GUEST COLUMNS
Monday, January 13, 2020
The U.S. Department of Labor recently revised its regulations governing the calculation of the "regular rate of pay."
California has overreached in its effort to address the challenges in today's tech platform gig-work economy.
In his inaugural address one year ago, Gov. Gavin Newsom said of California, "This is where America's future is made. This is our charge. That is our calling."
Friday, January 10, 2020
The start of the new year is a great time to focus on your finances and put them into perspective.
Monday, January 6, 2020
Happy 2020. If you're in California, you're now subject to a spate of new laws. Natasha Singer focused on a big one: The state's landmark consumer privacy law.
Friday, January 3, 2020
The U.S. Court of Appeals for the Federal Circuit has upended divided patent infringement.
Three appellate courts recently reached different conclusions regarding whether a claim for contractual indemnity "arises from" protected petitioning activity within the meaning of California's anti-SLAPP statute.
When Disney chose to delay the production and release of merchandise related to The Child—commonly referred to as Baby Yoda—from its hit series, The Mandalorian, it created a significant opportunity for unlicensed fans to create and sell such merchandise.
Monday, December 30, 2019
It is an historical anomaly that Supreme Court justices are the only judicial category not currently covered by a code of conduct.
Earlier this year Congress enacted the Small Business Reorganization Act of 2019 with the stated goal of assisting small business debtors who have struggled to reorganize under Chapter 11.
Friday, December 20, 2019
Many parents have children who have accrued significant debt while they are in college. College graduates often have multiple loans ? each one requiring its own payments on its own due date each month. Aside from parents giving money, there are steps they can encourage their child to take to help manage those debts.
Wednesday, December 18, 2019
Gov. Gavin Newsom says he wants Pacific Gas & Electric Co. to become a "radically restructured and transformed utility that is responsible and accountable?"
But how?
Friday, December 13, 2019
With the new year upon us, those who collect Social Security or pay into the public retirement program through payroll deduction will see some changes.
Wednesday, December 11, 2019
Exactly 40 years ago today, a political power struggle erupted in the California Assembly, one that lasted nearly a year and fundamentally altered the Capitol's culture.
Wednesday, December 4, 2019
Sooner or later, the state Supreme Court must clear up a legal ambiguity it created over how many votes are needed to enact local tax increases.
Monday, December 2, 2019
When sued for patent infringement, a defendant can still petition for inter partes review ("IPR") of the asserted patent at the United States Patent and Trademark Office ("USPTO") if the petition is filed within one year of service of the complaint. But, as Game & Technology Co. v. Wargaming (Fed. Cir. 2019) reminds us, a plaintiff must properly serve the complaint to trigger the one-year deadline. Specifically, "[s[ection 315(b) states that '[a]n inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner ? is served with a complaint alleging infringement of the patent.'" 35 U.S.C. § 315(b).
Wednesday, November 20, 2019
Remember the children's fable about the wolf who was attempting to capture and consume the three little pigs?
Monday, November 18, 2019
A raft of new employment laws take effect on January 1, 2020. To help employers prioritize the many required changes to policies, forms, and procedures, we provide a non-exhaustive list of matters requiring employers' attention by year's end. This discussion may not take into account special exceptions contained in the laws, and is not a substitute for legal advice tailored to a particular situation.
Friday, November 15, 2019
The gift-giving season is fast approaching. So, if you are like a lot of people, this means you are spending time trying to brainstorm gifts to give your loved ones ? something that they will use and appreciate. For those disillusioned with giving gifts that are quickly used up or forgotten the moment the wrapping paper comes off, consider a financial gift designed to make an impact. Here are a few financial gift ideas you can feel good about giving.
Wednesday, November 13, 2019
California's economy has been booming for most of this decade and has generated a cornucopia of tax revenues for state and local governments.
Wednesday, November 6, 2019
No summary was provided
Monday, November 4, 2019
Arizona enacted significant groundwater management legislation in 1980, and lessons can be learned by comparing and contrasting California's circumstances with Arizona's approach to addressing groundwater overdraft.
Friday, November 1, 2019
We hear frequent references in the news to the Federal Reserve (or the "Fed," as it is more commonly called). Yet, for many individual investors and consumers, the way the Fed affects their lives is a bit cloudy. So, let's clear the air.
Monday, October 28, 2019
WeWork said it was going to transform the market for office space, reinvent the way people work and elevate the world's consciousness. But in recent weeks, the brutal reality beneath the lofty visions has emerged.
Wednesday, October 23, 2019
Recent CWA cases have produced fractured opinions, and circuits are split on how to interpret them — so can an ordinary layperson be expected to figure it out?
Monday, October 21, 2019
Californians often cite homelessness as the top issue facing their state.
Friday, October 18, 2019
As a financial advisor, I've worked with many clients as they plan for their dream home and gleaned insights on the process along the way. Building a home can be an exciting, but challenging time. It takes a plan with realistic timelines, budgets and expectations to stay on track and keep your sanity through what can feel like an overwhelming process. If building a home is on your bucket list, here are some considerations before you start.
Monday, October 14, 2019
This article is Part 1 of a two-part series providing an overview of recent California Supreme Court decisions in employment law.
Wednesday, October 9, 2019
Educational accountability is attracting a lot of political attention — or perhaps lip service — these days in California.
Monday, October 7, 2019
By happenstance, events in the final week of September perfectly framed what one might call the California Paradox — a thriving, world-class economy with stubbornly high levels of poverty and a widening divide between the haves and have-nots.
Wednesday, October 2, 2019
A Buchalter team helped Hyundai Motor Company beat a $40 million products liability lawsuit after a Los Angeles jury freed it from all claims by a plaintiff whose arm was amputated in a crash.
Monday, September 30, 2019
For James Ehrlich, farm-to-table is just a starting point for the future.
Friday, September 27, 2019
For families of individuals with disabilities, crafting a financial plan requires a delicate balance. As a financial advisor, I've seen this balance play out firsthand. Families want to save responsibly, anticipating future expenses including retirement, but need to be careful not to save more than the limits required for government assistance. ABLE accounts are designed to fill this need. Money saved and invested into one of these accounts can be withdrawn to cover current or future care ? without putting federal and state aid dollars at risk.
Wednesday, September 25, 2019
A political scandal that erupted in San Diego 16 years ago indirectly established a peculiar — and unseemly — ethical double standard regarding local ballot measures.
Monday, September 23, 2019
News media recently highlighted workplace raids by Immigration and Customs Enforcement agents (ICE). Employers should know, however, that workplace raids affect far fewer employers and employees than another of ICE's compliance enforcement methods: the Form I-9 audit. For that reason, employers should ensure they have properly completed Forms I-9 on file for employees in advance of receiving a Notice of Inspection (NOI) from ICE.
Friday, September 20, 2019
For decades, people have subscribed to newspapers, magazines and cable services. Today, that subscription-based payment model is being used across a wide range of consumer products and services.
Monday, September 16, 2019
Giving a teenager a credit card may seem a risky proposition. But finance experts say it can be a helpful educational step, with proper limits.
Friday, September 13, 2019
Many people dream of starting a business. And, for some, a spouse or significant other is the ideal business partner. The prospect of building an enterprise with the person they share other parts of their lives with may be appealing on a number of levels from shared passion, convenience and common goals. However, it's important to approach the joint venture with the same care a person would apply to any other business dealings.
Wednesday, September 11, 2019
Monday's session in the California Legislature will likely be remembered for the hundreds of anti-vaccine protestors who shut down both the Senate and Assembly at various times in the afternoon. But lawmakers also acted on scores of bills, including significant gun control and #MeToo bills.
Friday, September 6, 2019
Insurance is one of the fundamental financial tools for any household. Most people recognize the important role of insurance, but many are unsure about how it works. If you have questions about insurance, you aren't alone. As a financial advisor, I get a variety of questions about insurance.
Wednesday, September 4, 2019
One of the more curious anomalies about California is that while labor unions' political power has increased to virtual hegemony, especially in the last decade, union membership has declined just as sharply.
Friday, August 30, 2019
With the real estate market as competitive as it is in various U.S. cities, more people are opting to stay in their current homes. This decision frequently comes with the desire to take on additional house projects, which often impact your financial situation. If you are considering upgrades and remodels, read on for several considerations on how to prioritize your housing projects.
Monday, August 26, 2019
Human resources professionals may shudder at the sound of an "audit." For starters, it is difficult to make available the time and personnel needed for day-to-day work. And what if the audit uncovers "bad news?"
Friday, August 23, 2019
The UC Davis Medical School this week released a report on the state's new "red flag" law aimed at seizing guns from dangerous persons, saying the data "suggest that this urgent, individualized intervention can play a role in efforts to prevent mass shooting."
Retirement is one of the most important financial goals for many married couples. It's something you may dream about and work hard to reach. But, even if you feel like you are on track in terms of meeting your financial objectives, there is an equally important factor to consider ? are you both on the same page about your vision and plans for retirement?
Wednesday, August 21, 2019
The record of the 2019 legislative session -- Gov. Gavin Newsom's first -- is still a work in progress, but his signature on Assembly Bill 392 this week makes it a success, no matter what else happens.
Monday, August 19, 2019
Not so long ago, philanthropy was an area where politics were left at the door. Conservatives and liberals on a philanthropic board could agree to disagree behind closed doors, but the public paid little attention as hospitals, cultural institutions and universities expanded thanks to gifts from the wealthy.
Friday, August 16, 2019
It's no secret that many American parents want to support their kids by paying for their college education. According to recent Ameriprise research, 87 percent of parents today already have paid for or plan to assist with these costs. Furthermore, 33 percent of respondents have delayed their own retirement, or plan to, in order to help their kids pay for college
Southern California Gas Company has been ordered to produce documents containing their communications with AECOM Technology Corporation who helped the utility's counsel with legal strategies with respect to the Porter Ranch gas leak litigation.
Wednesday, August 14, 2019
The California Legislature's 2019 session began last winter amidst great hopes and fears.
Monday, August 12, 2019
Employers must take both preventive and remedial action to stop unlawful discrimination, harassment, and retaliation at work. An internal investigation is a critical tool to help fulfill these obligations.
Friday, August 2, 2019
Americans juggle a lot of interest rates in their daily lives. They pay interest on car loans, credit card balances and mortgages. They earn interest, at least a little, on the money they save with banks.
Monday, July 29, 2019
COMPTON — It was bath time and Rosalba Moralez heard a cry. She rushed to the bathroom and found her 7-year-old daughter, Alexxa, being doused with brown, putrid water.
Friday, July 26, 2019
Armed with our law licenses and our laptops we flew to El Paso, Texas, and on Thursday morning we were greeted by a lawyer from Diocesan Migrant and Refugee Services. In the two days we spent with DMRS we were both heartened by the good deeds performed on a daily basis and demoralized by the size of the problem and the lack of resources to address it.
Friday, July 19, 2019
One of the most important decisions you will make in retirement is when to begin receiving your Social Security benefits. Yet this decision often depends on another: whether you plan to retire or keep working. The following are some pointers to help you make both decisions with confidence.
Wednesday, July 17, 2019
Senate Bill 614 was born, or reborn, on June 18 when state Sen. Susan Rubio stripped the contents from the measure, after it had passed the Senate and was pending in the Assembly, and inserted an entirely different proposal.
Wednesday, June 19, 2019
Given their druthers, many government officials would prefer to do their business ? our business, actually ? behind closed doors and provide sanitized, self-serving versions of their actions after the fact.
Monday, June 17, 2019
As President Donald Trump rails against the Federal Reserve and urges it to lower interest rates, a similar push is coming from a group founded this year by three left-leaning millennials — albeit for very different reasons.
Wednesday, June 12, 2019
Going into this year's legislative session, it appeared that the California Chamber of Commerce's long string of wins on bills it labels "job killers" might end.
Monday, June 10, 2019
President Donald Trump has not done much for Republican legislative priorities. But he has — with the help of a ruthlessly single-minded Mitch McConnell — branded the federal judiciary with his influence. Judges nominated by Trump will be making law, and interpreting the Constitution, for at least a generation.
Wednesday, June 5, 2019
It was late one night 40 years ago and Gov. Jerry Brown's most important piece of legislation was in trouble.
Monday, June 3, 2019
David Bornstein points out that a lot of American journalism is based on a mistaken theory of change.
Wednesday, May 29, 2019
Fair warning: By reading this you will be plunging into the Legislature's almost impenetrably arcane thicket of internal procedures.
Carol Spencer, 86, may be the most influential fashion designer you've never heard of.
Friday, May 24, 2019
Many couples are choosing to start families later in life compared to their parents and grandparents.
Wednesday, May 22, 2019
At last count, California's Democratic political leadership had filed four dozen lawsuits against President Donald Trump's administration, reflecting differences on policies large and small.
In January, the Reporters Committee for Freedom of the Press and the International Documentary Association started hearing worrying reports from journalists and documentarians covering developments related to migrants arriving at the U.S.-Mexico border from Central America.
Wednesday, May 15, 2019
Gavin Newsom has spent the last four months telling Californians that he could -- and would -- cure some of California's most pressing social ailments.
Monday, May 13, 2019
There's nothing terribly surprising about how Elizabeth Warren's campaign is playing out. She's scoring big points for her seriousness, reflected in a raft of detailed policy proposals.
Wednesday, May 1, 2019
Pitting the power of the arbitrator against the arbitration agreement, attorneys for Twenty-First Century Fox Inc. argued Monday a neutral overstepped his bounds with a $128 million punitive damage award.
Friday, April 26, 2019
Emotions do not help you decide how to divide community assets, whether to sell the family residence, or what expenses you have to reduce or eliminate.
When an agency seeks a packaging fee, its interests are in conflict with those of the writer.
Buying a home for the first time in some U.S. markets is becoming increasingly challenging.
Wednesday, April 24, 2019
We've all seen children, often very young children, hunched over from heavy book backpacks, shuffling along sidewalks just an hour or two after sunrise on their way to school.
Monday, April 22, 2019
As the unemployment rate remains low, there may be more available jobs than qualified applicants to fill them. So, job-seekers are in high demand. One possible side effect of aggressive recruiting and rising wages is that employers are experiencing what is colloquially known as "ghosting."
Wednesday, April 17, 2019
Cary Berger has worked as a general counsel for technology companies, media productions and even one of the largest online dating sites in the country. His most recent adventure is a brewpub startup that's all about the beer.
Monday, April 15, 2019
After suffering permanent brain damage in 2014, Shernoff and Trauma Law Center attorneys won more than $8.8 million for plaintiff Zachary Peterson's care.
Monday, April 8, 2019
There is an essential aspect of the creative process that everyone can relate to, even people who don't think of themselves as creative. And it's something that almost no one enjoys: failure.
Friday, April 5, 2019
If you're planning a wedding -- whether it's your own or your child's -- and haven't been paying close attention to the wedding industry, you may experience sticker shock as you begin calculating costs.
Wednesday, April 3, 2019
Constitution's very specific list of inviolable human rights sets the United States apart from almost every other nation on Earth.
Monday, April 1, 2019
Out in the way beyond, the open land on the far side of the Mueller report and cable news obsessives, is a vast kingdom now being used to hasten the demise of the planet.
Wednesday, March 27, 2019
The plaintiff's attorney said the case is about civil rights but the lawyer for the city of Baldwin Park said it's about money.
Monday, March 25, 2019
The average American consumes roughly 200 pounds of meat a year. According to Jayson Lusk, an agricultural economist at Purdue University, Americans eat more meat per capita than citizens of almost any other country in the world, making them "the king of meat eaters." How did the United States achieve such a status? And what — if anything — should be done about it?
Friday, March 22, 2019
If you follow the news, you may be hearing about how recent changes in the tax code may impact how much Americans receive as a tax refund this year. With tax filing season upon us, now is the time to analyze your tax bill.
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
The new tax law created an incentive program which encourages investors to make long-term financial investments in opportunity zones. In exchange, the investor receives a number of benefits related to the reinvestment and deferral of capital gains taxes.
Frans and Caroline Swaalf, management consultants in the Netherlands, have been enamored of South Florida since they were graduate students at the University of Miami in the 1990s.
Friday, March 15, 2019
The 2016 voter initiative to keep the death penalty required the state to maintain the ability to "perform any duty needed to enable it to execute the judgment."
Proposed law may actually impede lactation accommodations for working mothers and promote litigation.
Wednesday, March 13, 2019
After being accused of witness tampering, an attorney in a patent infringement case hired his own lawyer over the weekend and sent a strongly worded letter to the judge saying Apple's counsel's accusations are sanctionable.
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.
Wednesday, March 6, 2019
As California's housing shortage deepened in the last decade, Jerry Brown made only token efforts to address it.
Monday, March 4, 2019
When nine refund checks landed in his mailbox a few months ago, Jed Shafer figured he was finally done with his student loan.
In September, California became the first state to ban the sale of most cosmetics tested on animals. The passage of Senate Bill 1249 marked a new day for the animals used in cosmetics testing.
California employers may have an arrow in their quiver to challenge the constitutionality of California's Private Attorneys General Act.
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.
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.
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.
Wednesday, February 6, 2019
The state Supreme Court denied anti-SLAPP motions by the city of Carson stemming from its unsuccessful attempt to lure a National Football League franchise.
Monday, February 4, 2019
Taxing 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.
Wednesday, January 30, 2019
A California jurist once wisely observed, "All too often attorney fees become the tail that wags the dog in litigation."
And looking ahead to securities regulation priorities in 2019.
Gavin Newsom began his governorship this month by promising to confront what he described as California's most important issue, an ever-increasing shortage of housing.
Friday, January 25, 2019
The dream scenario for many retirees is to have a second place to call home.
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.
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.
Monday, January 14, 2019
Judge Yvette M. Palazuelos has taken over the nearly 300 coordinated cases filed in Los Angeles County Superior Court over the 2015 Porter Ranch gas leak.
You probably want to be a good person. But you may also be completely self-absorbed. So you may be thinking, "There is no way I can be good if I'm also a narcissist. But how wrong you are!
Friday, January 11, 2019
A prominent economic story of the past year has been the growing tide of trade disputes across the globe. The U.S is at the center of it -- most notably with China -- which means investors are often subject to daily headlines debating possible implications for global markets and the economy.
Wednesday, January 9, 2019
Gov. Gavin Newsom punctuated his inaugural address this week with several jabs at President Donald Trump, referring at one point to "the corruption and incompetence in the White House."
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.
When a motion to disqualify is filed, tensions often run high. The attorney targeted by the motion may feel a mix of anger at opposing counsel and discomfort in explaining to the client why it should incur additional fees to defend a motion in order for the attorney to continue the representation.
Last month the Delaware Court of Chancery issued an important decision denying a motion to dismiss derivative litigation.
Friday, January 4, 2019
The Trademark Trial and Appeals Board recently issued an interesting decision regarding standing to oppose the registration of trademark applications.
Wednesday, January 2, 2019
Law students and professors have gone to Tijuana to advise asylum seekers on their options.
Monday, December 31, 2018
This fall, the California legislature responded to the #MeToo movement in a significant way. One bill, SB 1343, affects nearly every employer in California.
California's State Water Project and federal Central Valley Project span several northern watersheds, converging in the Sacramento-San Joaquin Delta, where their pumping stations operate a stone's throw away from one another.
A recent Court of Appeal decision raised the issue of realigning California takings law with paramount federal authority. Why would such realignment be needed? How did California law get out of line?
With the implementation of many provisions of the Tax Cuts and Jobs Act, the drama surrounding the Donald J. Trump Foundation, the continued attention paid to donor-advised funds, and ongoing attempts to modify or altogether repeal the prohibition on 501(c)(3) campaign intervention activity, it's been a big year for tax-exempt organization legal updates.
Friday, December 28, 2018
Family law proceedings almost exclusively deal with state law. At times, however, federal law issues come into play and when they do, the parties' and attorneys' unfamiliarity with these concepts will unnecessarily disrupt the proceedings. One area is the Servicemembers Civil Relief Act.
Actors gain notoriety for different reasons. For some it's due to a physical characteristic or an iconic character portrayal.
Potential hires want to see a firm is advancing equal opportunity in all aspects of operations and practice, and taking concrete action to build a diverse workplace.
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. However, an employer also may incur liability for unlawful workplace harassment perpetrated by an outsider, such as a customer or vendor.
Friday, December 21, 2018
hance to set new goals. If your resolutions are money related, here are some ways to strengthen your financial foundation in 2019.
As presiding judge of nearly 600 courtrooms in Los Angeles County, Daniel Buckley has been responsible for overseeing the largest trial court system in the country.
Wednesday, December 19, 2018
The law school's finances won't face scrutiny from Moody's because its bonds have been paid off.
Monday, December 17, 2018
Jury convicts Mongols motorcycle club in racketeering trial
Wednesday, December 12, 2018
The state Supreme Court upheld Monday the legality of second meal break waivers for health care workers on 12-hour shifts in a ruling hinging on an issue that has since been legislated away.
The state Supreme Court upheld Monday the legality of second meal break waivers for health care workers on 12-hour shifts in a ruling hinging on an issue that has since been legislated away.
Friday, December 7, 2018
The most important goal for many of my clients is to retire on their terms
Wednesday, December 5, 2018
A Los Angeles political hopeful may continue his lawsuit against California's secretary of state for barring him from designating himself as a socialist on a recent ballot for a state Assembly seat, the 9th U.S. Circuit Court of Appeals has ruled.
A Los Angeles political hopeful may continue his lawsuit against California's secretary of state for barring him from designating himself as a socialist on a recent ballot for a state Assembly seat, the 9th U.S. Circuit Court of Appeals has ruled.
Monday, December 3, 2018
Many people think the American political system is "broken" — but what if that's not true? The authors of a recent Harvard Business School report say that the Republican and Democratic parties constitute a duopoly: a wildly successful industry that has colluded to kill off competition, stifle reform and drive the country apart.
Friday, November 30, 2018
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
Political conflicts are wars without guns, and ordinarily, they pit those of one political party against those of another.
Monday, November 26, 2018
As 2018 winds down, it's time to think about if and how you may be able to reduce the taxes owed on your next tax return.
Friday, November 16, 2018
Retirement brings the end of a chapter in your career and the start of a new lifestyle. This unique transition can bring a myriad of emotions, most commonly ones of excitement and apprehension.
Wednesday, November 7, 2018
Amnon Siegel, partner at Miller Barondess LLP, representing WindAirWest, was able to obtain the jury award Friday for the private charter and aircraft management company, even though it had yet to establish a track record of profitability.
Monday, October 29, 2018
According to the federal Equal Employment Opportunity Commission, sexual harassment claims have increased by more than 50 percent in fiscal year 2018. Increased awareness following the #MeToo movement, along with courts' and agencies' lower standards for what constitutes harassment, reinforce the urgency with which employers must implement effective anti-harassment policies and processes.
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.
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.
Wednesday, October 10, 2018
We don't know what we don't know.
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.
Wednesday, September 26, 2018
The Legislature gave Gov. Jerry Brown two opportunities to make it easier for young Californians to get the education they -- and we in the larger society -- need.
Friday, September 21, 2018
The pipeline of women qualified to serve on corporate boards is overflowing with talented, smart, well-educated candidates.
Let's face it -- summer can be expensive between vacations, home improvements, the cost of children's camps and dining out.
Wednesday, September 19, 2018
A Loyola Law School professor testified Monday that the estate plan at the center of a family's fraud lawsuit against Buchalter APC, was "certainly reasonable" and accomplished the financial and tax savings goals as intended.
Monday, September 17, 2018
A challenge every federal judge faces is deciding the appropriate punishment for a white-collar defendant.
Friday, September 14, 2018
No summary was provided
Wednesday, September 12, 2018
Both of California's U.S. senators, Dianne Feinstein and Kamala Harris, sit on the Senate Judiciary Committee, both played starring roles in last week's confirmation hearings for Supreme Court nominee Brett Kavanaugh, and both had personal political agendas.
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.
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.
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, know you are not alone. Breaking down your retirement savings into four distinct components can help take the uncertainty out of planning for your financial future.
Wednesday, August 22, 2018
The California Legislature generally abides by the aphorism, rooted in blacksmithing, to "strike while the iron is hot."
Monday, August 20, 2018
What does a beer company do to hedge against slowing growth in its main business? In the case of the parent company of Corona, the answer is to invest heavily in the marijuana industry.
Friday, August 17, 2018
Last month, the Internal Revenue Service issued proposed regulations describing the transition tax for controlled foreign corporations.
If you have concerns about the longevity of your savings, know there are steps you can take to help you feel more confident.
Wednesday, August 15, 2018
No summary was provided
The Wage and Hour Division of the Department of Labor issued its first significant guidance under the current administration related to independent contractor classification.
Monday, August 13, 2018
Is there room for a third party? If some independent mounted a presidential bid in 2020, would that person have a chance? Those are questions we won't be able to answer for a few years.
Friday, August 10, 2018
Educating your adult children on the importance of saving for retirement may be a bit challenging in the short run if they're not receptive to the message, but it may do them a world of good if they accept your advice.
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.
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.
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.
Wednesday, July 25, 2018
After months of legal maneuvering, plaintiff attorneys got the OK to resume the deposition of a principal engineer for Southern California Gas Co. about the largest gas leak in U.S. history.
Monday, July 23, 2018
No summary was provided
The owner of a defective 2005 F-350 Ford pickup truck has been awarded $2.8 million after a Riverside County jury ruled against Ford Motor Company over Lemon Law violations.
Friday, July 20, 2018
Creating a well-crafted financial plan will help you achieve your goals.
Wednesday, July 18, 2018
In June, several comments were submitted requesting delayed implementation of several Tax Cuts and Jobs Act provisions, and the U.S. Supreme Court overruled a long-standing physical presence sales tax requirements.
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.
Monday, July 16, 2018
No summary was provided
Wednesday, July 11, 2018
Supermajorities have been more about partisan bragging rights and media speculation than real tools for legislative action.
Friday, July 6, 2018
Today's housing market is creating more and more hurdles for homebuyers.
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
Monday, June 25, 2018
The key is to remain open to whichever process your client wishes to use.
Tim Draper's "Three Californias" measure qualified for this November's ballot, and it is a mortal threat to our state. We review the arguments one could use to stop this measure from appearing on the ballot.
An appellate court has affirmed the criminal conviction of a now-suspended Orange County attorney who was arrested in connection with an extortion plot against a client's purported ex-lover.
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.
Wednesday, June 20, 2018
I am honored to be spending the summer teaching American law in China. Perhaps the better word is "humbled."
Both Trump and Sessions see the separation of children from their parents as leverage in either keeping people from crossing the border with their families, or to force the Democrats to accept Trump's proposals. A
Politicians are misusing trailer bills, meant to implement the state budget, to enact far-reaching policies that have virtually nothing to do with the budget, and without any of the traditional safeguards, such as waiting periods and public hearings.
Monday, June 18, 2018
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
Wednesday, June 13, 2018
No summary was provided
Monday, June 11, 2018
The inclusion of junior associates in these of non-traditional assignments will allow them to acquire a holistic understanding of the practice of law and begin to learn the language of our clients.
How the JD-MD duo is the modern day Batman and Robin.
No summary was provided
Friday, June 8, 2018
Lawyers can't cite unpublished appellate opinions, except...
Aviation accidents spawn a defense to state law tort claims.
Recent changes in the tax landscape can have an impact on the way you give, and here are 4 outside of the box ways to donate.
Wednesday, June 6, 2018
Assembly Bill 2069 is the latest legislative effort to provide protections to employees who are medical marijuana cardholders.
Many proposals on this week's ballot will raise local taxes directly, or indirectly through issuance of bonds that would require higher property taxes to repay.
Just in time for June nuptials, the U.S. Supreme Court on Monday issued the long-awaited decision in Masterpiece Cakeshop.
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.
Patent owners may have finally caught a break with the U.S. Patent and Trademark Office's recent rules announcement that would change an often-criticized policy.
The recent decision of the FCC imperils much more than the music industry.
Friday, June 1, 2018
There are steps you can take to feel more financially confident regardless of your age and current health status.
The family of a well-known entertainment lawyer who was killed when a distracted sheriff's deputy ran into him has reached an $11.75 million settlement with Los Angeles County.
There are steps you can take to feel more financially confident regardless of your age and current health status.
Wednesday, May 30, 2018
Professional negligence claims are common against attorneys, doctors and accountants, but a technology company convinced an Eastern District of California jury to hold a software contractor liable for $16 million for attempting to hide its incompetence from the plaintiff during a botched rollout of a major upgrade to internal business software.
Friday, May 25, 2018
Consider the benefits of working another year or more before retirement.
Wednesday, May 23, 2018
Does using cheating software in a video game create an unauthorized "derivative work"?
Too often, political tactics are based on the cynical assumption that voters can be easily fooled and the current election season is, unfortunately, rife.
Monday, May 21, 2018
The failure to effectively communicate is often at the center of malpractice or disciplinary complaints.
In a recent case the 9th Circuit provided some guidance to practitioners of how to establish irreparable harm beyond mere evidence of likelihood of confusion, but dueling opinions suggest more may be yet to come.
Friday, May 18, 2018
Freelance professionals have unique opportunities and challenges when it comes to creating a viable path to financial security.
Wednesday, May 16, 2018
With a goal of fueling long-term private sector investment in low-income urban and rural communities, the Tax Cuts and Jobs Act includes a provision creating "Opportunity Zones."
The insurance industry has found it challenging to insure cyber data. Cryptocurrencies present even more challenges.
This month, Tesla released its 2018 first quarter financials, with horrid results. In the first three months of the year, Tesla managed to lose another $784 million.
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.
Monday, May 14, 2018
Why is the insurance commissioner sponsoring a bill that would make it easier for insurance companies to shortchange homeowners after mass disasters like the 2017 wildfires?
Even if a subpoenaing party has complied with the notice procedures, there may be other reasons that a CPA may not be able to produce records in response to a subpoena.
George Deukmejian, who quietly practiced law in Southern California after leaving the governorship in 1991, died last week at age 89.
No summary was provided
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.
Wednesday, May 9, 2018
California's economy has climbed in global rankings to 5th place behind only the United States as whole, China, Japan and Germany.
Here's one to check off your bucket list of ponderables: If you engage in an intentional act that results in an unintended accident, is it an really an accident?
Monday, May 7, 2018
In theory, millions of borrowers are eligible to have their debts forgiven after a decade of public-service work. In practice, the program has produced a litany of frustrations. But there is at least one person who has made the 120 qualifying payments and now has a zero balance as a result, thus joining a very small club of the forgiven.
An exploration of recent nonconsensual pornography cases reveals hurdles victims and advocates face in fighting back against this form of online harassment.
Policing reproduction recently took a frightening turn in Arizona where lawmakers have intervened in disputes involving cryopreserved embryos.
Comprehensive tax reform will require heavy political lifting.
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.
For numerous reasons, the court should affirm the physical presence rule of Quill and allow Congress to decide what new standard — if any — should govern use tax collection by remote sellers.
There are far too many examples of failed apologies and non-apologies, one response showcases just how removed from reality many executives can be when faced with serious criminal allegations.
Wednesday, May 2, 2018
Moderator Dawn Haghighi shares what's in store for the keynote fireside chat with Kathryn Ruemmler, White House counsel in the Obama Administration, at the Women Leadership in Law conference on May 2 in Beverly Hills.
The Supreme Court's holding that foreign corporations cannot be sued in U.S. courts for international-law violations absent authorization from Congress departed from the near-unanimous views of the lower courts.
Voters often make snap judgments based on ideological predispositions and unpredictable events that unfold during campaigns, what those in politics call "x-factors."
Monday, April 30, 2018
California labor laws generally discourage overtime work by requiring employers to pay a premium for extra work hours.
The death of far-reaching—even revolutionary—legislation to facilitate housing development crystallized a conflict that's been simmering in California for decades: Who controls land use?
A recent decision will likely instigate a sea change regarding how family law trials and motions are litigated.
In light of the recent tax overhaul, setting up a cooperative — mistakenly perceived to be the domain of farmers and workers' collectives — may provide a viable option for some business owners.
Attorney-client privilege is strong so clients will be forthcoming. But when it comes to taxes, lawyers and accountants are not the same.
Friday, April 27, 2018
Consider taking steps to prepare for potential changes in the investment environment that could be caused, in part, by inflation
Tariffs not only are a big stick good for shaking at partners, but also, as the stock market's dramatic reaction shows us, capable of great collateral damage.
Before this measure was passed, Los Angeles was the only major city in the U.S. with a strict prohibition on any type of street vending, and without any citywide licensing program for vendors.
A recent ruling follows California's fundamental precepts that the duty to defend is broad, exclusions are to be narrowly interpreted, and even a small portion of an otherwise excluded complaint can trigger the duty to defend.
These programs are helping create a generation of "social justice solos" while diversifying the legal profession.
Wednesday, April 25, 2018
Legislators failed to close a loophole that would have allowed various aides under them to unionize and more effectivley fight the various harassment scandals that plague the Capitol.
Monday, April 23, 2018
There's a mountain of evidence suggesting that the quality of our relationships has been in steady decline for decades. Over the past five years, loneliness, suicide rates and depression have abruptly gotten worse.
Although a busy time for individual tax filers, it's been a relatively quiet month in the exempt organizations legal space, though there were a few interesting developments.
Without adequate foresight, a client may find that control of the privilege is now in the hands of the successor corporation.
Friday, April 20, 2018
Women often face unique challenges when it comes to managing their finances. If you are a woman working to build your financial confidence today and tomorrow, understanding key challenges is the first step to overcoming them.
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.
Monday, April 16, 2018
The Supreme Court should grant certiorari in this case to correct the 9th Circuit's misapplication of the market participation doctrine and affirm that states and local governments may not substitute their judgment on labor policy for that of Congress.
Proposed revisions to the Rules of Court would modify the rules for attorneys in conservatorship proceedings.
Market volatility does not always mean you need to make changes to your portfolio. There are things you can do to prevent fear from getting the best of you.
Friday, April 13, 2018
Two new employment laws have expanded parental leave rights with the chance that the new regulations could expand compliance obligations.
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.
While parties generally understand the intent behind indemnity provisions, few understand how they are actually applied.
The U.S. Supreme Court will first review an act of President Donald Trump's leadership on April 25 in Trump v. Hawaii.
Friday, April 6, 2018
In the first civil action connected to Orange County's jailhouse informants controversy, the ACLU has sued the district attorney and sheriff.
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.
Dealers in California should think twice before assuming the Supreme Court's ruling in the final word. By Arthur Silbergeld. Page 4
There are a variety of ways grandparents can help their grandchildren financially in the pursuit of a college degree.
Wednesday, April 4, 2018
Sacramento is no stranger to protest marches and other forms of political expression. However, the city has never experienced anything as emotionally powerful as the almost daily marches and rallies to condemn the city police shooting death of 22-year-old Stephon Clark.
President Trump recently signed into law the Consolidated Appropriations Act, which includes a section on tipped employees that mirrors the proposed Tip Income Protection Act.
The Supreme Court decided a case on Monday that has played-out in a back-and-forth between the 9th Circuit and the high court over whether a Fair Labor Standards Act exemption covers service advisors.
Monday, April 2, 2018
If you want an interested judge, you need to be an attentive advocate.
I have read with interest, and a sense of bemusement, headlines about the 9th Circuit's decision in much-watched copyright infringement case.
As the U.S. Supreme Court ponders compelled payment of agency fees, labor unions prepare for the outcome.
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
Would today's voters be willing to make a major change in the state's iconic property-tax limitation? They may be given the opportunity in a proposed November ballot measure that would remove Proposition 13's limits from commercial properties such as retail stores, warehouses and factories, raising property taxes on them by $6 billion to $10 billion a year.
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.
Los Angeles residents will remember that in 2016, news agencies reported that anti-gentrification activists in the Latinx neighborhood of Boyle Heights held antic, and sometimes nerve-wracking, protests against art galleries.
Wednesday, March 28, 2018
Instead of the cakewalk Senate's Democratic leaders assumed when persuading Sen. Dianne Feinstein to run again, they find she is taking heavy fire from the left wing of her own party.
When she went to her UCLA chemistry lab on Oct. 8, 2009, Katherine Rosen didn't know her classmate was hearing voices in his head saying she and other UCLA women were ridiculing him, calling him stupid.
If a private landlord rented a commercial office space and the building was considered unfit to withstand an earthquake, we would call a government regulatory agency. But when the government is your landlord, who do you call?
Monday, March 26, 2018
The Southern District of New York disagreed a 9th Circuit about the so-called "server test."
One wishes that the elected district attorney of a county were not so politically motivated as to skirt the ethical rules and make these kinds of false accusations about a well-respected judge and Court of Appeal justices.
Friday, March 23, 2018
Franchisors must be mindful of their business practices to avoid being held liable for labor law violations committed by franchisees and contractors, and to avoid assuming new collective bargaining obligations.
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.
Monday, March 19, 2018
Throughout California, city governments are facing budget shortfalls as CalPERS cranks up mandatory contributions in a somewhat desperate effort to make the gigantic trust fund healthy enough to cover pension promises to millions of state and local government workers.
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
Donors to campaign groups don't always get what they want.
High-speed train system linking the northern and southern regions of the state looks like a solution in search of a problem, rather than a vital transportation system.
Switching employers can have a substantial impact on your financial life. Four tips to help keep your finances on track through the transition.
Wednesday, March 14, 2018
The California Supreme Court recently held that the act does apply to claims involving actual damages in newly constructed in residential housing.
Republicans are exploiting the Democratic Party's abject lack of discipline and gaming California's top-two primary system to potentially block Democratic challengers from reaching the November ballot.
The U.S. Supreme Court is expected to decide by June on a case brought by New Jersey seeking to overturn a federal ban on sports betting in all but four states (Delaware, Montana, Nevada and Oregon).
Monday, March 12, 2018
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.
Taxing motorists and spending the money on transportation improvements is the right thing to do. Claiming overblown economic benefits is the wrong thing to do.
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.
Hers has been a lifetime of firsts.
The California primary election takes place on June 5. The state's general election follows on Nov. 6. This includes the election of judges of the superior courts.
Friday, March 9, 2018
Capitalize on the benefits of having an ownership stake in your employer's firm while maintaining a well-diversified portfolio.
Though premised on violation of the state cannabis regulations, these claims will be actionable under state consumer protection laws.
Wednesday, March 7, 2018
Silicon Valley entrepreneur Vinod Khosla is taking his fight all the way to the Supreme Court.
California's commission process for redistricting isn't perfect, but it's one that other states should emulate.
Monday, March 5, 2018
President Donald Trump has announced potential tariffs on all steel and aluminum imports from every country around the world. Various European countries responded on Friday with threats of retaliation and many countries argue that such tariffs would end up harming both all parties rather than just helping the United States.
One conclusion is certain: The PAGA saga is far from over. Each new California or 9th Circuit case introduces another question about the interplay between arbitration agreements and PAGA claims.
The U.S. Supreme Courts is poised to answer a key antitrust issue in a case against American Express.
Friday, March 2, 2018
The fact that the IRS says crypto is property might prompt you to consider the concept of ownership. Wouldn't it be nice if some looming tax problem turned out not to be yours, but instead, was someone else's?
On Monday, the Northern District of California issued a ruling denying Facebook's motion to dismiss for lack of subject matter jurisdiction a biometric-privacy-based class action.
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.
Over a year ago, the 9th Circuit asked the state high court to clear up a question concerning third-party claims.
Up until 2017, the California Code of Civil Procedure was unclear as to how one was to calculate deadlines for amending pleadings without leave of court within the context of motions to strike.
Wednesday, February 28, 2018
A recent Delaware Supreme Court ruling grapples with due process concerns and demand futility.
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.
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.
"Nothing in [the] opinion prevents the agency from enumerating additional means of SEC reporting." Whether the agency will do so remains to be seen.
Friday, February 23, 2018
With market performance where it is, it may make sense to review your portfolio and determine if changes are appropriate.
The debate about the effectiveness of Jerry Brown's landmark overhaul of public school finance rages on, with the fates of millions of children and Brown's legacy hinging on the outcome.
Wednesday, February 21, 2018
The recently enacted Tax Cuts and Jobs Act institutes sweeping changes to the tax code on many levels, but one of the most significant adjustments is the new Code Section 199A
As trade among the U.S. and Latin American countries has increased, so has the need for effective anticorruption measures to ensure a level playing field when U.S. companies do business abroad.
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.
Over the years, my view of the usefulness of moot courts has evolved.
Friday, February 16, 2018
The most sweeping tax reform legislation in decades was enacted into law at the end of 2017. If you pay federal income taxes, you are likely to see an impact this year.
Many have criticized Proposition 57 as too vaguely drafted and too broad. Now, the CDCR must either rewrite the regulations or try to overturn a recent ruling by Sacramento County Superior Court Judge Allen Sumner.
"The only constant is change." Heraclitus may have been talking about life. But he might as well have been talking about the criminal law.
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.
Wednesday, February 14, 2018
Proposition 50, a constitutional amendment that voters approved in the June, 2016, primary election, empowers legislative houses, by a two-thirds vote, to suspend without pay, members who either face criminal charges or are deemed to have breached the public trust.
First, an ISP was held liable for not blocking a copyright infringer, and now a California federal court has issued an injunction against TickBox, which makes a device that allows users to stream pirated content.
With the confessional floodgates open, our current society has a renewed awareness of harassment likely unseen since Anita Hill famously testified at Justice Clarence Thomas's confirmation hearing.
Monday, February 12, 2018
California law is very specific about what is considered a violation and what would be preempted by federal law.
Foreign lawyers and foreign parties to international commercial agreements have largely bypassed California and have chosen to seat their arbitrations outside of California.
Americans all know that your signature is also called your John Hancock, after the patriot who signed the Declaration of Independence with the brio of a graffiti artist. But no one seems to appreciate that John neither taught handwriting or sold life insurance.
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.
The Feb. 3 event ostensibly pitted the "Patriots" against the "Chicanos." They were separated by the police-laden Logan Avenue divide.
Friday, February 9, 2018
While talking about the sensitive topic of your parents' long-term financial goals may seem uncomfortable, addressing it sooner rather than later can help eliminate challenges and uncertainty down the road.
Agencies are increasingly finding small errors in the reports and assessing significant penalties — they consider these paperwork errors as grave as harmful emissions and an affront to the integrity of the regulatory program.
Filing public nuisance suits against oil companies for making and distributing fossil fuels is not the right way to fashion intelligent environmental policy.
While establishing loss causation in securities fraud actions is not always factually simple, it is helpful to be reminded that it is just a proximate causation inquiry; nothing more.
Despite the fact these contracts end up in civil court when litigated, few civil attorneys, let alone family law attorneys, handle these cases or prepare non-marital cohabitation agreements.
Wednesday, February 7, 2018
It's hypocritical for the Legislature to exempt itself from the laws and procedures it imposes on others, as the firestorm over sexual harassment underscores. If would-be miscreants know that their behavior can be reported and revealed to the public, they'll be much less likely to do it.
With a history going back to 1790, it may come as a surprise to learn that the U.S. Supreme Court is about to decide for the first time, in the context of copyright litigation, what the word "registration" in the Copyright Act actually means.
A recent Federal Circuit opinion clarified the "reasonable certainty" standard for patent claim definiteness established by the U.S. Supreme Court in a 2014 ruling.
This should sound obvious. But litigation is complicated, and a win rarely emerges after a completely one-sided process.
Monday, February 5, 2018
Plaintiffs must show that the premises owner was aware of similar criminal activity at or near the location and this is often difficult to prove.
Associates serve two masters: Their "bosses" at their firms, and the Rules of Professional Conduct.
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.
It's high time that Jerry Brown, the bullet train board he appointed and other project advocates prove that there's a practical way to build the high-speed rail.
Wednesday, January 31, 2018
Lending convertible indebtedness is no longer an equity investment by another name. Convertible indebtedness is now, more and more, true commercial subordinated debt.
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.
Los Angeles and San Francisco are suddenly in the throes of turmoil as they search for new leaders.
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.
A system of voluntary mediator certification would benefit both the public and the profession.
The Tax Cuts and Jobs Act is anything but simplifying with respect to its international tax code provisions. Co
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