U.S. Supreme Court, Intellectual Property, Civil Litigation
Copyright ruling sheds light on stare decisis debate
By J. Max Rosen
In Allen v. Cooper, the U.S. Supreme Court unanimously held that the Copyright Remedy Clarification Act of 1990, which authori...
Intellectual Property, Civil Litigation
Ruling will make it harder to prove copyright infringement
By Dariush Adli
The 9th U.S. Circuit Court of Appeals has issued a ruling which will likely make it harder for copyright owners to prove infri...
Liability for serving alcohol
By Lars Johnson
I recently encountered a case involving a liability claim related to serving alcohol. The drinker’s intoxication was alleged t...
Real Estate/Development
Can a commercial tenant terminate its lease because it cannot operate due to a stay-at-home order?
By Joshua J. Borger
Businesses will lose billions of dollars because they cannot operate due to the coronavirus. People either will not enter reta...
Insurance
Can you sue insurance companies for emotional-distress damages?
By Richard J. Doren, Michael Holecek
The COVID-19 pandemic may give rise to a variety of novel insurance coverage disputes, and some of those disputes may include ...
Law Practice, Judges and Judiciary
Court actions to address COVID-19 could further spread COVID-19
By Oscar Bobrow
This past weekend, California Chief Justice Tani G. Cantil-Sakauye, with the approval of the Judicial Council, took several ex...
Government
If not now, when? Preventing and addressing homelessness in the eye of a pandemic
By Nisha Vyas, Matthew Warren
“Let’s call it what it is — a disgrace – that the richest state in the richest nation, succeeding across so many sectors, is f...
Government
California, federal government respond to concerns about price gouging during pandemic
By Scott Pressman, Allison M. Scott
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 N9...
Most of California is now suddenly sheltering in place under local orders to combat the Covid-19 virus and the economy has ent...
Entertainment & Sports, Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit hears argument on the NCAA’s amateurism rules (again)
By Jonathan Faria
The courtroom battle for control over the NCAA’s amateurism rules entered a new phase this month with argument before the 9th ...
How to hire CalPERS retirees the right way
By Steven Berliner
Many public agencies contract with the California Public Employees’ Retirement System, or CalPERS, to provide pension benefits...
While investigating and prosecuting insider trading violations is a fixture of SEC enforcement activity, enforcement actions a...
Government
How cities can fix dangerous properties and increase revenue
By Ryan Griffith
Almost every city or county has abandoned, fire damaged, or otherwise dilapidated properties. The majority of the time these p...
Tax
How to avoid property tax reassessment on transfers to children
By Bruce Givner, Owen Kaye
A family limited partnership is a great platform to accomplish several positive results.
Tax, Government
Coronavirus relief package provides good news for taxpayers
By Phil Jelsma
A summary of the Coronavirus Aid, Relief and Economic Security Act’s tax provisions.
Government, Constitutional Law
Meaningful oversight of largest relief bill ever is essential
By John H. Minan
The Coronavirus Aid, Relief, and Economic Act provides the largest fiscal stimulus in modern history and is estimated to cost ...
Constitutional Law
Essential business and the Second Amendment
By Ara R. Jabagchourian
On Friday, a lawsuit was filed challenging Los Angeles County Sheriff Alex Villanueva’s effort to shut down gun stores in Los ...
What government contractors in California need to know about force majeure and COVID-19
By Brandon Young, Antoinette Bedros
California, the largest purchaser of goods and services in the country—outside of the federal government—has been particularly...
Bankruptcy
COVID-19 Stimulus aims to make Chapter 11 easier for many more small businesses
By M. Douglas Flahaut, Justin A. Kesselman
The Coronavirus Aid, Relief and Economic Security Act significantly raises the debt ceiling for Chapter 11 debtors to elect to...
Real Estate/Development, Government
Mayor Breed issues proclamation providing protection to some commercial tenants
By CJ Higley, Jonah Trotz
San Francisco Mayor London Breed issued a proclamation providing eviction protection to certain small and medium sized busines...
Governor Newsom’s order is especially jarring. Unlike emergency declarations issued by his predecessors, Newsom’s order contai...
Government
Defense Production Act requires California businesses to ethically weigh whether to close
By Michael R. Rizzo
When the Department of Homeland Security released its March 19 guidance to state governments, it identified 16 critical infras...
Constitutional Law, Appellate Practice
State constitutions as independent sources of law
By Susan Yorke
When we call something unconstitutional, it often goes without saying what constitution we’re talking about — the federal one....
Labor/Employment, Civil Litigation, California Supreme Court
After ruling, employers should reexamine security procedures
By Elizabeth Arnold
Last moth, the California Supreme Court determined that time Apple retail store employees spent engaged in required searches o...
Labor/Employment, Civil Litigation, California Supreme Court
California Supreme Court limits effect of individual settlements on PAGA claims
By Paul S. Cowie, John Ellis
The California Supreme Court recently decided an important wage and hour case deciding whether an individual may still pursue ...
Intellectual Property, Civil Litigation
Trade secret suits remind businesses to consistently safeguard confidential information
By Travis J. Anderson, Bill Blonigan
In the realm of trade secret law, an ounce of protection is worth a pound of cure. Remove that protection, and a company may s...
Probate
Kobe Bryant’s failure to update his will and trust forces his widow into court
By Scott E. Rahn
On the heels of Kobe Bryant’s tragic passing in January, his widow, Vanessa Bryant, and the couple’s three minor children find...
Corporate, Administrative/Regulatory
At least for brick-and-mortar retailers, CCPA enforcement needs to take a sick day
By Monica Baumann
The need to delay CCPA enforcement is particularly acute for the state’s brick-and-mortar retailers. For many of them, this is...
In an unprecedented move, both the Internal Revenue Service and the California Franchise Tax Board recently took sweeping step...
Trade secret litigation on the rise in California: How ADR can help
By Elizabeth D. Laporte
Trade secret litigation in California is growing, in both volume and impact.