GUEST COLUMNS
Tuesday, March 26, 2019
Many employers use background investigations when making hiring, promotional, and similar decisions. The data made available by these investigations help the employer evaluate applicants in greater depth than an application and typical job interviews will allow.
Monday, March 25, 2019
The average American consumes roughly 200 pounds of meat a year. According to Jayson Lusk, an agricultural economist at Purdue University, Americans eat more meat per capita than citizens of almost any other country in the world, making them "the king of meat eaters." How did the United States achieve such a status? And what — if anything — should be done about it?
Wednesday, March 20, 2019
There's long been a somewhat competitive relationship between the power of governors and legislators to make law and the ability of voters to overturn what the politicians wrought and/or make law themselves via the initiative process.
Monday, March 18, 2019
Frans and Caroline Swaalf, management consultants in the Netherlands, have been enamored of South Florida since they were graduate students at the University of Miami in the 1990s.
Friday, March 15, 2019
The U.S. Department of Justice got a rough welcome in the 9th U.S. Circuit Court of Appeals on Wednesday, where it was contesting a lower court ruling on three of California's so-called sanctuary state laws.
The 2016 voter initiative to keep the death penalty required the state to maintain the ability to "perform any duty needed to enable it to execute the judgment."
Thursday, March 14, 2019
The United States Supreme Court granted a writ of certiorari in Iancu v. NantKwest to determine whether a patent applicant, win or lose, must pay the salaries of the United States Patent and Trademark Office's ("USPTO") in-house attorneys in district court actions challenging the rejection of patent claims by USPTO patent examiners.
Wednesday, March 13, 2019
California's Democratic political leaders fancy themselves leaders of the anti-Donald Trump "resistance" and are engaged in legal and political conflict with the White House on dozens of specific issues.
Tuesday, March 12, 2019
The financial system had nearly collapsed. The deepest recession in decades was devouring over 700,000 jobs a month. Roughly $13 trillion in stock market wealth, slowly rebuilt since the dot-com bust, had again been incinerated.
Monday, March 11, 2019
Raghuram Rajan is a professor of finance at the University of Chicago. Rajan's book called "The Third Pillar: How Markets and the State Leave the Community Behind." Its theme is the fragility of democracy — a fairly radical notion for an economist.
Thursday, March 7, 2019
This week, the Supreme Court resolved a split in the circuits regarding an issue in copyright law that affects copyright owners in California.
Wednesday, March 6, 2019
An Oakland federal judge on Monday struck down San Francisco County's use of money bail for those suspected of crimes but not yet charged as a "significant deprivation of liberty."
Tuesday, March 5, 2019
The voices calling for antitrust action to break up powerful technology companies are growing louder in the legislative and executive branch. But the nascent efforts face skepticism even from allies as well as resistance in the courts.
Everyone, it seems, has ideas about new tax strategies, some more realistic than others. Whatever your politics, there is a bipartisan acknowledgment that the tax system is broken. Whether you believe the system should be fixed to generate more revenue or employed as a tool to limit inequality, there is a justifiable sense the public doesn't trust the tax system to be fair.
Thursday, February 28, 2019
Companies have a number of tools available to them to help protect their intellectual property, including trade secret and other proprietary information that give them a competitive advantage.
Wednesday, February 27, 2019
The California Republican Party, which has become virtually irrelevant in recent years, had a great opportunity last weekend to commit self-annihilation by electing an unrepentant, Donald Trump-loving right-winger as party chairperson.
Tuesday, February 26, 2019
For decades, employers have used timekeeping practices that involve rounding, for example, rounding the employees' "punch time" up or down to the nearest tenth or quarter hour.
Monday, February 25, 2019
It's natural enough to see elite athletes as finely tuned machines. They're usually bigger, faster and stronger than the rest of us, and their movements can have a grace that appears nearly effortless. But if you talk to enough athletes and coaches, you discover that the mind, not the body, is where most of their energy is going.
Thursday, February 21, 2019
In Continental Circuits LLC v. Intel Corp. et al., case number 18-1076, the U.S. Court of Appeals for the Federal Circuit, in a precedential opinion, recently clarified the rules for the incorporation of a limitation from a patent's specifications into the claims during claim construction.
Wednesday, February 13, 2019
On October 11, 2018, the federal Occupational Safety and Health Administration (OSHA) issued a memorandum relaxing the rules on post-accident drug testing and drug testing as part of a safety incentive program.
Tuesday, February 12, 2019
wo banks announced the industry's biggest merger in a decade on Thursday, signaling bank executives' growing confidence that the regulatory constraints imposed after the 2008 financial crisis have begun to loosen.
Wednesday, February 6, 2019
The order follows a federal judge's critique of a bankruptcy judge's decision in the case.
Tuesday, February 5, 2019
One by one, the concerns that have hung over the stock market have faded.
Monday, February 4, 2019
axing the wealthiest Americans at a higher rate may be good politics, since most voters won't be affected. But while two recent proposals sound simple enough, they could be difficult to put into effect.
Thursday, January 31, 2019
Prior to the Leahy-Smith America Invents Act ("AIA"), the patent statute (35 U.S.C. § 102(b)) prohibited patenting an invention that was "on sale in this country, more than one year prior to the date of the application for patent in the United States."
Wednesday, January 30, 2019
The California Department of Corrections and Rehabilitation engaged in a "systemic misuse" of information provided by confidential informants to hold prisoners in solitary confinement and deny them parole in violation of a 2016 settlement agreement prohibiting indefinite use of the practice, a magistrate judge ruled.
Tuesday, January 29, 2019
mployers require at least some employees to travel for business purposes.
Friday, January 25, 2019
The dream scenario for many retirees is to have a second place to call home.
Thursday, January 24, 2019
When a new invention is created (if it is worth anything), everyone wants to take credit.
Wednesday, January 23, 2019
With nearly 53,000 federal inmates eligible for relief under the newly enacted First Step Act, the federal criminal justice law that eases mandatory minimums, a ruling from the 9th U.S. Circuit Court of Appeals may indicate the court's inclination to streamline the process, attorneys say.
Tuesday, January 22, 2019
Stocks came very close to entering a bear market on Christmas Eve, which was a very bad thing. Just about everybody said so.
Wednesday, January 16, 2019
The Commission on Judicial Performance has launched formal proceedings against 2nd District Court of Appeal Justice Jeffrey W. Johnson, citing sexual assault and misconduct allegations dating back to 1999.
Tuesday, January 15, 2019
Employers enter into agreements with employees to settle threatened claims or litigation, and to resolve any potential claims, such as at the time of a layoff or discharge.
Thursday, January 10, 2019
On December 28, 2018, the Court in The California Institute of Technology v. Broadcom Limited et al., Case No. 2:16-cv-03714-GW-(AGRx), issued a Final Ruling on Plaintiff's Motion for Partial Summary Judgment of Validity under 35 U.S.C. § 103 based on IPR estoppel under 35 U.S.C. § 315(e)(2).
Wednesday, January 9, 2019
After he was sworn in as state attorney general Monday, Xavier Becerra took shots at his most frequent opponent in court: the Trump administration.
Tuesday, January 8, 2019
Trader Joe's outsells all other grocery stores per square foot. It's ranked among the 100 best American companies to work for. And it doesn't advertise much. But, if Trader Joe's is really so good, should its philosophy be applied elsewhere?
Monday, January 7, 2019
A year ago, in the wake of President Donald Trump's tax cut, euphoric investors pushed the Dow Jones industrial average past 25,000, a record.
Friday, January 4, 2019
The Trademark Trial and Appeals Board recently issued an interesting decision regarding standing to oppose the registration of trademark applications.
Thursday, January 3, 2019
A quick glance at television commercials or online pop-up ads shows that rewards programs are the name of the game for many credit cards.
Wednesday, January 2, 2019
Law students and professors have gone to Tijuana to advise asylum seekers on their options.
Monday, December 31, 2018
This fall, the California legislature responded to the #MeToo movement in a significant way.
Friday, December 28, 2018
Actors gain notoriety for different reasons. For some it's due to a physical characteristic or an iconic character portrayal.
Thursday, December 27, 2018
The open office design has been around for decades, in a variety of forms. If you're a cynic, you might think an open office is all about cramming the maximum number of employees into the minimum amount of real estate. But you could also imagine that an open office produces better interactions and more collaboration. Wouldn't it be nice to know if this were true?
Wednesday, December 26, 2018
The blocking of a pardon for a twice-convicted felon was a rare stumble in the governor's race to grant clemencies as his last term comes to an end.
Monday, December 24, 2018
Employers and the public understandably focus on workplace harassment claims arising from co-workers' or supervisors' conduct.
Friday, December 21, 2018
For many of us, the new year means a fresh start and the chance to set new goals. If your resolutions are money related, here are some ways to strengthen your financial foundation in 2019.
Thursday, December 20, 2018
Non-statutory, or obviousness-type, double patenting ("ODP") is a judicially created doctrine that prohibits an inventor from effectively extending the monopoly on a patented invention by applying for a later patent with claims that are not "patentably distinct" from the claims in the earlier patent. The core principle behind the doctrine is that "an inventor must fully disclose [the] invention and promise to permit free use of it at the end of [the] patent term."
Wednesday, December 19, 2018
Does California have too many lawyers, or too few?
Monday, December 17, 2018
Retired 1st District Court of Appeal Justice William A. Newsom III died Wednesday. He was 84.
Thursday, December 13, 2018
The Ninth Circuit recently was called upon to decide awarding attorney's fees in a case where artists were suing for unpaid royalties under the California Resale Royalties Act ("CRRA"). The Ninth Circuit ordered that the Plaintiff-artists be required to pay attorney's fees to the defendants. This conclusion required a discussion of the doctrine of preemption and a determination that defendants could still be awarded attorney's fees under CRRA despite a finding that the bulk of Plaintiffs' claims under the CRRA were preempted by the 1976 Copyright Act.
Wednesday, December 12, 2018
Recently, officials in California announced that the Camp Fire, the deadliest wildfire in the state's history, had been fully contained. The achievement was made possible through the hard work of firefighters on the ground, with some help from above: a swarm of tiny, orbiting satellites that represent the next phase of the space age.
Tuesday, December 11, 2018
We're enjoying one of the best economies of our lifetime. Since 1975, the U.S. economy has tripled in size. The gains are finally being widely shared, even by the least skilled. And yet are we happy?
Friday, December 7, 2018
The most important goal for many of my clients is to retire on their terms
Wednesday, December 5, 2018
The state Supreme Court is seeking comments on a draft opinion providing guidance on when judges running for office must disclose campaign contributions.
The state Supreme Court is seeking comments on a draft opinion providing guidance on when judges running for office must disclose campaign contributions.
Tuesday, December 4, 2018
Stocks rose on Wall Street Monday after President Donald Trump and President Xi Jinping of China reached a truce in the countries' trade war.
Friday, November 30, 2018
Forty-one percent, or approximately 19.5 million Americans, age 65 and older are single, according to the most recent data available from the U.S. Census Bureau.
Wednesday, November 28, 2018
The case consumers brought against Apple Inc. alleges the company holds a monopoly on apps and passes its costs to customers.
Tuesday, November 27, 2018
Days after President Donald Trump attacked the impartiality of the 9th U.S. Circuit Court of Appeals, attorneys at the U.S. Department of Justice asked the nation's highest court to review an injunction blocking the government from implementing a ban on transgender soldiers in the military, effectively seeking to skip the very court Trump brazenly called a "complete and total disaster."
Monday, November 26, 2018
As 2018 winds down, it's time to think about if and how you may be able to reduce the taxes owed on your next tax return. New tax laws, which generally took effect on January 1 of this year, mean you may need to approach your tax strategy differently than you have in the past.
Tuesday, November 20, 2018
Recently, the United States Department of Labor (DOL) issued new Family and Medical Leave Act (FMLA) forms.
Thursday, November 1, 2018
The U.S. Court of Appeals for the Federal Circuit was recently tasked with reviewing determinations made by the International Trade Commission ("ITC") relating to trade infringement claims brought by Converse, Inc. with regard to a number of imported shoes that it alleged infringed on one of its trademarks.
Friday, October 19, 2018
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.
Earn MCLE reviewing the ins and outs of mediation confidentiality in California.
Wednesday, October 17, 2018
Local government officials throughout the state got some very good financial news when county tax assessors toted up changes in taxable property values for their 2018-19 budgets.
Thursday, October 11, 2018
Any work that is entitled to copyright protection automatically receives protection when it is fixed in a tangible medium of expression.
Bad actors don't suddenly change their stripes because they were spoon-fed a few hours of mandatory training. So how do we change behaviors?
Wednesday, October 10, 2018
We don't know what we don't know.
Tuesday, October 9, 2018
This article is Part 2 of a two-part series providing an overview of laws affecting San Francisco employers.
Monday, October 8, 2018
We've all heard the same story: Our economy would be more dynamic if only the government would get out of the way. But Mariana Mazzucato, a professor of the economics of innovation and public value at University College London, says we've got that story backward.
Friday, October 5, 2018
Each year, employers offer an open enrollment period — a window of time to select your benefits package for the coming year. It's easy to overlook this opportunity and maintain the status quo, but this could be a costly mistake given the significant role benefits play in your financial life.
Wednesday, October 3, 2018
Four decades ago, during the early years of his first governorship, Jerry Brown described his "canoe theory" of politics.
Tuesday, October 2, 2018
Seeing makeshift homes on sidewalks and freeway offramps is not unusual in most parts of California.
Thursday, September 27, 2018
Recently, a client asked why we included a short form option agreement and a short form assignment agreement as an exhibit to a long form literary option agreement.
Wednesday, September 26, 2018
Survey analysts on both sides defended their methodology studying pay-for-play's impact on consumer demand Monday in the potentially landscape-altering NCAA antitrust trial where student-athletes are fighting for a larger stake in the multi-billion dollar industry.
Tuesday, September 25, 2018
This article is Part 1 of a two-part series providing an overview of laws affecting San Francisco employers.
Monday, September 24, 2018
The national anthems of the United States and Mexico were played over the stadium speakers as the flags of both countries fluttered in the hot summer wind. Fans chatted away in English and Spanish. It was time for the Tecolotes de los Dos Laredos, the Owls of the Two Laredos, one of the oldest teams in Mexican baseball, to take the field here at Uni-Trade Stadium on the Texas side of the border. Except this was not an away game.
Wednesday, September 19, 2018
Politicians face a perpetual conflict between what's expedient at the moment and what they should do for the long-term.
Monday, September 17, 2018
A challenge every federal judge faces is deciding the appropriate punishment for a white-collar defendant.
Friday, September 14, 2018
For small business owners, managing the bottom line of their company is often a top priority. If you operate a business of any kind
Thursday, September 13, 2018
In Galderma Laboratories, LP et al v. Amneal Pharmaceuticals LLC et al, 1-16-cv-00207 (DED August 31, 2018, Order) (Stark, USDJ)
Tuesday, September 11, 2018
California employers must pay non-exempt employees at least minimum wage for all time they work on their employers' behalf.
Monday, September 10, 2018
As you may have heard, Scandinavians are a pretty happy bunch. Defining human happiness is a tricky, inherently subjective task. But we can probably all agree that it has something to do with a combination of material well-being, physical and mental health, personal security and strong social ties.
Wednesday, September 5, 2018
The most interesting statewide contest this year is for an office that's little known to the public but affects arguably the most important state responsibility, K-12 education.
Friday, August 31, 2018
It can be personally and financially rewarding to earn extra cash doing something you enjoy.
Thursday, August 30, 2018
Procter & Gamble, the international consumer packaged goods conglomerate, recently filed a slew of trademark applications with the United States Patent and Trademark Office
Wednesday, August 29, 2018
President Donald J. Trump has nominated Phoenix-based Magistrate Judge Bridget Shelton Bade to an Arizona seat on the 9th U.S. Circuit Court of Appeals, ending a two-year deadlock between the state's senators and the White House in negotiations to find a suitable nominee.
Tuesday, August 28, 2018
Some employers historically have set a new employee's wages, at least in part, on the employee's compensation at his or her previous employer.
Monday, August 27, 2018
The school shootings at Virginia Tech and Sandy Hook; the massacres at the Pulse nightclub in Orlando, Florida, and outside the Mandalay Bay hotel in Las Vegas; the terrorist attacks during the Boston Marathon. After each of these tragedies, someone has a thankless, brutally difficult job to do: determine how the available compensation money should be distributed to the victims and their families. That someone is usually Kenneth Feinberg, along with his small Washington law firm.
Friday, August 24, 2018
The road to retirement is full of twists and turns that can make even the most financially secure person wonder if they saved enough for their next chapter. If you feel similar emotions
Thursday, August 23, 2018
Other times, it's evidence of what's come to be known as "username jacking." Big brands and public figures are highly susceptible to incidents of username jacking.
Wednesday, August 22, 2018
The long-running legal dispute between the Commission on Judicial Performance and the state auditor could be nearing its conclusion, thanks in part to a pair of bills now advancing through the Legislature.
Tuesday, August 21, 2018
Lance Armstrong was once one of the most lionized athletes on the planet. Then, in 2012, it all fell apart. During a television interview with Oprah Winfrey he admitted to using erythropoietin, or EPO. Stephen Dubner recently chatted with Armstrong about that infamous interview and how the years since have changed him.
Friday, August 17, 2018
If you have concerns about the longevity of your savings, know there are steps you can take to help you feel more confident.
Thursday, August 16, 2018
Wednesday, August 15, 2018
No summary was provided
Tuesday, August 14, 2018
No summary was provided
Monday, August 13, 2018
Educating your adult children on the importance of saving for retirement may be a bit challenging in the short run if they're not receptive to the message, but it may do them a world of good if they accept your advice.
Friday, August 10, 2018
Wednesday, August 8, 2018
The Legislature reconvened this week for the inevitably hectic final weeks of its annual session. The pressure cooker atmosphere that always envelops the final days is, history tells us, not conducive to thoughtful policymaking.
Tuesday, August 7, 2018
No summary was provided
Monday, August 6, 2018
For decades, the district south of downtown and alongside San Francisco Bay here was known as either Rincon Hill, South Beach or South of Market. This spring, it was suddenly rebranded on Google Maps to a name few had heard: the East Cut. The peculiar moniker immediately spread digitally, from hotel sites to dating apps to Uber, which all use Google's map data.
Friday, August 3, 2018
No summary was provided
Wednesday, August 1, 2018
No summary was provided
Monday, July 30, 2018
You wouldn't think that you could win a Nobel Prize for showing that humans tend to make irrational decisions. But that's what Richard Thaler did in 2017. Stephen Dubner recently spoke to Thaler about how institutions and firms are now practicing what he has been preaching, often to quite substantial success.
Friday, July 27, 2018
No matter your life stage or financial situation, it's important to have insurance in place to provide for your loved ones. Make it a priority to regularly review your coverage and ensure it covers the changing needs of your family.
Thursday, July 26, 2018
Wednesday, July 25, 2018
The lawsuit has put $2 billion in funding on hold, and the state Legislature hopes to partially break the logjam with a November ballot initiative.
Tuesday, July 24, 2018
Dan Doctoroff, a successful investment banker in New York spearheaded a massive effort to bring the Olympics to the city in 2012.Though the bid failed, it helped catalyze dramatic development throughout New York as a result of extensive rezoning efforts.
Monday, July 23, 2018
No summary was provided
Friday, July 20, 2018
Creating a well-crafted financial plan will help you achieve your goals.
Wednesday, July 18, 2018
The state Democratic Party's "executive committee" voted to endorse state Sen. Kevin de León's longshot bid to unseat Senator Dianne Feinstein. The action says more about the party than it does about Feinstein.
Tuesday, July 17, 2018
Tax cuts, deregulation and a buoyant economy were always expected to drive profits higher at most American banks in the latest quarter.
Monday, July 16, 2018
It will take time before there is a definitive decision as to whether California's rule of non-waiver in PAGA cases can be reconciled with the FAA in light of the U.S. Supreme Court's decision in Epic Systems.
Wednesday, July 11, 2018
Supermajorities have been more about partisan bragging rights and media speculation than real tools for legislative action.
Tuesday, July 10, 2018
Friday, July 6, 2018
Today's housing market is creating more and more hurdles for homebuyers.
Thursday, July 5, 2018
Tuesday, July 3, 2018
No summary was provided
Monday, July 2, 2018
Shortly after my previous employer suddenly laid me off. I was grateful to be employed again so quickly — but I quickly realized this new job wasn't for me. Given how I was treated at my last company, I didn't think I'd ever feel allegiance to an employer again. Is it acceptable to consider leaving so soon?
Friday, June 29, 2018
No summary was provided
This season the California Legislature is considering several bills that tackle issues related to increased variable energy resources on the California grid.
A Court of Appeal held that parties may not contract around the formal service requirements of the Hague Service Convention.
Tuesday, June 26, 2018
With the World Cup taking place in their backyard, does Russia have any chance of winning the World Cup? Authors of the book Scorecasting found that home-field advantage is a real thing.
Monday, June 25, 2018
With distressed assets, one investor's loss can be another's gain.
Friday, June 22, 2018
Couples who don't have children tend to have more financial flexibility to pursue their own goals throughout life and in retirement. But this flexibility doesn't mean they don't need to manage their future financial, health and legacy needs.
Thursday, June 21, 2018
While many animals are afforded various protections by the rule of law, photos taken by some do not have the risk of liability for copyright infringement.
Wednesday, June 20, 2018
Politicians are misusing trailer bills, meant to implement the state budget, to enact far-reaching policies that have virtually nothing to do with the budget, and without any of the traditional safeguards, such as waiting periods and public hearings.
Monday, June 18, 2018
Pharmaceutical firms donate an enormous amount of their products. Pfizer, for example, donated $4.7 billion in medicines in 2017. And yet all that generosity doesn't seem to be helping its reputation. According to Gallup, only about a third of Americans hold a positive view of the pharma industry, which makes it nearly as unpopular as the federal government.
Friday, June 15, 2018
No summary was provided
Thursday, June 14, 2018
No summary was provided
Wednesday, June 13, 2018
In a nearly unanimous decision, the justices ruled Monday that tolling provisions that allow plaintiffs to bring individual lawsuits after relevant statutes of limitations periods pass if a previous attempt at class certification fails do not apply to subsequent tries at class-wide complaints.
Tuesday, June 12, 2018
Sunday is not my favorite hour to discuss home-improvement projects with a prospective contractor, but there I was, eagerly showing this one my basement. He seemed promising, spending almost two hours in my basement. All I had to do now was wait for his bid. I eagerly opened the email only to find a half-page proposal with scant information, just a vague bullet list with a dollar sum at the bottom. When I asked for more detail and references, I never heard from him again. My experience is not uncommon among homeowners looking to hire tradespeople.
Friday, June 8, 2018
Recent changes in the tax landscape can have an impact on the way you give, and here are 4 outside of the box ways to donate.
Thursday, June 7, 2018
Can Joel Embiid block the Buffalo Bills' attempt to register "Respect the Process"? And better yet, if he can, will he?
Tuesday, June 5, 2018
The California Supreme Court's recent decision in Dynamex v Lee changes the way businesses evaluate their employee classifications.
Monday, June 4, 2018
These days, more and more businesses are giving back. Corporate social responsibility programs — in which companies donate to educational institutions, or help protect the environment, or strip child labor from their supply chains, or do any number of world-improving things — are all the rage in global C-suites. So why has CSR become so popular? It can't simply be that the world's business titans woke up one day and decided to make the world a better place.
Friday, June 1, 2018
There are steps you can take to feel more financially confident regardless of your age and current health status.
Thursday, May 31, 2018
No summary was provided
Wednesday, May 30, 2018
No summary was provided
Tuesday, May 29, 2018
The U.S. high court's recent sports betting ruling is sure to cause a flurry of activity in state legislatures across the country.
Friday, May 25, 2018
Consider the benefits of working another year or more before retirement.
Thursday, May 24, 2018
Undoubtedly, California will cite the case to shield against the United States' lawsuit challenging the state's sanctuary cities law.
Wednesday, May 23, 2018
Too often, political tactics are based on the cynical assumption that voters can be easily fooled and the current election season is, unfortunately, rife.
Monday, May 21, 2018
No summary was provided
Friday, May 18, 2018
Freelance professionals have unique opportunities and challenges when it comes to creating a viable path to financial security.
When the California Supreme Court ruled that many independent contractors must be reclassified as employees, it may have unintentionally paved a path toward greater safety on the state's roads and highways.
Three U.S. senators are examining whether AT&T may have engaged in a "pay for play" arrangement to buy influence or to achieve certain regulatory objectives at the FCC including the repeal of network neutrality rules.
Thursday, May 17, 2018
Many patent owners feel that alleged infringers have an unfair advantage under the current system that applies different claim construction standards for different forums.
George Deukmejian, who quietly practiced law in Southern California after leaving the governorship in 1991, died last week at age 89.
Wednesday, May 16, 2018
Gov. Jerry Brown is strangely unwilling to even try to save the state budget from the existential threat posed by an insanely unbalanced tax system, even though he acknowledges the fiscal peril.
Tuesday, May 15, 2018
Atul Gawande is an extraordinarily busy man, even for a doctor. Not only is he a surgeon, but he's also a health policy professor at Harvard, an executive director at Ariadne Labs, and a staff writer at The New Yorker. Gawande recently found time to chat with Stephen Dubner about how we can improve health care and how he gets it all done each day.
Monday, May 14, 2018
Attorney General Jeff Sessions requested friend-of-the-court briefs in March relating to an asylum case on whether suffering from "private criminal activity" made someone part of a particular social group that is eligible for asylum in the U.S.
Friday, May 11, 2018
For many investors, cash helps protect a portion of income against market volatility and provides the ability to generate a competitive return.
There is a time and place for revealing the bottom line, but it's usually at the very end, not the very start of mediation or negotiations.
Thursday, May 10, 2018
Ninth Circuit finds monkeys cannot sue for copyright infringement
Wednesday, May 9, 2018
The new reality in California is that cannabis interests have become a formidable lobbying force.
Here's one to check off your bucket list of ponderables: If you engage in an intentional act that results in an unintended accident, is it an really an accident?
California's economy has climbed in global rankings to 5th place behind only the United States as whole, China, Japan and Germany.
Tuesday, May 8, 2018
While using independent contractors gives companies an edge, California's high court said it was an unfair competitive advantage.
Comprehensive tax reform will require heavy political lifting.
People love our stories more than they love the raw facts
Monday, May 7, 2018
There is a cyclical quality to California's perennial debate over taxation, one most evident in the tax-related ballot measures placed before voters.
Trump's administration, answering pleas of auto executives, wants to roll back more stringent fuel efficiency standards promulgated during the final days of the predecessor Obama administration – rules that, at the time, California, other like-minded states and the auto industry jointly supported.
In theory, millions of borrowers are eligible to have their debts forgiven after a decade of public-service work. In practice, the program has produced a litany of frustrations. But there is at least one person who has made the 120 qualifying payments and now has a zero balance as a result, thus joining a very small club of the forgiven.
Friday, May 4, 2018
For an increasing number of investors, investing is not just about selecting opportunities that do well in their portfolio. It's about owning investments that also make a positive social impact.
Thursday, May 3, 2018
Ren Ventures argues that Lucasfilm doesn't have common law trademark rights to SABACC card game because it failed to use the game in a trademark manner.
Wednesday, May 2, 2018
Voters often make snap judgments based on ideological predispositions and unpredictable events that unfold during campaigns, what those in politics call "x-factors."
Tuesday, May 1, 2018
What is the one thing that sets humans apart from all other animals? Some say it's our innate curiosity; some say our language. Others say it's our culture. Our capacity for trade — our ability to create markets and respond rationally to supply and demand — would seem an obvious, and particularly strong, candidate for what make us human. And yet research suggests that economic activity isn't as uniquely human as we might imagine.
Monday, April 30, 2018
California labor laws generally discourage overtime work by requiring employers to pay a premium for extra work hours.
Friday, April 27, 2018
These programs are helping create a generation of "social justice solos" while diversifying the legal profession.
Thursday, April 26, 2018
The Supreme Court left intact a system created by Congress in 2011 that has been used by potential patent infringers to challenge and invalidate thousands of patents.
Wednesday, April 25, 2018
Autonomous technology is far from perfected, but the end result will benefit generations who have yet to even be conceived.
In searching for a new chief public defender, the L.A. Board of Supervisors should only consider candidates with substantial experience in holistic indigent defense.
Legislators failed to close a loophole that would have allowed various aides under them to unionize and more effectivley fight the various harassment scandals that plague the Capitol.
Tuesday, April 24, 2018
In light of the recent US-China trade dispute, various Chinese companies are facilitating alternate shipping routes through other countries in hopes of circumventing new tariffs.
The lieutenant governor has few, if any, substantive duties other than take over if a governor dies or resigns.
Monday, April 23, 2018
Political oddsmakers have pegged Bakersfield Congressman Kevin McCarthy and the No. 3 GOP leader, whip Steve Scalise of Louisiana, as the two contenders for speaker of the House of Representatives.
There's a mountain of evidence suggesting that the quality of our relationships has been in steady decline for decades. Over the past five years, loneliness, suicide rates and depression have abruptly gotten worse.
Friday, April 20, 2018
Women often face unique challenges when it comes to managing their finances. If you are a woman working to build your financial confidence today and tomorrow, understanding key challenges is the first step to overcoming them.
Thursday, April 19, 2018
The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act ("DMCA").
Wednesday, April 18, 2018
The California Chamber of Commerce published its annual "job killer" list of bills it wanted to block. 24 bills made the list.
Tuesday, April 17, 2018
Last summer, Stephen Dubner had the opportunity to chat with arguably the most heavily scrutinized chief executive in the United States: Facebook's Mark Zuckerberg. Even before Americans and the world learned that data from an estimated 87 million Facebook users had been weaponized by political operatives, and before the 33-year-old CEO sat down for a two-day grilling session from an irate Congress, Zuckerberg was feeling the heat.
Monday, April 16, 2018
Market volatility does not always mean you need to make changes to your portfolio. There are things you can do to prevent fear from getting the best of you.
Thursday, April 12, 2018
Not only have the past several years demonstrated anew that "normal" is alternating periods of wet and dry, they also underscore just how dependent California is on its massive array of reservoirs, canals and other waterworks.
Courts are grappling with claims that comprise an innovative method performed within an ordinary computer that does not improve the computer itself.
A discussion of a few of the most common aspects of patent law that are misunderstood.
Not only have the past several years demonstrated anew that "normal" is alternating periods of wet and dry, they also underscore just how dependent California is on its massive array of reservoirs, canals and other waterworks.
The number and variety of emotional support animals seem to expand yearly. Also expanding is the amount of litigation involving these animals.
Courts are grappling with claims that comprise an innovative method performed within an ordinary computer that does not improve the computer itself.
Wednesday, April 11, 2018
While the latest version of the High-Speed Rail Authority business plan appears to be more realistic about cost and construction schedules than its predecessors, it's still sorely deficient, as its official reviewers pointed out last week during a legislative hearing.
Tuesday, April 10, 2018
Dropbox had a strong market debut last week and has reassured investors with large holdings in other private start-ups.
Monday, April 9, 2018
We should demand that the federal government quit providing grants to school districts for not reporting criminal activity of their students to law enforcement authorities
No summary was provided
Friday, April 6, 2018
If you are committed to filing your return on time, consider how likely your return is to be audited, and whether there is anything you can do to reduce that likelihood.
There are a variety of ways grandparents can help their grandchildren financially in the pursuit of a college degree.
One of the most difficult and unexpected provisions of the newly enacted Tax Cut and Jobs Act is the three-year holding period on "carried interests," which has especially significant implications for those in the real estate industry.
Like many things, the issue will come down to negotiation power, leverage, fear of negative publicity and loss of potential revenue at the box office by the studios for failure to act equitably.
In the long run, only Congress and the president can resolve the underlying issue: the extent to which the United States will permit the entry of particular immigrants.
Thursday, April 5, 2018
There are four types of intellectual property protection, and it is important to understand the distinctions between them to keep your business safe.
California averages one economic boom and one bust per decade and the state's recovery from the Great Recession now has lasted well beyond historic expectations. In other words, as Gov. Jerry Brown often points out, California is overdue for a downturn.
Tuesday, April 3, 2018
This year is shaping up as a great year to die because of recent changes to estate tax rules. We're back to some good times for dying following the big federal tax reform passed December 2017.
Monday, April 2, 2018
Californians have a constitutional right to hold and express beliefs that may be in the political minority, even if they are misguided, without that right being diluted or violated by state legislators.
SB 306, effective January 1, 2018, expanded the California Department of Labor Standards Enforcement's authority to investigate wage law violations, without a worker-filed complaint. The federal government has stepped up immigration laws enforcement. Many inspections occur with little to no notice. Therefore, management should learn their rights and obligations.
Friday, March 30, 2018
Emotional turmoil brought on by divorce can make it hard to prioritize your finances, but there's never been a more important time to make sound decisions. Even if you're eager to move forward with your life, take the time to evaluate your retirement plans thoroughly.
Argent Communications Group held its Fourth Annual Conference on California Land Use Law and Policy on March 5 in Los Angeles.
Absent a codified exception, party declarations are now disallowed if there is no opportunity for cross-examination.
Last week, the 9th Circuit affirmed the bulk of the controversial copyright infringement verdict against Pharrell Williams and Robin Thicke.
Thursday, March 29, 2018
Lawsuit claims LegalZoom engages in the unauthorized practice of law when its non-attorneys instruct customers on how to register trademarks.
Over the past few years, voters in hundreds of California cities and other local governments were asked to pass tax increases, and indications are that another big batch of local tax measures will be on this year's ballots.
California's top-two primary system may change the methodology of political trickery, but it's always with us, and voters should be ever vigilant.
A common sense conclusion lies at the heart of the Martins Beach case — that is, the constitution does not distinguish between temporary and permanent takings.
Wednesday, March 28, 2018
Instead of the cakewalk Senate's Democratic leaders assumed when persuading Sen. Dianne Feinstein to run again, they find she is taking heavy fire from the left wing of her own party.
Tuesday, March 27, 2018
The 9th Circuit in Hall v. Swift found the allegedly infringed phrases of the song in question to be "too brief, unoriginal and uncreative to warrant protection under the Copyright Act" and provided Hall and Butler leave to amend their complaint.
Does a finding of probable cause in a preliminary hearing preclude a subsequent false arrest claim? Courts are split.
In a split decision, the 9th Circuit affirmed in part and reversed in part the judgment after a jury trial that Pharrell Williams and Robin Thicke's song "Blurred Lines" infringed Marvin Gaye's composition of the song "Got to Give It Up."
A recent California appellate court opinion highlights the danger that the design-bid-build system can bring when it is not applied in a way that protects the public dollar.
Monday, March 26, 2018
Dealing with California's housing crisis will require some very difficult political decision making, and whether it eases or grows worse will be a hallmark test for the next governor, whoever it might be.
Thursday, March 22, 2018
Americans have spent much of the past decade wondering when the economy would recover from the crippling Great Recession. Now, they are considering another question: When, and how, will that recovery end?
Wednesday, March 21, 2018
Arizona officials saw opportunity when Uber and other companies began testing driverless cars a few years ago. On Sunday night, an autonomous car operated by Uber — and with an emergency backup driver behind the wheel — struck and killed a woman on a street in Tempe, Arizona. It was believed to be the first pedestrian death associated with self-driving technology.
Tuesday, March 20, 2018
Dropbox, the online file storage company, is poised to hold one of the year's most highly awaited stock market debuts. But whether investors think the technology darling is more valuable as a publicly traded company or as a privately held start-up is debatable.
Monday, March 19, 2018
As of February 5, 2018, California Assembly Bill 403 imposes stiff consequences on members of the legislature or employees who interfere with an employee's right to make a protected disclosure.
Friday, March 16, 2018
Switching employers can have a substantial impact on your financial life. Four tips to help keep your finances on track through the transition.
Thursday, March 15, 2018
U.S. District Court for the Eastern District of Texas finds defendants have not committed acts of infringement sufficient to establish venue.
At the June election, four public defenders hope to unseat four judges simply because they were appointed by a Republican governor.
As the battle between federal preemption and states' rights heats up, California Attorney General Xavier Becerra stands tall in defense of the Immigrant Worker Protection Act.
Wednesday, March 14, 2018
Republicans are exploiting the Democratic Party's abject lack of discipline and gaming California's top-two primary system to potentially block Democratic challengers from reaching the November ballot.
Tuesday, March 13, 2018
Google currently has multiple lawsuits filed against it by former employees alleging that the companies' diversity practices are both too disruptive and too ineffective.
This new authority split calls into question the availability of Section 1260.040 legal issue motions, leaving inverse condemnation litigants in limbo.
Last month, the California Supreme Court granted review of a case seeking redress for past and future costs of providing increased care to opioid-addicted residents.
Rather than asking the courts to do their job for them, our elected representatives should do what they're being paid for and get down to business.
Monday, March 12, 2018
The gender pay gap is a phenomenon prevalent all over the world and when adjusted for discriminatory factors, the reasons for its existence become less clear with some differences attributed to small but important variance in each gender's behavior.
The California primary election takes place on June 5. The state's general election follows on Nov. 6. This includes the election of judges of the superior courts.
This obligation has taken on new importance in recent years, as law firms find themselves targeted by hackers who realize that firms may have extremely sensitive information regarding some of the largest companies in the world.
Friday, March 9, 2018
Capitalize on the benefits of having an ownership stake in your employer's firm while maintaining a well-diversified portfolio.
Capitalize on the benefits of having an ownership stake in your employer's firm while maintaining a well-diversified portfolio.
Thursday, March 8, 2018
The on-sale bar can be raised as a defense in patent infringement litigation.
Wednesday, March 7, 2018
California's commission process for redistricting isn't perfect, but it's one that other states should emulate.
Friday, March 2, 2018
If you've experienced a life event this year, review your benefits and determine if you need to make new or different elections to ensure the desired insurance coverage for you and your family.
The data behind how four common California dreams — 1) being, and staying, middle class 2) having your children do better than you 3) escaping poverty 4) owning a home — are slipping away.
Thursday, March 1, 2018
If a patent only covers a component of a product that a defendant in a patent infringement case has sold, the plaintiff must apportion damages between the patented component and the whole product. The plaintiff is only entitled to a reasonable royalty on the patented component, not on the whole product.
Before announcing Tony Mendoza's resignation, Kevin de León told the Senate, "we will not tolerate harassment or sweep it under the rug." That pledge will be tested as both the Senate and the Assembly handle multiple complaints about how legislators have behaved.
You can't read minds. Still, the field of body language is packed with junk science, some of which is delightfully funny.
As the euphoria of the Winter Olympics subsides, it's time to shine a spotlight on the explosive evidence against our country's most respected athletic organizations which have failed miserably to address a culture of sexual abuse and harassment involving young athletes.
Wednesday, February 28, 2018
Never judge the true tenor of a political party by what happens at its convention. Last weekend's Democratic gabfest was a case in point.
Now that it is election season, the legal community once again will turn part of its focus upon the upcoming elections for superior court judge, which occur on a countywide basis throughout California.
Tuesday, February 27, 2018
There are many situations in which employers are obligated to give their employees time off from work. The California Family Rights Act has expanded the class of employers to include small business, so it is always pertinent to check and see which forms of leave are protected before coming to a conclusion.
A recent federal court ruling and a case recently argued before the California Supreme Court are the most recent installments in the ongoing effort to reconcile employee classification with the gig economy.
Monday, February 26, 2018
In 1994, Indra Nooyi joined PepsiCo as a chief strategist; 12 years later, she was named its CEO. Today, she oversees 260,000 global employees and a snack empire that includes Frito-Lay chips, Tropicana juices, Quaker foods and of course lots of soda.
Friday, February 23, 2018
With market performance where it is, it may make sense to review your portfolio and determine if changes are appropriate.
It looks like Gavin Newsom and Antonio Villaraigosa will be the June primary election's top two vote-getters and will face each other in November for the governorship.
Recently, the Polish government has come under fire for proposing legislation that would criminalize equating the Poles' complicity with Nazis' crimes.
Thursday, February 22, 2018
Certain claims are not patentable under 35 U.S.C. §101. If claims are well-understood, routine, and conventional they might not be eligible for patent.
Wednesday, February 21, 2018
Many have criticized Proposition 57 as too vaguely drafted and too broad. Now, the CDCR must either rewrite the regulations or try to overturn a recent ruling by Sacramento County Superior Court Judge Allen Sumner.
Client agencies – cities, particularly – were already complaining that double-digit annual increases in CalPERS payments were driving some of them towards insolvency and the new policy, which will kick in next year, will raise those payments even more.
Tuesday, February 20, 2018
History's ultimate "bar exam question" is the fact pattern in United States v. Libellants of the Schooner Amistad, the U.S. Supreme Court's first civil rights case.
Grateful Dead lyricist and internet activist John Perry Barlow passed away last week. So who will pick up where he left off?
During over three decades of prosecuting legal malpractice claims, I have been asked over and over again for concrete ideas to help lawyers eliminate or at least reduce the risk of being sued by an unhappy client.
The complaint that Stone Brewing filed in District Court against MillerCoors epitomizes the fight between craft brewers and "Big Beer." It will be interesting to see how it plays out.
Friday, February 16, 2018
Suing oil companies for causing climate change has become a popular exercise in California's coastal communities. However, winning in court is another matter, and by just filing the actions, California governments may be risking their ability to borrow money at low rates.
Businesses must be careful to ensure that they are properly insured for the substantial risks they face.
The most sweeping tax reform legislation in decades was enacted into law at the end of 2017. If you pay federal income taxes, you are likely to see an impact this year.
A ruling clarifies that parties without a contractual relationship who each perform separate steps of a method claim can satisfy the Akamai divided infringement test.
On Feb. 5, San Francisco's public defender, Jeffrey Adachi, wrote an op-ed for the L.A. Times criticizing judges' and prosecutors' bail use in California.
Thursday, February 15, 2018
Now, they're getting their wish, or at least a fun-house mirror version of it. All it took was total Republican control of the government.
On Wednesday, Loyola Law School will formally open our Loyola Social Justice Law Clinic, a consolidated space on campus.
Wednesday, February 14, 2018
Proposition 50, a constitutional amendment that voters approved in the June, 2016, primary election, empowers legislative houses, by a two-thirds vote, to suspend without pay, members who either face criminal charges or are deemed to have breached the public trust.
First, an ISP was held liable for not blocking a copyright infringer, and now a California federal court has issued an injunction against TickBox, which makes a device that allows users to stream pirated content.
Tuesday, February 13, 2018
Mudslides and an earthquake already have occurred in 2018. Along with the terrible losses, a natural disaster can significantly disrupt business operations, affecting employees and employers alike.
The U.S. Supreme Court has unanimously held that challenges to the so-called "Waters of the United States" rule must be heard by federal district courts.
Monday, February 12, 2018
Should we go with an insider or an outsider? This is among the central questions that companies ask themselves when choosing a new chief executive.
Friday, February 9, 2018
When the evidence shows that an ISP fails to enforce the terms of its own policy in any meaningful fashion, that ISP has not "reasonably implemented" a repeat copyright infringer policy.
This year, voters in two California communities face recall efforts, one aimed at Democratic Sen. Josh Newman in Orange County, the other at Santa Clara County Superior Court Judge Aaron Persky. The cases against both are paper thin.
Thursday, February 8, 2018
When the evidence shows that an ISP fails to enforce the terms of its own policy in any meaningful fashion, that ISP has not "reasonably implemented" a repeat copyright infringer policy.
Wednesday, February 7, 2018
It's hypocritical for the Legislature to exempt itself from the laws and procedures it imposes on others, as the firestorm over sexual harassment underscores. If would-be miscreants know that their behavior can be reported and revealed to the public, they'll be much less likely to do it.
Tuesday, February 6, 2018
A group of Silicon Valley technologists who were early employees at Facebook and Google, alarmed over the ill effects of social networks and smartphones, are banding together to challenge the companies they helped build.
Monday, February 5, 2018
We've all had the feeling that our workplace would completely crumble in our absence. It's rarely true. So at least consider the possibility that the organization will muddle along happily without you.
Friday, February 2, 2018
It may make sense to use both active and passive investments to effectively build and manage a diversified portfolio.
A Riverside case involves the right of people with developmental disabilities to marry as well as the right not to be pressured into marriage through undue influence.
The water tunnel and high-speed rail projects that Jerry Brown has touted are plagued by problems.
Thursday, February 1, 2018
While not all software-based innovations are patent eligible, it is clear that some are. Therefore, it is imperative to take into account recent court decisions when drafting the specifications and claims for such inventions.
Wednesday, January 31, 2018
Governor Jerry Brown punctuated his State of the State address with lists of what he clearly regards as major accomplishments. Does his work qualify for a commendable legacy?
New Internal Revenue Code Section 164(b)(6), titled Limitation On Individual Deductions for Taxable Years 2018-2025, prevents an individual from deducting more than $10,000 of state and local taxes.
It is that time of the year again! U.S. Citizenship and immigration Services begins accepting petitions for new H-1B "CAP" visas during the first week of April.
Los Angeles and San Francisco are suddenly in the throes of turmoil as they search for new leaders.
Tuesday, January 30, 2018
To make matters more complicated, the laws' size thresholds are inconsistent.
Recent months have yielded decisions which will impact some aspects of insurance litigation.
The U.S. Supreme Court will consider the question in a case it agreed to hear earlier this month.
Monday, January 29, 2018
A recent case out of the Ninth Circuit, Oracle USA, Inc. v. Rimini Street, Inc. (July 13, 2017), illustrates some of the risks third party software vendors run concerning copyright issues.
Hitachi Chemical Co. agreed to settle its part of a massive antitrust case involving the global capacitor market.
The Tax Cuts and Jobs Act is anything but simplifying with respect to its international tax code provisions. Co
Friday, January 26, 2018
If you expect to receive a refund on your 2017 tax return, will you save or spend it? While you may be tempted to indulge, consider using the money to solidify your long-term financial position.
With the legalization of cannabis and many of its by-products in California, employers now must wrestle with another type of employee behavior: What can be done when an employee reports to work having recently used some form of cannabis?
Electronic logging records will make a personal injury lawyer's job easier when proving a driver involved in an accident had exceeded the time he or she could lawfully remain behind the wheel.
Thursday, January 25, 2018
Collective bargaining for California's public employees may have been a questionable idea. But it's not going away and there's absolutely no reason why Capitol workers, except for a small cadre of senior staffers, should not have civil service status and unionization, if they wish.
Giant tech firms like Google spend a lot of money on political lobbying and are attempting to shape the public policy debate through support of a wide variety of think tanks and nonprofit groups.
Wednesday, January 24, 2018
Attorney General Xavier Becerra is imploring the U.S. Supreme Court to validate laws in California and other states requiring public employees who are not union members to nevertheless pay "agency fees" to unions.
Tuesday, January 23, 2018
No summary was provided
Monday, January 22, 2018
Everybody agrees society is in a bad way, but what exactly is the main cause? It could be the failure of liberal democracy.
In practice, Gov. Jerry Brown has not always adhered to the principle of "subsidiarity," but has been particularly stubborn about applying it to the state's six-million-student public education system, rejecting demands of education reformers for more state intervention on behalf of "high-needs" students.
Controversial political issues like immigration are often complex, presenting the public with a range of options from which to choose. Absent narrow exceptions, courts may not reject the product of the democratic process and substitute their own preferred policy.
While email is often used to send important information and documents, it is by no means a foolproof method of communication for attorneys.
Sheriff's Department and DA's office files are worthy of review and disclosure.
Friday, January 19, 2018
If you experience an unexpected change in your employment status, review your financial situation and create a plan to help you feel more in control.
A look at two major figures in the California Legislature can teach a lesson about human behavior.
If you experience an unexpected change in your employment status, review your financial situation and create a plan to help you feel more in control.
A look at two major figures in the California Legislature can teach a lesson about human behavior.
Thursday, January 18, 2018
The Federal Circuit just reversed itself in holding that patent owners can now appeal a decision by the Patent Trial and Appeal Board finding that a challenger's petition for inter partes review (IPR) is timely.
According to a 584-page report, released this month by the federal government, California committed gross negligence in the construction and maintenance of the nation's highest dam, Oroville.
Wednesday, January 17, 2018
Gov. Jerry Brown is concerned that the new federal tax overhaul encourages the few thousand Californians with the highest incomes, whose taxes allow Brown and other California politicians to spend tens of billions of dollars a year, to take their money elsewhere.
Gov. Jerry Brown is concerned that the new federal tax overhaul encourages the few thousand Californians with the highest incomes, whose taxes allow Brown and other California politicians to spend tens of billions of dollars a year, to take their money elsewhere.
Tuesday, January 16, 2018
The U.S. District Court issued an opinion in TCL Communications v. Ericsson and determined Ericsson did not offer to license its standard essential patents on reasonable terms, and instead become only the fourth U.S. Court to determine a royalty rate for essential patents.
On Wednesday, Brown proposed the 16th and final budget of his record-long gubernatorial career. It totals $190.3 billion, but according to staff, would spend roughly the same percentage of Californians' personal income as it did 43 years ago, a bit less than 8 percent.
Friday, January 12, 2018
Purchasing a business comes with numerous financial considerations. There are steps to consider before signing on the dotted line.
After the federal judiciary's administrative branch announced Friday who would review the U.S. courts' internal policies governing clerkships and the reporting of inappropriate workplace behavior, attorneys who initially wrote a letter to the chief justice requesting scrutiny of those rules expressed disappointment that no current and recent former clerks are on the panel.
After the federal judiciary's administrative branch announced Friday who would review the U.S. courts' internal policies governing clerkships and the reporting of inappropriate workplace behavior, attorneys who initially wrote a letter to the chief justice requesting scrutiny of those rules expressed disappointment that no current and recent former clerks are on the panel.
Thursday, January 11, 2018
State legislators are floating some creative schemes to blunt the impact of the new federal tax law on California taxpayers.
Wednesday, January 10, 2018
State legislators are floating some creative schemes to blunt the impact of the new federal tax law on California taxpayers.
Tuesday, January 9, 2018
hen you buy tickets to a big concert, a professional sports event or a hot Broadway play — on a scale of 1 to 10 — how would you rate the ticket-buying experience? Think about everything from the price to the availability of tickets to the transparency of the whole transaction. The public has almost no chance to buy good tickets to the best events.
Monday, January 8, 2018
Ways to stay motivated to achieve financial goals.
Friday, January 5, 2018
Ways to stay motivated to achieve financial goals.
The Democratic supermajority is in trouble in California. What will happen?
Thursday, January 4, 2018
After lying dormant for almost one year, the agency in charge of interpreting the country's main labor law erupted in December with four blockbuster decisions in two days, three of which reversed opinions made during Barack Obama's presidency by a Democrat-controlled board.
Part 2 of a two-part series providing an overview of new California employment laws.
2017 was the year Twitter commandeered politics.
Wednesday, January 3, 2018
For years, an "Equity Coalition" of civil rights and education reform groups has battled the state's education establishment – state schools Superintendent Tom Torlakson, the state Board of Education and the California Teachers Association, most notably – over how the "achievement gap" should be addressed.
Tuesday, January 2, 2018
No summary was provided
The specialized unit to prosecute animal abusers was created in November, and is gearing up to be fully operational in January.
After lying dormant for almost one year, the agency in charge of interpreting the country's main labor law erupted in December with four blockbuster decisions in two days, three of which reversed opinions made during Barack Obama's presidency by a Democrat-controlled board.
Friday, December 29, 2017
Saving for retirement should be a top financial priority. It's worth it to commit to saving today.
Thursday, December 28, 2017
Home for the holidays after passing the eighth-largest tax cut in U.S. history, Republicans could be forgiven for reveling in the warm embrace of nostalgia. Ronald Reagan's first State of the Union address promised the biggest tax cut ever to "expand our national prosperity, enlarge national incomes and increase opportunities for all Americans". Republicans are proving notably more reluctant to acknowledge the true impact of the tax changes that Reagan wrought.
Wednesday, December 27, 2017
The twin ports of Los Angeles and Long Beach have become vital economic powerhouses.
The wisest course would be to restrain spending in the next state budget and squirrel away as much money as possible. However, the Legislature is dominated by liberal Democrats who fervently believe that more spending is a godly virtue.
Tuesday, December 26, 2017
Investors have increasingly turned to international stocks and bonds to diversify their portfolio over the long term. There are considerations to keep in mind.
As legal cannabis moves from campaign pitch to reality—amid lots of lobbying by industry groups along the way—some details of the plan have changed. Voters may not get what they expected.
A man wrongfully convicted of murder was granted his freedom this year after 21 years in prison with the help of a Keker, Van Nest & Peters LLP partner and a Santa Clara University School of Law professor with the Northern California Innocence Project.
Friday, December 22, 2017
Investors have increasingly turned to international stocks and bonds to diversify their portfolio over the long term. There are considerations to keep in mind.
Wednesday, December 13, 2017
The state's school systems are failing to produce enough graduates prepared to succeed in college. We need enough college-educated workers to replace retiring members of the baby-boom generation and keep us competitive in a global economy, and we need those graduates to be truly educated, not just shuffled through a system with lowered standards.
Tuesday, December 12, 2017
A San Francisco longshoreman with mesothelioma won a $24 million verdict against a shipyard contractor for conditions which contributed to his illness, then died the day after the decision.
Friday, December 8, 2017
December is a great time to review your finances and get ready for a fresh start in the new year. Five key financial moves are worth reviewing before year end.
Thursday, December 7, 2017
There is no federal court jurisdiction for disputes involving patents where the claimant does not actually own the patents. The possibility that one might own a patent, if a contingent future event occurs, is not enough. This seems like an obvious rule, but it ended up before the Federal Circuit Court of Appeals.
Wednesday, December 6, 2017
Politicians ensnared in the harassment scandal can affect the Legislature's delicate balance of power.
Thursday, November 30, 2017
Although In Re Micron clarified waiver of venue under Rule 12(g)(2) and (h)(1)(A) in light of TC Heartland, there are still a number of issues that need to be worked out at the District Court level. And, it is likely there will be differing application across District Courts until more of these issues are worked out.
Wednesday, November 29, 2017
With nothing politically to lose, Governor Jerry Brown has the freedom to do whatever he wants. He is asking the state Supreme Court to, in effect, make it easier for state and local governments to reduce benefits in public employee pensions.
Tuesday, November 28, 2017
Court rules that "Zootopia" and "Looney" are not substantially related and dismissed copyright lawsuit.
Monday, November 27, 2017
Employers must understand the legal parameters of obtaining and using criminal history.
Friday, November 24, 2017
If you experience an accident or injury, cost may be the least of your concerns initially. Yet, unexpected medical care has the potential to impact your financial situation in a big way. Before it does, take the time to prepare your strategy for dealing with surprise medical expenses.
Wednesday, November 22, 2017
Distorting the language of a repeal ballot measure should not be allowed. We need to prevent it.
Tuesday, November 21, 2017
Attorneys are assisting clients using the digital ledger technology often associated with bitcoin.
Monday, November 20, 2017
Upcoming tax season will be complex. Planning early with an accountant will save money and spare headaches.
Friday, November 17, 2017
If you're a retiree who is tempted to travel in the off-season, think through the costs and logistics first.
Gov. Jerry Brown was on message throughout his nearly two-week trip through Europe: Climate change is a serious threat, California is doing its part—and, especially, come to San Francisco next year for a climate conference that gets things accomplished.
California's political and legal war over whether the state's six million K-12 students are being adequately educated pits the state's education establishment against a coalition of civil rights groups, education reformers and charter school advocates over the "achievement gap" that separates poor children, particularly Latinos and African-Americans, from more privileged white and Asian students.
Thursday, November 16, 2017
Gorilla Glue #4 pot strain may need to rebrand.
Wednesday, November 15, 2017
Governor Jerry Brown is jetting around the world preaching the gospel of climate change, that everyone needs to reduce' emissions and change their lifestyles. Yet, he has a personal "carbon footprint" that's probably greater than 90 percent of Californians and 99 percent of the globe's population.
Tuesday, November 14, 2017
Those without celiac-like symptoms may want to think harder before causally adopting a gluten-free lifestyle. Doing so may damage your bank account and make your social life far more complicated, without doing your body much good.
The blue wave—which swept up statehouse races in Virginia, New Jersey and New Hampshire, municipal contests in Pennsylvania, a special election in Washington state, and a Medicaid expansion vote in Maine— was as much a referendum on what's happening in Washington D.C. as it was a rebuke of local lawmakers.
Monday, November 13, 2017
Why has there been a decline in civic institution building? Political polarization has got to be a big culprit. The affluent have also been less entrepreneurial.
Friday, November 10, 2017
If you wonder when, where, why or how to fulfill your retirement goals, you are not alone. Your dreams and financial situations are unique, and there is no one-size-fits-all retirement solution.
Thursday, November 9, 2017
Republicans think the whole country would be better off if we take money away from the Democrats’ rich people and give it to their own (more productive) rich people.
The USPTO just issued a final rule for trial practice before the PTAB that explicitly protects communications between patent agents or foreign patent practitioners and their clients.
A federal judge in San Francisco fined a mortgage financing service $7.9 million and permanently enjoined it from a wide array of misleading business practices Thursday.
Wednesday, November 8, 2017
There's no particular reason why rank-and-file legislative workers couldn't be civil servants, rather that serving, as they do now, as "at-will" employees who can be fired without warning by their political masters.
A federal judge in San Francisco fined a mortgage financing service $7.9 million and permanently enjoined it from a wide array of misleading business practices Thursday.
Tuesday, November 7, 2017
The Trump administration has proposed nearly tripling the entrance fees to select national parks, making it prohibitively expensive for many to enter.
Legislative leaders need to clean up the mess they allowed to fester even as they professed fidelity to a progressive state's politically correct values.
Legislative leaders need to clean up the mess they allowed to fester even as they professed fidelity to a progressive state's politically correct values.
Monday, November 6, 2017
Attorneys representing companies that are involved in the stock photography industry may want to revisit any applicable licensing agreements regarding stock photos to determine whether or not their client will have standing to pursue copyright infringement claims concerning the photos in their catalogues.
The multibillion-dollar package of improvements to highways, streets and other transportation facilities enacted by the Legislature and Gov. Jerry Brown this year may do little, if anything, to relieve traffic jams.
The multibillion-dollar package of improvements to highways, streets and other transportation facilities enacted by the Legislature and Gov. Jerry Brown this year may do little, if anything, to relieve traffic jams.
Friday, November 3, 2017
Several common mistakes made by financially accomplished people — along with a few tips to counteract them.
California authorities are confronting the opioid crisis with public education campaigns and local community coalitions.
A magistrate judge had tough questions for a health care company accused of denying inpatient mental health services to insurance policyholders as a cost-saving measure as closing arguments were held in a bench trial Wednesday.
Thursday, November 2, 2017
It's no secret that the German economy is in great shape. Exports are through the roof. Another reason for the continuing resilience of the German economy is its highly collaborative labor unions.
The dramatic rise of the San Francisco Bay Area into a globally important cultural and economic powerhouse is a case study in regional cohesion. Sacramento's regional leaders say they want to emulate it. But they'll have to get their act together first.
Inevitably "top 10 legal movie" lists are compiled with favorites like "To Kill a Mockingbird," "Anatomy of a Murder" and "12 Angry Men" on nearly all of them.
Wednesday, November 1, 2017
Eric Garcetti won't be running for governor next year. He may be exploring a presidential run.
Tuesday, October 31, 2017
Shawn Lesser, a co-founder of Big Path Capital, an investment bank focused on impact investments, which seek social as well as financial returns, said interest in agriculture has surpassed that of clean energy and affordable housing.
Monday, October 30, 2017
San Francisco Public Defender Jeff Adachi's announcement that his office will challenge bail in all criminal cases has added a new twist to the state's dilemma on money bail.
With a California law in danger of being overturned after being enjoined in February, a lawyer with the state attorney general's office told a federal judge Thursday he had no additional comments to make in defense of the statute.
Friday, October 27, 2017
Access to medical care may be a dominant campaign issue.
Access to medical care may be a dominant campaign issue.
Financial considerations to keep in mind if retirement includes earning an income.
Thursday, October 26, 2017
Allergan case brings up questions about sovereign immunity.
The four Democratic candidates for governor assembled Tuesday to talk about the "state's big issues" and whether they "have the ideas and resolve to meet them."
Wednesday, October 25, 2017
New gun laws enhanced California's status of having the nation's tightest restrictions on the purchase and use of firearms. However, what politicians and voters wrought last year didn't really cut down on the number of guns.
California GOP's semi-annual convention in Orange County showed that the Republican party is Trump's party now.
Tuesday, October 24, 2017
The National Park Service has announced that it was abandoning its plan to increase restrictions on dog walking in the Golden Gate National Recreation Area, a move that appears to be a reaction to a scandal in which committee members were having undisclosed conversations with proponents of tighter regulations on private email accounts.
Employers may be wary of their employees' social media posts, particularly when employees identify their employers in their profiles, or comment about their bosses or companies.
Monday, October 23, 2017
More than 140 women –California legislators, Capitol staffers, lobbyists and political consultants – signed an open letter denouncing "pervasive" sexual harassment and other forms of misconduct in state politics. "Each of us who signed this op-ed will no longer tolerate the perpetrators or enablers who do," the letter reads. Nor should we.
Friday, October 20, 2017
Some tips to guide support for disaster relief so that generosity helps rather than hinders relief efforts.
Thursday, October 19, 2017
Allergan's Restasis patents invalidated by a Federal District Court even after transfer to Native American tribe and sovereign immunity claim.
Petty efforts to dictate personal behavior can occur only because one political party so completely dominates that its members believe they have license to legislate without restraint. But in Washington, executive maturity and restraint appear to be in short supply.
Wednesday, October 18, 2017
Democrats have three dozen Senate seats up next year, will be financially stretched to defend the most vulnerable and have been counting on big bucks from California's wealthy liberals, particularly those in entertainment and high-tech, to meet fundraising goals. Kevin de León's bold – or cheeky – challenge to Feinstein guarantees that heavy money will be raised and spent in California next year. And it could get even more expensive if billionaire Tom Steyer also jumps into the Senate race.
Tuesday, October 17, 2017
Larry Summers served as U.S. Treasury secretary under President Bill Clinton, and as the director of the National Economic Council in the Obama administration. He has also served as the chief economist of the World Bank and as the president of Harvard, where he now teaches. More recently, Summers has emerged as a particularly virulent critic of the Trump administration.
Monday, October 16, 2017
Google May be a Verb, but Verb Use Alone Does Not Constitute Genericness
Friday, October 13, 2017
Consider creating a financial emergency plan for unwelcome weather events.
Thursday, October 12, 2017
After failing last year to prevent a new law requiring massive cuts to greenhouse gas emissions, the oil industry came back this year lobbying hard.
State and federal laws require employers to take appropriate steps to prevent and correct discrimination and harassment.
Disbarred Cupertino attorney Michael Morrissey was placed on three years of felony probation Tuesday for the unauthorized practice of law, the final result of a scheme in which he and two others conspired to appear to be providing legal representation to technology company ZF Micro Solutions Inc.
Wednesday, October 11, 2017
Dianne Feinstein announced on Twitter Monday morning that she'll seek another U.S. Senate term next year.
Monday, October 9, 2017
We expect trustees' sales to be handled efficiently and, of course, legally so that all parties to a non-judicial foreclosure are satisfied that each part of the process has been handled correctly. Divergent interests of all parties to such sales can result in some pretty unsavory activities.
Friday, October 6, 2017
Since health care priorities are likely to change over time, it might be beneficial to review and make alterations to how you structure your Medicare solution.
Thursday, October 5, 2017
Supreme Court ruling clarified that personal jurisdiction alone does not convey venue for patent cases under the patent venue statute. But that clarification led to confusion as to how to interpret the venue statute itself. The Federal Circuit just addressed that confusion.
Tuesday, October 3, 2017
Relevant research generally shows that linguistic diversity has a "negative impact" on economic growth. But whatever its inconvenience, the immense variety of human language is a beautiful thing in its own right.
Monday, October 2, 2017
Buying a property at the trustees' sale takes a bit of patience and acceptance. Sometimes the high bidder at a sale does everything right but doesn't get the chosen property even after the offer is made and accepted.
Friday, September 29, 2017
Stock market strategists and analysts are suggesting that we could see some market volatility in the months ahead.
Thursday, September 28, 2017
Trade dress protection is broader in scope than trademark protection, both because it protects aspects of packaging and product design that cannot be registered for trademark protection and because evaluation of trade dress infringement claims requires the court to focus on the plaintiff's entire selling image, rather than the narrower single facet of trademark.
Tuesday, September 26, 2017
A Sonoma County sheriff's deputy must face a trial for allegedly acting with unreasonable force in shooting and killing a 13-year-old boy holding a toy gun, a split 9th Circuit U.S. Court of Appeals panel ruled Friday.
Friday, September 22, 2017
Overcoming the challenge of paying for higher education starts with a plan. Understanding the real costs of college tuition and fees helps you craft an effective strategy to reach your financial goal.
Thursday, September 21, 2017
The Federal Circuit Court of Appeals made it very clear that during patent prosecution, the burden of proving patentability lies with the PTO examiner.
Wednesday, September 20, 2017
Public stock markets are fundamentally broken. Now, a series of entrepreneurs are emerging with some novel ways to fix the problem.
Tuesday, September 19, 2017
Stephen Dubner recently chatted with Urschel about how he managed to hold down an NFL career while secretly studying full time at the Massachusetts Institute of Technology, and whether the NFL will survive the CTE controversy.
Monday, September 18, 2017
Trademark dispute between multinational conglomerate and restaurant could get interesting.
The deals' expiration opens the door for a potential strike
Friday, September 15, 2017
there are steps you can take to help ensure your child with special needs has sufficient financial resources along with a dedicated support system.
A bench trial to determine whether drivers for Grubhub Inc. should be classified as employees rather than independent contractors wrapped up Tuesday with both sides showing some weaknesses in their case.
Thursday, September 14, 2017
No summary was provided
Wednesday, September 13, 2017
No summary was provided
Tuesday, September 12, 2017
Index funds and exchange-traded funds are designed to match or track a stock market index, such as the Standard & Poor's 500 Index. They can be bought very cheaply. And in recent years, a lot of people have been buying them. And this is reshaping Wall Street.
Monday, September 11, 2017
Index funds and exchange-traded funds are designed to match or track a stock market index, such as the Standard & Poor's 500 Index. They can be bought very cheaply. And in recent years, a lot of people have been buying them. And this is reshaping Wall Street.
Friday, September 8, 2017
Court Denies Plaintiff's Motion to Disqualify its Former Counsel as Counsel for Defendant in a Patent Litigation Action After Plaintiff Delayed Filing its Disqualification Motion for Over A Year After Discovering the Conflict.
Thursday, September 7, 2017
Lawmakers in the House took a major step Wednesday toward advancing the development of driverless cars, approving legislation that would put the vehicles onto public roads more quickly and curb states from slowing their spread.
Wednesday, September 6, 2017
"Rogue travelers" — those who book on their own. They are used to searching for the best fares, staying in unusual places and collecting reward points. Yet companies want to control travel costs.
Tuesday, September 5, 2017
Alphabet Inc.-owned Google was forced to give the federal government access to emails stored on overseas servers after a small team from the U.S. attorney's office in the Central District convinced a magistrate judge that their search warrant fell within the limits of the Stored Communications Act.
Friday, September 1, 2017
Americans need to reconnect with our ancient ideals and reconnect with the land.
Thursday, August 31, 2017
Some of the most common misconceptions or myths about patents.
Wednesday, August 30, 2017
Attorneys grappled Monday during oral arguments before a 9th U.S. Circuit Court of Appeals panel to interpret the U.S. Supreme Court's guidance on an executive order banning travel from certain countries, in the process testing legal definitions of family relationships.
Tuesday, August 29, 2017
The defendant says he should pay no more than $300,000, the Securities and Exchange Commission says no less than $26 million.
Monday, August 28, 2017
No summary was provided
Friday, August 25, 2017
Engaged couples should make good financial communication a priority.
Thursday, August 24, 2017
There's a disconnect between California's trademark statutes and the laws governing legal cannabis use.
Wednesday, August 23, 2017
No summary was provided
Tuesday, August 22, 2017
The bad news: Roughly 70% of Americans are financially illiterate. The good news: All the important stuff about managing your money can fit on one index card.
Monday, August 21, 2017
Some good properties can become available when a homeowner becomes unable to meet a commitment on one or more loans secured by a property.
Notice and consent are a basic concept in contracts, but they may be missing when it comes to IoT devices that gather data from the surrounding environment.
The decision is important because the state's highest court has reaffirmed the strict definition of lack of probable cause applied in malicious prosecution cases, but the court left some issues open.
The case involves whether a plaintiff has alleged a sufficiently concrete injury for purposes of Article II standing.
The 9th U.S. Circuit Court of Appeals has asked the California Supreme Court to decide whether an employee's time spent waiting for a security check constitutes "hours worked" even if the employee has clocked out.
Friday, August 18, 2017
Checklist can help organize your finances following the death of a spouse.
Thursday, August 17, 2017
A few of the most common aspects of patent law that are misunderstood.
A San Francisco County judge has entered an injunction halting the operations of a mall security firm whose practices he deemed to be overzealous.
A San Francisco County judge has entered an injunction halting the operations of a mall security firm whose practices he deemed to be overzealous.
A San Francisco County judge has entered an injunction halting the operations of a mall security firm whose practices he deemed to be overzealous.
A San Francisco County judge has entered an injunction halting the operations of a mall security firm whose practices he deemed to be overzealous.
Wednesday, August 16, 2017
No summary was provided
Monday, August 14, 2017
"Reverse confusion" happens when a customer believing they were doing business with a defendant actually ends up doing business with the plaintiff. Ninth Circuit holds that "reverse confusion" need not be pled with specificity
Friday, August 11, 2017
Financial conversations between siblings become inevitable, as brothers and sisters manage their parents' money matters, including estate planning, healthcare, retirement income and wills.
Thursday, August 10, 2017
Silicon Valley's politics have long skewed left, with a free-markets philosophy and a dash of libertarianism. But that goes only so far, with recent episodes putting the tech industry under the microscope for how it penalizes people for expressing dissenting opinions.
Wednesday, August 9, 2017
No summary was provided
Tuesday, August 8, 2017
California has far more electric cars and plug-in hybrids plying its roads than any other state -- about 300,000 so far. But they're still just a tiny fraction of auto sales.
Monday, August 7, 2017
Residential homeowners in California feel they have been singled out by creditors who are using unscrupulous loop-holes in laws to extract unwarranted expenses especially through foreclosures on onerous and burdensome loans. Some county offices are proactively finding ways to alleviate the financial problems of many who suffer when property values plummet.
Why is the ACLU even involved in the defamation case against John Oliver, brought after his talk show "Last Week Tonight" did a segment about the coal industry.
Friday, August 4, 2017
Protect your business against risks. What you need to know about business insurance.
In the fast-paced, high stakes startup environment in California, a company's legal needs may seem a nuisance and not get the attention they deserve.
Thursday, August 3, 2017
Summertime brings unique patent opportunities
Oftentimes, solo attorneys are faced with a difficult task of practicing law, managing a business, while continually promoting and marketing your practice.
The state agencies responsible for issuing licenses spent the past several months convening public hearings and accepting written public comments on how to best implement the state's medical cannabis regulations.
Wednesday, August 2, 2017
Repeated Discovery Failures and Abusive Litigation Tactics Warrant Terminating Sanctions, Treble Damages, Attorney Fees and Permanent Injunction Against Defendant In Patent Litigation Case.
Monday, July 31, 2017
An important step to include in your research of title and debt on your chosen foreclosure property is checking the grant deed.
Friday, July 28, 2017
Deciding when to collect Social Security benefits takes some thought.
Thursday, July 27, 2017
Shared office space is no longer the province of just sole proprietors, startups and young professionals. Companies like WeWork have capitalized on the popularity of shared working areas, in which people and companies rent office space by the hour, day or month.
Wednesday, July 26, 2017
The fast-food chain is beginning a venture with the ride-sharing company this week that will allow Lyft passengers to request rides that incorporate a stop at a Taco Bell drive-thru between 9 p.m. and 2 a.m. The companies will test the option, which will appear as "Taco Mode" in the Lyft app, during the next two weeks around a Newport Beach, California, location, with plans to expand the program nationally next year.
Tuesday, July 25, 2017
The lender might be well advised to take less than the amount due and to permit a "cash out" of the property rather than getting entangled with the complexities of the market at this time.
Monday, July 24, 2017
Amazon is a major player in multiple industries and continues to expand.
Friday, July 21, 2017
In the years leading up to retirement, prepare ahead of time to protect your assets and adjust as dictated by market and economic conditions.
As more priority products are determined, these regulatory obligations will certainly cause manufacturers to spend time and resources to ensure that they meet the regulations in order to sell their products.
The Court of Appeals has announced that it will consider a significant free speech issue bearing on the rights of anonymous internet users with sealed briefs, sealed record, and no amici.
Last October, the State Bar of California sent to the California Supreme Court, on an expedited basis, Proposed Rule 5-110, modeled on ABA Rule 3.8, Special Duties of a Prosecutor. The high court sent the rule back to the bar with a few notes.
Thursday, July 20, 2017
Two Northern California counties and one Southern California city have sued about three dozen energy companies, alleging that climate change-induced sea level rise caused by their emissions is damaging communities.
Wednesday, July 19, 2017
Boxing great Floyd Mayweather Jr. is set to face off against MMA's Conor McGregor in Las Vegas on August 26. But in the lead-up to the fight of old against young, taxes have taken center stage.
Tuesday, July 18, 2017
A growing number of federal, state, and local laws limit an employer's right to consider or even seek criminal history information from applicants and employees.
This is the final installment of a series of seven columns on how to write an effective Statement of Facts. And it might be the most important one.
Monday, July 17, 2017
After a long absence, attorney Paul Kiesel returns to review some of the latest tech gadgets to help you along both in and out of the courtroom.
Last week, the California Supreme Court ruled against two Encinitas homeowners who challenged the California Coastal Commission's expiration date placed on the seawall built to protect their homes.
REO purchases make sense. Buyers can prepare for and avoid surprises.
Friday, July 14, 2017
Having a well-defined path can help you develop peace of mind as you think about retiring
Thursday, July 13, 2017
Social media creates challenges to constantly stay connected and this brings up copyright issues.
Tuesday, July 11, 2017
Online video stars opt for Facebook over YouTube. Although YouTube pays more, stars are finding that their content spreads faster on Facebook.
Monday, July 10, 2017
Buying from the REO lender can be rewarding
Friday, July 7, 2017
Consider your options when making charitable contributions.
Dave Mullins and Charlie Craig walked into a bakery for a wedding cake. Jack Phillips, owner of Masterpiece Cakeshop, then walked over. As soon as he understood that Dave and Charlie were the happy couple, Phillips told them that he would not sell them a wedding cake because he had religious objections to gay people getting married. By Amanda Goad
Thursday, July 6, 2017
Despite the fact that the disparagement clause prohibits registration of a trademark that "may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute …" rock group is allowed to trademark name because of Free Speech Clause.
Last week, the Supreme Court agreed to review the conviction of Carlo J. Marinello II for obstructing the administration of the tax laws, presenting another opportunity to cut back on the scope of white-collar prosecutions under a catchall section.
Senate Bill 632, currently before the California Assembly, will protect dying asbestos victims suffering mesothelioma from days and weeks of abusive and unnecessary cross-examination during their final days of life. By Laurel Halbany
The U.S. Supreme Court ended its term with three significant First Amendment cases. By Jean-Paul Jassy
Wednesday, July 5, 2017
Foreclosure of a property through judicial action has certain unique characteristics. Borrowers and lenders are cautious.
Monday, July 3, 2017
Case before the Ninth Circuit focuses on question of free speech
Friday, June 30, 2017
Ways to benefit from early tax planning
In CalPERS v. ANZ Securities, the U.S. Supreme Court continued its trend of paring back class actions and enforcing strict time limits on the filing of claims. By Anthony J. Dick, Christpher DiPompeo, Stephen D. Hibbard and Christopher Lovrien
Thursday, June 29, 2017
John Zimmer, the co-founder and president of Lyft is not happy about the chaos that is enveloping Uber. "There's nothing to celebrate in this situation, "But it does shine a light on the importance of values and ethics."
Wednesday, June 28, 2017
Google fine $2.7 billion for unfairly favoring some of its own search services over those of rivals. The penalty, highlights the aggressive stance that European officials have taken in regulating many of the world's largest technology companies.
Tuesday, June 27, 2017
About 12 million people will get a lift in their credit scores next month as the national credit reporting agencies wipe from their records two major sources of negative information about borrowers: tax liens and civil judgments.
Monday, June 26, 2017
Proposition 13 has been around since 1978 and can't be circumvented. We need to develop ways to get additional tax income for the public services we seek.
The stigma surrounding substance abuse and depression often makes it difficult for those afflicted to ask for help or for those who observe these issues in others to take action. By J. Randolph Evans and Shari Klevens
The procedure for determining competency for a criminal defendant confuses many attorneys, even criminal attorneys. By Chris Honigsberg
In examining the building blocks of consciousness in his new book, "From Bacteria to Bach and Back," Dennett starts with billions of years of what he calls "irreplaceable design work." By Richard Wirick
Friday, June 23, 2017
Consider your long-term financial security and save for retirement. Saving a dollar a day could make a big difference. The most important part is getting started.
One year ago, the U.S. Supreme Court endorsed the implied false certification theory under the False Claims Act. By Kimberly A. Dunne, Douglas A. Axel and James M. Perez
U.S. auto manufacturers may be motivated to push ahead with green technologies regardless of the withdrawal from the Paris Agreement. By Jeffrey Soble and Sarah Slack
Learning to personalize the corporate client by telling their story — family, pride of ownership, community standing and more — is essential to reducing potential exposure at trial. By Robert Tyson
Thursday, June 22, 2017
The Supreme Court held that patent owners exhaust their rights when they sell the patented product, and it is irrelevant whether the post-sale limitations imposed by the patent owner are clearly stated.
Wednesday, June 21, 2017
Conglomerates used to marked and defined by their largesse, while the new conglomerates are capable of hiding in plain sight due to their innovative business practices.
Tuesday, June 20, 2017
Social media interactions in the workplace environment can be fraught with peril, and a companies' policy should be clear and multifacted enough to address issues that arise amongst both personnell and legal challenges.
It is tempting to say that like the soul, the Law too is a chariot drawn by two horses, Bureaucracy and the Quest for Justice, and that the two horses are in constant conflict. But we would be wrong. By Rafael Chodos
Interestingly, Senate Bill 632 imposes no limit on the questioning done by the plaintiff's own counsel — just that of the defendants. By Mark Love
Since 1970, California law has granted California residents substantial protection for their assets from legal claims of creditors through the use of a "private retirement plan." By William L. Porter
While the procedural mechanics of 998 offers in the courts is well-settled, the same cannot be said for arbitration. And as a recent Court of Appeal decision demonstrates, obtaining a timely ruling on Section 998 offers during arbitration can be tricky. By Gary Watt
Monday, June 19, 2017
The high bidder at the trustee's sale or the foreclosing mortgagee may not have immediate occupancy rights after a property is sold at the foreclosure sale.
Despite the legislation's potential impact on millions of Americans, there appears to be no plans to bring the legislation to the Senate floor for debate, nor to any committee for hearing. By Michael C. Parme
The Drone Federalism Act of 2017, introduced in the Senate a few weeks ago, provides some needed clarity by eliminating concern about state and local drone regulations potentially interfering with Federal Aviation Administration regulations. By Javan N. Rad
Friday, June 16, 2017
Can your projected future income and assets withstand the cost of long-term care if the need arises? Learn about your options and make an informed decision.
Thursday, June 15, 2017
The Biologics Price Competition and Innovation Act of 2009 sets forth a carefully calibrated scheme for preparing to adjudicate, and then adjudicating, claims of patent infringement and facilitates patent litigation during the period preceding FDA approval so that the parties do not have to wait until commercial marketing to resolve their patent disputes.
Tuesday, June 13, 2017
After six years of laying a foundation, major banks are ready to introduce Zelle, a digital payments network that will allow people to send money instantly through participating banks' mobile apps.
Monday, June 12, 2017
It may come as a surprise to most trademark aficionados that the Eagles have never registered Hotel California with the USPTO. This begs the question: Is federal registration an absolute necessity to enforcement? The entity in control of the rock band's business affairs filed a lawsuit in the Central District. It will be interesting to see how the case of Eagles Ltd. v. Hotel California Baja plays out.
If one looks around the cast of characters in a law firm, or any organization, the parallels to Muppets can be surprisingly easy to draw. So which Muppet should you aspire to be? By Louie Castoria
Actor and comedian Jim Carrey is facing wrongful death lawsuits regarding his deceased girlfriend. The cases will require the court and jury to grapple with the rarely litigated Drug Dealer Liability Act. By Richard T. Collins
Thursday, June 8, 2017
Senate Bill 775 would significantly revamp change the way carbon credits and offsets are addressed in California's groundbreaking greenhouse gas cap-and-trade program. By Joshua A. Bloom
Sessions' effort to revive decades-old thinking about crime and punishment will inevitably contribute to a rise in the federal prison population and will be counterproductive to promoting public safety. By Marc Mauer and Kara Gotsch
Understandably, our recent study has been controversial. Much surrounds things the study does not purport to say, and we hope to clarify that. By Robert Anderson IV and Derek T. Muller
It requires patience, trust and hard work. Results might not be seen for months or even years, but if you trust the process, they will come. By Hamid Yazdan Panah
Wednesday, June 7, 2017
When Snapchat isn't drawing criticism from Wall Street analysts, it is drawing ire from concerned parents everywhere, who have become gravely concerned about one particular feature of its app: the speed stamp. By Jonathan Michaels
Officials recently announced that President Donald Trump will not be continuing the policy of disclosing White House visitor logs. This despite a letter penned by eight U.S. senators urging Trump and the Secret Service to release the logs. By Duffy Carolan
Tuesday, June 6, 2017
Lawyers are often good at compartmentalizing. They have to keep legal matters separate, personal and business separate, and more. But should they have two different sets of books for different purposes? By Robert W. Wood
Every part of your brief should be as clear as a bell. This includes the "Statement of Facts." If it ain't clear, it ain't there. By Myron Moskovitz
Monday, June 5, 2017
Earlier this year, a federal court dismissed a lawsuit brought by a drone pilot against a Kentucky man who shot down a drone that he thought was being used to spy on his teenage daughter at home. By Joshua Briones, Esteban Morales and Natalie Prescott
Last month, Hobby Lobby Stores joined the list of retailers accused of using false reference prices to sell their products. By Lisa Gilford and Devon Hein
Recent U.S. Supreme Court decisions have granted ever-increasing First Amendment protection to commercial speakers. The 9th Circuit, however, seems to be moving in the opposite direction. By Richard A. Samp
Friday, June 2, 2017
A recent holding provides guidance to boards of directors weighing fiduciary obligations against contractual obligations. By Marc Boiron and Morgan McCombe
Thursday, June 1, 2017
Now that former FBI Director Robert Mueller has been appointed special counsel, what should we expect from his investigation and the ongoing congressional investigations? By Stephen M. Ryan
President Donald Trump has tweeted that he is the victim of "the greatest witch hunt of a politician in American history!" In considering this contention, one might visit the intense criticism faced by Abraham Lincoln during his presidency.
President Trump's recent cybersecurity executive order modernizes the IT infrastructure of federal agency networks. By Jennifer Martin
Wednesday, May 31, 2017
A recent Tax Court memo reiterates that mere promises alone, even based on court judgments with respect to these amounts due, aren't enough to constitute economic reality. By Megan Lisa Jones
Is the Senate's "Byrd Rule" a legal barrier to complete replacement of the Affordable Care Act? By Eric J. Schillinger
Monday, May 22, 2017
Preparing your law practice for a partner's death or incapacity is a critical component of risk management for partner departures. By Daniel O'Rielly and Dena Roche
The U.S. high court has another opportunity to turn around California courts' seeming hostility to arbitration agreements, this time in the PAGA context. By Richard A. Samp
FCC Chairman Ajit Pai proposes to repeal rules that would have the effect of allowing internet service providors to engage in paid prioritization — seriously endangering open access to information. By Catherine J.K. Sandoval
Monday, May 15, 2017
No summary was provided
The pieces are already in place for the government to avoid review of its actions against Muslims — or anyone else. By Elizabeth Pipkin
Thursday, May 11, 2017
Assembly Bill 168 would prohibit California employers, including public sector employers, from requesting information about a job applicant's salary history or benefits. By Gina Roccanova
Wednesday, May 10, 2017
Considering the recent wave of biometric litigation, virtual and augmented reality businesses should address the privacy risks and legal requirements associated with biometric data. By Zerina Curevac
Tuesday, May 9, 2017
A 9th U.S. Circuit Court of Appeals panel raised questions Friday about the trial of a man convicted of trade secrets theft from a major corporation, asking the judge to determine whether omission of information ultimately affected the outcome.
Senate Bill 258, the Cleaning Product Right to Know Act of 2017, would require that chemicals used in everyday cleaning products be disclosed to California consumers and employees. By Joshua A. Bloom
We have 800 and some days left in Jerry Brown's tenure to get this message to him. If anyone should be granted clemency, why are we not first looking at innocent people? By Justine Brooks
The 9th Circuit said yes in a decision last month. The ruling highlights the growing differences between federal and California pay equity laws. By Emily Burkhardt Vicente and Andrew Quigley
President Donald J. Trump's disdain for paying taxes makes him unique neither as a president nor a citizen. By James Attridge
The California Supreme Court had an opportunity to wrestle with ancient Greek paradoxes in a unique anti-SLAPP/attorney discipline case. By Charles Kagay
Monday, May 8, 2017
Despite what some reports are saying, the Whittier Law School is not closing because its students failed to satisfy the ABA's bar passage standard — this standard was met By Neil H. Cogan
Nineteen years ago California voters set in motion the dismantling of our state's judicial system and the resulting transfer of power from local courts to the state. By Jonathan Goldstein
Although the Affordable Care Act is still in place for now, the future of health care in the U.S. is uncertain. That uncertainty is especially salient for couples facing infertility. By Evie Jeang
As a recent opinion shows, the private attorney general fee award is an asymmetric fee system. By Richard Schulman
Friday, May 5, 2017
A corporate bankruptcy may slow down a creditor's action against the non-debtor guarantor, but it usually won't stop it. By Ronald N. Richards and Howard N. Madris
Director and officer liability insurance is not the sexiest part of starting a startup, but venture capital investors may not take you seriously without it. By John O'Neill and Jonathan O'Connell
Monday, May 1, 2017
Two bills that were recently introduced in the California Legislature's February session that impact asbestos litigation: Senate Bill 632 and Assembly Bill 1056. By Margaret Johnson
I recently found myself in the landlocked Himalayan nation of Bhutan. Sandwiched between China and India, Bhutan is small — just 200 miles wide, 100 miles long, and stunningly mountainous. By Julie L. Kessler
California employers need to be aware that recent and future minimum wage increases affect designations of exempt employees. By Bryan L. Hawkins
Summertime romances are great, just not with the summer associates, and other rules to keep in mind as law students flood law firms in a few months. By John Kloosterman
Friday, April 28, 2017
While initially it may seem enticing to attempt to pick-off the PAGA representative, it likely would only increase the employer's potential liability. By David Winston
It was only a matter of time before the escalating feud between California and President Donald J. Trump has finally arrived on the steps of our local courthouses. By Jeff Adachi
Thursday, April 27, 2017
Earlier this month the U.S. Supreme Court ruled that Courts of Appeals should largely defer to lower courts' decisions when policing Equal Employment Opportunity Commission subpoenas. By David B. Monks
The view of Justice Neil Gorsuch as "anti-civil rights" is flawed. The truth is more complicated. By Scott J. Street
A recent Supreme Court decision reinforces a looming specter that employers often fail to focus on when facing imminent closure of operations for business reasons — WARN statutes and their significant financial impact. By David Van Pelt
As the DTSA celebrates its first birthday, answers to lurking questions about jurisdiction and ex parte seizures begin to emerge. By Matthew Werdegar and Warren Braunig
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