Articles

05.10.16

This Article Is 100% Natural (I Hope the FTC Agrees)

Consumer demand for “natural” products is showing little sign of slowing, and marketers are eager to meet that demand. The problem, of course, is the question: just what is “natural”? Is something still “natural” after it has been processed? Is something ...


05.06.16

What's the Latest on AB 32 at the California Air Resources Board?

It seems like a simple question: “What’s happening with AB 32 in California these days”? But the answer to that relatively straightforward question is rather complex, potentially very lengthy, constantly changing, but always fascinating. Let me give it a shot in under 1,000 ...


05.06.16

Employer Dodges Liability for Employee's Disparaging Social Media Posts

Why it matters: Taking a commonsense approach to a lawsuit seeking to hold an employer responsible for an employee's social media posts about a customer, a federal court judge in Hawaii noted that "the law does not impose strict liability on an employer every time an employee steps out of ...


05.05.16

Kanye's Promise of Exclusivity a Siren Song, Suit Says

Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust enrichment.In February, West tweeted that his new album The Life of Pablo "will never never never be on Apple. And it will never ...


05.02.16

New Lease Accounting Rules Suggest a New Look at Leasing

One long-term trend in US real estate is the divestiture of real estate owned by non-real estate companies. While there are many advantages to owning—and therefore controlling—your own real estate, non-real estate businesses, particularly publicly held companies, must take into account ...


05.02.16

The Quiet Evolution of Energy Regulation

Changes, spurred in part by new market participants, will affect the industry and customersPublic attention to the energy industry over the past decade and more has focused on four issues: (1) the movement from fossil fuels to more emissions-friendly energy sources, (2) the increased availability ...


04.26.16

Late Court Appearance of Zeppelin Members Is Irrelevant

The Daily Journal interviewed Robert Jacobs, co-chair of the firm's Entertainment and Media Litigation practice, for an article about a copyright infringement lawsuit over Led Zeppelin's "Stairway to Heaven."The Daily Journal reports that the plaintiff's attorney in the ...


04.14.16

California Appellate Practice: By the Numbers

"I was told there would be no math; that's why I went into law" is the trite refrain of many lawyers with liberal arts backgrounds. But, of course, law practice does require math: e.g., calculating damages by percentage of fault; calculating 10 percent interest per annum on most money ...


04.13.16

What Is the Path to Victory for Hillary Clinton and Donald Trump in New York?

What Is the Path to Victory for Hillary Clinton and Donald Trump in New York?By Bruce GyoryNew York SlantAs the presidential race centers squarely upon New York state, the seminal question becomes, can Donald Trump and Hillary Clinton rebound in their home state?Just over half of Republican voters ...


04.08.16

How to Protect Yourself Against Surprise Parties to Contracts

Under classic contract law, if a party breaches a contract, in most cases only the parties to the agreement have the right to enforce its terms. However, courts are increasingly granting third parties the right to enforce a contract, even when they are a stranger to said contract.While courts ...