Articles

06.05.17

Supreme Court Won't Weigh In on FLSA Definition of "Wages"

Why it mattersThe U.S. Supreme Court denied certiorari in a case defining what constitutes “wages” to calculate overtime pay under the Fair Labor Standards Act, leaving in place the expansive interpretation adopted by the U.S. Court of Appeals for the Ninth Circuit. The city of San ...


06.02.17

Does “Lease Language” Create a Lease?

With less traditional arrangements, such as co-working office spaces becoming increasingly prevalent, the line between leases and contractual arrangements that do not create a possessory interest in real property, such as licenses, can sometimes be difficult to determine. Parties may even attempt ...


06.01.17

What to Consider When Subleasing Office Space

In many markets, large blocks of office space are scarce. A company may decide to lease more space than needed in order to reserve space for future growth. When this strategy is executed, the cost can be mitigated by subleasing. Prospective subtenants, on the other hand, may want to sublease for a ...


06.01.17

Court Looks to Ink Decision in Tattoo Copyright Dispute

By Jesse M. Brody, Partner, Advertising, Marketing and MediaThe question of whether infringement occurs if a copyrighted tattoo is shown during a video game may soon be answered, after a federal court judge in New York moved a lawsuit forward earlier this week.Solid Oak Sketches filed ...


05.31.17

Creating Public Property

"One thing that should be rather clear in our system of reciprocal rights is that the right to own and use property—to the exclusion of all others—is a fundamental constitutional right. Both the U.S. and California Constitutions say so expressly. Indeed, the U.S. Supreme Court has ...


05.30.17

Spotlight on the False Claims Act May 2017

By Kenneth B. Julian, Partner | John F. Libby, Partner | Jacqueline C. Wolff, PartnerWhy it matters: Pronouncements by DOJ officials in April 2017 signaled that the DOJ will be "business as usual" with respect to pursuing white collar crime, including the False Claims ...


05.25.17

President's Executive Order on Cybersecurity: Impact on Banks Unclear

President Donald Trump has signed an executive order addressing cybersecurity. But for financial institutions, is the executive order much ado about nothing? Not exactly.What happenedOn May 11, President Trump issued an Executive Order on Strengthening the Cybersecurity of Federal ...


05.25.17

'Buy One, Get One Free'-Style Offer Hit With Class Action

By Richard P. Lawson, Partner, Advertising, Marketing and MediaPuritan’s Pride, Inc., deceived consumers with a “buy one, get one free”-style marketing campaign for its supplements, a new putative class action filed in California federal court alleged.Although consumers ...


05.18.17

Net Neutrality Continues to Divide

By Jeffrey S. Edelstein, Partner, Advertising, Marketing and MediaIn the latest developments with regard to net neutrality, just days after the U.S. Circuit Court of Appeals for the D.C. Circuit held that it would not reconsider its ruling upholding the net neutrality rules, a group of ...


05.18.17

Upcoming Special Elections Will Reveal Important Trends for 2018, 2020

Special elections and elections in Western democracies offer lessons on the underlying dynamics in future general elections here in the United States.   Consider the surprise special election victories of Massachusetts Republican Scott Brown in January of 2010 for Ted Kennedy's Senate ...