Articles

08.16.16

“Fundamental, Mandatory and Clear” Policies Invalidate Project Approval

Spring Valley Lake Association v. City of Victorville (2016) 248 Cal.App.4th 91Why It Matters: Despite recognizing that a court must generally defer to an agency’s factual findings, this decision held the city to a higher standard of evidence when it comes to a General Plan policy that is ...


08.16.16

Twitter Seeks Ninth Circuit Ruling That It Does Not "Make" Calls

After losing a round in a California district court, Twitter has appealed to the Ninth Circuit Court of Appeals from a ruling in a Telephone Consumer Protection Act case leaving the social network on the hook for unwanted text messages.Beverly Nunes sued the social media microsite in 2014 after she ...


08.15.16

Politicians Should Mind the Climate Change Gap

Over the last decade, two gaps have had a huge impact on American politics, especially here in New York state: the gender gap and the race gap. A third electoral gap is on the cusp of joining them – the climate change gap.I coined the term “climate change gap” when I found it ...


08.11.16

Find Directors Who Understand the Industry You Want to Disrupt

A strong corporate governance structure for any corporation is made up of a multitude of different factors and layers. At the very top, of course, is the board of directors which must set the tone and framework for effective governance. This rubric applies equally to start-ups and long-established ...


08.11.16

IOC Should Reimburse Rio for Its Valiant but Financially Disastrous Efforts

“If you break it, you own it” is a placard that is commonly seen at souvenir shops and that expresses a simple ethical precept. That precept should apply to the International Olympic Committee, which made the financially disastrous choice of Rio for the 2016 Olympics. The IOC knew or ...


08.11.16

Yelp Warns Consumers About Legal Threats From Companies

Businesses that have filed suit against consumers for posting negative reviews are now being highlighted by Yelp.A pop-up box appears on the page of companies that have taken action against customers, reading: "Consumer Alert: Questionable Legal Threats. This business may be trying to abuse ...


08.11.16

Judge Bags Pricing Suit Against Dooney & Bourke

Providing a defense victory in the burgeoning litigation at outlet stores, a California federal court judge granted Dooney & Bourke's motion to dismiss, albeit with leave for plaintiff to amend.Monica Rael asserted that the purported "discount" prices listed on products at the ...


08.11.16

Electric Toothbrushes Battle It Out Before NAD

In a battle over electric toothbrushes, the National Advertising Division determined that Procter & Gamble can support superiority claims for its Oral-B models challenged by competitor Philips Oral Healthcare, the maker of Sonicare, while recommending that Philips discontinue two broadcast ...


08.04.16

Athletes Will Not Be Able to Stop Olympic Trainwreck This Time

Fortunately for its incompetent executives, the Olympics is one of the greatest sporting events. A lesser event surely could not have survived the mismanagement and corruption that have dogged the Games for years. That winning streak, however, will come to an end in Rio.Indeed, it really came ...


08.04.16

Court Awake To Plaintiff's Deceptive Sleep-Tracking Claims Against Fitbit

A challenge to Fitbit’s claims that certain models of its exercise monitoring device tracked users’ sleep patterns will move forward after a California federal court judge denied the company’s motion to dismiss. In May 2015, James P. Brickman filed suit alleging that Fitbit made ...