Articles

February 4, 2010: Exorcising Specter Of Aguilar With Spirit Of Twombly

February 4, 2010: Arrests Signal New Era in Enforcement

January 26, 2010: Clarifying Fiduciary Duty for Distressed California Companies

January 7, 2010: Overhauling Exec Comp, Corporate Governance Rules

January 2010: New Hurdles for N.J. Employers Seeking To Comply with Paid Leave Law

January 2010: California's Paid Family Leave Act Is Less Onerous Than Predicted

January 1, 2010: Preparing the Chinese Company for a Successful Listing in the USA

December 2009: "Limitations On Copyright Protection For Format Ideas In Reality Television Programming"

November 1, 2009: Russian Cinema
An Economic Overview

October 22, 2009: Cleantech Product Development
Are strings attached to Recovery Act Funds?

October 9, 2009: Make Someone a King for the Law

October 7, 2009: The FDA's New Reportable Food Registry

October 1, 2009: Fact Pleading After Ashcroft v. Iqbal
The Implications for Section 1 Cartel Cases

September 29, 2009: The Dirty Dozen - Part 2
Chain-of-title issues that may arise in the acquisition of rights for the production or development of a motion picture, video game or work dependent upon rights in copyright.

September 24, 2009: Bienvenue Sur eBay - Online Auctions for Counterfeit Luxury Goods Carry Different Risks In Different Jurisdictions

September 22, 2009: The Dirty Dozen - Part 1
Chain-of-title issues that may arise in the acquisition of rights for the production or development of a motion picture, video game or work dependent upon rights in copyright.

September 8, 2009: Savvy Use of Social Networking Sites
Understanding the potential uses of social networking sites should be considered when preparing for litigation

September 2009: California Supreme Court Weighs in on Privacy in the Workplace

August 18, 2009: Everything Lawyers Need to Know They Didn't Learn in Law School

August 13, 2009: Detecting Signs and Taking Action When a Loan Default Is Imminent

August 13, 2009: Employers Face Crackdown On Misclassification

July 29, 2009: Adapting Planning and Environmental Approaches to Meet the Challenges of an Urban Residential Mixed-Use Strategy for Smart Growth

July 29, 2009: Setting Precedent: Lessons from Chrysler
The sale of substantially all of Chrysler's assets closed, just 42 days after the automaker filed for bankruptcy protection.

July 24, 2009: Federal and New York State Minimum Wage Increases to $7.25 Per Hour on July 24, 2009; Minimum Wage for Tipped Restaurant Servers and Other Servers Increases to $4.65

July 20, 2009: Mentors: Robert Gerber
A Shoulder to Learn On

July 20, 2009: Judgment Secured: Now What?
‘Koehler’ provides greater New York state access to banks for collection.

July 16, 2009: The Risks Of Online Auctions, Counterfeit Goods

July 10, 2009: An Update on Wind, Solar Energy on Public Lands
Challenge in managing the demand for the use of public lands for wind and solar development.

July 2009: Can Intentional or Knowingly Reckless Misuse of Copyrighted Material Be Considered “Fair Use?”

June 26, 2009: The FTC’s Continuing Challenge to Reverse Payment Patent Settlements in the Pharmaceutical Industry

June 22, 2009: Avoiding Or Living With Patent Exhaustion

June 19, 2009: Does Edwards v. Arthur Anderson Bar The Use Of Employee Confidentiality Agreements?

June 12, 2009: Is Obama the New Trust-Buster?
The Justice Department is looking into whether firms agreed to refrain from recruiting each other’s top talent.

June 8, 2009: Electronic Records Mandates May Clash With Privacy Laws
Patchwork of state laws adds complexity.

June 1, 2009: Can Gender Discrimination or Provocative Dress Requirements Ever be Appropriate for Your Employees?

May 1, 2009: When Good Leases Go Bad: Workout Strategies for Landlords and Tenants

May 1, 2009: Foreign Matters: How to obtain recognition of foreign-court judgments

Spring 2009: Lender Liability: Taking Stock in an Uncertain Time

April 28, 2009: An Advertising Face-Off
Images and the Right of Publicity

April 27, 2009: Some Employers Are Seeking Alternatives to Layoffs
Work force reductions are expensive and can hurt a company’s future.

April 24, 2009: The Athlete Endorsement Game
Securing a high-profile endorsement often requires lengthy negotiation and comes at a high cost of entry.

April 6, 2009: Ninth Circuit Report: Raymond Edwards II v. Arthur Andersen LLP

April 3, 2009: Consolidation in Cleantech

April 2009: Let's Face It-Business Is Not As Usual

April 2009: Let's Do Lunch: Court of Appeal Decision Under Review

April 1, 2009: Purchase and Sale of Distressed Real Estate-Secured Loans

April 1, 2009: Real Estate-Secured Loan Workouts: The Borrower’s View
The author discusses potential loan workout objectives, strategies and structures from a borrower’s perspective.

April 1, 2009: Real Estate Loan Workouts
Issues in Shared Appreciation Mortgages

April 1, 2009: New Hotel Projects May Have No Choice But to Go Green

April 2009: What Impact, If Any, Do the New Family and Medical Leave Act Regulations Have in California?

April 1, 2009: China Combats Tax Treaty Abuse
Taxing Authorities Focus on Substance Over Them

March 30, 2009: What's New with the Financial Stability Plan?

March 26, 2009: Limiting Liability in Clinical Trials: Non-Lawyers, Lawyers Beware

March 20, 2009: Developing a Foreign Filing Strategy

March 11, 2009: Many Hope to Bring the Fairness Doctrine Back From the Dead

March 10, 2009: Sharp Increase in Rule B Attachments as a Result of the Turmoil in the Shipping Industry

March 3, 2009: A New Game Plan
9th Circuit Court of Appeals struck down a California law banning the sale or rental of “violent video games” to minors and requiring such games to be labeled “18”

March 3, 2009: For Artists With Original Works, It's Buy Now or Pay Later
Registering a copyright in the work soon after it is created.

March 2, 2009: Getting Deals off Ice

March 2009: Identifying Viable Postaward Bid Protest Allegations At The GAO

March 2009: When Good Leases Go Bad: Workout Strategies For Landlords and Tenants

March 1, 2009: SB 375 - Lion or Mouse?

March 2009: Subleasing Concerns

February 23, 2009: Global Climate Change and Endangered Species Act Practices
Effects to plant and wildlife species and habitat attributed to global climate change have implications for how the federal government administers and complies with the Endangered Species Act.

February 20, 2009: Biotechnology Leasing Issues

February 18, 2009: Have A Company To Sell In The Down Economy? Think ESOP

February 13, 2009: Citi Field: What's In A Name?

February 12, 2009: Term Asset-Backed Securities Loan Facility

February 12, 2009: Troubled Asset Relief Program – Update

February 9, 2009: Shipping Industry Problems
The Rise of Rule B Attachments

February 5, 2009: The War of Art
Due Diligence is needed prior to Sale of Artwork.

February 2009: The Digital Countdown

February 2009: Purchase and Sale of Distressed Real Estate-Secured Loans

February 1, 2009: Subleasing Concerns

February 2009: Subleasing Concerns

February 2009: When Good Leases Go Bad: Workout Strategies for Landlords and Tenants

January 20, 2009: IP Due Dilligence
Even More Critical in a Troubled Economy

January 15, 2009: New York WARN Act Goes Into Effect On February 1, 2009

January 5, 2009: Dealing With Trouble Companies: Does Purchasing Assets Avoid Seller Liabilities?

January 1, 2009: Implications of Aristocrat v. IGT for Software Patents

December 17, 2008: The FAR’s ‘Contractor Business Ethics Compliance Program And Disclosure Requirements' Require Significant Changes For All Government Contractors And Subcontractors

December 15, 2008: Compound Solutions
Changes in Chemical Regulations

December 15, 2008: Regulatory Relay
New Rule Imposes Novel Risk for M&A Transactions involving Government Contractors

December 2008: Fair Use And The Right Of Publicity: A Search For A More Balanced Approach

December 1, 2008: A Legal and Economic Justification for a Uniform Pole Attachment Rate, Part II
The Industry Players React

Fall 2008: It's Not Just Make-Believe Anymore

December 1, 2008: Common Legal Issues that Confront Hotel Operators

November 26, 2008: Searching for Procedural Clues
It may be unwritten, but there is a procedure for handling Northern District subpoenas related to extra-district actions

November 26, 2008: Capital Purchase Program – Non-Public Financial Institutions

November 20, 2008: Capital Purchase Program - Publicly Traded Financial Institutions

November 20, 2008: Do Google's Losses in Germany Mute the Perfect 10 Party?

November 11, 2008: Solar Energy System Financing Mechanisms

November 10, 2008: Why US Web Site Owners Should Watch Foreign Suits

November 5, 2008: Ninth Circuit Report: ESS Entertainment 2000, Inc. d/b/a Playpen v. Rock Star Video, Inc. et al.

November 1, 2008: Virtual Currency: Regulation and Taxation Issues

October 28, 2008: Service With A Smile
A Vote for Pro Bono Service

October 14, 2008: Recapturing Ownership Through Copyright Terminations

October 3, 2008: Breaking Up Is Hard To Do 'Business Divorces'

Fall 2008: The Cartwright Act at 100 - A History of Complementary Antitrust Enforcement - A Celebration

Fall 2008: One Hundred Years in the Making: The Cartwright Act in Broad Outline

September 30, 2008: Dealing With 'Rogue Reality'
Unwanted Side Effects in Video Game Design

September 25, 2008: ADA Amendments Act of 2008 Signed Into Law

September 23, 2008: Earnouts: Love 'em or Leave 'em

September 22, 2008: Let's Do Lunch: The Effect of the "Brinker" Decision on Meal And Rest Periods in California

September 17, 2008: Are You Ready for XBRL?
Public Companies and the SEC's New Language

September 15, 2008: M&A Confidential: The Role of Nondisclosure Agreements

September 10, 2008: When the Government Knocks
Think the government will never investigate your business because it is "clean"? Think again.

September 3, 2008: Ninth Circuit Report: Omega S.A., v. Costco Wholesale Corporation

September 1, 2008: Assessments: California Supreme Court Raises the Bar in Silicon Valley Taxpayers Case

September 1, 2008: Foreign Acquisition Playbook

September 1, 2008: Troubled Lessors: Implications of Lessor Insolvency on Vendors, Assignees, and Lessees

September 1, 2008: Export Controls For Technologies Described in U.S. Invention Disclosures

September 2008: Patent Suit Brings Question of Immunity Before Supreme Court

August 22, 2008: Effective Urban Fringe Planning: A Case Study of the 2007 San Diego Wild Fires

August 11, 2008: Enforcing Restrictive Covenants in Times of Layoffs
Can employees have their cake and eat it too?

August 6, 2008: New York Statute Bars Non-Competition Provisions in the Media Industry

August 5, 2008: Court Decision on Meal Periods, Rest Periods and Off-The-Clock Work is Absolutely Attention-Getting

August 1, 2008: Patent Application Foreign Filing Licenses
Export Control for Sensitive Technologies Described in Patent Applications

July 30, 2008: New SEC Antifraud Rule
Utmost Tool in Subprime Crisis?

July 21, 2008: Court Upholds Unequal Wage Suit Based Upon Unfair And Unequal Shift Assignments Brought By Female Server At Manhattan Restaurant

July 21, 2008: Hedgemony
The SEC's Anti-Fraud Rule Could Pose A Serious Threat to Hedge Funds Involved in Subprime

July 19, 2008: M&A Opportunities in the USA

July 16, 2008: Great Success! 'Borat's' Release Agreement Averts Liability

July 12, 2008: Maximize Your IPO

July 5, 2008: Break into the Overseas Market With M&A

July 2008: The Copyright Act's Preemption of Right of Publicity Claims

July 1, 2008: Condo Hotels As Securities
Has the Litigation Boom Begun

June 30, 2008: Noncompete Clauses in California
Using LLC membership interest to create enforceable provisions

June 23, 2008: Private Equity Funds Seek Health Care Acquisitions

June 11, 2008: Catching the Green Wave

June 5, 2008: 'I'm being deposed. Why take the Fifth? Why not?

June 4, 2008: It's Getting Easier Being Green

June 1, 2008: Summary of HEART Law
U.S. Expatriation Tax Provisions

June 1, 2008: House Okays Watered Down PRO IP Act

June 2008: Court of Appeals Says Rambus Did Not Deceive Standard Setting Organization

May 27, 2008: Conquering Uncertainty in an Indefinite World: A Survey of Disputes Arising Under IDIQ Contracts

May 27, 2008: Supreme Court Affirms Right To Sue For Retaliation Under §1981
Extends Life of Plaintiff's Claim and Potential for Damages

May 2008: US Supreme Court Limits Attacks on Arbitration Awards

May 1, 2008: Designer Hotels Are In Fashion: But Care Should Be Taken To Avoid A Major Faux Pas

May 1, 2008: Selectivity + Formal Training + Day-to-Day Feedback on Serious Work = Improved Attorney Retention

April 21, 2008: Patent Pools
Legal Structures that Combine Rights Foster Development of New Technologies but Could Raise Competitive Concerns

April 1, 2008: Reasonable Royalties During Pendecy of Stayed Injunction May Exceed Pre-injunction Rate

March 25, 2008: Repairing the Lives of the Wrongfully Accused Is No Simple Task

March 17, 2008: Securities Law: Courts Interpret 'Tellabs'

March 15, 2008: The Global Warming Solutions Act (AB 32): Raising the Temperature of California Business

March 2008: US Courts Increase Use of Compulsory Patent Licenses

March 1, 2008: Reach of Foreign Corrupt Practices Act Exceeds Grasp

March 1, 2008: Arbitrating Hotel Management Agreement Disputes: Beware of "Arbigation"

March 1, 2008: Are Your Bylaws Ready for E-Proxy?

February 8, 2008: Standing Novation
When Government Contractors Acquire A Company

February 6, 2008: Ninth Circuit Report: Krinsky v. Doe 6

February 2008: First in Line, Registration before Litigation

February 1, 2008: Court Finds Famous Foreign Trademarks Protectable

January 31, 2008: Leadership Liability: Protecting Directors, Officers From Exposure to Patent Infringement Damages

January 15, 2008: High Court Could Reshape Employment Practices

2008: Ninth Circuit Report: Leadsinger, Inc. v. BMG Music Publishing, ET Al.

January 1, 2008: US Supreme Court to Clarify Patent Exhaustion Doctrine

December 20, 2007: Enforcing and Evading Non-Competition Agreements In California

December 18, 2007: Ninth Circuit Report: K and N Engineering, Inc. v. Bulat

December 6, 2007: DOT Finds Unjust Discrimination in Terminal Rents at LAX

December 3, 2007: Second Life Raises Novel IP Issues

December 1, 2007: State and Local Paid Leave Laws: New Statutes and Trends in Legislation

December 1, 2007: New Developments in State and Local Paid Leave Laws
Connecticut and San Francisco are paving the way in requiring all employers to give paid sick leave.

November 15, 2007: The Global Warming Solutions Act (AB 32): Raising the Temperature of California Business

November 14, 2007: The Global Credit Crunch: A MAC?
The Material Adverse Change Clause

November 1, 2007: Assessing Personal Jurisdiction in Patent Litigation Actions

November 1, 2007: Business Method Patents Curtailed By Court

November 1, 2007: "Waiting Period" - Too Important Not to Ignore

October 31, 2007: CEQA and Climate Change: Is Your EIR Defensible?

October 31, 2007: A Tale of Two Airports
Why DOT Found Unjust Discrimination Against Airlines at LAX But Not at Newark

October 30, 2007: Monopoly Money: Legality of Bundled Discounts Under the Antitrust Laws

October 29, 2007: When Copyright and Trademark Infringement Goes Online
Can search engines and credit card companies be secondarily liable?

October 8, 2007: Rolling Back Past Reforms
Those Wanting More Disclosure Need to Recall the Reasons for Earlier Changes

October 1, 2007: Suggestions On Regulatory Compliance With The New Anti-monopoly Law For Multinational Companies In China

September 17, 2007: Five Common Wage and Hour Mistakes That Could Cost Your Company Millions

September 10, 2007: When Keywords Trigger Sponsored Links, Be Mindful of WhenU and the Split in the Circuits Before Choosing Your Forum Court

September 2007: Beware the US Deposit Requirement

September 1, 2007: Diligent Diligence: 10 Employment Steps That Will Help In Corporate Transactions

September 1, 2007: Impact of New Anti-Monopoly Law of PRC on International Mergers and Aquisitions

September 1, 2007: Words to the Wise: Notes a fourth-year associate wishes she could have given to her first-year self.

September 1, 2007: Expanded Protections for Directors Navigating the 'Zone of Insolvency'

September 1, 2007: Analyzing Climate Change Under CEQA in a Climate of Uncertainty

August 15, 2007: Exit Strategies
Companies in joint ventures need to prepare for a parting of the ways

July 30, 2007: Italy's the New Merger Magnet
A burst of reform is changing the country’s reputation as a clubby, protectionist economy.

July 2, 2007: The Supreme Court Opens the Door to More Patent Challenges
MedImmune, Inc. v. Genetech, Inc., 127 S. Ct. 764 166 L. Ed. 2d 604 (2007)

: Watch Your Step: A Contractors Guide to Revolving-Door Restrictions

June 8, 2007: The Poetry of Patent Claims

June 6, 2007: Investors Are Looking South Of the Border for Good Deals

June 1, 2007: The Compensability of Home-to-Work Travel Under the Employee Commuting Flexibility Act

May 31, 2007: Airline Challenges to Airport Abuses of Economic Power

May 29, 2007: The Use and Misuse of Motions to Stay the Project in CEQA Litigation

April 28, 2007: The Continuing Saga Of Specialty Metals - Nothing Is Ever So Bad That It Cannot Be Made Worse

April 23, 2007: Adding Onto eBay
With 4th Circuit decision, new uncertainty about injunctions extends to copyright cases.

April 18, 2007: Backing Out
Three decisions concern whether plaintiffs may assert class claims rescission under Truth in Lending Act.

April 16, 2007: A Slalom Course for Foreign Investors
Selling an aerospace or defense company to a buyer outside the U.S.? It’s tricky, but it can be done.

April 9, 2007: May a Court Consider Competing Inferences of a Defendant's State of Mind in Determining Whether the Complaint Pleads a 'Strong Inference' of Scienter?

April 5, 2007: Just One Good Idea
Companies Should Go Back to the Basics When Licensing Intellectual Property Assets

March 28, 2007: Coordinated Enforcement
Protecting and enforcing IP rights against international counterfeiting and piracy

March 19, 2007: Electronic Discovery: New Rules Also Affect E-Discovery of Nonparties

March 6, 2007: M&A Implications for Acquisitions of Small Business Government Contractors

March 5, 2007: How Much Is Land Worth In Baseball's Domain?

February 28, 2007: The Top 10 Ways Copyright Law Can Ruin Your Transaction

February 27, 2007: 2007 Construction Law Update

February 6, 2007: Split Widens Between State and Federal Courts on Assignee Issue

January 26, 2007: 2006 Corporate Transactions

January 3, 2007: Images of Fair Use: A Fair Use Jury Trial

November 28, 2006: Fox v. Dastar Redux
Can President Eisenhower's work as an independent contractor be a work-for-hire under the copyright law?

November 28, 2006: Supreme Court Report: e-Bay v. MercExchange

November 28, 2006: Ninth Circuit Report: Au-Tomotive Gold, Inc. v. Volkswagen of America, Inc.

November 28, 2006: Ninth Circuit Report: Altera Corp. v. Clear Logic, Inc.

November 22, 2006: Taking Confusion Past Hearsay Hurdle

November 15, 2006: Recent Legislation On Award And Incentive Fees - Why Congress Thinks That 'Satisfactory' Performance Is Unacceptable And DOD Is Caught In The Middle

November 8, 2006: A Safe Harbor In E-Discovery

November 3, 2006: An Overview of Corporate Governance Today

November 2, 2006: Court Will Wrestle With Standard for Obviousness in Patent Cases

November 1, 2006: Orphan Works - U.S. Developments

October 31, 2006: Washington Communications and Media Update - October 31, 2006

October 26, 2006: New Rules Provide Businesses Little Aid With Privelege Issues

October 25, 2006: Berry Amendment 'Reform' - The Sound and The Fury

October 12, 2006: Government Shows Its Hand in Legislation to Curb Internet Gambling

October 10, 2006: Federal Litigators Face New Burdens in E-Data Discovery

October 9, 2006: A National, Uniform Paper Trail for Drugs?

October 2006: Sharing Documents under the Common Interest Doctrine in IP Due Diligence Investigations

September 30, 2006: Washington Communications & Media Policy Update - September 30, 2006

September 26, 2006: Indecency Regulation: Is Internet Video Next?

September 25, 2006: Delaware Decision in Disney Sets Forth Parameters for Duty of Good Faith

September 25, 2006: A New Roll of the Dice

September 14, 2006: Pulling Rank

September 13, 2006: The FCC's Latest Indecency Rulings - Wardrobe Malfunctions and Beyond

September 11, 2006: Regular Rate of Pay: Avoiding Common Mistakes in Calculating Overtime Pay in California

August 31, 2006: Into the Honey Trap?

August 31, 2006: Washington Communications and Media Update - August 31, 2006

August 28, 2006: OECD Sets Guidelines for Genetic Invention Licenses

August 24, 2006: Mixing It up on the Web: Legal Issues Arising from Internet "Mashups"

August 21, 2006: License to Litigate

August 17, 2006: Nutragenomics: Nexus of Value for the Nutraceutical Industry

July 31, 2006: Washington Communications Media Policy Update - July 31, 2006

July 25, 2006: Gain the Most by Charging the Least: The Benefits of Committing to Pro Bono Service

July 20, 2006: Chain of Title Review Is a Major Hurdle for Film Investors

June 30, 2006: Washington Communications Media Policy Update - June 30, 2006

June 30, 2006: Avoiding Minefields Inherent in Buying Another's Trademark

June 2006: Hiring & Firing Without Liability

June 13, 2006: Extra-Territorial Reach of U.S. Antitrust Laws to Foreign Firms

June 13, 2006: Who's to Blame? 'Baird' Clears Way for an Answer

May 31, 2006: Washington Communications and Media Update - May 31, 2006

May 25, 2006: Should You Be Neutral on "Net Neutrality"?

May 18, 2006: That's Advertainment!

May 15, 2006: Courts Cling to Tradition on CAFA Removal Burden

May 11, 2006: Selective Summary of Tax Reconciliation Bill as of May 11, 2006

May 8, 2006: A Tale of Two Towers

May 4, 2006: Secured Financing of U.S.-Based Loans in Mexican Transactions Enhanced By Use of Mexican Trust

May 1, 2006: Federal Computer Employee Exemption: Are You in Compliance?

April 28, 2006: Washington Communications and Media Update - April 28, 2006

April 24, 2006: 'Pound' Asserts a Strict Line in Successive Representations

April 11, 2006: California LLC Fee Unconstitutional; Filing Protective Claim for Refund

April 10, 2006: Who Protects the Intellectual Property of your Business?

April 10, 2006: How Proposed Act Would Affect Biotech Industry

April 6, 2006: Courts Need to Constrain Fiduciary Duty to Narrow Class of Relationships

April 3, 2006: Forum Selection Clauses

March 31, 2006: Law is in Flux Over Internal Governance of Foreign Firms

March 28, 2006: Washington Communications Media Policy Update - March 28, 2006

March 17, 2006: Arbitrators Hearing Grievances Under The National Football League's Collective Bargaining Agreement Should Require Greivances To Be Timely Filed

March 10, 2006: How to Know When You're in Too Deep With the Feds

March 3, 2006: Supreme Court Report: Metro-Goldwyn-Mayer Studios Inc. et al. v. Grokster, Ltd., et al. 125 S. Ct. 2764 (2005)

March 2, 2006: Money Matters

February 28, 2006: Washington Communications Media Policy - February 28, 2006

February 22, 2006: Contractual Duty to Defend Is Independent of Jury Findings

February 15, 2006: Fluidity of Test Factors Makes Trademark Cases Hard to Pin

February 10, 2006: Uncle Sam isn't in the express lane

January 31, 2006: Washington Communications Media Policy Update - January 31, 2006

January 30, 2006: Why Trust Justice To Amateurs?

January 27, 2006: Eight Things to Know Before a Contractor Goes Global

January 23, 2006: Immigration Woes in the Workplace

2006: Setting A Higher Standard: The FTC Takes a Tougher Stand on the Ways IP Owners Try to Influence Standard-Setting Organizations

December 23, 2005: Deferred Compensation: Section 409A Action Steps for 2005

December 7, 2005: The Federal Circuit Cracks Down on DNA Inventions of Uncertain Utility: The Fisher Case

December 1, 2005: No Good Deed Goes Unpunished: Obstacles and Ironies in Dedicating Conservation Land in California, California Land Use Law Reporter

November 28, 2005: Trends in Real Estate and Title Insurance

November 21, 2005: Leveraged Transactions in Changing Terrain

October 25, 2005: Lawyer Sings Praises of His Practice: What a Wonderful Word

October 7, 2005: Can this Business Marriage be Saved? Should It Be?

: adbriefs - Fall 2005

September 14, 2005: Patent-Reform Bill Promises Changes to Transform Law

September 1, 2005: Domestic-Violence Victims Deserve Uniform Asylum Rules

August 25, 2005: Make Sure Contractual Limits On Liability Are Enforceable

August 16, 2005: It's Time to Establish a Deferred Compensation Insurance Plan

August 9, 2005: California Antitrust & Unfair Competition Law Book

July 20, 2005: Professionals Learn From 'Movitz' That Disclosure Rules Always Rule

July 18, 2005: Ride-through Revisited (Again) - The Strategic Use of the Ride-through Doctrine in the Post -Catapult Era

July 18, 2005: Antitrust Attorneys Grapple with Impact of 'Booker'

July 12, 2005: Supreme Court Gets Into Split Over Class-Action Arbitrations

June 30, 2005: Document Retention Policies Remain Crucial in Wake of Supreme Court’s Andersen Ruling

June 25, 2005: Message in Music Copyright Disputes: Move Over, Juries

June 24, 2005: GAO protests: Right and wrong ways to claim 'foul'

June 22, 2005: What Do The 2005 Bankruptcy Amendments Mean For The Healthcare Industry?

June 6, 2005: How To Protect Your Company From Employment Class Actions

June 1, 2005: He Said/She Said

May 17, 2005: New Transportation Fee Threatens to Cripple County's Commercial, Industrial Development

May 5, 2005: New Law Deters Abuse of Class Action Suits

May 4, 2005: The Top Five Excuses for Not Doing Pro Bono Work, and Why They're All Bad

April 30, 2005: Pharmaceutical Research Tool Patents: Value Hanging in the Balance

April 29, 2005: Electronic Storage and Signature of Forms I-9: Interim Guidelines Are Issued

April 27, 2005: Mocking Juries

April 27, 2005: Parry the Arbitrary

April 26, 2005: Unpaid Volunteers Are Not Employees Under The Fair Employment And Housing Act

April 21, 2005: Financing Government Contracts / Edition II Part II

April 21, 2005: Financing Government Contracts / Edition II - Part I

April 19, 2005: Intellectual Property As Collateral: What's Being Left On The Table

April 18, 2005: Whistleblower Protection Pitfalls

April 15, 2005: Case Tests Validity of Class Action Waiver in Arbitration

April 11, 2005: Supreme Court Opens Door For New Age Discrimination Claims

April 8, 2005: Help Is On The Way: The DLSE Publishes Modified Meal And Rest Period Regulations

April 1, 2005: Secure Your IP Rights For Data, Software

April 1, 2005: The Year in Review: Annual Construction Law Update

March 29, 2005: Bank Not Liable For Aiding And Abetting, Absent "Actual Knowledge Of The Underlying Wrong"

March 23, 2005: Incentives for Employees of Privately-Owned Businesses: The Three Rs

March 22, 2005: Conversion and Collocation: Viable Tools for Increasing Housing Supply, San Diego Daily Transcript

March 14, 2005: Selling Your Business: Flying Solo or Finding an Investment Banker

March 14, 2005: Scrutiny After the Fact

March 9, 2005: Timing Can Be Everything: Court Holds That Applicants May Set Forth a Claim Based Upon the Timing of a Pre-Employment Medical Examination

March 8, 2005: Employers Must Provide Public Records Uncovered During Investigations Into Employee's Wrongdoing Or Misconduct Within Reasonable Time

March 4, 2005: Class-Action Puts New Limits on Plaintiffs, Venue

March 4, 2005: Bankruptcy Considerations In Intellectual Property Licensing - Concerning The Unthinkable

March 3, 2005: Protecting Your Intellectual property, Vol. 1: Patents

March 1, 2005: California Court Holds That Employer May Charge Back Advanced Commissions When Agreed Upon Conditions Are Not Fulfilled

February 22, 2005: Have Redevelopment Agencies Gone Too Far Using the Power of Eminent Domain?

February 15, 2005: Rate "Lock In" Agreement Subject To Three-Day TILA Notice

February 10, 2005: Antitrust Review

February 9, 2005: New Employment Legislation for 2005

February 1, 2005: California Supreme Court Strikes Down Oakland's Predatory Lending Ordinance

January 31, 2005: The Must-Have Record: Board Meeting Minutes

January 21, 2005: Who's who in gov't contracting: A cast of characters

January 13, 2005: The Challenges of Infill Housing

January 7, 2005: Sheppard Mullin Antitrust Review Vol. 3, No. 1

January 3, 2005: Bank's Failure to Deposit InterPleader Funds With Court Waives Claim for Attorney's Fees

January 1, 2005: Refining the Source of the Risk: Suspension and Debarment in the Post-Andersen Era

December 28, 2004: Yield Spread Premium Irrelevant For Purposes of Predatory Lending Law

December 15, 2004: Absent Actual Knowledge Of An Inconsistency, Banks May Rely On Account Number Specified On An Incoming Wire Transfer

December 15, 2004: When Does An Employee Suffer From A "Serious" Health Condition Under CFRA?

December 13, 2004: Termination For Fear Of Complaint Is Unlawful Retaliation

December 9, 2004: Sheppard Mullin Antitrust Review Vol. 2 No. 12

: adbriefs - Winter 2004

December 3, 2004: So, you want to be a government contractor?

December 3, 2004: $1000 Cap On Damages For TILA Violations (Personal Property Loans) Remains In Place

November 30, 2004: Responding to the CCFA Whistle at DOL

November 19, 2004: Tax Benefit Granted to Wrongful Discrimination Plaintiffs

November 17, 2004: Toss Suits Affected By Proposition 64

November 16, 2004: New Rules Governing Restaurant Improvements

November 16, 2004: OSHA Adopts Procedures for Whistleblower Complaints

November 15, 2004: Important New Rules For Deferred Compensation Arrangements

November 10, 2004: Sheppard Mullin Antitrust Review Vol. 2 No. 11

November 1, 2004: Amendments To The Federal Sentencing Guidelines

October 29, 2004: Presentation Of Letter Of Credit Within Seven Days Not Necessarily "Reasonable"

October 29, 2004: New Tax Benefits Available for Film and Television Producers in the United States

October 28, 2004: Court Defines "Discharge" For Purposes of Waiting Time Penalties

October 20, 2004: Payroll Services Company Was Not Employer For Employment Tax Purposes

October 19, 2004: Employers Should Ensure Compliance With Election Requirements

October 14, 2004: Sheppard Mullin eVelopments Vol. 1, No. 2

October 7, 2004: Sheppard Mullin Antitrust Review Vol. 2 No. 10

October 5, 2004: California Court of Appeal Faults Employer for Failing to Accommodate Religious Beliefs and Observances

October 4, 2004: New Legislation Requires Sexual Harassment Training For Supervisors

September 29, 2004: Statewide Listing of California Tiger Salamander As A Federal Endgangered Species Took Effect on September 3, 2004, Critical Habitat Proposed

September 29, 2004: Ninth Circuit Raises the Level of Protection Afforded to Critical Habitat

September 10, 2004: SB 1661: California's Paid Family Care Leave Law

September 10, 2004: Confronting Cartels Proactively

September 9, 2004: Retroactivity Of Third Party Harassment Law Questioned

September 7, 2004: Sheppard Mullin Antitrust Review Vol. 2 No. 9

September 4, 2004: Information Technology: Giving Customers The Complete Picture

September 3, 2004: California Supreme Court Invalidates Use of Workers' Compensation Settlement to Release Non-Workers' Compensation Claims

September 1, 2004: Knowing "When to Hold Them and When To Fold Them": Negotiating The Fiduciary Challenges Facing Officers and Directors Post-Insolvency

August 26, 2004: California Supreme Court Decides Sav-On: No Change in Overtime Class Action Cases

August 25, 2004: Unfair-Competition Law Reform May Encourage Class Actions

August 25, 2004: Sheppard Mullin eVelopments August 2004

August 20, 2004: Employee Raiding and Unfair Competition: What Employers Need to Know

August 20, 2004: California Municipalities May Not Levy Taxes On Certain Companies Wholly-Owned By A Financial Corporation

August 19, 2004: Internet Litigation And The Battle To Protect Intellectual Property Rights

August 11, 2004: Additional Reporting Requirements On Form 8-K To Become Effective August 23, 2004

August 10, 2004: Sheppard Mullin Antitrust Review Vol. 2 No. 8

: adbriefs - Spring 2004

August 6, 2004: Plaintiffs Can't Avoid Facing Anti-SLAPP Motions' Merits

August 5, 2004: Major New ESA Decision Limits Mitigation the Services May Require

August 5, 2004: Employers Successful in Revising So-Called "Sue Your Boss" Law

July 28, 2004: Is Your Patent Counsel’s Work Privileged?

July 27, 2004: Land Use and California Environmental Quality Act Update

July 20, 2004: At-Will Provisions Do Not Protect Employers From Fraud Claims

July 15, 2004: 2004 Labor and Employment Legal Update

July 13, 2004: News From The Courts

July 12, 2004: Sheppard Mullin Antitrust Review, Vol. 2 No. 7

July 8, 2004: Consumer Protection Act Brings the Fight to Absentee Cybersquatters

July 6, 2004: Bank Not Entitled To Attorney's Fees In Pursuing Borrower For Waste

June 28, 2004: First District Makes It Harder For A Prevailing Defendant To Get Attorney's Fees Under CLRA

June 21, 2004: Non-Union Employees May No Longer Assert Weingarten Rights

June 16, 2004: Ellerth/ Faragher Affirmative Action Defense Extended to Claims for Hostile Work Environment, Constructive Terminations

June 9, 2004: Sheppard Mullin Antitrust Review, Vol. 2 No. 6

June 1, 2004: An Employer's To Do List: A guide to keeping up with California's workplace laws

May 14, 2004: Bank Mergers: Dissenters - Do State Appraisal Statutes Apply?

May 11, 2004: 12 Steps to Preparing Your Company for Its Banking Needs

May 11, 2004: Sheppard Mullin Antitrust Review, Vo. 2 No. 5

May 10, 2004: Real Estate - Tenant Estoppels

May 6, 2004: The Future of the Patriot Act

May 4, 2004: New Federal Anti-Spam Law, Will It Work?

April 30, 2004: All Employers Should Review Employee Classifications In Light Of New Overtime Regulations

April 26, 2004: OK To List Over-Limit Credit Card Charges Separately From "Finance Charges"

April 22, 2004: Sheppard Mullin Antitrust Review, Vol. 2 No. 4

April 21, 2004: Speciality Metals and the Berry Amendment - Frankenstein's Monster and Bad Domestic Policy

April 16, 2004: One-Year Statute Of Limitations Applies To Claims By Depositors For Payment Of Forged Checks

April 9, 2004: OK For Non-California Institution To Tape Telephone Calls With California Residents

March 18, 2004: California Court of Appeals Highlights and Employer's Need to Have Valid and Enforceable Arbitration Agreements

March 12, 2004: Senior Housing Options

March 11, 2004: Sheppard Mullin Antitrust Review, Vol. 2 No. 3

March 10, 2004: The New Federal Anti-Spam Act

March 3, 2004: The U.S. Department of Transportation Deregulates Computer Reservation Systems

February 26, 2004: United States Supreme Court Rejects Claim of "Reverse Age Discrimination"

February 12, 2004: Contractual Jury Waiver Clauses Ruled Unenforceable

February 10, 2004: Sheppard Mullin Antitrust Review, Vol. 2, No. 2

January 13, 2004: New Legislation Expands Protections for Whistleblowers

January 9, 2004: Sheppard Mullin Antitrust Review, Vol. 2, No. 1

January 9, 2004: Contracts Prohibiting Solicitation of Customers Post-Employment In Jeopardy

: Review D&O Liability Insurance Before Bankruptcy To Ensure Its Adequacy

December 15, 2003: Revisions to the Fair Credit Reporting Act Congress Addresses Empoyers' Concerns On Required Disclosure of Workplace Investigations

December 10, 2003: California Paid Family Leave - What You Need To Do As Of January 1, 2004

December 5, 2003: Employers "Do Not Rehire" Policy Upheld: Employee Terminated For Drug Policy Violation Need Not Be Rehired

December 5, 2003: Sheppard Mullin Antitrust Review, Vol. 1, No. 6

December 4, 2003: Price Scanner Accuracy Can Help You Avoid Significant Civil and Criminal Penalties

December 3, 2003: Bank's Credit Card Solicitations Not Eligible for Anti-SLAPP Protection

December 3, 2003: Liability Limitations For Anti-Terrorist Technologies Under the SAFETY Act

December 1, 2003: FTC ALJ Dismisses Standard Setting Complaint

December 1, 2003: Termination of an Employee for Lawful Off Duty Conduct - Is It Legal?

November 25, 2003: Sexual Harassment: California Supreme Court Reinforces Strict Liability Standard But Announces New Defense of "Avoidable Consequences"

November 21, 2003: Collective Bargaining Agreements Must Contain Clear and Unmistakeable Waivers of Employees' Rights to Sue

November 17, 2003: California Tiger Salamander Not Threatened With Extinction

: adbriefs - Fall 2003

November 14, 2003: San Francisco Votes To Increase Minimum Wage to $8.50 Per Hour

November 13, 2003: Employees Have a Duty To Cooperate During the Interactive Process

November 7, 2003: Sheppard Mullin Antitrust Review, Vol. 1, No. 5

November 4, 2003: New Court Ruling Prompts Employers to Review Their Profitability-Based Bonus Plans

: Director/Officer Liability in Event of Bankruptcy

October 23, 2003: New Employer Liability for Customer Harassment of Employees

October 14, 2003: Senate Bill 796: Free Reign for Private Bounty-Hunter Suits

October 11, 2003: Governor Signs New Leave of Absence Law

October 9, 2003: The Korea Supply Decision: Monetary Relief Remedies Under the UCL

October 7, 2003: Sheppard Mullin Antitrust Review, Vol. 1, No. 4

October 6, 2003: The Ninth Circuit Overrules Itself: Employers May Now Use Mandatory Arbitration Agreements As A Condition of Employment

October 1, 2003: The Commission Strikes Back: The FTC Task Force Report on the State Action Doctrine

September 25, 2003: Practical Tips for Sharing Privileged Information with a Prospective Buyer without Waiving the Attorney-Client Privilege

September 15, 2003: Eleventh Circuit Holds "Reverse" Payments To Settle Infringement Litigation Under Hatch Waxman Not Per Se Illegal

September 8, 2003: Sheppard Mullin Antitrust Review, Vol. 1, No. 3

September 2, 2003: False Claims Act Suits Should Concern Defense Contractors

September 1, 2003: Intellectual Property/Antitrust Issues

August 6, 2003: Sheppard Mullin Antitrust Review, Vol. 1, No. 2

August 1, 2003: Practical Tips & Considerations For Subcontract Negotiations: A Subcontractor's Perspective

July 30, 2003: Positioning Your Company for Sale: The Use of Sale Event Bonuses or "Phantom Stock" to Motivate Your Key Employees

June 26, 2003: Companies Using Unsolicited E-Mail Must Be Careful to Avoid Spam Laws

June 16, 2003: California Employer Found Not Liable for Harassment by Nonemployee

June 13, 2003: Newsflash - "One-Year Limitation Under TILA (Usually) Starts Running When Loan Documents Are Signed

June 11, 2003: Supreme Court Opens Door To "Mixed-Motive" Discrimination Claims

June 5, 2003: Employment Application Class Action Alert

May 30, 2003: Ninth Circuit Curtails Enforceability of Mandatory Employment Arbitration Agreements

May 28, 2003: California Antitrust and Unfair Competition Book

April 21, 2003: Diluting FTDA Claims: The Supreme Court Narrows The Federal Trademark Dilution Act, But By How Much?

April 1, 2003: False Claims Act

February 6, 2003: Loosening the Ties That Bind

January 6, 2003: The Internet May Take You Places To Defend A Lawsuit, But Not To California

November 4, 2002: New Disclosure Requirements Enacted For Publicly Traded Corporations Incorporated or Qualified To Do Business In California

November 1, 2002: The Enforcement of Residential Purchase Contracts

October 30, 2002: Mandatory Employment Arbitration Is Legal

October 19, 2002: New Construction Defect Legislation

October 10, 2002: California Breaks New Ground: Paid Family Care Leave

August 28, 2002: Million Dollar Verdicts! Why You Need to Know Who Owns the Copyright to the Construction Documents

July 17, 2002: Are Drug Addicts Disabled? Court Says Yes…And No

June 25, 2002: Supreme Court Rules That Employers Do Not Have To Provide Disabled Employees Jobs That Pose A Direct Threat To Their Health

June 8, 2002: Shift in Federal Court Jurisdiction Complicates Airport Development Litigation

May 21, 2002: Keeping Step with the USA Patriot Act

April 22, 2002: U.S. Supreme Court Issues Two Employment-Related Decisions

April 15, 2002: Yet More Paperwork? New Obligations for California Employers Performing Employee Background Checks

: Abandonment of Contract: No Longer a Viable Claim Against a Public Entity

March 29, 2002: SEC Presses for Expanded MD&A Disclosure

March 27, 2002: U. S. Supreme Court Narrows Definition of “Disabled” Under ADA

March 18, 2002: Layoffs, Downsizing & RIFS: How To Do Them Right

March 13, 2002: Important Developments in Natural Resources and Land Use Law During 2001 - Part 2

March 13, 2002: Important Developments in Natural Resources and Land Use Law During 2001 - Part 1

March 8, 2002: WCAB Adopts Stunning Reversal of Position Regarding Health Insurance Obligations To Employees on Workers' Compensation Leave

February 15, 2002: Commercial Landlords/Business Operators Beware: Legislature Quadruples Statutory Damage Award Available For Violations Of ADA

February 1, 2002: Land Use and Natural Resources: Point of View

January 29, 2002: Impact of New Water Laws on Development in California

January 11, 2002: Notice of Proposed Class Action Settlement and Settlement Hearing

January 1, 2002: Sheppard Mullin Unveils Mexico Practice Team

December 31, 2001: Sour Grapes: The Grape Vineyard Planting Industry Faces Heightened Scrutiny from Land Use Regulatory Agencies

December 21, 2001: New Court Decision On Section 7 Issues

December 10, 2001: Governor Signs New Park Measure

November 10, 2001: IWC Seeks to Clarify Uncertainty Regarding Salary Basis Rules

October 1, 2001: Oregon Ruling Casts Doubt on Threatened Status of California Salmon and Steelhead

September 24, 2001: Recent California Decision Highlights Uncertainty of Internet Law

September 21, 2001: Losing Employees to the Military: Employers' Obligations When Employees Leave to Serve in the Armed Forces

August 1, 2001: The Aguilar Case: Federal Law Comes To California

July 31, 2001: There's Good News and Bad News...Estate Tax Repeal and the New Tax Law

July 10, 2001: Labor Commission Rescinds Letter Addressing New Exemption Standards

June 13, 2001: Labor Commission Issues New Exemption Standards

May 10, 2001: The Structure of the California Coastal Commission

May 1, 2001: Coastal Development Permit Appeals: Surprise You've Got ESHA!

April 25, 2001: Clearing The Path To Arbitration

April 19, 2001: Ten Steps That Could Save Your Company

April 19, 2001: Humphrey Decision

March 15, 2001: U.S. Army Corps of Engineers Narrows the Impact of Recent Court Decisions That Attempt to Limit Clean Water Act Jurisdiction

February 27, 2001: Another Setback for Non-Competition Clauses

January 19, 2001: New Hart-Scott-Rodino Legislation

January 10, 2001: Solid Waste Energy Of Northern Cook County v. United States Army Corps Of Engineers

January 9, 2001: What The State Giveth, The Feds Taketh Away

December 26, 2000: New Disability Law

November 1, 2000: If It's Done Right, You, Too, Can Be An At Will Employer

October 15, 2000: Temporary Employees Now Easier Targets For Unions

September 28, 2000: Family Doctor

September 27, 2000: Regulation FD and Amendments to Insider Trading Rules

September 26, 2000: Employment Arbitration Agreements Are Legal Again - For Now At Least

September 21, 2000: How Valid Are Electronic Signatures in E-Commerce Transactions?

September 11, 2000: Mandatory Arbitration of Statutory Employment Claims

August 21, 2000: You Lost At Trial, So What?

August 4, 2000: Employee Rights to Representation at Investigatory Interviews

July 9, 2000: The Digital Looking Glass: Discovery, Retention and Admissibility of Electronic Evidence

June 26, 2000: Read My Mind - The Perils of Surfing the Web at Work

June 10, 2000: The Competitor Collaboration Guidelines: Old Wine in New Bottles

June 2000: Viruses, Hackers and Outages: Who Pays?

May 30, 2000: New Protections That Shift The Balance Toward Companies

May 15, 2000: Ten Tips To Reduce Your Legal Expenses

May 15, 2000: Class Action Alert!

April 17, 2000: Tenant Bankruptcies: What Commercial Landlords Need To Know

March 18, 2000: Keeping A Clean House

February 21, 2000: Is Your Independent Contractor Really An Employee?

January 10, 2000: Preserving The Record For Appeal: Top Ten Mistakes

December 13, 1999: Antitrust Considerations In Establishing Medical Provider Networks

December 11, 1999: California Labor Law in the Year 2000

November 11, 1999: Getting A Fair Shake

July 1999: Responding to Infringers' Indemnity and Contribution Claims

March 19, 1999: FCC Licenses and Insolvency

December 29, 1998: California Supreme Court Decision

November 10, 1998: The Microsoft Case - Exclusionary Innovention

September 10, 1998: Organic Certification Merits Careful Attention Under Impending Law

July 10, 1998: Substantive Requirements of the Endangered Species Act

June 10, 1998: Litigation in the Year 2000 and Beyond -- What Lies Ahead?

June 10, 1998: Demystifying The Deregulation of Electricity in California

February 27, 1997: Competition Implications of the California Supreme Court Decision in ABC International Traders, Inc.

: Substantive Requirements of the Endangered Species Act

: Recent Developments in Employee Benefits Law

: A Look at M&A Deals in the US

: The New Genetic Information Nondiscrimination Act: Basics and Compliance Tips