GUEST COLUMNS
Wednesday, November 25, 2020
Even a fortuneteller could not have foreseen what a crazy year 2020 has been.
California is on fire. And the wildfires we've seen already this year are not just alarming – they're a forewarning. In 2020 alone, record temperatures and tens of thousands of dry lightning strikes led our state to experience five of its six largest wildfires in recorded history.
Monday, November 23, 2020
When it comes to California's persistent shortage of affordable housing, the default position for many politicians is to promote tax credit schemes to incentivize investment in more building.
Californians will stop at nothing for safer, more reliable and convenient access to legal cannabis. There were more than 35 pro-cannabis ballot measures up for consideration throughout the Golden State on Election Day. Thirty-one of them were victorious.
In the weeks before the coronavirus began tearing through California, the city of Commerce made an expensive decision: It shut down part of its water supply.
Monday, November 16, 2020
Come January, California's own Kamala Harris will make history as the first woman and person of color to serve as vice president of the United States. Her transition to the White House will also leave a vacancy in the U.S. Senate, and Gov. Gavin Newsom has an important responsibility to fill that seat.
Ronald Reagan chose Mile Square Park, in the heart of Orange County, for a Labor Day rally in 1984 to kick off his final push for a second term as president.
Friday, November 13, 2020
It's been a week since election day, and while there's a modicum of doubt about some outcomes as ballots continue to be counted, overall results are pretty well settled.
With California's junior senator Kamala Harris poised to become America's first female vice president, a remarkable pattern has taken hold: Once again, a woman from California is making history in the nation's capital.
One way to challenge the validity of a patent at the United States Patent and Trademark Office ("USPTO") is through a petition for inter partes review ("IPR"). The USPTO Director has delegated responsibility to the Patent Trial and Appeal Board ("PTAB") to evaluate such petitions to determine whether to institute review of the challenged patent.
As states struggle to contain COVID-19 surges, Gov. Gavin Newsom on Monday warned that California also is experiencing a rise in cases and hospitalizations — though not yet at levels seen across the nation.
Thursday, November 12, 2020
Wednesday, November 11, 2020
Tuesday, November 10, 2020
Friday, November 6, 2020
A recent decision confirms that the duty to defend is immediate and, as can be surmised from the Crawford decision although it's not expressly stated in that decision, is not a factual issue to be determined by a jury.
Wednesday, November 4, 2020
2020 is set to be the year the Latino voter, the so-called "sleeping giant," fully realizes the political promise we have been showing for decades.
Tuesday, November 3, 2020
Thanks to a bill signed recently by Gov. Gavin Newsom, California consumers are going to see fewer handguns for sale in the Golden State. Assembly Bill 2847 solves no problems but creates yet another gun control hurdle for law-abiding firearm manufacturers and the consumers that rely on their products.
Americans are experiencing a crisis-of-confidence over the COVID-19 vaccine: a recent poll by the Pew Research Center found that only 51% of Americans would be willing to get a COVID-19 vaccine if one were available today, down from 72% in May.
Californians are casting their votes and making important choices about revenue for local communities, ending the ban on affirmative action, restoring justice for families and selecting our next elected leaders. The ballot decisions and questions come down to: What California do we want for our families and communities?
Friday, October 30, 2020
In Impact Engine, Inc. v. Google LLC, 3-19-cv-01301 (SDCA 2020-10-20, Order) (Cathy Ann Bencivengo), the District Court for the Southern District of California recently considered whether litigation funding documents could be withheld from production by plaintiff Impact Engine because the documents were work product protected.
The Nevada Supreme Court recently issued a landmark decision interpreting the public trust doctrine that is fundamentally inconsistent with how the California Supreme Court interpreted the doctrine in its own landmark decision nearly 40 years ago.
Hundreds of thousands of college and university students are among the Californians expected to cast votes between now and November 3.
A recent California appellate decision has injected some doubt into the ability of municipalities to recover their attorney fees and costs after successful appointment of a receiver pursuant to Health and Safety Code Section 17980.7.
The Department of Justice filed a motion to substitute the government for Trump as the defendant in Jean Carroll's defamation case against the president. Does the Federal Tort Claims Act allow that?
Thursday, October 29, 2020
The California Department of Parks and Recreation recently announced its plan to identify and act on discriminatory and dehumanizing names currently used in its parks.
"Biggest ever" can be a term you might want to hear about some things. But if it is a tax issue you are describing, "biggest ever" is hardly something you want, unless maybe it is the biggest ever tax refund.
A key challenge for policyholders seeking coverage under commercial general liability, directors and officers, and other insurance policies is the presence of the so-called "intellectual property exclusion."
Wednesday, October 28, 2020
In a year like no other, with a deadly pandemic raging and in the midst of a polarizing presidential election, a recent congressional report on the state of competition and antitrust enforcement in America may not have received the attention it deserves.
We are now eight months into the Small Business Reorganization Act of 2019, which took effect in February. The act attempted to establish a cheaper, quicker route for small businesses to reorganize under new Subchapter V of the Bankruptcy Code. Here are a few of my observations over the past several months.
Thursday, October 15, 2020
When I was diagnosed with severe asthma at the age of 5, my mom asked the doctor what could be done. He basically said, "Move out of California to avoid pollution."
California voters are not only voting on presidential, congressional, legislative and local government offices and a dozen statewide ballot measures but deciding the fate of 234 local tax and bond measures.
For nearly two weeks now, 7,000 miles away from California, the native Christian-Armenian people of the Republics of Artsakh and Armenia have been weathering the death-wish designs of the armed forces of the neighboring countries of Azerbaijan and Turkey.
Wednesday, October 14, 2020
The Office of the Comptroller of the Currency recently issued a proposed rule clarifying when a national bank is the "true lender" of a loan, and which provides much-needed guidance for banks and fintech lenders that offer loans through partnership models.
Friday, July 31, 2020
An unpublished decision from the Northern District of California emphasizes how important it is for attorneys to follow patent local rules.
Thursday, July 30, 2020
The pandemic-truncated 2020 legislative session, which resumed this week, has no shortage of business to conduct and just a month to do it — unless Gov. Gavin Newsom grants an extension.
For those who have either forgotten or don't keep up with takings law, Kelo v. New London was the bombshell case in which a 5-4 majority approved the condemnation of an inoffensive working class Connecticut neighborhood in order to provide amenities for the nearby Pfizer development.
A PIPE, or private investment in public equity, is a private placement transaction executed in accordance with the Section 4(a)(2) exemption and Rule 506(b) of Regulation D.
Wednesday, July 29, 2020
Even before the onset of COVID-19, the cost of health care was becoming a public health crisis of its own.
The object of this article and accompanying self-study test is to familiarize readers with procedures under the Government Claims Act (Gov. Code Sections 810, et seq.), the statute that must be complied with when litigating actions against public entities.
The court's rationale is that motions under that statute are limited to eminent domain actions and other remedies, such as summary judgment motions are available. The Weiss decision is logically flawed and will inevitably result in waste of precious judicial resources.
Tuesday, July 28, 2020
Maitely Weismann moved her 77-year-old mother from New York into a Los Angeles assisted living facility in mid-March, planning frequent visits to help her settle in. The timing couldn't have been worse, as California's pandemic lockdown had just banned virtually all visits in long-term care homes.
The data is in: We now know for certain who really benefited from federal efforts intended for small business recovery. The biggest banks made billions of dollars in fees from the Paycheck Protection Program.
The ABA recently issued an ethics opinion to clarify the line between legitimate advocacy and conduct that would violate Model Rule 8.4(g).
Monday, July 27, 2020
Every aspect of life, business and law has been impacted by the current and unprecedented COVID-19 pandemic. The cannabis industry, which was already a transitioning industry undergoing many challenges, has seen a number of major changes.
While a final resolution of the issue in a recent California Supreme Court ruling is long overdue and the court's recent decision brings needed clarity to condemnation law, the work of the Legislature, the Judicial Council and the Supreme Court is incomplete.
Over the course of their lifetime, the average American changes jobs 12 times and works for 5-7 different employers1. If this rings true for you, you may be among the millions of people who have started 401(k) or 403(b) plans with multiple companies over the years.
As California's daily COVID-19 case count surpassed 11,000 for the first time, it is clear that the state is by no means out of the woods with this pandemic.
Friday, July 24, 2020
Despite the concerted efforts to pressure the insurance industry for business interruption payments, none have been successful as one French restaurant, and the ruling is leading to more settlements.
The past few months have seen a historic surge in both state and federal legislation aimed at lessening the detrimental effects of the current pandemic on the health of both individuals and the economy as a whole. This has included multiple congressional relief bills, along with a multitude of other laws by states across the nation aimed at protecting individuals and employees affected by COVID-19.
As COVID-19 cases surge in California, some of the state's leading mental health professionals warned of long-lasting psychological fallout that will require enormous investment to help Californians who are suffering. Yet they also praised innovative experiments during the pandemic and said there is reason for hope.
In f'real Foods, LLC et al v. Hamilton Beach Brands, Inc. et al, 1-16-cv-00041 (DDE 2020-07-16, Order) (Colm F. Connolly), plaintiffs freal Foods, LLC and Rich Products Corporation sued defendants Hamilton Beach Brands, Inc. and Hershey Creamery Company for infringement of four patents on four accused products that are high performance blenders manufactured by Hamilton Beach.
Thursday, July 23, 2020
We certainly know that COVID-19 strikes hardest, sometimes fatally, at those who already have weakened bodies, such as the elderly.
The past months have been a time of exceptional change and challenge for Green Dot Public Schools -- as they have for most organizations, families and communities.
Those not knowledgeable in the art of jury selection see little harm in masking jurors and lawyers. But for those of us who spend our careers in the trenches of the courtroom reading the subtleties of juror reactions in order to decide how to exercise the precious few preemptory challenges allowed by law, we will be stumbling blindly — deprived of the essential signs of facial expression.
As fiduciaries, trustees are typically guided by the responsibilities and obligations imposed on them under the law and/or pursuant to a contract or trust instrument. In litigation, courts typically focus more on the sufficiency of the trustee's asset management process and administrative approach than investment portfolio results. It is important, therefore, that a trustee focus on the review process and reevaluate all aspects of the administration.
For high growth tech companies, corporate venture capital can be an attractive investment option. Not only can corporates provide capital, but they can also offer commercial synergies and valuable services — from assistance with product design to regulatory and technical support in specialist areas.
Tuesday, July 21, 2020
California scientists and air quality officials said Monday that the Trump administration's decision to not strengthen health standards for a key ingredient of smog fails to protect public health, particularly children with asthma.
As the nation grapples with growing demands for coronavirus testing, renewing shortages and delays in results, California is setting new guidelines for who gets tested first, state health officials announced today.
If you think that voter suppression only happens in Southern states like Kentucky or Georgia, then let me tell you that we have voter suppression in liberal California, too.
Monday, July 20, 2020
No one needs to be reminded that these are uncertain times. The course of the COVID-19 pandemic and its long-term effect on the economy is unknown. Financial markets are unpredictable. No one knows when people will again be able to gather, travel, work and spend as freely as they had before.
On Monday, July 13, 2020, the ownership group of the Washington Redskins (the "Team") announced that it will abandon the Redskins team name after nearly 30 years of controversy.
Wednesday, July 8, 2020
In the middle of a once-in-a-century health crisis and as COVID-19 cases rise sharply across the U.S., public health leaders are under attack.
Just a few weeks ago, Gov. Gavin Newsom was boasting about California's apparent success in suppressing COVID-19 infections in implicit contrast to other states, such as New York, that were being clobbered by the pandemic.
In 2003, the California Supreme Court held that all security personnel — including school security, school police, school resource officers, and backup officers — are "school officials" for purposes stops and searches.
On June 25, the California Supreme Court issued a unanimous opinion allowing a district attorney to seek recovery for violations of California's Unfair Competition law that occur beyond the borders of their county.
Tuesday, July 7, 2020
Two bills currently before the California Legislature are seemingly moving quite easily through the Assembly and Senate but are facing significant opposition from the California insurance commissioner and insurance consumer organizations.
A Court of Appeal ruling recently added to the growing number of California state and federal courts holding that the websites of businesses that are connected to a "brick and mortar" physical location are covered by the ADA if there is a "sufficient nexus between the claimed barriers and the plaintiff's ability to use or enjoy the goods and services offered at the defendant's physical facilities.
Monday, July 6, 2020
Following the America Invents Act, a petition for inter partes review ("IPR") has become a common method for challenging the validity of a patent before the Patent Trial and Appeal Board ("PTAB") at the United States Patent and Trademark Office ("USPTO").
The stark truth of the coronavirus crisis is that it disproportionately impacts the poor and people of color, including a large population of children in California who are suffering due to family job loss, reduction in health care, food insecurity, school closures and uneven distance learning opportunities.
California led the nation when, in 2004, it became the first state to give private-sector workers six weeks off with partial pay to care for a new baby or sick family member. But unlike other states that followed, California never required that many employers guarantee workers their jobs back after taking paid family leave — leading millions of Californians to pay into a system they could get fired for using.
As Congress gets ready to consider revisions to the 1998 landmark Digital Millennium Copyright Act, online service providers and groups representing copyright owners have redoubled their lobbying efforts to get their views reflected into the expected new law.
Thursday, June 25, 2020
A society's budget reveals its moral values, and by that metric, 21st century America barely hovers above bankruptcy. Our budgets expose our value of a carceral, police state, or at least one imposed and inflicted upon marginalized communities of color.
Sisters Maria and Jennifer Salvador start their days before the sun. The Southern California teenagers report to work at an Oxnard strawberry farm with one goal: To harvest as many bright red strawberries as they can.
Gov. Gavin Newsom and legislative leaders announced this week that they have a deal on a new state budget to take effect on July 1.
The Death Penalty Clinic at Berkley Law released a study last week that concludes that "racial discrimination is an ever-present feature of jury selection in California."
Wednesday, June 24, 2020
The California Public Employees Retirement System, the nation's largest pension trust, benefited greatly from the runup in stocks and other investments during the last few years, topping $400 billion early this year.
It is inevitable that the ongoing global pandemic will continue to affect nearly all facets of social and business life across the nation. Some bankruptcy courts have utilized their equitable powers to assist debtors in their attempts to reorganize and/or liquidate while accounting for the COVID-19 lockdowns and economic downturn.
A week ago, Isabel Rasmussen and her husband drove over three hours from their home in South San Francisco to South Lake Tahoe. They stayed at the 7 Seas Inn nestled in the Sierra Nevada mountains for two nights.
As director general at Zimbabwe Parks and Wildlife Management Authority, known as ZimParks, I am keenly aware of the reliance we have on revenue provided by international hunting tourism.
The Families First Coronavirus Act requires certain employers to provide employees with Emergency Paid Sick Leave or Expanded Family and Medical Leave for specified reasons related to COVID-19, paid at the employee's average "regular rate of pay."
Tuesday, June 23, 2020
Recognizing the need for civil litigants to have a venue to resolve disputes outside the court, members of that task force, representing both the plaintiffs and defense bar, came together to form RESOLVE Law San Diego.
California's housing crisis is nothing new for many black Californians. Systemic racism in public policy and the private housing market has long made finding a safe, stable and affordable home in the Golden State a more difficult prospect for its roughly 2.2 million black residents than for white people.
Assembly Bill 2501 must pass off of the assembly floor by Friday. If passed, the bill will put in place certain loan forbearance requirements, eviction and foreclosure moratoriums, tenant rent relief requirements, and other borrower and tenant protections.
Monday, June 22, 2020
In Duke, the California Supreme Court expanded the power of the trial court to admit extrinsic evidence to correct mistakes in wills, a power neither statute nor case law permitted, holding that such intervention was required to avoid unjust enrichment.
Interest rates recently hit all-time lows as the Federal Reserve made cuts to mitigate the financial impacts of COVID-19. If you're a homeowner with a monthly mortgage payment, you might be wondering if now is a good time to refinance.
Throughout California, protesters are calling for divesting from police and investing in policies that create true community safety.
As a branding idea, "Defund the Police" may be the worst slogan since New Coke, but as a policy matter, it is something most California communities should consider.
On June 9, the California Public Utilities Commission issued an order designating all gig drivers classified as independent contractors as presumptive employees of their respective companies.
The coronavirus pandemic and the protests against police brutality are laying bare long-standing problems and inequities. We are in the midst of social crisis.
Friday, June 19, 2020
Recently I watched the protests on the streets of Bakersfield over the death of George Floyd in Minneapolis. On the third evening of protests, I caught a glimpse of one of Clinica Sierra Vista's nurses in the crowd of peaceful protesters with a sign that read "Black Lives Matter to Nurses."
The United States Patent and Trademark Office has established a new program for prioritized examination for patent applications for inventions related to COVID-19 and for trademark applications for marks used for certain medical products and services used in connection with COVID-19.
The headlines underscore the massive challenges ahead of us: 1 in 5 California students lack computers and Wi-Fi. Coronavirus exposes L.A.'s economic and racial digital divide. Depression-era jobless rates loom.
Leigh Dundas angrily wagged her finger at Orange County supervisors at their board meeting last month as she ticked off what she thought were damning details about the professional background of county health officer Nichole Quick. The anti-vaccination attorney named Quick's boyfriend and disclosed her home address, saying she was going to bring protesters in masks to do calisthenics on her front doorstep until they passed out.
Three summers ago, my Stanford Law classmates and I were volunteering at an immigration detention center in rural Texas to help asylum seekers. While we were there, President Donald Trump, in a blink of a tweet, rescinded DACA, the Deferred Action for Childhood Arrivals program.
Thursday, June 18, 2020
One would think that with demonstrations against police brutality raging throughout the state, even in small rural towns, officers who monitored the protests would have been on their best behavior.
Everyone knows that tax returns are due April 15 most years. In California, that means both the IRS and the FTB. But 2020 has hardly been a normal year.
Recently, Sen. Mike Braun introduced the Conditional Approval Act, which would amend the Federal Food, Drug and Cosmetic Act to allow for a shorter pathway to market — that is, to allow for an early, provisional, and time limited approval — for drug candidates that meet six criteria.
Only a little more than a week after the protests started, a panel of the 4th Circuit issued an opinion on the use of excessive force by the police against a homeless black man.
Wednesday, June 17, 2020
It hardly counts as a silver lining, but policymakers and the press are finally calling out racial disparities in both income and health that have intensified with the COVID-19 pandemic.
Is this the end of the line for California's misbegotten bullet train project?
Long before the coronavirus began sickening Kingston Healthcare Center's residents and staff, state and federal officials knew the Bakersfield nursing home had serious problems.
Tuesday, June 16, 2020
We lawyers are accustomed to incremental change based on reasoned consideration of precedent. Legal precedent is designed to change slowly. That's not always a good thing.
Each juror brings a unique perspective and experience to the process, but together they create new energy. When jurors aren't physically together, some of that will be lost.
The murders of George Floyd, Breonna Taylor and countless others to state violence has ignited a global uprising against racism in all its forms. It also has given new momentum to the fight for justice for black and brown communities across California, with a call to revolutionize our justice systems.
Monday, June 15, 2020
The economic shutdown that we've endured as a nation as we attempt to combat COVID-19 has created significant challenges for small business owners. Even those that were thriving before the crisis are not immune to the effects of a sustained closure or limitation on how they operate.
The COVID-19 pandemic has placed a spotlight on the shortcomings of many of the programs that help protect older adults in California, including our state's food assistance program, CalFresh.
In recent months, many insured businesses have turned to their insurers seeking coverage for claims and losses related to COVID-19.
In a report issued on June 4, the Centers for Medicare and Medicaid Services, which oversees most nursing homes in the United States, estimated that almost 32,000 residents have died of the virus, more than a quarter of all COVID-19 deaths in the country.
Friday, June 12, 2020
As we face the COVID-19 pandemic, most of us have experienced anything from noticeable stress to serious health or financial problems. Are our law practices facing financial ruin? Is emotional upheaval affecting our relationships? How do we deal with this crisis? Fortunately, there are adaptive strategies that can help.
Monday, June 8, 2020
One possible upside to a down market comes in the form of a long-recognized strategy called tax loss harvesting. The concept took a backseat in the midst of an 11-year bull market, but it has jumped back into discussion now.
As we learn more about COVID-19 daily, it is increasingly clear that impacts are largest for individuals with health risks, the economically disadvantaged and people of color. Prisons concentrate these vulnerabilities in a single institution. And institutions with concentrated vulnerabilities put us all at risk.
An Assembly bill that would close a loophole and ensure funds intended for disadvantaged students unanimously passed the Education Committee last month, but it drew significant opposition.
Forty years ago Willie Ramírez entered a hospital and forever gained a place in history. The 18-year-old baseball player, semiconscious and unable to speak, suffered a brain hemorrhage that doctors did not properly diagnose. Why? Mostly it was an incorrect understanding of a term used by the young man's girlfriend and her mother to describe what might have caused his sudden incapacity: "intoxicado."
California is facing intersecting crises that place a heavy, dangerous burden on pregnant people.
Friday, June 5, 2020
As Californians continue to protest the death of George Floyd and what it signifies about broader racism, thus far two counties and the mayors of Los Angeles, Long Beach and Sacramento have requested — and received from Gov. Gavin Newsom — a contingent of National Guard troops. But that seemed insufficient to satisfy President Donald Trump, who denounced the sometimes violent protests and threatened to send military troops if states fail to make full use of their National Guards. Here's what to know about the Guard and its role in California.
In the midst of this pandemic, college-age students and their families are considering what to do next fall. The most interesting question posed to me is: should I take a "gap year"?
In Ferring Pharmaceuticals Inc. et al v. Serenity Pharmaceuticals, LLC et al, 1-17-cv-09922 (SDNY 2020-05-27, Order), Chief Judge C.J. McMahon of the Southern District of New York ordered an upcoming bench trial set to begin on July 6, 2020 in a patent infringement case to be "all remote," at least in the sense that at a minimum all the witnesses will testify remotely.
Thursday, June 4, 2020
I spent my final years at Harvard studying hard and working hard to fight for race conscious admissions policies there. After graduating last year, I returned home to California as another conversation about affirmative action was emerging with Assembly Constitutional Amendment 5.
As the crises cascade one upon the other — pandemic, economic decline and racial conflict — Democrat Gavin Newsom's governorship bears an increasingly eery resemblance to that of Republican Pete Wilson three decades earlier.
Wednesday, June 3, 2020
The news in this opinion is that the California Supreme Court has found that preventive detention is constitutionally permitted under both the state and federal constitutions under the standard of California Constitution Article I, Section 12, subdivision (b), but with qualifications.
Tuesday, June 2, 2020
California's recycling rate has fallen from a peak of 50% to 40%, well short of the 75%-by-2020 goal established by the Legislature, according to a recent report by CalRecycle, the state agency that manages recycling programs.
The coronavirus crisis is teaching us much about our social infrastructure that we either didn't know or took for granted.
California shouldn't rely so heavily on money from the federal government to close its budget deficit, a bipartisan chorus of lawmakers told the administration of Gov. Gavin Newsom during an unusual hearing Tuesday.
The COVID-19 pandemic invites us to grapple with our interconnectedness as we rely on each other to keep ourselves safe and supported. Yet amid efforts to collaborate and creatively solve problems, Southern California Gas Co. is capitalizing on this crisis to bully and to sow division.
Governments' efforts to address the novel coronavirus pandemic include measures that closed or curtailed many businesses' operations. As governments relax these restrictions, businesses must hire, rehire, or recall employees who were laid off or paid to be on call.
Monday, June 1, 2020
No one could have predicted with certainty how quickly the COVID-19 pandemic would change the lives of so many around the world. Fear of infection, stay-at-home orders and a rallying cry to help "flatten the curve" have drastically changed how people behave in their daily lives. In the face of so much uncertainty, the need to have an emergency fund -- a tool that can help your family manage the financial fallout in the case of a job loss or other unwelcome impact -- has come to the forefront.
Friday, May 29, 2020
Certain literary or graphic characters may, in some cases, enjoy copyright protection. Think James Bond - or Batman and even his Batmobile. Recently, the Ninth Circuit was called upon to determine whether the Moodsters, "anthropomorphized characters representing human emotions," are subject to the same copyright protection as Batman. Sadly, the Ninth Circuit concluded they do not.
Thursday, May 28, 2020
It's time's up, pencils down for the SAT and ACT tests at the University of California.
Even before COVID-19 rocked California, there were stark economic differences between the state's two major metropolitan regions — the San Francisco Bay Area and Los Angeles County-centered Southern California — and the pandemic will widen the gap even more.
By confirming a property interest in employment and fraud as a basis of a public policy claim (albeit in the context of Penal Code statutes), a recent appellate ruling has broadened the definition of statutorily based public policy, to the benefit of unjustly terminated employees.
Faced with rebuilding California's economy — one founded upon caring and fairness — let's ignore Wall Street and ivory tower economists. More can be learned from selfless frontline workers, like Danielle Mahabir. Donning sterile gloves and gown, nurse Mahabir, 34, elbows open the door into her intensive-care unit in San Jose. Hot-running ventilators sustain over a hundred patients inside, recovering from strokes, brain injuries or COVID-19 — an eerie climate inside, like an "arid forest waving in the summer breeze," Mahabir said.
Last week, the U.S. Supreme Court unanimously reversed the 2nd Circuit's application of res judicata to bar Lucky Brand's assertion of a defense in a 2011 lawsuit where it failed to litigate that same defense in a separate lawsuit in 2005.
There is broad acknowledgement across the state that communities of color, particularly black and Latino communities, are bearing the brunt of the COVID-19 pandemic.
Tuesday, May 26, 2020
Apple and Google are releasing application interfaces this month that marshal a smartphone's Bluetooth capability to trace a person's movements. The smartphone broadcasts a random identifier that will be recorded by other cellphones that come within close proximity and vice versa.
In these challenging economic times, many worthwhile charitable organizations find themselves in a precarious financial position. Meanwhile, they are experiencing unprecedented demand, especially those charities who provide basic needs like food and shelter.
An interesting question is whether a company may face liability under this statute (or based on common law theories) where one of its vendors or third-party contractors to whom it has entrusted the personal information of its customers or clients suffers a data breach. The possibility for liability in such a scenario was addressed in a recent case from Delaware.
Last month, the Court of Justice of the European Union issued a landmark decision concerning the liability of internet intermediaries for intellectual property infringement.
Friday, May 22, 2020
Adding to the maze of federal and state coronavirus legislation, Gov. Gavin Newsom recently announced sought-after property tax relief for California homeowners and businesses who have demonstrated financial hardship due to the COVID-19 pandemic.
Californians recently learned of alarming estimates of the state's budget shortfall as a result of the economic effects of the COVID-19 pandemic.
You might be tempted to raise prices to try to recoup some of your lost revenue. But be careful — if you do raise prices, you might unwittingly commit the crime of price gouging under California law.
In the last few years, California began restoring benefits in its Medi-Cal program that were cut during the last recession more than a decade ago. And in January, Gov. Gavin Newsom had even proposed expansions and deep investments that were poised to transform the multi-billion dollar health coverage program for low-income residents.
When California, with 17 million residents, surpassed New York to become the nation's most populous state in 1962, it was a cause for celebration.
Mckenzie Petersen found herself in a bind a couple of weeks ago. With in-person instruction suspended at California community colleges because of COVID-19, the biology major at College of San Mateo lost access to critical, hands-on laboratory experience necessary to transfer to a California State University campus this fall.
Eventually, it was bound to happen. A patent application was filed by a machine. Well, not exactly. A human being filed a patent application naming a machine as the inventor.
Thursday, May 21, 2020
Clem Miller, a congressman from California's North Coast known as Spendin' Clem for his ability to bring home pork-barrel funding, was a shoo-in for re-election to a third term in 1962.
For a gifting technique to be successful, the grantor needs to cut certain tax strings to prevent the gift from being included back into the grantor's taxable estate. Unfortunately, in Badgley v. United States, the grantor died three months too soon while the strings were still attached.
Wednesday, May 20, 2020
Parker Tenove remembers looking at his track and field schedule for the 2020 spring season, marveling at the opportunity to run at competitions in California cities from Santa Monica to Bakersfield.
The first step to effectively deal with any problem is defining it accurately — and the recession-battered state budget is a case in point.
California's budget heartache means its public colleges and universities are expected to receive nearly $2 billion less than planned for the coming year, but the financial aid that keeps tuition free for hundreds of thousands of students remains largely unscathed.
As the mayor of Oakland, I make hard decisions every day and see firsthand how stretched thin we are, and it couldn't be more clear: We need new resources to support and invest in our essential workers and local services. We need the Schools & Communities First initiative.
California's Latino community is experiencing the brunt of the COVID-19 pandemic's impact. About 50% of the state's more than 62,000 cases, and 33% of its total deaths are Latino, more than any other racial or ethnic group in California.
Tuesday, May 19, 2020
As California ramps up coronavirus testing of the general population, the state is still about two weeks away from any mandatory testing of its most vulnerable residents: those in nursing homes.
As missed rent payments and delinquent mortgages pile up across the state, California Democratic lawmakers Tuesday introduced a series of sweeping proposals aimed at shielding homeowners, renters and landlords from the economic fallout of the COVID-19 pandemic.
As public health officials and policymakers grapple with strategies to contain the spread of the COVID-19 in the United States, one area of focus is contact tracing of individuals who have tested positive for the coronavirus.
The state of California is the 5th largest economy in the world. Its 40 million people deserve world-class consumer protections in the financial marketplace. That requires an agency with a singular focus on protecting Californians against scams, frauds and predatory conduct.
Friday, May 15, 2020
Great job, California! Your high, continued support for social distancing and sheltering-in-place have helped reduce COVID-19's spread and lay the groundwork for state and federal plans to slowly re-open society.
The battle started almost six years ago. A Utah-based company known as Dan Farr Productions ("DFP") decided to use San Diego Comic Convention's ("SDCC") registered trademark COMIC-CON in conjunction with its own comic and popular arts convention, resulting in SDCC filing suit in the Southern District of California. SDCC alleged in its complaint that it has the exclusive right to utilize its COMIC-CON trademarks and has done so in connection with its comic convention since 1970.
Older adults were the first to be asked to stay at home -- but you are certainly not sitting out these challenging times during the COVID-19 pandemic. Even behind closed doors and face masks, you are meeting this moment and finding new ways to serve your community and support your loved ones.
The governor recently issued Executive Order N-51-20 which ordered private sector employers of more than 500 employees to provide "food sector workers" up to 80 hours of paid sick leave for health reasons related to COVID-19.
Thursday, May 14, 2020
Early in his second governorship, Jerry Brown championed a major overhaul of school finance that, he pledged, would close the stubborn "achievement gap" that separated poor and English-learner students from children of more privileged circumstances.
Tuesday, May 12, 2020
Under cover of the COVID-19 pandemic, Gov. Gavin Newsom is poised to sign off on a request to slash health care provider accountability for negligent, reckless and abusive conduct toward patients, which could harm elders, people with disabilities and people in marginalized communities. The governor needs to change his mind.
Friday, May 8, 2020
After the Great Recession of 2008, Congress enacted a federal stimulus package that bailed out the banking and auto industries. This time around, Angelenos and the American people need a bailout in the form of rent and mortgage forgiveness.
On Monday, May 4, 2020, the Supreme Court of the United States heard oral argument in United States Patent and Trademark Office v. Booking.com, B.V. For the first time in the history of the Court, the argument was live streamed via multiple outlets, including CNN, enabling us trademark junkies to listen to the argument in real time.
Thursday, May 7, 2020
About three-fourths of the Legislature's 120 seats are occupied by Democrats, which renders the Capitol's relatively tiny band of Republicans pretty much irrelevant.
Wednesday, May 6, 2020
As the political debate continues about whether to reopen the economy or maintain "stay at home" policies, many employers are working on creative solutions that enable extended remote work arrangements for larger segments of their workforces. Employers face many risks and challenges relating to managing remote workers under California law. Here are 10 considerations that may be helpful at this time.
For more than a decade, the State Water Contractors have heavily invested in scientific research to learn more about the Bay-Delta ecosystem and the endangered species that call it home.
Last week Gov. Newsom announced that eligible seniors throughout California could immediately get three free restaurant meals per day delivered to their door.
Eight years ago, former President Barack Obama issued an executive order, the Deferred Action for Childhood Arrivals program known as DACA, that gave more than 700,000 undocumented immigrants brought to the United States as children, like myself, a chance to pursue the American dream.
Before the coronavirus, Katie Self's days followed a predictable routine. At 5:00 a.m., she woke up her three children and got them ready for school. By 7:00 a.m., Self was hitting the books at Fresno City College, where she was studying to be a radiology technician. Classes and tutoring wrapped up just in time for her to do homework, clean the house and get dinner ready before picking her kids up from daycare at 5:00 p.m. Rinse, repeat.
When California legislators, decades ago, gave governors the power to declare emergencies and quickly deal with them, they probably had in mind sudden events such as earthquakes, wildfires or perhaps riots.
Tuesday, May 5, 2020
Heather Heckler was counting on buying census ads in four weekly newspapers that have long served Plumas County, located in the northern Sierra Nevada. As communications manager for Connecting Point, a public agency that received state funding, she hoped to boost the county's census participation rate, which was tracking below half the statewide average.
Federal, state, and local governments have responded to hardships the Coronavirus pandemic has wrought on businesses and their workers. Employment-related measures include new and expanded paid leave programs, in part designed to mitigate disruptions caused by school closures and other "stay at home" requirements.
Thursday, April 30, 2020
By the time public health officer Bela Matyas learned that the novel coronavirus was spreading in Solano County, the patient in her 40s was already on a ventilator.
There's an adage among civil rights activists that solutions come from those closest to the problem. That's especially true now.
In a matter of weeks, Dr. William Goral, a private practice ear, nose and throat specialist in San Bernardino County, will be out of business.
California's nearly 500 cities had been hurting financially even before the COVID-19 pandemic clobbered the state's economy and triggered a downward spiral of tax revenues.
Tuesday, April 28, 2020
The coronavirus pandemic is sending shockwaves through the global and national economy, and, without a doubt, reverberations from the pandemic will have a huge impact on state budgets across the country.
Fifty years ago, Americans celebrated the first Earth Day with hopes of "fixing" our broken Earth.
A party accused of infringing a patent may challenge the validity of the patent in the federal court infringement litigation or in separate administrative proceedings in the Patent and Trademark Office's Patent Trial and Appeal Board (PTAB). One of the methods available in the PTAB is an inter partes review (IPR), which was created by the America Invents Act.
Monday, April 27, 2020
Retirement is an important milestone that often comes after years (or decades) of careful planning. But even the most seasoned planners couldn't have foreseen the severe market selloff that happened in March in reaction to the COVID-19 pandemic.
As our leaders in Washington look to create a jobs program focused on national infrastructure investments to sustain the U.S. economy, their decisions will significantly impact our economic future, including the industries that will — and will not — receive a lifeline through federal stimulus dollars.
For many Asian Americans, the COVID-19 pandemic has become very personal, due to feelings of anger and fear. They have experienced verbal and physical attacks, and harassment because the coronavirus was first detected in Wuhan, China, and has been characterized as a "Chinese virus."
Friday, April 24, 2020
Gov. Gavin Newsom said Wednesday the state is partnering with philanthropic groups to provide disaster relief to undocumented immigrants affected by the coronavirus who have been left out of other pandemic assistance programs.
At Immigrants Rising, the Bay-Area nonprofit where I'm director of Research and Entrepreneurship, the early-stage entrepreneurs we support resemble a lot of other ambitious, millennial CEOs.
All of us are afraid of what the coronavirus pandemic means for our health and job security. My neighbors have said they've either been laid off, or live in fear of being laid off.
Every day that Californians heed official exhortations to remain in semi-isolation reduces the spread of coronavirus infections and, therefore, deaths from COVID-19, and will hasten the day that social and economic restrictions can be eased.
Last week, Gov. Gavin Newsom declared the obvious fact that "we are now in a pandemic-induced recession," and appointed an 80-member "Task Force on Business and Jobs Recovery" to guide our way back to prosperity.
Thursday, April 23, 2020
Last week, Gov. Gavin Newsom declared the obvious fact that "we are now in a pandemic-induced recession," and appointed an 80-member "Task Force on Business and Jobs Recovery" to guide our way back to prosperity.
As California scrambles to protect more than 150,000 homeless residents from contracting and spreading novel coronavirus, Gov. Gavin Newsom had some harsh words Saturday for cities he accused of blocking the conversion of hotels and motels for emergency housing.
Over the past several weeks, the COVID-19 pandemic has created images Americans never expected to see in this country: Empty supermarket shelves and people lined up outside of markets waiting to enter to purchase food.
Gov. Gavin Newsom announced last month that he would commit $150 million to addressing homelessness during the COVID-19 pandemic. Project RoomKey, in collaboration with local efforts, aims to shelter 50,000 of the state's more than 150,000 homeless people in hotels.
Wednesday, April 22, 2020
It's become dangerous for some Californians to stay at home during the coronavirus pandemic. Throughout California, families sheltering in place are cut off from school, work and friends — lifelines the most vulnerable rely upon.
Former White House Chief of Staff Rahm Emanuel famously said, "You never want a serious crisis to go to waste," meaning that one can be an opportunity to make previously unthinkable changes.
I conducted a deposition over Zoom (and survived).
Tuesday, April 21, 2020
Gov. Gavin Newsom says he sees light at the end of the coronavirus tunnel, when Californians regain "a semblance of normalcy," emerge from their homes, converse verbally rather than electronically and return to their jobsites.
The California Legislature's decision to suspend work until May 4 due to the coronavirus pandemic was a wise move. Some want to take it a step further, urging that all non-essential legislation be postponed until 30 days after the statewide "shelter in place" order has been lifted.
Monday, April 20, 2020
Dr. Noah Marco might never have known that he'd unwittingly admitted a COVID-19 patient into his Los Angeles area nursing home last month if his nursing director wasn't friends with her counterpart at another nursing home nearby.
Burbank High School runs a music program that reportedly provided the inspiration for the hit TV show, Glee. It is nationally known for the competitive show choirs its students participate in as part of the program.
Friday, April 17, 2020
Their schools sit just five miles apart on opposite ends of Southern California's notoriously busy Interstate 405, but the gap between their students' distance learning experiences so far has been vast.
In mid-March, a fear-induced global sell-off triggered by the COVID-19 pandemic ended the longest bull market in U.S. history -- leading us into our first bear market in 11 years. Bear markets are commonly defined as a decline of at least 20% from the market's high point to the low during the sell-off.
Thursday, April 16, 2020
As the rest of us hunker down in place or, donning our masks and gloves, venture tentatively outdoors, there is a subset of individuals particularly maladapted to this coronavirus pandemic lifestyle.
Richard Dobbs was coughing, feverish, and preparing to sleep on the sidewalk again. Dobbs, 60 and homeless in Sacramento for the past two years, had just been discharged March 28 from Sutter Medical Center's emergency department, where he was given a test for COVID-19, the disease caused by the new coronavirus, and written instructions for how to self-isolate while he awaited the results.
On a recent morning in front of my house, I ran into a neighbor and her husband who were out walking their dog. We stayed 6 feet apart, of course.
California health care workers may qualify for discounted hotel rooms under a new arrangement Gov. Gavin Newsom announced Thursday as part of the state's ongoing effort to limit the spread of coronavirus.
The first few days of the coronavirus crisis revealed that the veneer of civilization may be thinner than we assumed.
Wednesday, April 15, 2020
It may seem that the coronavirus crisis has been with us forever, but it's been less than a month since California's officialdom began imposing a quasi-quarantine to reduce the toll on human life.
The coronavirus pandemic has been a time of heroism: medical professionals saving lives, workers checking people out at the grocery, public officials preparing their communities. Many of these heroic actions, though, are happening in spite of the economic and government systems that we had in place before the crisis.
Gov. Gavin Newsom has assembled an unusual alliance of corporations and nonprofits and leveraged California's massive buying power to reach a deal that will bring hundreds of millions of masks and other protective equipment to hospital workers battling the coronavirus.
Tuesday, April 14, 2020
For California's seniors, the coronavirus pandemic is an especially terrifying crisis. For the state, it is also a powerful signal that gaping loopholes in protections for this vulnerable and growing population must change.
Monday, April 13, 2020
Blood tests for antibodies to the novel coronavirus will be "foundational, fundamental," to sending Californians back to work, California Gov. Gavin Newsom said on Monday.
In response to the severe economic fallout stemming from the COVID-19 pandemic, a record $2 trillion fiscal stimulus package was enacted at the end of March.
Friday, April 10, 2020
Sue Swezey, 83, has spent the last three weeks at home caring for her son John, who is 57 and severely autistic. John needs 24-hour supervision. He cannot cross a street safely. The other day, he used a metal fork to unstick a piece of bread stuck in an electric toaster. His mother rushed in to pull the plug.
In 2006, California's pledge to build 1 million solar energy systems on homes, schools, farms and businesses was visionary and audacious, but achievable.
The Centers for Disease Control and Prevention on Friday recommended every American wear a face mask while in public to protect against contracting coronavirus.
Thursday, April 9, 2020
In a virtual Q&A last week hosted by CalMatters, two of California's top education leaders gave parents and teachers advice on how to educate students while schools remain physically closed.
The $2 trillion stimulus package will offer relief to many Americans affected by the economic downturn from the coronavirus pandemic, but the checks meant to ease the financial hardships won't help families like mine.
Wednesday, April 8, 2020
As the coronavirus social isolation net tightens, college professors and students face an unprecedented challenge. How do they continue teaching and learning when school buildings have closed?
We've all seen slow motion video clips of horrific damage from head-on automobile collisions staged in auto safety testing facilities.
The global pandemic notwithstanding, most California owners are still on the hook to pay their property taxes next week — thus far, the state isn't granting any reprieves.
Tuesday, April 7, 2020
First with a tweet, then a news conference and interviews, President Donald Trump showed that he is considering trading American lives in the coronavirus pandemic for a healthier economy: "We can't have the cure be worse than the problem."
Monday, April 6, 2020
Since late 2017, women politicos in California have been on an impressive electoral winning streak, gaining a dozen seats in the Legislature and a bushel of victories in mayoral contests from San Francisco to Costa Mesa.
California's political watchdog agency is rethinking state rules allowing elected officials to solicit donations to nonprofits, following a Calmatters investigation into millions of dollars raised by state politicians for charities controlled by them, their relatives or their staff.
Across California, local leaders are making decisions about how to manage the parks, beaches and trails that many of us flocked to at the beginning of the state's sweeping stay-at-home order to contain the coronavirus.
A month ago, it would have been unthinkable to pay $50 for an eight-ounce bottle of hand sanitizer or $250 for a 50-pack of N95 masks. But as the nation began to grapple with the new reality of living under the threat of contracting the COVID-19 virus, the media spotlighted merchants selling these common (and vastly less expensive) items for outrageously high prices.
COVID-19 has precipitated a record drop in the stock market. Here are a few steps to consider.
Friday, April 3, 2020
With the closure of schools due to the coronavirus pandemic, I have watched incredible, innovative uses of technology to lift spirits and continue learning for students.
In Modesto, Claire Lazaro is working full time while caring for her kids with autism. She worries about just how much progress her kids stand to lose now that they're mostly without their critical hands-on services, such as her 11-year-old daughter's one-on-one aide and her 12-year-old son's inclusion specialist.
An unborn baby's DNA ("fetal DNA") can be used to determine the sex of the baby as well as to test for conditions such as Down's syndrome.
Wednesday, April 1, 2020
As states and the federal government wage a battle against the spread of the coronavirus, we also face a real threat to our democratic institutions.
The rapidly expanding COVID-19 pandemic threatens the lives and livelihoods of Californians, but it also lays bare some multi-billion-dollar shortcomings in state government finances that have been ignored for decades, despite many warnings.
On Wednesday afternoon, Gov. Gavin Newsom took his now-usual spot behind a podium in Sacramento for a livestreamed news conference and rattled off a dizzying list of statistics.
As California officials desperately try to slow the spread of the novel coronavirus, Chris Miller is coaxing a sample of the virus to grow in a secure laboratory at UC Davis.
Tuesday, March 31, 2020
One of the most important decisions facing Californians this November is whether to make any changes to Proposition 13. While voters continue to give Proposition 13 an overwhelming nearly two-thirds approval rating, there are serious questions about whether the tax cap still accomplishes more good than harm.
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 lawyers do not become familiar with their firm's lawyer professional liability, or LPL, insurance policies until it is too late.
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.
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."
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
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.
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.
Wednesday, March 18, 2020
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.
Throughout California, local government and school officials have been stunned by voters' reluctance this month to approve new taxes and bonds.
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.
Employers must compensate employees for the time they spend waiting for management to inspect personal property before they leave work.
Three years with Donald Trump in the White House have been as horrific as we imagined they could be.
Monday, March 2, 2020
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.
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.
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.
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.
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.
Tuesday, February 25, 2020
The more or less official rationale offered by the state's Democratic politicians for moving our presidential primary election to March 3 was that the nation's most populous and diverse state should play a major role in choosing a challenger to President Donald Trump and compel candidates to pay attention to our issues.
The 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.
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.
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.
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.
Friday, February 21, 2020
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.
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.
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
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.
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.
Monday, January 13, 2020
The start of the new year is a great time to focus on your finances and put them into perspective.
The U.S. Supreme Court is once again being asked to determine the fate of the Patient Protection and Affordable Care Act.
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
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.
The U.S. Court of Appeals for the Federal Circuit has upended divided patent infringement.
Three appellate courts recently reached different conclusions regarding whether a claim for contractual indemnity "arises from" protected petitioning activity within the meaning of California's anti-SLAPP statute.
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
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.
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
"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."
Even women who are famous for their mastery of a domain find themselves being mansplained.
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
DOJ should challenge court's legal findings or at least the draconian impact of its accompanying orders
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.
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
Fair warning: By reading this you will be plunging into the Legislature's almost impenetrably arcane thicket of internal procedures.
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.
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
States uncovered the 1,244 data breaches affecting 446 million records that occurred just last year.
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.
Thursday, May 23, 2019
At last count, California's Democratic political leadership had filed four dozen lawsuits against President Donald Trump's administration, reflecting differences on policies large and small.
Voters who supported Proposition 64 were duped by a bait-and-switch
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
Whether or not the Impossible Burger venture succeeds on a large scale remains to be seen
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?
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
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."
List of expenditures unavailable because financial data is scattered across 500 incompatible systems.
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
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.
The profit margin of scientific journal publisher Elsevier nearly 40% while Apple is only 23%
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.
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.
Proposed law may actually impede lactation accommodations for working mothers and promote litigation.
Thursday, March 14, 2019
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.
The Cadiz Water Project has received numerous validations of its plans, including CEQA approval
Wednesday, March 13, 2019
Efforts to shift direction and build more transit-oriented development are moving slowly
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.
Tuesday, March 12, 2019
Raghuram Rajan is a professor of finance at the University of Chicago. Rajan's book called "The Third Pillar: How Markets and the State Leave the Community Behind." Its theme is the fragility of democracy — a fairly radical notion for an economist.
TCJA offers tools and provisions for both commercial real estate and residential real estate investors.
Monday, March 11, 2019
Security excuses for gathering data increase our risk. They pile up and leach into unexpected places.
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.
Thursday, March 7, 2019
California's housing demand will not be met by stealing the profit motive from housing suppliers
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."
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.
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.
Wednesday, February 13, 2019
SF Ordinance requiring health warning labels on sugary drink ads runs afoul of 1st Amendment
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.
Tuesday, February 12, 2019
Californians make up only 12 percent of the U.S. population, but 25 percent of the nation's homeless.
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.
Tuesday, February 5, 2019
axing the wealthiest Americans at a higher rate may be good politics, since most voters won't be affected.
Advertisers and marketers once struggled to predict sales of such leisure products movies and books.
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
Former California Gov. Jerry Brown signed more than 1,000 new laws that go into effect this year.
Stocks came very close to entering a bear market on Christmas Eve, which was a very bad thing. Just about everybody said so.
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
A prominent economic story of the past year has been the growing tide of trade disputes across the globe.
OZ's offer preferential tax treatment when investing in economically distressed communities.
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 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.
The tea leaves suggest that the days of fiscal wine and roses for California government are over
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
1,800 businesses moved out or 'disinvested' from California, according to the most recent data
Law students and professors have gone to Tijuana to advise asylum seekers on their options.
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
Ruling allowing a much-needed pension reform would save California from fiscal disaster.
You've worked hard to accumulate your wealth and now want to share the fruits of your labor with your grandchildren.
Thursday, December 13, 2018
Facing NIMBY opposition Elon Musk, abandoned plans his for a hyperloop transportation system
Recently, officials in California announced that the Camp Fire, the deadliest wildfire in the state's history, had been fully contained. The achievement was made possible through the hard work of firefighters on the ground, with some help from above: a swarm of tiny, orbiting satellites that represent the next phase of the space age.
Tuesday, December 11, 2018
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
Every year about this time, I search the PTO database for any new patents on inventions related to Christmas. This year turned up several.
Focus on environmental, social, and governance investing costs potential returns
Wednesday, December 5, 2018
It's near impossible to fix our own stuckness because we all operate in our own blind spots
Stocks rose on Wall Street Monday after President Donald Trump and President Xi Jinping of China reached a truce in the countries' trade war.
Tuesday, December 4, 2018
Many people think the American political system is "broken" — but what if that's not true? The authors of a recent Harvard Business School report say that the Republican and Democratic parties constitute a duopoly: a wildly successful industry that has colluded to kill off competition, stifle reform and drive the country apart.
Young leaders bring passion, but that doesn't necessarily make up for a lack of wisdom
Friday, November 30, 2018
While still early in the regulatory process, Opportunity Zones are a boon for real estate investors.
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."
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
Climate scientist refutes Gov. Brown's claim of link between warming and recent wildfires
The San Diego Padres recently took control of the Amarillo minor league baseball organization. The organization will serve at the Padres' Double A affiliate.
Subscribing to Inter-City Express gives you access to Alameda County,
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