Articles

05.14.14

The Makings of a Successful Total Concession Public-Private Partnership

Public-private partnerships (P3) are a relatively new phenomenon in the United States, where the public sector partners with private enterprise in order either build or renovate a public project or raise needed public funds. The beauty of partnering with private real estate developers for ...


05.01.14

When The Project Matters

Eminent domain presupposes that the government desires to acquire a property interest for a public project. The public project can be a road or a school or something far more exotic (think acquisition of an NFL team, as in City of Oakland v. Oakland Raiders, 646 P.2d 835 (Cal. 1982), or acquisition ...


05.01.14

Other People's Personas

As Justice Ruth Bader Ginsburg stated, "the First Amendment securely protects the freedom to make…one's own speech; it bears less heavily when speakers assert the right to make other people's speeches." Similarly, courts have struggled with how to reconcile the right of freedom of speech with the ...


04.29.14

Resolving Standing Conflict for False Advertising Plaintiffs

The Lanham Act has long served as a vehicle for businesses to bring civil actions for false advertising claims, but the tests to determine who may sue and under what circumstances have varied significantly among the circuits. Three different tests for standing had been applied by the federal ...


04.28.14

Making Wine out of Water

With the State of California facing one of its driest years on record, earlier this year Governor Jerry Brown proclaimed a State of Emergency directing state officials to take all necessary actions to prepare for severe drought conditions. The proclamation noted that California's water supply ...


04.11.14

Compliance Challenges-Why Go It Alone?

Since the economic downturn and the Dodd-Frank legislative response, proper attention to most every risk in banking tracks back to compliance.Whether the challenge is anti-money laundering compliance or cyber-attack risk, vendor management or insider and affiliate loans, or fair-lending compliance ...


04.04.14

When Litigation Strikes, Is the Jury Friend or Foe?

Many real estate agreements-particularly loan documents-contain waivers of the constitutional right to a jury trial. Apparently some parties, usually lenders and other large institutional players, fear that juries will harbor some prejudice against them.  But will a court really enforce a ...


04.01.14

The Ninth Circuit Rejects First Amendment Arguments in Favor of SOCE

Despite the recent advances toward marriage equality, lesbian, gay, bisexual, and transgender (LGBT) people continue to face significant hurdles to attaining full equality. LGBT people have often beensubjected to attempts to change their sexual orientation or gender identity. Often promoted or even ...


04.01.14

Minimizing Landowner Liability When Buying Contaminated Property

On December 30, 2013, the US Environmental Protection Agency adopted ASTM E1527-13 as the new Phase I environmental assessment standard, clarifying the requirements for performing all appropriate inquiries. This is the first of several requirements for buyers of potentially contaminated property to ...


03.27.14

Emerging State Regulations Clear the Way for Virtual Currency

A road map for regulation of virtual currency is beginning to emerge as more states appear willing to issue licenses for entities offering exchange and other services.While immediate action at the federal level is still unclear, several states are expected to be acting on new regulations soon. Most ...