GUEST COLUMNS
Tuesday, March 31, 2020
Many lawyers do not become familiar with their firm's lawyer professional liability, or LPL, insurance policies until it is too late.
In his State of the State address, Gov. Gavin Newsom called homelessness "the most pernicious crisis in our midst, the ultimate manifestation of poverty, screaming for our attention."
One of the most important decisions facing Californians this November is whether to make any changes to Proposition 13. While voters continue to give Proposition 13 an overwhelming nearly two-thirds approval rating, there are serious questions about whether the tax cap still accomplishes more good than harm.
While we are undergoing an unprecedented a time in all of our lives, legal recruiters are as active as ever in their continued work with clients and candidates in their deals.
Many California employers have temporarily curtailed or even closed operations as a result of the COVID-19 crisis. Even temporary layoffs may require employers to distribute notices under federal or California laws known as "WARN Acts."
California has set ambitious goals to fight climate change by reducing greenhouse gas emissions from the electricity sector. But, as the old saying goes, a goal without a plan is just a wish.
If there was ever a time for reasoned and clear-eyed leadership, it's now. The coronavirus pandemic is a public health crisis that's spawned a global economic crisis. Schools and businesses are closed. Jobs are being lost. Retirement savings have been decimated. Citizens are being told to shelter in place. Our health care system is being stressed and providers are sounding alarms about equipment and facilities shortages. Dysfunction in Washington only makes things worse.
Monday, March 30, 2020
When the warm weather finally hits, most of us get bit by the spring-cleaning bug. Our to-do lists often include cleaning out our garages, basements and closets. But this year, it might be time to add another section to the list: finances.
As the coronavirus pandemic was clobbering California — and the rest of the known world — this month, local government officials in Sacramento County enthusiastically decided to ask voters to approve a hefty sales tax increase for transportation improvements.
Friday, March 27, 2020
The Supreme Court of the United States has held that the state government is free to infringe copyrights without fear of retribution.
When Venice Family Clinic opened its doors 50 years ago, two volunteer physicians provided free medical care after hours in a dental clinic. They served about a dozen patients that first day.
Wednesday, March 25, 2020
If you're involved in a high-profile dispute, you should actually read your legal filings before they're filed. Otherwise chaos might ensue. That was the lesson learned from a controversial recent filing in the long-running equal pay dispute between U.S. Soccer and the U.S. Women's National Team.
As fate would have it, California's coronavirus battle flag was hoisted just as CalMatters was vacating its temporary offices and moving into permanent new quarters near the Capitol.
I'm an old-timer, so I tend to focus on research methods I used before internet searches became common practice. Here's a conversation I recently had with one of my young associates.
On March 9, the en banc 9th U.S. Circuit Court of Appeals issued a decision to not re-hear the Skidmore v. Led Zeppelin case regarding the band's wildly famous rock epic, "Stairway to Heaven." The 9th Circuit sided with Led Zeppelin in this decision, which will likely be the end to the closely watched case.
Wednesday, March 18, 2020
Throughout California, local government and school officials have been stunned by voters' reluctance this month to approve new taxes and bonds.
This is what it looks like when a crisis of leadership makes its way into our health and our homes, when lack of prudence induces panic, when the president himself cannot be trusted.
Friday, March 13, 2020
As the stock market tumbled and oil prices collapsed on Monday, Gov. Gavin Newsom's top economic officials sought to project calm from the world's fifth-largest economy in the wake of the coronavirus pandemic and a Russia-Saudi Arabia oil price war.
The U.S. Supreme Court recently struck down a federal common law interpretation of tax allocation agreements and further cautioned federal courts about federal common lawmaking.
The New York Times reported that former Vice President Joe Biden's tax proposals include one under which "People would have to pay income taxes on unrealized gains at death. That would change current law, which exempts those gains and imposes taxes only on the difference between the value at death and the value when later sold by heirs."
On March 6, 2020, a Central District Court in UPL NA Inc. f/k/a United Phosphorous, Inc. v. Tide International (USA), Inc. et al, 8-19-cv-01201 (CDCA 2020-03-06, Order) (Ronald S.W. Lew), issued an order that may become more common place across courts. At the request of the parties, the Court issued a temporary stay of all discovery in the action because of the threat posed by the Coronavirus.
Tuesday, March 3, 2020
A three-day planned power shutdown this past fall was too much for owner Simon Olney of Ol' Republic Roadhouse, a popular Nevada City restaurant.
Three years with Donald Trump in the White House have been as horrific as we imagined they could be.
Employers must compensate employees for the time they spend waiting for management to inspect personal property before they leave work.
Monday, March 2, 2020
On a recent afternoon, more than a dozen California lawmakers gathered to discuss thorny issues impacting a state that is the cradle of technological innovation — but also suffering from wildfires, aging infrastructure, and vast economic inequality.
If you have a pet, you know the costs of keeping them healthy can add up quickly. From annual vet visits, to medication to special diets, pet ownership often includes a variety of expenses. Plus, you never know when they may need emergency care, surgery, or other expensive treatment.
Friday, February 28, 2020
Rule number one for property owners and their counsel in physical takings cases is that the one thing you do not want to hear from the judge, either orally or in writing, is the phrase "act of God." It is a sure sign that the case is going against you.
It has become commonplace for companies such as Google to use local servers to provide faster service to customers. This practice has raised the question as to whether those local servers constitute "a regular and established place of business" for the purposes of establishing venue in patent infringement suits in the districts where the servers are located.
At a time when rural schools all over California struggle to keep students in school, a three-year-old experiment in the southern Fresno County community of Parlier is showing some interesting results.
Thursday, February 27, 2020
Gov. Gavin Newsom devoted most of his State of the State address this month to California's ever-growing crisis of homelessness, outlining a broad new approach and pledging that he will make it work.
Every time Salinas third-grade teacher Maria Castellanoz gets a whiff of kerosene, it takes her right back to her childhood in a migrant labor camp.
In 1999, the state of California was in shock: baffling even the most seasoned of authorities, autism cases in the developmental services system had spiked from about 4,000 in 1987 to about 13,000 cases in 1998.
Tuesday, February 25, 2020
The California Legislature's Latino Caucus recently circulated a memo offering a potential perk for members: A trip to Cuba to learn about "culture, history and possibly government structure and policy making." The caucus' nonprofit foundation, the memo said, would help pick up the tab.
The more or less official rationale offered by the state's Democratic politicians for moving our presidential primary election to March 3 was that the nation's most populous and diverse state should play a major role in choosing a challenger to President Donald Trump and compel candidates to pay attention to our issues.
Monday, February 24, 2020
No one can predict the future, but one thing is for sure: If we leave unanswered questions about how to handle our affairs after we pass, life for our loved ones could become much more difficult.
Nurse practitioner Surani Hayre-Kwan sees long-time patients and first-timers. She manages chronic illnesses, diagnoses kids with colds and refers people to specialists.
Nonpartisan policy analysts took aim at Gov. Gavin Newsom's proposal to use $1 billion in state funds to seed innovative climate change efforts, questioning the state's ability to even identify the right projects.
Friday, February 21, 2020
Two years after it was widely documented that cellular carriers were selling highly precise customer location data to third parties to use as they pleased, Chairman Ajit Pai has concluded that some unnamed carriers maybe sort of might have broken the law by selling that data without customer knowledge or consent.
If you are about to sell stock, your cash of bitcoin, your out of state real estate holdings, or settle a career lawsuit, you might want to move first.
There are a number of requirements that must be met for an invention to be patentable.
Jennifer Jennings dons a veritable uniform these days. Whether she's picking up groceries, cruising through a fast-food drive-thru or headed to the carwash, she's always sporting Bernie-wear — sweatshirts, t-shirts, whatever.
More than two centuries of independence at the U.S. Department of Justice were upended last week when political appointees, presumably at the behest of the executive branch, moved to overturn the sentencing recommendation for political operative and presidential friend Roger Stone.
Wednesday, February 19, 2020
Justices weighed in on a major Apple, Inc. labor dispute at the request of the 9th U.S. Circuit Court of Appeals
No summary was provided
In a noteworthy victory for defendants sued for patent infringment, a federal appellate panel ruled Alphabet Inc.-owned Google LLC could not be sued in the Eastern District of Texas merely because it had servers in the district and served consumers there.
Somewhere along the way, California's public schools became enamored with the notion that all students will — or at least should — acquire degrees from four-year colleges.
Almost everybody admires the Nordic model. Countries like Sweden, Denmark, Norway and Finland have high economic productivity, high social equality, high social trust and high levels of personal happiness.
In a rare inter-governmental squabble at the 9th U.S. Circuit Court of Appeals on Thursday, the Department of Justice said the Federal Trade Commission's antitrust trial victory over Qualcomm will threaten national security by weakening the United States' ability to beat China in the race to 5G technology.
Monday, January 13, 2020
The U.S. Supreme Court is once again being asked to determine the fate of the Patient Protection and Affordable Care Act.
The start of the new year is a great time to focus on your finances and put them into perspective.
Friday, January 10, 2020
To use a textbook or other reference to challenge the validity of a patent in a petition for inter partes review ("IPR"), the textbook must have been "publicly accessible" prior to the date of the challenged patent to qualify as a printed publication.
Monday, January 6, 2020
The U.S. Court of Appeals for the Federal Circuit has upended divided patent infringement.
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.
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.
Friday, January 3, 2020
Would you be willing to delay your retirement to help your child pay for their first car, college education or wedding? Increasingly a lot of Americans say the answer is yes. According to a recent study publish by Ameriprise Financial, 1 in 3 parents say they have delayed or are willing to delay their retirement to help pay for their children's college education.
Thursday, January 2, 2020
In the early 2000's, an all-girl band called 3LW performed a song called "Playas Gon' Play," which was written by Sean Hall and Nathan Butler. "Playas Gon' Play" was initially released in May, 2001 and rose to number 81 on the Billboard's Hot 100 chart.
Tuesday, December 31, 2019
Climate change is upending life around the world. Flooding, fires, and freezes, droughts, tornadoes, and disasters once thought to be extraordinary seem to have become commonplace.
Monday, December 30, 2019
Fifty years ago, President Lyndon B. Johnson signed the federal Fair Housing Act with the goal to "guarantee a basic American right — the right of a man to secure a home for his family regardless of the color of his skin." In 2020, that guarantee remains unfulfilled, and it faces serious attack from President Trump's administration.
Thursday, December 26, 2019
The IRS is aware that millions of cryptocurrency transactions may still remain unreported. Taxpayers may think they will not be caught, but many Coinbase users may have thought their information would be protected until the John Doe summons proved otherwise. The best way to avoid penalties is to disclose and report as accurately as you can, showing that you did not have a willful intent to avoid taxes.
Earlier this year, California enacted a law granting family law judges the authority to decide unresolved issues about pets in a divorce.
The IRS is aware that millions of cryptocurrency transactions may still remain unreported. Taxpayers may think they will not be caught, but many Coinbase users may have thought their information would be protected until the John Doe summons proved otherwise. The best way to avoid penalties is to disclose and report as accurately as you can, showing that you did not have a willful intent to avoid taxes.
Earlier this year, California enacted a law granting family law judges the authority to decide unresolved issues about pets in a divorce.
Monday, December 23, 2019
Two current federal cases highlight a growing controversy in class action disputes
Wednesday, December 18, 2019
The Commerce Department will announce the latest GDP numbers Friday, and they will probably be solid. The economy seems to be growing at an annual rate of about 2%, which is not bad for the 11th year of an expansion.
Friday, December 13, 2019
One of the most common forms of relief sought in trade secret litigation is an injunction preventing the defendants from using or disclosing the plaintiff's trade secret information.
Thursday, December 12, 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 11, 2019
California's wildfires have grown so costly and damaging that insurance companies have increasingly been canceling people's policies in fire-prone parts of the state.
Friday, December 6, 2019
The priority date of a patent is an important aspect in protecting intellectual property. The priority date is the earliest possible filing date that a patent application is entitled to rely on; it is based on the filing dates of any related patent applications that were filed before the application (the priority chain).
Thursday, December 5, 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.
Wednesday, December 4, 2019
WASHINGTON — House Democrats return to Washington Monday facing a difficult choice: Should they hand President Donald Trump a victory in the midst of a heated impeachment battle or walk away from one of the most progressive trade pacts ever negotiated by either party?
Tuesday, December 3, 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.
Monday, December 2, 2019
In many ways, 2019 has been a miserable year for the world economy, with trade wars, geopolitical instability and slowing growth. Yet global investors in fact have much to celebrate this year — no matter where they invested their money.
Friday, November 29, 2019
How confident are you about the insurance strategies you have in place to protect against an unexpected turn in your life? Do you feel like you have a clear handle on how to manage your insurance needs effectively?
Thursday, November 21, 2019
Remember the children's fable about the wolf who was attempting to capture and consume the three little pigs?
Wednesday, November 20, 2019
Two years ago, with teachers in Sacramento's school district on the verge of striking, the city's mayor stepped in to mediate a compromise contract.
Monday, November 18, 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:
Friday, November 15, 2019
Virginia Vallejo, a well known Colombian journalist and media personality, authored the memoir "Loving Pablo, Hating Escobar". The book is a factual account of her romantic relationship with Pablo Escobar and a chronicle of the rise of the Colombian drug cartel.
Thursday, November 14, 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 13, 2019
The Kincade fire ravaged a part of California that has been hit repeatedly by devastating blazes: Wine Country. Eric Asimov, who writes about wine for The New York Times, recently published a four-part series on how the wine world is adapting.
Tuesday, November 12, 2019
Is your son or daughter heading to college? If the answer is yes, it's an exciting moment in your child's life. But, financially, it can also be a paralyzing time if they do not have a principled approach for managing money. Out on their own for the first time, your child has an opportunity to sharpen their financial skills for the future, but they are vulnerable to mistakes. Thankfully, regular chats about money can help get them on the right path. Here are some suggested financial topics to cover with your college-aged child:
Friday, November 8, 2019
In Arthrex Inc. v. Smith & Nephew Inc. et al., case number 18-2140, the U.S. Court of Appeals for the Federal Circuit recently considered whether the appointment of the Board's Administrative Patent Judges ("APJs") by the Secretary of Commerce, as currently set forth in Title 35, violates the Appointments Clause of the U.S. Constitution.
Thursday, November 7, 2019
Having declared "I own it," Gov. Gavin Newsom is stepping up his personal involvement and political investment in the disaster-tinged bankruptcy of Pacific Gas and Electric Co., wagering his still-new governorship on reforming — or dissolving — the nation's largest investor-owned utility.
Wednesday, November 6, 2019
For years, I struggled against having all my teeth replaced with dentures. The eventual outcome, however, was dictated by toothaches and swollen gums. The dentist convinced me to go through with it with promises of vanity and better health.
Tuesday, November 5, 2019
I guess it should be no surprise that the same week Gov. Gavin Newsom signed a bill into law that allows California residents to eat like a Third World country (you're now legally allowed to eat road kill), that they should be forced to live like Third World refugees.
Monday, November 4, 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.
Friday, November 1, 2019
Should a company be required to license its patents to a competitor? That's one question that arises when intellectual property law and antitrust law intersect.
Thursday, October 31, 2019
The careers of political executives — presidents, governors and big-city mayors — are often defined, fairly or not, by how they respond to crises.
Wednesday, October 30, 2019
America is a society that relies heavily on tipping. Tipping allows us to reward excellent service. However, research shows that the amount of a tip is rarely related to the quality of the service. What matters most is the size of the check. If you want bigger tips, induce your customers to order more.
Monday, October 28, 2019
Three 9th U.S. Circuit Court of Appeals judges repeatedly questioned the purpose of an argument session Wednesday over a criminal contempt conviction attorneys agreed had been rendered moot by a presidential pardon.
Friday, October 25, 2019
Before 1995, the term of a U.S. utility patent was 17 years from the day the patent issued. In 1994, the federal statutes were changed to make the patent term 20 years from the effective filing date of the patent application. This change was part of the Uruguay Round Agreements Act and was intended to make U.S. patents comparable to foreign patents, which, in most countries, expire 20 years from their filing dates.
Thursday, October 24, 2019
Gavin Newsom has a transportation problem — not personally, but politically.
Wednesday, October 23, 2019
This article is Part 2 of a two-part series providing an overview of recent California Supreme Court decisions in employment law.
Tuesday, October 22, 2019
Californians often cite homelessness as the top issue facing their state.
Monday, October 21, 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.
Wednesday, October 9, 2019
SAN FRANCISCO — After a succession of devastating wildfires in the last four years, tens of thousands of Californians — many with broken spirits, many homeless — may now lose out on compensation from the company that was to blame.
Monday, October 7, 2019
Currently trending in the media is the concept of an incredibly early retirement, called the FIRE (financial independence, retire early) movement. News outlets are printing stories of people successfully retiring in their 50s, 40s and even 30s. If you are intrigued by the idea of retiring early, you are probably wondering if moving your retirement date forward is something within your reach.
Wednesday, October 2, 2019
Ryan Beam has spent roughly the past year pushing for government reform, speaking with lawmakers and writing op-eds for newspapers around California. "It seems like 'politics' is a bad word," Beam, a 17-year-old high school senior in Santa Cruz County, told me recently. "This is just sort of civic engagement." Beam's civic activism does have a singular focus: Getting California to let 17-year-olds vote in the presidential primary, as long as they'll be 18 on Election Day in November.
Monday, September 30, 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.
Friday, September 27, 2019
In Curver Luxembourg SARL v. Home Expressions Inc., case number 18-2214, the U.S. Court of Appeals for the Federal Circuit recently held that the claim language of a design patent can limit its scope where the claim language supplies the only instance of an article of manufacture that appears nowhere in the figures.
Monday, September 23, 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.
Wednesday, September 18, 2019
The fight over California's Assembly Bill 5 — the newly approved legislation requiring many gig economy workers to be counted as employees — has been intense. Newspapers up and down the state of California said they have become collateral damage from the state's effort to rein in the gig economy. My colleague Tim Arango dug into how the legislation would affect one of those industries.
Tuesday, September 17, 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.
Monday, September 16, 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.
Friday, September 13, 2019
Landlords whose tenants sell counterfeit goods can be liable for trademark infringement if they have knowledge of the infringing acts or are willfully blind to the infringement.
Thursday, September 12, 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, August 30, 2019
The USPTO recently refused legendary quarterback Tom Brady's application to register the mark TOM TERRIFIC. If you're like me, you're wondering why Tom Brady would want to register such a trademark. Well, according to Brady, he wanted to obtain the rights to the mark to prevent people from referring to him by that nickname. But that response isn't satisfactory for those of us who know about trademark law for a couple of reasons.
Thursday, August 29, 2019
Everything old is new again, at least when it comes to punching loopholes in state tax laws to benefit corporate interests.
Monday, August 26, 2019
Retirement is one of the most important financial goals for many married couples. It's something you may dream about and work hard to reach. But, even if you feel like you are on track in terms of meeting your financial objectives, there is an equally important factor to consider ? are you both on the same page about your vision and plans for retirement?
Wednesday, August 21, 2019
Corn-based ethanol cheaper to produce but less environmentally friendly than more advanced biofuels
Tuesday, August 20, 2019
Residents of low-tax states no longer subsidizing higher tax and spending states like California.
Friday, August 16, 2019
In Celgene Corporation v. Peter, the Federal Circuit recently affirmed the PTAB's decisions finding appealed claims obvious. However, more importantly, the Federal Circuit also held that the retroactive application of IPR proceedings to pre-AIA patents is not an unconstitutional taking under the Fifth Amendment.
Thursday, August 15, 2019
Two proposed class actions alleging California's public universities unfairly punish students accused of sexual misconduct will likely win class certification, legal experts say, in what would be the state's first-ever lawsuits seeking mass dismissal of student disciplinary decisions based on alleged due process violations.
Monday, August 12, 2019
No summary was provided
No summary was provided
Friday, August 9, 2019
A larger EITC led mothers to move out of shared living arrangements with non-related adults
Thursday, August 8, 2019
Construction remains one of the most male dominated professions left in the United States.
Tuesday, August 6, 2019
Californians are worn out by the high cost of housing and see no alternative but to leave.
Monday, August 5, 2019
Americans juggle a lot of interest rates in their daily lives. They pay interest on car loans, credit card balances and mortgages. They earn interest, at least a little, on the money they save with banks.
Thursday, August 1, 2019
For a half century, Freddie Mac has made homeownership possible more than 80 million times.
Tuesday, July 30, 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
Even women who are famous for their mastery of a domain find themselves being mansplained.
"A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services."
Thursday, July 25, 2019
Laurel Rosenhall, a reporter for the nonprofit news site CalMatters, catches us up on state lawmakers' efforts to curb police shootings.
Tuesday, July 23, 2019
In a matter of first impression, the state Supreme Court determined there is a presumption that post-conviction evidence under the court's control is open for inspection.
California is home to 12% of the U.S. population, but 25% of the country's homeless.
Trump's first successful nominee to the 9th U.S. Circuit Court of Appeals was expected to be a moderate. But a year into his confirmation, Judge Mark J. Bennett is showing signs he's not quite the middle of the road voice his critics, and supporters, claimed he would be.
California is home to 12% of the U.S. population, but 25% of the country's homeless.
Friday, July 19, 2019
A few years ago, when the concessionaire for Yosemite National Park (the "Park"), Delaware North, was informed that the Park planned to consider other concessionaires, such as Aramark, Delaware North responded in shocking fashion.
Tuesday, June 18, 2019
California's great wealth only masks its increasing dysfunction. Nothing highlights this quite like the explosion of homelessness in the Golden State.
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.
Monday, June 17, 2019
President Donald Trump's dispute with China has landed on the doorstep of Verizon, with Huawei demanding that the American wireless giant pay licensing fees on hundreds of patents, according to two people briefed on the matter.
If Boeing is allowed to certify that a crash-prone aircraft is safe, and Facebook can violate users' privacy expectations, should companies and industries ever be allowed to police themselves? The debate is heating up particularly in the U.S. tech sector with growing calls to regulate -- or even break up -- the likes of Google, Apple and Amazon.
Wednesday, June 12, 2019
ver the past several years, teenage suicide rates have spiked horrifically. Depression rates are surging, and America's mental health overall is deteriorating. What's going on?
The California bullet-train project is a case study in mismanagement of an infrastructure megaproject.
Tuesday, June 11, 2019
Employers should do more to hire and retain workers with disabilities in a tight labor market.
Employers should do more to hire and retain workers with disabilities in a tight labor market.
Wednesday, June 5, 2019
The Federal Arbitration Act ("FAA") evinces a national policy favoring arbitration. The law provides for strong, uniform, and broad enforcement of arbitration agreements when it applies. It preempts state laws and court decisions that disfavor arbitration.
DOJ should challenge court's legal findings or at least the draconian impact of its accompanying orders
Monday, June 3, 2019
The MGS is a mystery because prior to a 2015 refinery explosion it pretty much didn't exist.
Employers' obligations to investigate workplace-related claims do not end when the complainant or the accused no longer works for the business.
Thursday, May 30, 2019
There have decades of bipartisan rhetoric about the virtues of home ownership, with politicians competing with one another to see who can propose the worst ideas for responsible homeownership.
Fair warning: By reading this you will be plunging into the Legislature's almost impenetrably arcane thicket of internal procedures.
Wednesday, May 29, 2019
Last September, Uber's top executives were pitched by some of Wall Street's biggest banks, Morgan Stanley and Goldman Sachs. The bankers' presentations calculated Uber's valuation almost identically, hovering around one particular number: $120 billion. Nine months later, Uber is worth about half that figure.
The 'rise of the robots' a threat to the human workers, but not within the next two generations
Friday, May 24, 2019
One of the requirements for obtaining a patent is the written description requirement ? the specification must include a written description of the invention. 35 U.S.C §112(a).
While we aspire to build a #CaliforniaForAll, our state faces serious divides between regions of enormous wealth and regions of deep poverty.
States uncovered the 1,244 data breaches affecting 446 million records that occurred just last year.
Thursday, May 23, 2019
Voters who supported Proposition 64 were duped by a bait-and-switch
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.
Wednesday, May 22, 2019
The Chinese technology giant Huawei on Monday began feeling painful ripple effects of a Trump administration order that effectively bars U.S. firms from selling components and software to the company.
In 2001, Gen-Xers held an average of $130,000 in assets. In 2016, millennials held 31 percent less.
Tuesday, May 14, 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.
When it comes to solving the state's housing affordability crisis the Legislature seems at a loss.
Tuesday, May 7, 2019
A study of tiny home downsizers found that their ecological footprints were reduced by about 45%.
In Cass Sunstein's new book, "How Change Happens," he makes a few points. First, sometimes people's private reactions differ from how society tells them they're supposed to react to a given situation. Second, if you give people permission to express how they really feel, they will sometimes take you up on it. Third, if there is mass dissidence between how people feel they're supposed to act and their actual feelings, then you've got a situation ripe for radical and sudden social change.
Wednesday, May 1, 2019
Gary Cohn was born in 1960 in the suburbs of Cleveland.
California motorists pay $1.17 per gallon more than the national average, according to AAA
Tuesday, April 30, 2019
Senate Bill 1300, enacted last year, is one of the California Legislature's answer to the "Me Too" movement.
The CPUC has previously defined safety performance metrics for utilities and the utilities responded
Friday, April 26, 2019
Shockingly, some at the Patent Trial and Appeal Board ("PTAB") think textbook publishers who include dated copyright notices don't actually publish the textbooks that year! Further, would you have imagined an argument that textbooks aren't printed publications?
Whether or not the Impossible Burger venture succeeds on a large scale remains to be seen
Thursday, April 25, 2019
Managers with strong BS skills are adept at delaying unwanted scrutiny of a company's performance
Managers with strong BS skills are adept at delaying unwanted scrutiny of a company's performance
Managers with strong BS skills are adept at delaying unwanted scrutiny of a company's performance
Tuesday, April 23, 2019
List of expenditures unavailable because financial data is scattered across 500 incompatible systems.
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."
Tuesday, April 16, 2019
Airlines respond differently to public concerns about fatal accidents involving Boeing 737 MAX 8
Monday, April 8, 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.
California lawmakers propose inexplicable ban on safer alternatives to conventional cigarettes
Friday, April 5, 2019
California recently passed a law prohibiting employers from asking applicants for salary history
On March 25, 2018, the District Court in Nichia Corporation v. VIZIO, Inc., Case No. 8-16-cv-00545 (CACD 2019-03-25, Order), granted defendant's motion to preclude plaintiff's damages expert from testifying that plaintiff should recover, as compensatory damages, its costs incurred in a related Inter Partes Review (IPR) proceedings. The Court found such testimony would constitute an improper circumvention of 35 U.S.C. § 285's requirements for an attorney fee award.
Wednesday, April 3, 2019
The two most recent times I saw my friend Makoto Fujimura, he put a Kintsugi bowl in my hands. These ceramic bowls were 300 to 400 years old.
Even after two fatal crashes of the Boeing 737, CEO Dennis Muilenburg insisted the aircraft is safe
Tuesday, April 2, 2019
It can cost a half-million dollars more to build the same-size house in California as it does in Texas. The number of adults surprised by this is roughly zero.
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.
Monday, April 1, 2019
Figuring out how to pay for college is like putting together a puzzle. At first, it can feel like all the pieces are jumbled in the box.
Bay Area lawmaker proposes a $3.5 million levy on estates to address "wealth inequality" for children.
Wednesday, March 27, 2019
The information-technology industry has successfully lobbied against attempts to legislate or regulate it
Many employers use background investigations when making hiring, promotional, and similar decisions. The data made available by these investigations help the employer evaluate applicants in greater depth than an application and typical job interviews will allow.
Tuesday, March 26, 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?
California needs fewer NIMBYs (not in my backyard), and more YIMBYs (yes in my backyard).
Monday, March 25, 2019
All have one or more leading research universities and a large proportion of college-educated people.
Wednesday, March 20, 2019
Proposed measure would require all of California's state and local government agencies to use XBRL
Josef Stalin dreamed of creating a totalitarian society where every individual's behavior could be predicted and controlled but he was born a century too early. He lived before the technology that would have made being a dictator so much easier!
Tuesday, March 19, 2019
The profit margin of scientific journal publisher Elsevier nearly 40% while Apple is only 23%
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.
Monday, March 18, 2019
As a rule, the more an object can be reused - even as a disposable item - the better for the environment
Friday, March 15, 2019
The United States Supreme Court granted a writ of certiorari in Iancu v. NantKwest to determine whether a patent applicant, win or lose, must pay the salaries of the United States Patent and Trademark Office's ("USPTO") in-house attorneys in district court actions challenging the rejection of patent claims by USPTO patent examiners.
Proposed law may actually impede lactation accommodations for working mothers and promote litigation.
Dozens of people accused of having bought their children's way into elite colleges and universities.
The initial stage in the first of the test cases arguing Monsanto's signature weedkiller causes cancer wrapped up on Tuesday with an attorney for the plaintiff again violating the judge's orders, this time by telling the jury to consider whether multiple factors contributed to the plaintiff's illness.
Thursday, March 14, 2019
The Cadiz Water Project has received numerous validations of its plans, including CEQA approval
Two of the nation's largest telecommunications providers have asked the U.S. Supreme Court to intervene in lawsuits claiming they improperly refused to carry programs produced by an African-American owned production studio because of racial discrimination.
Wednesday, March 13, 2019
The financial system had nearly collapsed. The deepest recession in decades was devouring over 700,000 jobs a month. Roughly $13 trillion in stock market wealth, slowly rebuilt since the dot-com bust, had again been incinerated.
Efforts to shift direction and build more transit-oriented development are moving slowly
Tuesday, March 12, 2019
TCJA offers tools and provisions for both commercial real estate and residential real estate investors.
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.
Monday, March 11, 2019
A California federal judge ruled Wednesday that the Trump administration's proposed reinstatement of a citizenship question to the 2020 Census is illegal, further complicating a fraught issue by concurring with a New York judge on one claim while adding another.
For several years leading up to 2018, the stock market was abnormally calm. Stocks had some ups and downs, but generally continued to march higher without much disruption.
Security excuses for gathering data increase our risk. They pile up and leach into unexpected places.
Thursday, March 7, 2019
An Oakland federal judge on Monday struck down San Francisco County's use of money bail for those suspected of crimes but not yet charged as a "significant deprivation of liberty."
California's housing demand will not be met by stealing the profit motive from housing suppliers
Wednesday, March 6, 2019
Recreation and commerce flourish in daylight and are hampered by evening darkness
Everyone, it seems, has ideas about new tax strategies, some more realistic than others. Whatever your politics, there is a bipartisan acknowledgment that the tax system is broken. Whether you believe the system should be fixed to generate more revenue or employed as a tool to limit inequality, there is a justifiable sense the public doesn't trust the tax system to be fair.
Tuesday, March 5, 2019
Freedie Mac is focused on inclusion, defined as the intentional act of making people feel included
Freedie Mac is focused on inclusion, defined as the intentional act of making people feel included
Thursday, February 28, 2019
Fewer than 10% of independent contractors prefer traditional work environments to freelancing
Fewer than 10% of independent contractors prefer traditional work environments to freelancing
Wednesday, February 27, 2019
For decades, employers have used timekeeping practices that involve rounding, for example, rounding the employees' "punch time" up or down to the nearest tenth or quarter hour.
The Bay Area should have added a million housing units since 2000, but only 380,000 units were built.
Tuesday, February 26, 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.
California backs 'safe harbor' federal legislation for banks accommodating the cannabis industry
Monday, February 25, 2019
After one of the longest bull markets in history, stocks experienced some major ups and downs toward the end of 2018.
Thursday, February 21, 2019
Yesterday's marijuana is as different from today's as near-beer and a martini.
The early hearing may indicate where the court leans, but opponents of the move say their victory at the district court will be upheld.
Yesterday's marijuana is as different from today's as near-beer and a martini.
Wednesday, February 13, 2019
Two banks announced the industry's biggest merger in a decade on Thursday, signaling bank executives' growing confidence that the regulatory constraints imposed after the 2008 financial crisis have begun to loosen.
SF Ordinance requiring health warning labels on sugary drink ads runs afoul of 1st Amendment
Tuesday, February 12, 2019
Andrew Yang was born in Schenectady, New York, to immigrant parents from Taiwan. Yang, now 44, studied economics and political science at Brown, got a law degree at Columbia and ultimately became a successful entrepreneur, with a focus on job creation. In the American dream sweepstakes, he was a pretty big winner. But along the way, he came to see that for every winner, there were thousands upon thousands of losers.
Californians make up only 12 percent of the U.S. population, but 25 percent of the nation's homeless.
Tuesday, February 5, 2019
Advertisers and marketers once struggled to predict sales of such leisure products movies and books.
axing the wealthiest Americans at a higher rate may be good politics, since most voters won't be affected.
Monday, February 4, 2019
Technology has inspired new ways for investors to manage their finances -- often with added convenience and efficiency.
The state of California wants to see 1.5 million Zero Emission Vehicles on California's streets by 2025
Thursday, January 31, 2019
U.S. continues to allow Internet Service Providers to self-regulate with minimal external controls.
U.S. continues to allow Internet Service Providers to self-regulate with minimal external controls.
Wednesday, January 30, 2019
The state government has caused trouble by stomping on private acts of kindness, like food sharing.
Employers require at least some employees to travel for business purposes. When hourly employees travel as part of the job, several employment law issues require attention.
Tuesday, January 29, 2019
The Ford Motor Co. is ditching its legacy sedans, doubling down on trucks and trying to steer its stock price out of a long skid.
The number of applicants to nursing schools in California far exceeds the number of available slots
Thursday, January 24, 2019
Operating costs for the valley's tech startups as much as four times higher than in emerging tech hubs.
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 23, 2019
Stocks came very close to entering a bear market on Christmas Eve, which was a very bad thing. Just about everybody said so.
Former California Gov. Jerry Brown signed more than 1,000 new laws that go into effect this year.
Tuesday, January 22, 2019
The GND Plan recognizes that tackling climate change is going to be disruptive, hurting some people.
If you stand to inherit a property, such as a family home or vacation condo, the gift presents a critical financial decision: whether to sell, rent or keep the home. And oftentimes, this decision is handled while dealing with the loss of a loved one.
Wednesday, January 16, 2019
Employers enter into agreements with employees to settle threatened claims or litigation, and to resolve any potential claims, such as at the time of a layoff or discharge.
Tuesday, January 15, 2019
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!
The demise of the iconic retailer is a sad for the company and those associated with it.
Monday, January 14, 2019
OZ's offer preferential tax treatment when investing in economically distressed communities.
A prominent economic story of the past year has been the growing tide of trade disputes across the globe.
Thursday, January 10, 2019
After he was sworn in as state attorney general Monday, Xavier Becerra took shots at his most frequent opponent in court: the Trump administration.
The potential fallout from an insincere apology can make the fallout from a crisis far worse.
Tuesday, January 8, 2019
The inauguration traditionally reflects the personal and governing style of the governor being sworn in.
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.
Monday, January 7, 2019
The tea leaves suggest that the days of fiscal wine and roses for California government are over
The Trademark Trial and Appeals Board recently issued an interesting decision regarding standing to oppose the registration of trademark applications. United Trademark Holdings, Inc. filed for registration of the mark RAPUNZEL for use in conjunction with dolls and toy figures.
Friday, January 4, 2019
A quick glance at television commercials or online pop-up ads shows that rewards programs are the name of the game for many credit cards.
Lawmaker says people driven to homelessness because of housing crisis, among other on challenges
Thursday, January 3, 2019
Law students and professors have gone to Tijuana to advise asylum seekers on their options.
1,800 businesses moved out or 'disinvested' from California, according to the most recent data
Wednesday, January 2, 2019
This fall, the California legislature responded to the #MeToo movement in a significant way.
Monday, December 31, 2018
Actors gain notoriety for different reasons. For some it's due to a physical characteristic or an iconic character portrayal.
Friday, December 28, 2018
Welcoming a child is an incredibly exciting time in your life.
Thursday, December 27, 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.
Wednesday, December 26, 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.
Monday, December 24, 2018
Give time, talent or treasures to the least of those in our communities
Friday, December 21, 2018
For many of us, the new year means a fresh start and the chance to set new goals. If your resolutions are money related, here are some ways to strengthen your financial foundation in 2019.
Non-statutory, or obviousness-type, double patenting ("ODP") is a judicially created doctrine that prohibits an inventor from effectively extending the monopoly on a patented invention by applying for a later patent with claims that are not "patentably distinct" from the claims in the earlier patent. The core principle behind the doctrine is that "an inventor must fully disclose [the] invention and promise to permit free use of it at the end of [the] patent term." See Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical ("Breckenridge").
Wednesday, December 19, 2018
Just seven months before the scheduled release of a new technology system intended to simplify the repayment process for more than 35 million federal student loan borrowers, the Education Department is scrapping its plan and starting over.
No gas-fueled cars, no 'gig' jobs, no fur products and other questionable legislation
Tuesday, December 18, 2018
Immigration leads to a wider variety of better products for the American consumer.
Retired 1st District Court of Appeal Justice William A. Newsom III died Wednesday. He was 84.
Monday, December 17, 2018
You've worked hard to accumulate your wealth and now want to share the fruits of your labor with your grandchildren.
Ruling allowing a much-needed pension reform would save California from fiscal disaster.
Thursday, December 13, 2018
Recently, officials in California announced that the Camp Fire, the deadliest wildfire in the state's history, had been fully contained. The achievement was made possible through the hard work of firefighters on the ground, with some help from above: a swarm of tiny, orbiting satellites that represent the next phase of the space age.
Facing NIMBY opposition Elon Musk, abandoned plans his for a hyperloop transportation system
Tuesday, December 11, 2018
For many the holidays mean not only shopping and family time but also scanning job advertisements
What if President Trump's gut turns out to have been right and the Federal Reserve's interest rate increases are holding back the United States economy?
Friday, December 7, 2018
Focus on environmental, social, and governance investing costs potential returns
Every year about this time, I search the PTO database for any new patents on inventions related to Christmas. This year turned up several.
Wednesday, December 5, 2018
Stocks rose on Wall Street Monday after President Donald Trump and President Xi Jinping of China reached a truce in the countries' trade war.
It's near impossible to fix our own stuckness because we all operate in our own blind spots
Tuesday, December 4, 2018
Young leaders bring passion, but that doesn't necessarily make up for a lack of wisdom
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
In University of Massachusetts Medical School et al v. L'Oreal SA et al, 1-17-cv-00868 (DED 2018-11-13, Order) (Sherry R. Fallon), the magistrate judge recommended granting a foreign parent company defendant's motion to dismiss plaintiffs' patent infringement action for lack of personal jurisdiction where its American subsidiary introduced the alleged accused products into the stream of commerce and the foreign defendant's corporate structure is not sufficient to establish personal jurisdiction because "mere ownership of a subsidiary does not justify the imposition of liability on the parent."
While still early in the regulatory process, Opportunity Zones are a boon for real estate investors.
Wednesday, November 28, 2018
Devastation caused by forest wild fires increasing, nowhere more so than in California.
Days after President Donald Trump attacked the impartiality of the 9th U.S. Circuit Court of Appeals, attorneys at the U.S. Department of Justice asked the nation's highest court to review an injunction blocking the government from implementing a ban on transgender soldiers in the military, effectively seeking to skip the very court Trump brazenly called a "complete and total disaster."
Tuesday, November 27, 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.
Nonprofits should send fundraising communications on a day when they can be the star of the show.
Monday, November 26, 2018
The San Diego Padres recently took control of the Amarillo minor league baseball organization. The organization will serve at the Padres' Double A affiliate.
Climate scientist refutes Gov. Brown's claim of link between warming and recent wildfires
Monday, November 19, 2018
Without risk, there can be no innovation. The world of innovation is murky and uncertain. You must give people your permission to fail. Otherwise, they won't even try.
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.
Thursday, November 1, 2018
The attorney for a Black Lives Matter activist announced a plea deal hours ahead of a hearing on her motion to force the entire San Joaquin County district attorney's office to recuse itself from the case.
Aggressive NIMBY outlook and excessive regulation responsible for unaffordable housing.
Wednesday, October 17, 2018
The World Trade Organization is the referee for 164 member nations, each with their own political and economic agendas. Lately, those agendas have gotten more complicated, especially with President Donald Trump's tariff blitz. The modern global economy requires a delicate balance in which countries collaborate on trade while simultaneously competing against one another. This competition often requires a referee to make sure everyone's following the rules.
Federal regulations are the source of banking limitations on cannabis-related commerce.
Thursday, October 11, 2018
Opportunity Zones aim to uplift low-income neighborhoods, while providing generous tax incentives.
Opportunity Zones aim to uplift low-income neighborhoods, while providing generous tax incentives.
Wednesday, October 10, 2018
his article is Part 2 of a two-part series providing an overview of laws affecting San Francisco employers.
Tuesday, October 9, 2018
Fourth Industrial Revolution, like all good revolutions, is disrupting social and economic structures.
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.
Monday, October 8, 2018
UC Berkeley has signed master lease agreements at privately developed housing projects.
Each year, employers offer an open enrollment period — a window of time to select your benefits package for the coming year.
Friday, October 5, 2018
The state Supreme Court wrongly takes away free choice of how individuals practice their occupation.
In recent years, the U.S. Supreme Court has considered a number of intellectual property and related cases, but many issues remain unresolved. Therefore, it is important to look both at the cases currently before the U.S. Supreme Court as well as those the Court chooses to let stand without further review.
Wednesday, October 3, 2018
Rabbi Gavriel Price has thousands of years of Jewish religious law to draw on when he is on the job, determining whether a new food item can get a kosher certification from his organization, the Orthodox Union.
Debtors who file for bankruptcy protection are protected by the imposition of an automatic stay.
Seeing makeshift homes on sidewalks and freeway off ramps is not unusual in most parts of California. Tents can now be found on sidewalks where just a block away, two-bedroom homes easily sell for more than $1 million.
Tuesday, October 2, 2018
Community Choice Aggregators are taking California cities and counties storm.
Thursday, September 27, 2018
Survey analysts on both sides defended their methodology studying pay-for-play's impact on consumer demand Monday in the potentially landscape-altering NCAA antitrust trial where student-athletes are fighting for a larger stake in the multi-billion dollar industry.
California's Tom Steyer is financing renewable fuels legislation across the country.
Wednesday, September 26, 2018
This article is Part 1 of a two-part series providing an overview of laws affecting San Francisco employers.
Partnerships and LLCs face dramatic changes in how audits are conducted.
Tuesday, September 25, 2018
The national anthems of the United States and Mexico were played over the stadium speakers as the flags of both countries fluttered in the hot summer wind. Fans chatted away in English and Spanish. It was time for the Tecolotes de los Dos Laredos, the Owls of the Two Laredos, one of the oldest teams in Mexican baseball, to take the field here at Uni-Trade Stadium on the Texas side of the border. Except this was not an away game.
Monday, September 24, 2018
Let's face it -- summer can be expensive between vacations, home improvements
Wednesday, September 19, 2018
Those who take climate change and efforts to stop it seriously can arguably be divided into two broad camps: environmentalists and techno-optimists. The former believe that technology, population growth and overconsumption have led us to the brink of a disaster that only a dramatic change in lifestyles can avert. Techno-optimists, meanwhile, tend to believe that technology is as much the answer to our climate problems as the cause and that, ultimately, we can innovate our way out of the crisis. Mary Robinson, a former president of Ireland (the first woman to hold the position) and United Nations high commissioner for human rights most surely falls into the first camp.
Monday, September 17, 2018
For small business owners, managing the bottom line of their company is often a top priority.
Lisa Brennan-Jobs' memoir recounts life with (and without) father Steve Jobs.
Friday, September 14, 2018
Lawmakers determined to root out sexual harassment in the Golden State.
Galderma Laboratories, LP et al v. Amneal Pharmaceuticals LLC et al, 1-16-cv-00207 (DED August 31, 2018, Order) (Stark, USDJ), Judge Stark of the District of Delaware recently found that a plaintiff was collaterally estopped from pursuing claims for patent infringement of two drug patents under a doctrine of equivalents theory based on a finding of no literal infringement in a prior case even though a doctrine of equivalents theory was not asserted in that case.
Thursday, September 13, 2018
NAFTA's trilateral composition is the heart, not a glitch of the original agreement.
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.
Tuesday, September 11, 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.
Caltrans runs afoul of state law that prohibits use of taxpayer funds for campaign activities or advocacy
Monday, September 10, 2018
There's no question that Social Security is a cornerstone of retirement income for many Americans.
Wednesday, September 5, 2018
What policies the rest of the country needs to reject to avoid falling into the California trap.
What policies the rest of the country needs to reject to avoid falling into the California trap.
Friday, August 31, 2018
Procter & Gamble, the international consumer packaged goods conglomerate, recently filed a slew of trademark applications with the United States Patent and Trademark Office, seeking to register WTF, LOL, FML, and NBD for use in conjunction with certain consumer goods.
Women are making progress in executive and senior level management, but still lag behind men.
Thursday, August 30, 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.
When it comes to employment, a felony conviction is more damaging than imprisonment.
Wednesday, August 29, 2018
Helping public housing residents to overcome their dependence on the government.
Some employers historically have set a new employee's wages
Tuesday, August 28, 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.
Mortgage professionals are gaining better understanding of borrowers of the future
Monday, August 27, 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
Labor Day is a testament to America's high esteem for hard work.
Friday, August 24, 2018
Often, it's just the case of another business with the same name having registered that account first.
Thursday, August 23, 2018
The long-running legal dispute between the Commission on Judicial Performance and the state auditor could be nearing its conclusion, thanks in part to a pair of bills now advancing through the Legislature.
Permissionless innovation fomented by competitive free markets best guarantees consumer welfare.
Wednesday, August 22, 2018
Lance Armstrong was once one of the most lionized athletes on the planet. Then, in 2012, it all fell apart. During a television interview with Oprah Winfrey he admitted to using erythropoietin, or EPO. Stephen Dubner recently chatted with Armstrong about that infamous interview and how the years since have changed him.
New warning signs must be posted on buildings, or property owners could face lawsuits or penalties
Tuesday, August 21, 2018
Wages grew 3.5 percent when adjusted for compositional change in the workforce
What does a beer company do to hedge against slowing growth in its main business?
Friday, August 17, 2018
First of three guidances describe the transition tax on controlled foreign corporations.
Wednesday, August 15, 2018
California law protects employers from lawsuits based on negative employment references given without malice. Therefore, employers lawfully may communicate with other employers about their current or former employees' performance, reasons for separation, and more.
Opportunity to embed AI and machine learning into a company's internal operational processes.
Tuesday, August 14, 2018
High-Speed Rail remains necessary to the Golden State's transportation future.
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.
Monday, August 13, 2018
A meaningless vote that does nothing to reunite migrant children with their parents.
Friday, August 10, 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.
Non-homeowners face daunting challenges in the current housing market
Thursday, August 9, 2018
Nine years into this recovery, annual economic growth has been rather tepid at an average of 2.2%.
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.
Wednesday, August 8, 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.
Balancing consumer privacy protection and development of innovative technologies
Monday, August 6, 2018
No summary was provided
Friday, August 3, 2018
No summary was provided
Conflicts continue over subpoenas and information obtained during the newsgathering process.
Thursday, August 2, 2018
Twitter sets the record straight on so-called 'shadow banning.'
Twitter sets the record straight on so-called 'shadow banning.'
Wednesday, August 1, 2018
No summary was provided
Starting up with 12 employees, Intel is today the world's second-largest maker of semiconductors.
Tuesday, July 31, 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.
Supreme Court's Janus decision portends seismic change in Golden State's politics
Monday, July 30, 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.
Friday, July 27, 2018
Network of urban air vehicles will alleviate transportation congestion on the ground.
Thursday, July 26, 2018
The lawsuit has put $2 billion in funding on hold, and the state Legislature hopes to partially break the logjam with a November ballot initiative.
Those seeking help from addiction shouldn't have to worry about false advertising
Wednesday, July 25, 2018
New technologies key to reducing carbon emissions of fossil fuels
Dan Doctoroff, a successful investment banker in New York spearheaded a massive effort to bring the Olympics to the city in 2012.Though the bid failed, it helped catalyze dramatic development throughout New York as a result of extensive rezoning efforts.
Tuesday, July 24, 2018
It is premature to assess the ultimate impact of recent trade policy developments on the U.S. economy
Monday, July 23, 2018
Electricity and distribution will be highly integrated in the state's future electrical grid
Creating a well-crafted financial plan will help you achieve your goals.
Friday, July 20, 2018
Conor McGregor's presence in the business world is just as polarizing as his presence in the sports and entertainment world.
Twitter aims to be the social media platform that serves healthy public conversation
Wednesday, July 18, 2018
More than half of all Americans either have a cataract or have had cataract surgery by age 80
No summary was provided
Tuesday, July 17, 2018
No summary was provided
We all struggle with the difficulty of separating mentally from our work
Monday, July 16, 2018
Foundations of the patent system have been eroded, much to the detriment of small businesses in tech
No summary was provided
Wednesday, July 11, 2018
Tuesday, July 10, 2018
FCC applies old regulations to new industries like cloud computing
No summary was provided
Monday, July 9, 2018
U.S. in the midst of the third great inflection point since the dawn of manned flight
Today's housing market is creating more and more hurdles for homebuyers.
Friday, July 6, 2018
Offshore wind benefits from potential demand, as 53% of the nation's population live in coastal areas
Thursday, July 5, 2018
No summary was provided
Tuesday, July 3, 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?
Monday, July 2, 2018
No summary was provided
While neutrality doesn't mean that we don't have values, it must mean that we are not partisan.
Friday, June 29, 2018
Today's real estate industry relies heavily on the use of websites displaying photographs of properties for sale to entice buyers. Many of the photographs on these sites are taken by professional photographers who license the use of their photos and retain the copyrights to them. The Ninth Circuit was faced with the question of whether these photographers can maintain an action for copyright infringement against a company whose software apparently "scrubbed" metadata identifying the copyright holders of photographs on various real estate websites.
Artificial intelligence a power tool we're just beginning to understand.
Tuesday, June 26, 2018
Despite booming economy, labor force participation remains stubbornly low
No summary was provided
Monday, June 25, 2018
An estimated 9 in 10 employers currently use background checks in hiring
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.
Friday, June 22, 2018
While many animals are afforded various protections by the rule of law, photos taken by some do not have the risk of liability for copyright infringement.
Thursday, June 21, 2018
The long-term health of the nation's economy is tied to the real interest rate.
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.
Tuesday, June 19, 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.
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.
Monday, June 18, 2018
No summary was provided
Friday, June 15, 2018
On April 24, 2018, the Supreme Court issued its ruling in SAS Institute, Inc. v. Iancu, which held that the Patent Trial and Appeal Board ("PTAB") arm of the United States Patent and Trademark Office ("USPTO") must issue a final written decision addressing each and every patent claim challenged in an Inter Partes Review ("IPR") petition if review is granted
Thursday, June 14, 2018
In a nearly unanimous decision, the justices ruled Monday that tolling provisions that allow plaintiffs to bring individual lawsuits after relevant statutes of limitations periods pass if a previous attempt at class certification fails do not apply to subsequent tries at class-wide complaints.
Wednesday, June 13, 2018
A proposed $500,000 cut to the agency failed to make it into Gov. Jerry Brown's final budget.
Sunday is not my favorite hour to discuss home-improvement projects with a prospective contractor, but there I was, eagerly showing this one my basement. He seemed promising, spending almost two hours in my basement. All I had to do now was wait for his bid. I eagerly opened the email only to find a half-page proposal with scant information, just a vague bullet list with a dollar sum at the bottom. When I asked for more detail and references, I never heard from him again. My experience is not uncommon among homeowners looking to hire tradespeople.
As the legal field tries to keep pace with medical advancements, complicated and interesting cases arise.
Monday, June 11, 2018
Opportunity Zones provide incentives for developers to invest in economically distressed communities
Friday, June 8, 2018
Can Joel Embiid block the Buffalo Bills' attempt to register "Respect the Process"? And better yet, if he can, will he?
Gig economy a magnet for many unemployed and underemployed millennials.
Thursday, June 7, 2018
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.
The nation's highest gasoline taxes force California drivers to pay sky-high pump prices.
Wednesday, June 6, 2018
The California Supreme Court's recent decision in Dynamex v Lee changes the way businesses evaluate their employee classifications.
Tuesday, June 5, 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.
Monday, June 4, 2018
There are steps you can take to feel more financially confident regardless of your age and current health status.
More than 200 identified faults in California are considered very dangerous.
Friday, June 1, 2018
No summary was provided
FDA citizen petition abuse is an instrumental anti-competitive tool that pharmaceutical companies use to delay market entry of generic drugs, an empirical study demonstrates.
Union official time constitutes a direct government subsidy to federal employee unions.
Thursday, May 31, 2018
'Driving while black' has resurged in 2018 under the wider umbrella, 'existing while black' or 'EWB.'
'Driving while black' has resurged in 2018 under the wider umbrella, 'existing while black' or 'EWB.'
Wednesday, May 30, 2018
The U.S. high court's recent sports betting ruling is sure to cause a flurry of activity in state legislatures across the country.
Tuesday, May 29, 2018
Consider the benefits of working another year or more before retirement.
Thursday, May 24, 2018
Too often, political tactics are based on the cynical assumption that voters can be easily fooled and the current election season is, unfortunately, rife.
Controversial 5-4 majority decision was authored by Justice Neil Gorsuch.
Wednesday, May 23, 2018
The Trump administration is working on an agreement with China so the country can purchase more US goods and shrink the trade gap.
Tuesday, May 22, 2018
No summary was provided
California's new rooftop solar mandate will add approximately $12,000 to the cost of a new home.
Monday, May 21, 2018
Freelance professionals have unique opportunities and challenges when it comes to creating a viable path to financial security.
When the California Supreme Court ruled that many independent contractors must be reclassified as employees, it may have unintentionally paved a path toward greater safety on the state's roads and highways.
U.S. and China endeavor to strike a grand bargain to avert a trade war
Friday, May 18, 2018
Many patent owners feel that alleged infringers have an unfair advantage under the current system that applies different claim construction standards for different forums.
How do songwriters survive in the digital age? 'Quite precariously.'
Thursday, May 17, 2018
Gov. Jerry Brown is strangely unwilling to even try to save the state budget from the existential threat posed by an insanely unbalanced tax system, even though he acknowledges the fiscal peril.
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.
Study finds toxic contaminants in 20 out of 20 samples at "licensed" marijuana dispensaries.
Wednesday, May 16, 2018
Atul Gawande is an extraordinarily busy man, even for a doctor. Not only is he a surgeon, but he's also a health policy professor at Harvard, an executive director at Ariadne Labs, and a staff writer at The New Yorker. Gawande recently found time to chat with Stephen Dubner about how we can improve health care and how he gets it all done each day.
Tuesday, May 15, 2018
Attorney General Jeff Sessions requested friend-of-the-court briefs in March relating to an asylum case on whether suffering from "private criminal activity" made someone part of a particular social group that is eligible for asylum in the U.S.
A new guidebook for communications professionals when a fast moving crisis hits.
The Phillippine Supreme Court has voted to remove the Chief Justice of the court in what some are calling a "black day for justice."
Monday, May 14, 2018
For many investors, cash helps protect a portion of income against market volatility and provides the ability to generate a competitive return.
Gov. Brown allowed to designate up to 25 percent of low-income census tracts as 'Opportunity Zones.'
Friday, May 11, 2018
Companies see value in career education for their middle-skill workers
Ninth Circuit finds monkeys cannot sue for copyright infringement
Lower immigration and birth rates have caused a decline in California's population growth.
Thursday, May 10, 2018
No summary was provided
California's economy has climbed in global rankings to 5th place behind only the United States as whole, China, Japan and Germany.
The new reality in California is that cannabis interests have become a formidable lobbying force.
Here's one to check off your bucket list of ponderables: If you engage in an intentional act that results in an unintended accident, is it an really an accident?
Wednesday, May 9, 2018
Protecting the integrity of the pharmaceutical supply chain
While using independent contractors gives companies an edge, California's high court said it was an unfair competitive advantage.
Tuesday, May 8, 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.
Space weather has the potential to disrupt such technologies as GPS, telecommunications and aviation
Monday, May 7, 2018
Businesses across the world are bracing for the impact of the new European Union data-protection regulation, known as the GDPR, which comes into effect on May 25.
When we begin to think about how to maintain a thriving legal practice that is being outpaced by artificial intelligence, automated on-line legal services, and lawyer "robots," the first question that hits us is, where do we even begin? Below we suggest a roadmap for addressing what is arguably the biggest challenge the legal industry has faced in its history.
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.
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?
Friday, May 4, 2018
Western societies apparent are unable to assimilate and integrate rapidly newcomers
Ren Ventures argues that Lucasfilm doesn't have common law trademark rights to SABACC card game because it failed to use the game in a trademark manner.
Thursday, May 3, 2018
Social media platforms need to be better stewards of information they disseminate to the public
Voters often make snap judgments based on ideological predispositions and unpredictable events that unfold during campaigns, what those in politics call "x-factors."
Wednesday, May 2, 2018
What is the one thing that sets humans apart from all other animals? Some say it's our innate curiosity; some say our language. Others say it's our culture. Our capacity for trade — our ability to create markets and respond rationally to supply and demand — would seem an obvious, and particularly strong, candidate for what make us human. And yet research suggests that economic activity isn't as uniquely human as we might imagine.
Tuesday, May 1, 2018
California labor laws generally discourage overtime work by requiring employers to pay a premium for extra work hours.
Work centers have evolved into de facto labor organizations. They should comply with the laws that regulate unions
A recent decision will likely instigate a sea change regarding how family law trials and motions are litigated.
Monday, April 30, 2018
Consider taking steps to prepare for potential changes in the investment environment that could be caused, in part, by inflation
Friday, April 27, 2018
The Supreme Court left intact a system created by Congress in 2011 that has been used by potential patent infringers to challenge and invalidate thousands of patents.
America has a deficit of 7.3 million homes. Half of that total is in California
California's public employee pension systems have immense gaps between what they have in assets and what they will need to meet their obligations to retirees.
Thursday, April 26, 2018
California boasts 13 Women's Business Centers throughout the state
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.
Wednesday, April 25, 2018
The Internet has been disrupted by advances in networking technology and applications
The lieutenant governor has few, if any, substantive duties other than take over if a governor dies or resigns.
In light of the recent US-China trade dispute, various Chinese companies are facilitating alternate shipping routes through other countries in hopes of circumventing new tariffs.
Tuesday, April 24, 2018
Cybercrime damage will reach $6 trillion by 2021, nearly 10 percent of the global economy.
Political oddsmakers have pegged Bakersfield Congressman Kevin McCarthy and the No. 3 GOP leader, whip Steve Scalise of Louisiana, as the two contenders for speaker of the House of Representatives.
There's a mountain of evidence suggesting that the quality of our relationships has been in steady decline for decades. Over the past five years, loneliness, suicide rates and depression have abruptly gotten worse.
Monday, April 23, 2018
The Supreme Court has not approved of any such standard. Even in the 9th Circuit, the award must be "completely irrational."
The U.S. has been the indisputable world leader in disruptive innovations in the internet age.
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.
Friday, April 20, 2018
The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act ("DMCA").
The IRS received more than 94.1 million individual returns between Jan. 29 and March 30.
Thursday, April 19, 2018
The U.S. Supreme Court previously ruled that federal law trumps state law on marijuana
The California Chamber of Commerce published its annual "job killer" list of bills it wanted to block. 24 bills made the list.
Wednesday, April 18, 2018
President Donald Trump's Republican administration in Washington and California's Democratic politicians in Sacramento are clearly looking for opportunities to do battle in the media and in the courts.
When evaluating the act's impact on mergers and acquisitions, corporate and pass-through entity provision changes must also be evaluated in the context of even more complex international ones that could affect a transaction.
Last summer, Stephen Dubner had the opportunity to chat with arguably the most heavily scrutinized chief executive in the United States: Facebook's Mark Zuckerberg. Even before Americans and the world learned that data from an estimated 87 million Facebook users had been weaponized by political operatives, and before the 33-year-old CEO sat down for a two-day grilling session from an irate Congress, Zuckerberg was feeling the heat.
In 2017, Customs and Border Patrol recorded the lowest level of illegal cross-border migration on record.
The California Supreme Court does review unpublished opinions, but rarely
Tuesday, April 17, 2018
Americans who are financially abused lose an average of $140,500 of their life savings
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.
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.
California is experiencing what educators call an "achievement gap."
Monday, April 16, 2018
It is likely the internal combustion engine will remain the dominant powertrain for the next several decades
Two new employment laws have expanded parental leave rights with the chance that the new regulations could expand compliance obligations.
Friday, April 13, 2018
Building your business reputation isn't a guarantee you will survive a crisis, but it gives you a fighting chance
A discussion of a few of the most common aspects of patent law that are misunderstood.
Wednesday, April 11, 2018
Were a citizenship question to depress the census count in California and other states with high immigrant populations, it could also depress their clout in Congress.
Were a citizenship question to depress the census count in California and other states with high immigrant populations, it could also depress their clout in Congress.
A Los Angeles Superior Court judge ruled that stores selling coffee must post cancer warning labels
Tuesday, April 10, 2018
No summary was provided
Monday, April 9, 2018
Racially explicit government policy in the mid-twentieth century separated the races in every metropolitan area
There are a variety of ways grandparents can help their grandchildren financially in the pursuit of a college degree.
Friday, April 6, 2018
There are four types of intellectual property protection, and it is important to understand the distinctions between them to keep your business safe.
Recently enacted Tax Cut and Jobs Act includes unexpected provision on carried interest
Thursday, April 5, 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.
MLB claims new 'protective' netting will have minimal effect on fan experience
A ballot measure in San Francisco would require the city to fund and run a program to provide tenants facing eviction with full-scope representation by an attorney regardless of income or means.
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