Orange County Reporter

GUEST COLUMNS

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.

How to avoid the next real estate downturn

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.

Investing in an opportunity zone? Find a fund manager you can trust

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.

Seven ways to clean your financial house this spring |Personal Economy | By Ryan Onishi

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."

SB 142: More lactation accommodations or just more litigation?

Proposed law may actually impede lactation accommodations for working mothers and promote litigation.

Trumpies rightfully reduced Oroville Dam aid

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.

This economist predicted the last crisis. What's the next one?

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.

Newsom housing plan may have fatal flaw

As California's housing shortage deepened in the last decade, Jerry Brown made only token efforts to address it.

A teacher's student loans were forgiven. Then FedLoan wrecked his credit.

When nine refund checks landed in his mailbox a few months ago, Jed Shafer figured he was finally done with his student loan.

Did Timbs set up constitutionality problems for PAGA?

California employers may have an arrow in their quiver to challenge the constitutionality of California's Private Attorneys General Act.

Step forward for animals in research: California restricts use of animals in cosmetics testing

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.

GOP dodges bullet, but faces tough future

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.

Think like a winner

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.

Developments in workplace drug testing

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.

Weak authority undermines Sacramento Mayor's agenda | By Dan Walters | CALmatters Commentary

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.

Taxing the wealthy sounds easy. It's not.

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.

Newsom raises the housing bar on himself

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.

Cost-shifting in mediation after Berkeley Cement ruling

A California jurist once wisely observed, "All too often attorney fees become the tail that wags the dog in litigation."

Securities year in review

And looking ahead to securities regulation priorities in 2019.

A question for retirees – rent or own your second home?

The dream scenario for many retirees is to have a second place to call home.

Kamala Harris grabs for the brass ring

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.

Brown leaves question of state tax reform to Newsom

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.

The morality of selfism

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!

LA street sellers outlawed no more

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.

Trade tensions and your portfolio: What you need to know

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.

Trump, Newsom share a similar problem

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."

This expert called the market plunge. Here's what he sees in 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.

Corporate governance best practices should begin well before an IPO

Last month the Delaware Court of Chancery issued an important decision denying a motion to dismiss derivative litigation.

Key issues relating to motions to disqualify

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.

Consumers have standing to challenge trademark registrations

The Trademark Trial and Appeals Board recently issued an interesting decision regarding standing to oppose the registration of trademark applications.

2019 shaping up as yet another big political year

Law students and professors have gone to Tijuana to advise asylum seekers on their options.

How to make mandatory training effective

This fall, the California legislature responded to the #MeToo movement in a significant way. One bill, SB 1343, affects nearly every employer in California.

What new water deals mean & what work is left to be done

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.

Realigning takings law in California

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?

Push back on Treasury nondisclosure rule and new parking tax guidance

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.

In-game "Carlton Dance" routine triggers lawsuit | Intellectual Property Perspectives

Actors gain notoriety for different reasons. For some it's due to a physical characteristic or an iconic character portrayal.

Recruiting diverse attorneys begins with building an inclusive law firm environment

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.

Military service doesn't automatically stay proceedings

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.

Jerry Brown redux: Could he have been president? | By Dan Walters | CALmatters Commentary

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.

Employee complaints of customer harassment

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.

6 Tips to strengthen your financial foundation in 2019 |Personal Economy | By Ryan Onishi

hance to set new goals. If your resolutions are money related, here are some ways to strengthen your financial foundation in 2019.

My turn: What approval ratings say about Jerry Brown's legacy

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.

Should California make it easier to practice law? By Dan Walters | CALmatters Commentary |

The law school's finances won't face scrutiny from Moody's because its bonds have been paid off.

Went to free dinner annuity pitch; salesman wasn't happy

Jury convicts Mongols motorcycle club in racketeering trial

The last time two Democratic governors exchanged power

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.

Harassment case tarnishes Sen. Kamala Harris | By Dan Walters | CALmatters Commentary

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.

5 Mistakes to avoid when planning for retirement |Personal Economy | By Ryan Onishi

The most important goal for many of my clients is to retire on their terms

My turn: California must keep its promise to our public servants

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.

Legislature, Newsom have an ambitious agenda | By Dan Walters | CALmatters Commentary

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.

Is the US a political duopoly?

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.

Single, divorced or widowed? Tips for managing finances |Personal Economy | By Ryan Onishi

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.

Democrats control California, but are fragmenting | By Dan Walters | CALmatters Commentary

Political conflicts are wars without guns, and ordinarily, they pit those of one political party against those of another.

New tax laws may change how you approach your 2018 tax return |Personal Economy | By Ryan Onishi

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.

Five Tips for Transitioning into Retirement |Personal Economy | By Ryan Onishi

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.

Jerry Brown a tax reformer? Who knew? | By Dan Walters | CALmatters Commentary

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.

Addressing harassment at work | Employers And The Law| | By Jennifer Brown Shaw |

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.

Returning to school as an adult? How to fund tuition |Personal Economy | By Ryan Onishi

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.

Locals seek new levies despite $4B property tax surge | By Dan Walters | CALmatters Commentary

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.

What's the political fallout from Kavanaugh battle? | By Dan Walters | CALmatters Commentary

We don't know what we don't know.

Is the government more entrepreneurial than you think?

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.

Six questions to help you make your open enrollment selections |Personal Economy | By Ryan Onishi

Each year, employers offer an open enrollment period — a window of time to select your benefits package for the coming year.

Brown OKs one good education bill, vetoes another | By Dan Walters | CALmatters Commentary

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.

Six ways to reprioritize your finances this fall |Personal Economy | By Ryan Onishi

Let's face it -- summer can be expensive between vacations, home improvements, the cost of children's camps and dining out.

Why more women aren't on corporate boards

The pipeline of women qualified to serve on corporate boards is overflowing with talented, smart, well-educated candidates.

Political expediency worsens long-term consequences | By Dan Walters | CALmatters Commentary

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.

The challenge of sentencing white-collar criminals

A challenge every federal judge faces is deciding the appropriate punishment for a white-collar defendant.

Tax Reform changes that may impact your small business

No summary was provided

Feinstein, Harris pursue agendas in Kavanaugh hearings | By Dan Walters | CALmatters Commentary

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.

All those smiling Scandinavians

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.

State's most interesting contest is over education | By Dan Walters | CALmatters Commentary

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.

How to Make the Most of Your Side Business |Personal Economy | By Ryan Onishi

It can be personally and financially rewarding to earn extra cash doing something you enjoy.

Rep. Hunter indicted, but still reelection favorite | By Dan Walters | CALmatters Commentary

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.

The man who decides how much a life is worth

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.

4 Steps to Help You Have a Confident Retirement |Personal Economy | By Ryan Onishi

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.

Is maturity finally taking root in Capitol? | By Dan Walters | CALmatters Commentary

The California Legislature generally abides by the aphorism, rooted in blacksmithing, to "strike while the iron is hot."

Why alcohol companies are betting on cannabis

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.

Making Your Money Last in Retirement |Personal Economy | By Ryan Onishi

If you have concerns about the longevity of your savings, know there are steps you can take to help you feel more confident.

New transition tax imposed for controlled foreign corporations

Last month, the Internal Revenue Service issued proposed regulations describing the transition tax for controlled foreign corporations.

DMV a hot mess, but politics block audit | By Dan Walters| CALmatters Commentary

No summary was provided

DOL provides the latest guidance on employee classification

The Wage and Hour Division of the Department of Labor issued its first significant guidance under the current administration related to independent contractor classification.

The third-party option

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.

Educating your adult children on the importance of saving for retirement |Personal Economy | By Ryan Onishi

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.

Big issues mean big trouble at end of legislative session | CALmatters Commentary | By Dan Walters

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.

As Google Maps renames neighborhoods, residents fume

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.

4 tips for combining finances with your partner |Personal Economy | By Ryan Onishi

No summary was provided

Big water moves mark Brown's final months | By Dan Walters | CALmatters Commentary

No summary was provided

People aren't dumb. The world is hard

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.

Big changes coming to state's vital community colleges

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.

Life insurance needs can change over time |Personal Economy | By Ryan Onishi

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.

Pension fund earnings up, but crushing debts remain | By Dan Walters | CALmatters Commentary

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.

2018 U.S. Supreme Court Roundup (Part 2) | Employers and the Law | By Jennifer Brown Shaw

No summary was provided

Ford to pay truck owner $2.8M over violating Lemon Law

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.

How a financial plan can help you achieve your bucket list |Personal Economy | By Ryan Onishi

Creating a well-crafted financial plan will help you achieve your goals.

Democratic left wing wants to jettison Sen. Feinstein | By Dan Walters | CALmatters Commentary

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.

Tax act pushback and high court state sales tax ruling

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.

Think positive, climb out of poverty? It just might work

No summary was provided

A supermajority that hinges on one seat | By Dan Walters | CALmatters Commentary

Supermajorities have been more about partisan bragging rights and media speculation than real tools for legislative action.

Tips for buying a house in today's competitive market |Personal Economy | By Ryan Onishi

Today's housing market is creating more and more hurdles for homebuyers.

Thanks for the opportunity. Can I quit now?

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?

What Should You Do with an Inheritance? Here's a 5-Step Plan |Personal Economy | By Ryan Onishi

No summary was provided

Financial world could take Hollywood's cue on inclusion

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.

California needs a lawyer

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.

Options for serious fee disputes: mediation, arbitration or litigation

The key is to remain open to whichever process your client wishes to use.

Planning for retirement when you don't have kids |Personal Economy | By Ryan Onishi

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.

Budget trailer bills have become Christmas trees | By Dan Walters | CALmatters Commentary

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.

Let's be clear about what family separation means

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

What I learned on summer vacation in Shenzhen, China

I am honored to be spending the summer teaching American law in China. Perhaps the better word is "humbled."

Pfizer gives and gives, and yet …

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.

Concerned About Healthcare Expenses in Retirement? How HSAs Can Help

No summary was provided

How would Gavin Newsom pay for his promises? | By Dan Walters | CALmatters Commentary

No summary was provided

VA hospitals and legal aid must team up to serve veterans

How the JD-MD duo is the modern day Batman and Robin.

Learn the language of clients: How to engage junior law firm associates both early and often

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.

Why cities can't stop poaching from one another

No summary was provided

Four innovative ways to boost the impact of your charitable giving

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.

Preemption takes off

Aviation accidents spawn a defense to state law tort claims.

Citing the Uncitable

Lawyers can't cite unpublished appellate opinions, except...

Local officials avoid 'p-word' as they push new taxes |By Dan Walters| CALmatters Commentary

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.

California's latest effort to accommodate marijuana at work

Assembly Bill 2069 is the latest legislative effort to provide protections to employees who are medical marijuana cardholders.

Kennedy cuts a narrow slice of cake

Just in time for June nuptials, the U.S. Supreme Court on Monday issued the long-awaited decision in Masterpiece Cakeshop.

Does doing good give you license to be bad?

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.

New rules and ruling may give patent owners new tools

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.

Why the repeal of net neutrality is a terrible idea

The recent decision of the FCC imperils much more than the music industry.

5 Ways to manage investors' top fear: Healthcare expenses |Personal Economy | By Ryan Onishi

There are steps you can take to feel more financially confident regardless of your age and current health status.

Seconds count when dealing with public relations disasters

There are steps you can take to feel more financially confident regardless of your age and current health status.

Phone records lead to settlement in death of entertainment lawyer

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.

Conservative Supreme Court helps blue California | By Dan Walters | CALmatters Commentary

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.

The value of working an extra year or two before retirement |Personal Economy | By Ryan Onishi

Consider the benefits of working another year or more before retirement.

Campaigns try to fool California voters | By Dan Walters | CALmatters Commentary

Too often, political tactics are based on the cynical assumption that voters can be easily fooled and the current election season is, unfortunately, rife.

Up, up, down, down left, right, left, right, B, A start: copyright lawsuit

Does using cheating software in a video game create an unauthorized "derivative work"?

Who pays? Joint employer liability | Employers and the Law | Jennifer Brown Shaw

Truly communicating with clients

The failure to effectively communicate is often at the center of malpractice or disciplinary complaints.

We haven't heard the last on trade dress precedent

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.

The freelancer's guide to financial security |Personal Economy | By Ryan Onishi

Freelance professionals have unique opportunities and challenges when it comes to creating a viable path to financial security.

Economic tool under new tax law could spur new development

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."

Tesla: a newcomer, a game changer... a financial disaster?

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.

Future of cryptocurrency insurance is tough to predict

The insurance industry has found it challenging to insure cyber data. Cryptocurrencies present even more challenges.

Jerry Brown once again shuns tax reform | By Dan Walters | CALmatters Commentary

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.

Casual office chatter gets a colleague in trouble

No summary was provided

Senate Bill is bad for homeowners affected by wildfires

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?

Need a CPA to produce records? Here's their rules

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.

Sometimes nice guys do finish first

George Deukmejian, who quietly practiced law in Southern California after leaving the governorship in 1991, died last week at age 89.

Putting cash to work may get more rewarding |Personal Economy | By Ryan Onishi

For many investors, cash helps protect a portion of income against market volatility and provides the ability to generate a competitive return.

California's economy now globe's 5th largest | By Dan Walters | CALmatters Commentary

California's economy has climbed in global rankings to 5th place behind only the United States as whole, China, Japan and Germany.

Can an intentional act really result in an accident

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?

Public Servants do get student loan forgiveness. Meet one of the first.

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.

Internet purchases spark fight over sales taxes

Comprehensive tax reform will require heavy political lifting.

Parental right to embryo law goes too far

Policing reproduction recently took a frightening turn in Arizona where lawmakers have intervened in disputes involving cryopreserved embryos.

Nonconsensual pornography case-by-case

An exploration of recent nonconsensual pornography cases reveals hurdles victims and advocates face in fighting back against this form of online harassment.

Sustainable investing: a way to align your values and your investments |Personal Economy | By Ryan Onishi

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.

Justice should keep use tax precedent

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.

Hierarchical organizations and sexual misconduct

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.

Women in the West Wing: Q&A with Kathryn Ruemmler

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.

Narrowing the judicial role in international law

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.

Political x-factors can cut both ways |By Dan Walters | CALmatters Commentary

Voters often make snap judgments based on ideological predispositions and unpredictable events that unfold during campaigns, what those in politics call "x-factors."

Calculating overtime with flat sum bonuses |Employers and the Law | Jennifer Brown Shaw

California labor laws generally discourage overtime work by requiring employers to pay a premium for extra work hours.

Who will control land use in California?

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?

With new tax law, there may be more co-ops in California's future

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.

A tsunami is coming to family law

A recent decision will likely instigate a sea change regarding how family law trials and motions are litigated.

Death, taxes and the attorney-client privilege

Attorney-client privilege is strong so clients will be forthcoming. But when it comes to taxes, lawyers and accountants are not the same.

If inflation returns, are you ready? |Personal Economy | By Ryan Onishi

Consider taking steps to prepare for potential changes in the investment environment that could be caused, in part, by inflation

Legal incubators can help bridge the justice gap

These programs are helping create a generation of "social justice solos" while diversifying the legal profession.

The right tool for trade relations

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.

9th Circuit confirms that insurers bear heavy burden to avoid defense duty

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.

Los Angeles can finally begin licensing sidewalk vending

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.

Legislature's hypocrisy prevails as bill dies | CALmatters Commentary | By Dan Walters

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.

David Brooks

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.

IRS updates and a possible single portal for state registration

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.

Consider how to address pre-merger communications

Without adequate foresight, a client may find that control of the privilege is now in the hands of the successor corporation.

How women can overcome four financial challenges |Personal Economy | By Ryan Onishi

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.

'Job killer' list frames annual battle | By Dan Walters | CALmatters Commentary

The California Chamber of Commerce published its annual "job killer" list of bills it wanted to block. 24 bills made the list.

3 Steps to handle market volatility as you approach retirement |Personal Economy | By Ryan Onishi

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.

More training needed for conservatorship attorneys

Proposed revisions to the Rules of Court would modify the rules for attorneys in conservatorship proceedings.

Justices should take LAX labor case

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.

FEHC proposes new workplace regulations

Two new employment laws have expanded parental leave rights with the chance that the new regulations could expand compliance obligations.

Bullet train colliding with reality | By Dan Walters | CALmatters Commentary

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.

Our Constitution empowers the Supreme Court to yell stop

The U.S. Supreme Court will first review an act of President Donald Trump's leadership on April 25 in Trump v. Hawaii.

A win for broad indemnity (and defense) provisions

While parties generally understand the intent behind indemnity provisions, few understand how they are actually applied.

Helping grandkids save for college |Personal Economy | By Ryan Onishi

There are a variety of ways grandparents can help their grandchildren financially in the pursuit of a college degree.

Politics may defeat common sense on bonds

In the first civil action connected to Orange County's jailhouse informants controversy, the ACLU has sued the district attorney and sheriff.

Inclusion riders: Hollywood cause of the day or here to say?

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.

Be cautious in response to service advisor ruling

Dealers in California should think twice before assuming the Supreme Court's ruling in the final word. By Arthur Silbergeld. Page 4

Will anyone be accountable for Stephon Clark's death? | CALmatters Commentary | By Dan Walters

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.

Spending bill creates compromise on tip pooling rules

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.

Service advisors exempt from overtime rules

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.

Preparing for worksite inspections | Employers and the Law | By Jennifer Brown Shaw

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.

'Blurred Lines' decision was not at all shocking

I have read with interest, and a sense of bemusement, headlines about the 9th Circuit's decision in much-watched copyright infringement case.

How lawyers can better engage the bench in e-discovery

If you want an interested judge, you need to be an attentive advocate.

California unions bracing for impact of high court decision

As the U.S. Supreme Court ponders compelled payment of agency fees, labor unions prepare for the outcome.

7 Ways to save for retirement if you divorce later in life |Personal Economy | By Ryan Onishi

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.

Would today's California voters change Proposition 13? By Dan Walters | CALmatters Commentary

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.

Takeaways from California land use conference

Argent Communications Group held its Fourth Annual Conference on California Land Use Law and Policy on March 5 in Los Angeles.

The takings clause of Boyle Heights

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.

Feinstein leads in Senate race but is dodging bullets from the left | By Dan Walters | CALmatters Commentary

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.

New ground for California college students

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.

Dangerous courthouses put employees at risk

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?

Ruling may lead to split on infringement by tweet

The Southern District of New York disagreed a 9th Circuit about the so-called "server test."

Elected DAs shouldn't be politically motivated

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.

Joint-employer standard left unsettled after ruling vacated

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.

Daisuke Wakabayashi

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.

New whistleblower protections for employees of the legislature | Employment Law | By D. Gregory Valenza

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.

How pension costs clobbered one small city

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.

Changing jobs? 4 tips to keep your financial life on track |Personal Economy | By Ryan Onishi

Switching employers can have a substantial impact on your financial life. Four tips to help keep your finances on track through the transition.

Is it still a 'train to nowhere?'

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.

Who paid for ad attacking Gavin Newsom? A most unlikely source

Donors to campaign groups don't always get what they want.

Democrats allow GOP to game top-two primary By Dan Walters | CALmatters Commentary

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.

Despite loss in Right to Repair Act ruling, homeowners have options

The California Supreme Court recently held that the act does apply to claims involving actual damages in newly constructed in residential housing.

Looming ruling in sports betting case will have a big impact on business

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).

What can Uber teach us about the gender pay gap?

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.

Road taxes needed, but benefits claim overblown

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.

Ethical considerations for candidates for judicial office

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.

Sitting with Sri Lankan high court Justice Shiranee Tilakawardane

Hers has been a lifetime of firsts.

Protecting client info in the age of law firm breaches

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.

Capitalizing on employee stock options |Personal Economy | By Ryan Onishi

Capitalize on the benefits of having an ownership stake in your employer's firm while maintaining a well-diversified portfolio.

Expect wave of cannabis false advertising, unfair competition claims

Though premised on violation of the state cannabis regulations, these claims will be actionable under state consumer protection laws.

Billionaire vs surfers case may go to high court

Silicon Valley entrepreneur Vinod Khosla is taking his fight all the way to the Supreme Court.

Redistricting did help Democrats, but it was fair | CALmatters Commentary | By Dan Walters

California's commission process for redistricting isn't perfect, but it's one that other states should emulate.

Nations threaten retaliation for Trump's steel tariffs plan

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.

The continuing saga of PAGA

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.

Sorry, we don't take American Express

The U.S. Supreme Courts is poised to answer a key antitrust issue in a case against American Express.

When life events affect your benefits |Personal Economy | By Ryan Onishi

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.

Motions to strike added to CCP Section 472 in 2018

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.

High court finally set to weigh 'occurrence' in a CGL policy

Over a year ago, the 9th Circuit asked the state high court to clear up a question concerning third-party claims.

Facebook ruling may encourage biometric-privacy actions

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.

At tax time, who actually owns that crypto?

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?

Democratic convention shows disconnect with voters | By Dan Walters | CALmatters Commentary

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.

Ruling provides guidance on demand futility

A recent Delaware Supreme Court ruling grapples with due process concerns and demand futility.

Indra Nooyi on making PepsiCo 'good for you'

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.

The impact of Digital Realty

"Nothing in [the] opinion prevents the agency from enumerating additional means of SEC reporting." Whether the agency will do so remains to be seen.

Is your portfolio telling you to make a change? |Personal Economy | By Ryan Onishi

With market performance where it is, it may make sense to review your portfolio and determine if changes are appropriate.

Is Brown's school finance reform paying off?

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.

California's public pension crisis in a nutshell | CALmatters Commentary | By Dan Walters

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.

Latin America's wave of anticorruption laws

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.

What you need to know about the new pass-through deduction

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

On Moot Court

Over the years, my view of the usefulness of moot courts has evolved.

Five ways the new tax law may impact you | Personal Economy | By Ryan Onishi

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.

Brown's parole measure hits big legal snag

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.

A penny for your thoughts

"The only constant is change." Heraclitus may have been talking about life. But he might as well have been talking about the criminal law.

Federal Circuit illuminates two-prong direct infringement test

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.

Capitol harassment cases handled inconsistently | By Dan Walters | CALmatters Commentary

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.

2018 starting of great for anti-piracy advocates

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.

Workplace romance in the age of #metoo

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.

Where do the best CEO's come from? | Freakonomics | By Stephen J. Dubner and Steven D. Levitt

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.

John Adams: John Hancock's very own consiglieri

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.

California is missing out on international arbitration business

Foreign lawyers and foreign parties to international commercial agreements have largely bypassed California and have chosen to seat their arbitrations outside of California.

Is it a right of publicity violation or copyright infringement?

California law is very specific about what is considered a violation and what would be preempted by federal law.

Lessons learned from the Patriotic Picnic in San Diego

The Feb. 3 event ostensibly pitted the "Patriots" against the "Chicanos." They were separated by the police-laden Logan Avenue divide.

4 financial questions to ask your parents | Personal Economy | By Ryan Onishi

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.

Why aren't more law firms willing to handle non-marital cohabitation agreements?

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.

Beware climate policy shaped through lawsuits

Filing public nuisance suits against oil companies for making and distributing fossil fuels is not the right way to fashion intelligent environmental policy.

As reporting regulations proliferate, so does risk to industry

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.

9th Circuit decision clarifies securities fraud loss causation rule

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.

Sex harassment document dump isn't enough | CALmatters Commentary | By Dan Walters

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.

What does it mean to register a copyright?

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.

Appeals are for losers

This should sound obvious. But litigation is complicated, and a win rarely emerges after a completely one-sided process.

The evolving standard for patent claim definiteness

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.

On the way out, reputation protection | The Workologist | By Rob Walker

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.

Who can be held liable in the age of mass shootings?

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.

Law firm associates have obligations, too

Associates serve two masters: Their "bosses" at their firms, and the Rules of Professional Conduct.

Does your portfolio have room for both active and passive investing? | Personal Economy | By Ryan Onishi

It may make sense to use both active and passive investments to effectively build and manage a diversified portfolio.

Bullet train finances need a vigorous test

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.

Los Angeles, San Francisco in political turmoil | CALmatters Commentary | By Dan Walters

Los Angeles and San Francisco are suddenly in the throes of turmoil as they search for new leaders.

Mitigating the new limit on home property tax deductions

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.

Convertible lenders need to stay up with debt market trends

Lending convertible indebtedness is no longer an equity investment by another name. Convertible indebtedness is now, more and more, true commercial subordinated debt.

Copyright infringement and third party software support |Intellectual Property Perspectives| By James Kachmar

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.

Foreign tax reform changes under new tax law

The Tax Cuts and Jobs Act is anything but simplifying with respect to its international tax code provisions. Co

The dawning of California mediator certification

A system of voluntary mediator certification would benefit both the public and the profession.

What will you do with your tax refund? |Personal Economy | By Ryan Onishi

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.

Ruling shows breadth of an insurer's duty to defend third-party claims

The 9th Circuit decision underscores the breadth of an insurer's duty to defend third-party claims in California — and the often-overlooked potential for coverage for so-called "wage and hour" claims under employment practices liability policies.

Sex work ruling isn't the end of the line

The Constitution protects an adult's personal decision to engage in intimate, sexual activity with another adult, whether the intimacy is built on love or done in exchange for money.

Employer rights in the age of legal cannabis

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?

New trucking regulations are good for personal injury lawyers

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.

Supreme Court case threatens union political power | By Dan Walters | CALmatters Commentary

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.

Tax Court considers the deductibility of family business expenses

Under the Tax Cuts and Job Act enacted last month, the ability to make miscellaneous itemized deductions — including for management fees for private investment funds — has been eliminated.

Appellate courts issue significant insurance decisions

In 2017, California appellate courts issued several insurance-related decisions. Three are of particular significance.

How democracies perish | Democracy | By David Brooks

Everybody agrees society is in a bad way, but what exactly is the main cause? It could be the failure of liberal democracy.

Should Legislature's employees be unionized?

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.

Maintaining financial stability after a job loss |Personal Economy | By Ryan Onishi

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.

Brown relents a little on school accountability

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.

Pregnancy clinic case should be easy decision

Merely requiring clinics to post a notice informing women of the availability of free or low-cost reproductive health care services does not violate the First Amendment.

Environmental court battles take a backseat

The Trump administration's first year was filled with controversy. But it was also a truly momentous year for the environment and environmental law, especially with respect to climate change.

Justices weigh overtime rules

The nation's highest court heard oral argument for its second review of a case that arises over a specific and narrow job classification under the Fair Labor Standards Act, but the decision may send a broader signal as to whether the Trump administration and the new conservative-leaning Supreme Court will follow prior doctrine of construing federal overtime exemptions narrowly against employers.

Brown concerned about killing California's golden geese |By Dan Walters| CALmatters Commentary

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.

Consider these steps before buying a business |Personal Economy | By Ryan Onishi

Purchasing a business comes with numerous financial considerations. There are steps to consider before signing on the dotted line.

Foolish to remove commercial properties from Prop 13

A desire for comfort, both physical and mental, has fueled the growth of women's-only co-working spaces — some highly branded and with significant membership fees.

Potential impact of tax reform on commercial real estate

A desire for comfort, both physical and mental, has fueled the growth of women's-only co-working spaces — some highly branded and with significant membership fees.

A lesson on the possibility of coverage existing

A desire for comfort, both physical and mental, has fueled the growth of women's-only co-working spaces — some highly branded and with significant membership fees.

Who will have to pay for your #MeToo experience?

A desire for comfort, both physical and mental, has fueled the growth of women's-only co-working spaces — some highly branded and with significant membership fees.

Dem vs. Dem contests more likely | By Dan Walters | CALmatters Commentary

No summary was provided

Cars are set to electrify at CES in Vegas

Veteran in-house attorney Arnold A. Pinkston takes the reins of CoreLogic's legal team.

Cannabis traps for the unwary

Veteran in-house attorney Arnold A. Pinkston takes the reins of CoreLogic's legal team.

States are fighting tax reform

Veteran in-house attorney Arnold A. Pinkston takes the reins of CoreLogic's legal team.

The First Amendment protects the registrability of the f-word

Trademarks deemed vulgar are still protected by the First Amendment. | Intellectual Property Perspectives | By Josh Escovedo

Tax law will add complications to child support disputes