state's two major metropolitan regions — the San Francisco Bay Area and Los Angeles County-centered Southern California — and the pandemic will widen the gap even more.
There is broad acknowledgement across the state that communities of color, particularly black and Latino communities, are bearing the brunt of the COVID-19 pandemic.
Tuesday, May 26, 2020
As luck would have it, an urgent client matter required that I make an ex parte appearance at Stanley Mosk in the second week of May, when the rate of COVID-19 infections was alarmingly high and while the Safer-At-Home Order was in full force.
It's a crazy time. You're home with the kids. Your sister Roberta is taking care of mom half a state away and worries that mom won't outlive the virus. Roberta has bills and wonders if mom's estate plan leaves her enough money. You hope Roberta's not being too overbearing or eager about her inheritance, or maybe she's even taking early bites at the apple. But how would you know if she was?
As lawyers, we are trained to examine facts, uncertainty is unsettling. We are goal oriented, so future ambiguity is disturbing. If we are able to meet the moment to embrace growth and change, we have an opportunity to create a new personal and professional paradigm from this bridge in time.
Friday, May 22, 2020
Apple and Google are releasing application interfaces this month that marshal a smartphone's Bluetooth capability to trace a person's movements. The smartphone broadcasts a random identifier that will be recorded by other cellphones that come within close proximity and vice versa.
In these challenging economic times, many worthwhile charitable organizations find themselves in a precarious financial position. Meanwhile, they are experiencing unprecedented demand, especially those charities who provide basic needs like food and shelter.
The difficulty in resuming civil jury trials any time soon, coupled with the reluctance of many civil parties to consider settlement seriously without a looming trial date, is a problem that should concern both courts and civil litigators. The new normal during this pandemic poses a long-term threat to the health of our civil justice system, and we must find ways to keep cases moving despite the growing backlog of civil cases.
Last month, the Court of Justice of the European Union issued a landmark decision concerning the liability of internet intermediaries for intellectual property infringement.
Thursday, May 21, 2020
Eventually, it was bound to happen. A patent application was filed by a machine. Well, not exactly. A human being filed a patent application naming a machine as the inventor.
Adding to the maze of federal and state coronavirus legislation, Gov. Gavin Newsom recently announced sought-after property tax relief for California homeowners and businesses who have demonstrated financial hardship due to the COVID-19 pandemic.
Wednesday, May 20, 2020
Clem Miller, a congressman from California's North Coast known as Spendin' Clem for his ability to bring home pork-barrel funding, was a shoo-in for re-election to a third term in 1962.
Parker Tenove remembers looking at his track and field schedule for the 2020 spring season, marveling at the opportunity to run at competitions in California cities from Santa Monica to Bakersfield.
Tuesday, May 19, 2020
The first step to effectively deal with any problem is defining it accurately — and the recession-battered state budget is a case in point.
As the mayor of Oakland, I make hard decisions every day and see firsthand how stretched thin we are, and it couldn't be more clear: We need new resources to support and invest in our essential workers and local services. We need the Schools & Communities First initiative.
California's Latino community is experiencing the brunt of the COVID-19 pandemic's impact. About 50% of the state's more than 62,000 cases, and 33% of its total deaths are Latino, more than any other racial or ethnic group in California.
Friday, May 15, 2020
As missed rent payments and delinquent mortgages pile up across the state, California Democratic lawmakers Tuesday introduced a series of sweeping proposals aimed at shielding homeowners, renters and landlords from the economic fallout of the COVID-19 pandemic.
Thursday, May 14, 2020
The battle started almost six years ago. A Utah-based company known as Dan Farr Productions ("DFP") decided to use San Diego Comic Convention's ("SDCC") registered trademark COMIC-CON in conjunction with its own comic and popular arts convention, resulting in SDCC filing suit in the Southern District of California. SDCC alleged in its complaint that it has the exclusive right to utilize its COMIC-CON trademarks and has done so in connection with its comic convention since 1970.
The governor recently issued Executive Order N-51-20 which ordered private sector employers of more than 500 employees to provide "food sector workers" up to 80 hours of paid sick leave for health reasons related to COVID-19.
Wednesday, May 13, 2020
Early in his second governorship, Jerry Brown championed a major overhaul of school finance that, he pledged, would close the stubborn "achievement gap" that separated poor and English-learner students from children of more privileged circumstances.
Tuesday, May 12, 2020
While it's not possible to cover all of the legal issues that nonprofits are currently facing in this one column, I'm focusing this month on a few of the key issues I'm seeing.
It is important that businesses enduring significant financial distress, even if the problems only arose as a result of fall-out from the pandemic, act proactively to sustain viability and chart a viable path forward.
Monday, May 11, 2020
Under cover of the COVID-19 pandemic, Gov. Gavin Newsom is poised to sign off on a request to slash health care provider accountability for negligent, reckless and abusive conduct toward patients, which could harm elders, people with disabilities and people in marginalized communities. The governor needs to change his mind.
If California voters had been allowed to rank multiple candidates on their ballot in order of their preference, as one state does, the real winner of the Super Tuesday primary held nearly two months would have been announced much sooner. And the preference of a majority of voters might surprise you.
Friday, May 8, 2020
As our communities grapple with the fallout of the COVID-19 pandemic, structural inequities in our health care systems and economy have been brought to light, with Latinos and people of color bearing the brunt of these injustices.
California's public transit agencies deliver a vital service every day, and especially during times of emergency -- providing critical mobility options for millions of frontline health care, public safety, grocery and restaurant workers fulfilling essential roles during the COVID-19 pandemic.
Thursday, May 7, 2020
It is still early in the post-COVID-19 credit cycle, but the pandemic is already working its way into credit documents, and may likely become a fixture in them going forward.
"Bring Back Borello!" will never work as a rallying cry, but it might be a timely agenda item for California legislators to seriously consider when the coronavirus coast is clear for them to return to Sacramento.
With the most STD cases in the nation, California needs to expand access to prevention and treatment
While California's health system is focused on the COVID-19 pandemic, our state's capacity to test, treat and conduct community tracing activities for sexually transmitted diseases has been dramatically reduced.
On Monday, May 4, 2020, the Supreme Court of the United States heard oral argument in United States Patent and Trademark Office v. Booking.com, B.V. For the first time in the history of the Court, the argument was live streamed via multiple outlets, including CNN, enabling us trademark junkies to listen to the argument in real time.
After the Great Recession of 2008, Congress enacted a federal stimulus package that bailed out the banking and auto industries. This time around, Angelenos and the American people need a bailout in the form of rent and mortgage forgiveness.
Every first of the month, California's past due rent bill gets bigger. As the state enters May sheltering in place for the seventh straight week to stop the spread of COVID-19, nearly 1 in 5 California workers have filed for unemployment, with millions more wondering if their next paycheck will actually materialize.
Wednesday, May 6, 2020
California doctors are diagnosing anything from appendicitis to strep throat with only a phone during the coronavirus pandemic. Video visits and conversations are the closest doctors can get to patients who are sheltering in place and avoiding potential exposure from doctor visits.
About three-fourths of the Legislature's 120 seats are occupied by Democrats, which renders the Capitol's relatively tiny band of Republicans pretty much irrelevant.
The vast majority of people who were unhoused in California before coronavirus swept across the state are exactly where they were. Encampments still line the streets. Shelters feel more like a risk than a refuge. And affordable housing is as elusive as ever.
Just as every dog has his day, every litigant — best in show, purebred, cur, or junkyard biter — can always exercise that right, right? Well, actually not. In exceptional cases, a litigant can so egregiously misbehave that the right to appeal can be lost. We're talking here, of course, about the civil disentitlement doctrine.
In the battle to stop the spread of COVID-19, California's local hospitals are on the front lines. As the number of cases surged last month, public health officials became increasingly concerned that hospitals could be overwhelmed.
It was a few weeks into the coronavirus pandemic when I got the call from my boss. I could tell from the sound of her voice what I was about to hear: She had no choice but to let me go.
Tuesday, May 5, 2020
For more than a decade, the State Water Contractors have heavily invested in scientific research to learn more about the Bay-Delta ecosystem and the endangered species that call it home.
When California legislators, decades ago, gave governors the power to declare emergencies and quickly deal with them, they probably had in mind sudden events such as earthquakes, wildfires or perhaps riots.
Eight years ago, former President Barack Obama issued an executive order, the Deferred Action for Childhood Arrivals program known as DACA, that gave more than 700,000 undocumented immigrants brought to the United States as children, like myself, a chance to pursue the American dream.
Last week Gov. Newsom announced that eligible seniors throughout California could immediately get three free restaurant meals per day delivered to their door.
Before the coronavirus, Katie Self's days followed a predictable routine. At 5:00 a.m., she woke up her three children and got them ready for school. By 7:00 a.m., Self was hitting the books at Fresno City College, where she was studying to be a radiology technician. Classes and tutoring wrapped up just in time for her to do homework, clean the house and get dinner ready before picking her kids up from daycare at 5:00 p.m. Rinse, repeat.
Thursday, April 30, 2020
If there is anything worse than an emergency room crowded with sick COVID-19 patients, it's an emergency room crowded with doctors, nurses and essential hospital staff too sick to care for them.
As countries across the globe began shuttering campuses to combat the spread of a deadly new coronavirus, superintendent Michelle Rodriguez knew it eventually would come for her schools, too.
This article addresses key flexibilities in government contracting. An agile procurement system is critical to addressing new or urgent needs, such as the response to COVID-19. Even in these times of national emergency, however, the government contracting process can be complex.
For some time there has been a split among the Federal circuits as to whether evidence of willfulness is required in order to award disgorgement of profits for trademark infringement under Section 1125(a) of the Lanham Act.
One burning question among California employer lawyers these days is whether, with its recent decision in Frlekin v. Apple (the latest in its early 21st century minimum wage pentology), the California Supreme Court is finished, for now, with minimum wage cases?
The economic impact of the coronavirus pandemic has been devastating, and California must continue to act decisively to help mitigate the damage.
Tuesday, April 28, 2020
Restless Californians are letting Gov. Gavin Newsom know they're over his statewide order to stay home to prevent the spread of the coronavirus. At noisy street demonstrations and in polite letters from government officials, they're saying: Let us start getting back to normal.
Monday, April 27, 2020
The coronavirus pandemic is sending shockwaves through the global and national economy, and, without a doubt, reverberations from the pandemic will have a huge impact on state budgets across the country.
Fifty years ago, Americans celebrated the first Earth Day with hopes of "fixing" our broken Earth.
A party accused of infringing a patent may challenge the validity of the patent in the federal court infringement litigation or in separate administrative proceedings in the Patent and Trademark Office's Patent Trial and Appeal Board (PTAB).
Friday, April 24, 2020
Retirement is an important milestone that often comes after years (or decades) of careful planning. But even the most seasoned planners couldn't have foreseen the severe market selloff that happened in March in reaction to the COVID-19 pandemic. The abrupt end to the 10-year bull market surprised investors of all ages who are now wondering how long it will take for their portfolios to recover.
For many Asian Americans, the COVID-19 pandemic has become very personal, due to feelings of anger and fear. They have experienced verbal and physical attacks, and harassment because the coronavirus was first detected in Wuhan, China, and has been characterized as a "Chinese virus."
As our leaders in Washington look to create a jobs program focused on national infrastructure investments to sustain the U.S. economy, their decisions will significantly impact our economic future, including the industries that will — and will not — receive a lifeline through federal stimulus dollars.
Thursday, April 23, 2020
At Immigrants Rising, the Bay-Area nonprofit where I'm director of Research and Entrepreneurship, the early-stage entrepreneurs we support resemble a lot of other ambitious, millennial CEOs.
Last week, Gov. Gavin Newsom declared the obvious fact that "we are now in a pandemic-induced recession," and appointed an 80-member "Task Force on Business and Jobs Recovery" to guide our way back to prosperity.
Wednesday, April 22, 2020
Gov. Gavin Newsom announced last month that he would commit $150 million to addressing homelessness during the COVID-19 pandemic. Project RoomKey, in collaboration with local efforts, aims to shelter 50,000 of the state's more than 150,000 homeless people in hotels.
As California scrambles to protect more than 150,000 homeless residents from contracting and spreading novel coronavirus, Gov. Gavin Newsom had some harsh words Saturday for cities he accused of blocking the conversion of hotels and motels for emergency housing.
Last week, Gov. Gavin Newsom declared the obvious fact that "we are now in a pandemic-induced recession," and appointed an 80-member "Task Force on Business and Jobs Recovery" to guide our way back to prosperity.
Over the past several weeks, the COVID-19 pandemic has created images Americans never expected to see in this country: Empty supermarket shelves and people lined up outside of markets waiting to enter to purchase food.
Tuesday, April 21, 2020
It's become dangerous for some Californians to stay at home during the coronavirus pandemic. Throughout California, families sheltering in place are cut off from school, work and friends — lifelines the most vulnerable rely upon.
Monday, April 20, 2020
The California Legislature's decision to suspend work until May 4 due to the coronavirus pandemic was a wise move. Some want to take it a step further, urging that all non-essential legislation be postponed until 30 days after the statewide "shelter in place" order has been lifted.
Gov. Gavin Newsom said Wednesday the state is partnering with philanthropic groups to provide disaster relief to undocumented immigrants affected by the coronavirus who have been left out of other pandemic assistance programs.
Gov. Gavin Newsom says he sees light at the end of the coronavirus tunnel, when Californians regain "a semblance of normalcy," emerge from their homes, converse verbally rather than electronically and return to their jobsites.
All of us are afraid of what the coronavirus pandemic means for our health and job security. My neighbors have said they've either been laid off, or live in fear of being laid off.
Friday, April 17, 2020
When the coronavirus pandemic forced schools to close this spring, it exposed the California Legislature's lack of wisdom in approving a two-year moratorium on the expansion of distance learning in charter public schools.
Dr. Noah Marco might never have known that he'd unwittingly admitted a COVID-19 patient into his Los Angeles area nursing home last month if his nursing director wasn't friends with her counterpart at another nursing home nearby.
Burbank High School runs a music program that reportedly provided the inspiration for the hit TV show, Glee. It is nationally known for the competitive show choirs its students participate in as part of the program.
California will steer $42 million toward helping tens of thousands of foster youth as stay-at-home orders have drastically reduced contact and services for some of the state's "most vulnerable" children, Gov. Gavin Newsom said in his daily update.
I pulled on my surgical gloves, readjusted my face shield and took a deep breath. Waiting in a line facing me were unmasked seniors and young people. Their primary worry is not the coronavirus pandemic. Nor is it toilet paper. It's food.
Thursday, April 16, 2020
In the midst of the unprecedented economic disruption caused by the coronavirus and the governor's state-wide stay-at home order, the Washington D.C. office of the Veterans Administration Department of Education has issued a new policy that will deny California veterans and their eligible dependents access to graduate legal education at California's 17 state-accredited law schools.
The coronavirus pandemic has pushed California and the nation into uncharted waters, especially with the impact on our schools.
Their schools sit just five miles apart on opposite ends of Southern California's notoriously busy Interstate 405, but the gap between their students' distance learning experiences so far has been vast.
Nearly 1,400 signatories have signed onto a letter to the Supreme Court of California, respectfully requesting an order granting diploma privilege to all recent graduates seeking admission to the legal profession. Similar petitions are springing up across the nation.
In mid-March, a fear-induced global sell-off triggered by the COVID-19 pandemic ended the longest bull market in U.S. history -- leading us into our first bear market in 11 years. Bear markets are commonly defined as a decline of at least 20% from the market's high point to the low during the sell-off.
State and local governments fashion their own responses to the coronavirus crisis, while the national government is slow, contradictory and confused.
Wednesday, April 15, 2020
Richard Dobbs was coughing, feverish, and preparing to sleep on the sidewalk again. Dobbs, 60 and homeless in Sacramento for the past two years, had just been discharged March 28 from Sutter Medical Center's emergency department, where he was given a test for COVID-19, the disease caused by the new coronavirus, and written instructions for how to self-isolate while he awaited the results.
California health care workers may qualify for discounted hotel rooms under a new arrangement Gov. Gavin Newsom announced Thursday as part of the state's ongoing effort to limit the spread of coronavirus.
The coronavirus pandemic has been a time of heroism: medical professionals saving lives, workers checking people out at the grocery, public officials preparing their communities. Many of these heroic actions, though, are happening in spite of the economic and government systems that we had in place before the crisis.
On a recent morning in front of my house, I ran into a neighbor and her husband who were out walking their dog. We stayed 6 feet apart, of course.
The promise of freedom and prosperity enticed my parents to leave their homes in China and come to the United States. Along with their hopes for a brighter future, they brought a distrust of government forged from living under a repressive regime. Initially, they did not even approve of my career as an elected government official.
California has the opportunity to enter a new era in water management. Unprecedented efforts by leaders at the state and national level have led to the kind of cooperation that will provide valuable benefits to water users and the environment.
As the rest of us hunker down in place or, donning our masks and gloves, venture tentatively outdoors, there is a subset of individuals particularly maladapted to this coronavirus pandemic lifestyle.
The first few days of the coronavirus crisis revealed that the veneer of civilization may be thinner than we assumed.
When criminal justice advocates got together recently to lobby California lawmakers for changes to the state's prison system, they gathered as so many of us do these days: on a video conference.
On a recent morning in front of my house, I ran into a neighbor and her husband who were out walking their dog. We stayed 6 feet apart, of course.
Tuesday, April 14, 2020
Gov. Gavin Newsom has assembled an unusual alliance of corporations and nonprofits and leveraged California's massive buying power to reach a deal that will bring hundreds of millions of masks and other protective equipment to hospital workers battling the coronavirus.
It may seem that the coronavirus crisis has been with us forever, but it's been less than a month since California's officialdom began imposing a quasi-quarantine to reduce the toll on human life.
Monday, April 13, 2020
For California's seniors, the coronavirus pandemic is an especially terrifying crisis. For the state, it is also a powerful signal that gaping loopholes in protections for this vulnerable and growing population must change.
Friday, April 10, 2020
Blood tests for antibodies to the novel coronavirus will be "foundational, fundamental," to sending Californians back to work, California Gov. Gavin Newsom said on Monday. But medical experts caution that there's still a lot we don't know about whether the tests are reliable enough to ensure people's safety.
In response to the severe economic fallout stemming from the COVID-19 pandemic, a record $2 trillion fiscal stimulus package was enacted at the end of March. The wide-ranging CARES (Coronavirus Aid, Relief and Economic Security) Act is designed to help ease the financial hardships many Americans are facing. You may be wondering what, if any, economic relief is available to you. Here are some possible ways you may qualify for support.
Thursday, April 9, 2020
The Centers for Disease Control and Prevention on Friday recommended every American wear a face mask while in public to protect against contracting coronavirus.
On March 31, 2020, the U.S. Patent and Trademark Office announced that, pursuant to the Coronavirus Aid, Relief, and Economic Security Act, certain deadlines for patent and trademark applications would be extended.
In 2006, California's pledge to build 1 million solar energy systems on homes, schools, farms and businesses was visionary and audacious, but achievable.
Sue Swezey, 83, has spent the last three weeks at home caring for her son John, who is 57 and severely autistic. John needs 24-hour supervision. He cannot cross a street safely. The other day, he used a metal fork to unstick a piece of bread stuck in an electric toaster. His mother rushed in to pull the plug.
Tuesday, April 7, 2020
As the coronavirus social isolation net tightens, college professors and students face an unprecedented challenge. How do they continue teaching and learning when school buildings have closed?
We've all seen slow motion video clips of horrific damage from head-on automobile collisions staged in auto safety testing facilities. Something like that is happening to California's economy.
The global pandemic notwithstanding, most California owners are still on the hook to pay their property taxes next week — thus far, the state isn't granting any reprieves.
Monday, April 6, 2020
First with a tweet, then a news conference and interviews, President Donald Trump showed that he is considering trading American lives in the coronavirus pandemic for a healthier economy: "We can't have the cure be worse than the problem."
Friday, April 3, 2020
Across California, local leaders are making decisions about how to manage the parks, beaches and trails that many of us flocked to at the beginning of the state's sweeping stay-at-home order to contain the coronavirus.
California’s political watchdog agency is rethinking state rules allowing elected officials to solicit donations to nonprofits, following a Calmatters investigation into millions of dollars raised by state politicians for charities controlled by them, their relatives or their staff.
Since late 2017, women politicos in California have been on an impressive electoral winning streak, gaining a dozen seats in the Legislature and a bushel of victories in mayoral contests from San Francisco to Costa Mesa.
COVID-19 has precipitated a record drop in the stock market. Here are a few steps to consider.
Wednesday, April 1, 2020
Gov. Gavin Newsom expressed confidence Saturday that California has the capacity to produce enough ventilators to meet its projected needs in response to the coronavirus pandemic. But during a tour of a San Jose energy company that is refurbishing outdated ones, he cautioned that the state's need could expand significantly if the public doesn't maintain social distancing and the crisis worsens.
As the coronavirus pandemic terrorizes the nation, the federal government generally and President Donald Trump specifically have been criticized — with good reason — for their lack of preparedness and slow reaction.
The world as we knew it a few weeks ago — remember handshakes? — is now upside down. The coronavirus has sickened untold numbers of us, claimed thousands of lives, and shaken almost every corner of society.
Tuesday, March 31, 2020
One of the most important decisions facing Californians this November is whether to make any changes to Proposition 13. While voters continue to give Proposition 13 an overwhelming nearly two-thirds approval rating, there are serious questions about whether the tax cap still accomplishes more good than harm.
As California officials desperately try to slow the spread of the novel coronavirus, Chris Miller is coaxing a sample of the virus to grow in a secure laboratory at UC Davis.
On Wednesday afternoon, Gov. Gavin Newsom took his now-usual spot behind a podium in Sacramento for a livestreamed news conference and rattled off a dizzying list of statistics.
If there was ever a time for reasoned and clear-eyed leadership, it's now. The coronavirus pandemic is a public health crisis that's spawned a global economic crisis. Schools and businesses are closed. Jobs are being lost. Retirement savings have been decimated. Citizens are being told to shelter in place. Our health care system is being stressed and providers are sounding alarms about equipment and facilities shortages. Dysfunction in Washington only makes things worse.
As states and the federal government wage a battle against the spread of the coronavirus, we also face a real threat to our democratic institutions.
The rapidly expanding COVID-19 pandemic threatens the lives and livelihoods of Californians, but it also lays bare some multi-billion-dollar shortcomings in state government finances that have been ignored for decades, despite many warnings.
Monday, March 30, 2020
Many California employers have temporarily curtailed or even closed operations as a result of the COVID-19 crisis. Even temporary layoffs may require employers to distribute notices under federal or California laws known as "WARN Acts."
Friday, March 27, 2020
A day after chastising beachgoers and day-hikers for failing to take California's stay-at-home edict seriously, Gov. Gavin Newsom said the reported death of a Lancaster teen with the coronavirus is a dire sign that the pandemic "can impact anybody and everybody."
As the coronavirus pandemic was clobbering California — and the rest of the known world — this month, local government officials in Sacramento County enthusiastically decided to ask voters to approve a hefty sales tax increase for transportation improvements.
When the warm weather finally hits, most of us get bit by the spring-cleaning bug. Our to-do lists often include cleaning out our garages, basements and closets. But this year, it might be time to add another section to the list: finances.
In his State of the State address, Gov. Gavin Newsom called homelessness "the most pernicious crisis in our midst, the ultimate manifestation of poverty, screaming for our attention."
More than 2 million undocumented workers, who do not quality for many state and federal benefits, are among the hardest hit Californians as the economy is battered by the coronavirus pandemic.
California has set ambitious goals to fight climate change by reducing greenhouse gas emissions from the electricity sector. But, as the old saying goes, a goal without a plan is just a wish.
Wednesday, March 25, 2020
Less than two weeks ago, Gov. Gavin Newsom and California lawmakers were in the throes of tackling the twin issues voters considered the state's most urgent concerns: the more than 150,000 Californians without a home and the state's sky-high housing costs.
During his first couple weeks of managing California's COVID-19 crisis, Gov. Gavin Newsom's words and actions were impressively cool-headed and measured.
Owning a home is an important life goal for many Americans. Yet buying a home is not always the best financial decision for everyone.
Mornings this week have started as always for Ray Ortega and his second-grade daughter: They wake up, get dressed, eat breakfast, and prepare for their day at school and work.
Wednesday, March 18, 2020
California has a housing shortage, so the idea of a big, faceless corporation keeping thousands of homes empty for months is pretty frustrating. But a new proposal in California is aimed at changing that by allowing cities and counties to impose vacancy fines.
This is Sunshine Week, which pays homage to the principle that the public's business should be public even though officials often try to keep us in the dark about their unsavory activities.
Friday, March 13, 2020
When it comes to personal finance, what works for one person doesn't necessarily work for another. That's why money misconceptions can be so dangerous. Here are four common money myths you may have heard -- and perhaps even believe -- that need to be put to rest.
California authorities have attacked the state's wildfire crisis from every imaginable angle, but one of the most stubborn problems involves what happens when fire risk is high and utility companies shut off power so their equipment doesn't spark a blaze.
For three straight years, state Sen. Scott Wiener has tried to force California cities to swallow more apartment buildings near public transit, arguing it's the only way the state can fill its crippling housing shortage and meet its ambitious climate goals.
In his State of the State address, Gov. Gavin Newsom declared California's homelessness crisis a disgrace and declared: "Health care and housing can no longer be divorced."
The high point — or low point — of U.S. Sen. Kamala Harris' campaign for president occurred last June during a multi-candidate debate when she lashed out at former Vice President Joe Biden on racial justice.
Tuesday, March 3, 2020
For all the talk of electability, Sen. Bernie Sanders would have the Democratic presidential nomination in the bag if every voter were like Ryan Frye, his two adult brothers, his sister-in-law and his parents.
Monday, March 2, 2020
Three years with Donald Trump in the White House have been as horrific as we imagined they could be.
Employers must compensate employees for the time they spend waiting for management to inspect personal property before they leave work.
A three-day planned power shutdown this past fall was too much for owner Simon Olney of Ol' Republic Roadhouse, a popular Nevada City restaurant.
The state high court will soon decide if and when jury trials are available in these actions, including Prop 65
Friday, February 28, 2020
The devastating wildfires we face in California demand more action at the federal level. Buildings, communities and lives have been destroyed and we need to approach the issue as a crisis.
If you have a pet, you know the costs of keeping them healthy can add up quickly. From annual vet visits, to medication to special diets, pet ownership often includes a variety of expenses. Plus, you never know when they may need emergency care, surgery, or other expensive treatment.
California, as everyone knows, receives virtually all of its precipitation during a few fall and winter months and in 2019, some early rain and snow storms promised a bountiful water year.
On a recent afternoon, more than a dozen California lawmakers gathered to discuss thorny issues impacting a state that is the cradle of technological innovation — but also suffering from wildfires, aging infrastructure, and vast economic inequality.
Thursday, February 27, 2020
It has become commonplace for companies such as Google to use local servers to provide faster service to customers. This practice has raised the question as to whether those local servers constitute "a regular and established place of business" for the purposes of establishing venue in patent infringement suits in the districts where the servers are located.
At a time when rural schools all over California struggle to keep students in school, a three-year-old experiment in the southern Fresno County community of Parlier is showing some interesting results.
California voters are being asked to approve a controversial measure making it easier for developers to build apartment buildings within a half-mile of public transit. Most will think they're only voting on whether the state should borrow more money to fix broken air conditioners in schools.
There's a single number likely to be keeping Democratic candidates for president up at night, and it's 15%. Under the terms set by the national party, candidates can only win delegates — the partisan electors sent to the Democratic National Convention to secure the Democratic nomination — if they nab at least 15% of the popular vote.
Tuesday, February 25, 2020
The state of California today agreed to settle a years-long, high-profile lawsuit that accused the state of depriving low-income students of color of their constitutional right to a basic education — by failing to teach them reading skills.
The bills in the package provide exemptions to AB 5 for workers in specific industries, including freelance journalists, licensed pharmacists, musicians, and app-based drivers, among others.
Rob and Mialisa Bonta describe themselves as partners in life and partners in service. Together since they were 17-year-old freshmen at Yale, the Democratic assemblyman and his wife, an Alameda school board member, have long shared an ambition to provide young people with educational opportunities.
In recent years, state regulators and private plaintiffs have attempted to circumvent and undermine a regime of legal certainty by arguing that preemption of state usury laws should apply only if — after applying a fact-intensive, multi-factor test — the bank is determined to be the "true lender" on the loan.
The bills in the package provide exemptions to AB 5 for workers in specific industries, including freelance journalists, licensed pharmacists, musicians, and app-based drivers, among others.
If you're looking for a job or a healthy lifestyle, California remains a dream come true. Our economy created 3.4 million jobs in the 10 years since the worst of the Great Recession, accounting for one out of every seven new U.S. hires.
Monday, February 24, 2020
Nonpartisan policy analysts took aim at Gov. Gavin Newsom's proposal to use $1 billion in state funds to seed innovative climate change efforts, questioning the state's ability to even identify the right projects.
Back in the 1800s, the expression "pull oneself up by the bootstraps" meant the opposite of what it does now. Then it was used mockingly to describe an impossible act.
The California Legislature's Latino Caucus recently circulated a memo offering a potential perk for members: A trip to Cuba to learn about "culture, history and possibly government structure and policy making." The caucus' nonprofit foundation, the memo said, would help pick up the tab.
When a federal jury convicted celebrity attorney Michael Avenatti of attempted extortion last week, it sent a clear message: There are lines even the most aggressive attorneys should not cross. The verdict in U.S. v. Avenatti should be a wake-up call for lawyers across the country who like pushing the envelope.
Lawyering is hardly as dramatic, but the movie 'Man on Wire' offers an analogy to the tightrope a lawyer must walk when presenting expert testimony — albeit with vastly disproportionate stakes.
The more or less official rationale offered by the state's Democratic politicians for moving our presidential primary election to March 3 was that the nation's most populous and diverse state should play a major role in choosing a challenger to President Donald Trump and compel candidates to pay attention to our issues.
The "conviction-and-incarceration-obsessed district attorney" is a common caricature used among "progressive prosecutors" looking to unseat their more experienced opponents.
Friday, February 21, 2020
Nurse practitioner Surani Hayre-Kwan sees long-time patients and first-timers. She manages chronic illnesses, diagnoses kids with colds and refers people to specialists. She goes it alone or works with another nurse practitioner at the Russian River Health Clinic in Sonoma County.
No one can predict the future, but one thing is for sure: If we leave unanswered questions about how to handle our affairs after we pass, life for our loved ones could become much more difficult.
Last May, Burger Patch first opened its doors in midtown Sacramento with a sign that said "No Cash Accepted." The owners of the organic and vegan burger joint were worried that a cash register might invite theft.
Wednesday, February 19, 2020
The debate over the Supreme Court of California's 2018 Dynamex decision – in which the state's highest court adopted the so-called "ABC test" for determining whether a worker is properly classified as an independent contractor or as an employee – and the California legislature's subsequent codification of Dynamex via Assembly Bill 5 (A.B. 5), has dominated the legal landscape of California employment law.
In the waning moments of 2019, San Francisco's Water Department persuaded Congress to deny long-promised access to unreachable areas of Yosemite National Park.
A crisis, it's been said, is a terrible thing to waste. Stanford economist Paul Romer coined the phrase in 2004 in referring to the nation's waning education levels and it's since been adopted and adapted by others.
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.
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.
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.
Monday, January 6, 2020
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.
You may have heard an old crank in a big house ranting about appliances and unflushable toilets the other day.
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.
"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.
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
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.
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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.
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.
Monday, December 30, 2019
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.
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.
Monday, December 23, 2019
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.
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.
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.
The panel is pursuing a split from the State Bar by the end of 2019.
There is some sort of hard-to-define spiritual crisis across the land, which shows up in rising depression rates, rising mental health problems. A survey that the Pew Research Center released late last year captures the mood. Pew asked people to describe the things that bring meaning to their lives.
Friday, July 19, 2019
One of the most important decisions you will make in retirement is when to begin receiving your Social Security benefits. Yet this decision often depends on another: whether you plan to retire or keep working. The following are some pointers to help you make both decisions with confidence.
Tuesday, June 18, 2019
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 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.
The trial will pit Apple's Chief Executive Tim Cook and Qualcomm's CEO Steve Mollenkopf in the witness box.
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 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."
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.
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.
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