Articles

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 ...


05.18.17

Fyre Festival Flameout Includes False Advertising

By Jesse M. Brody, Partner, Advertising, Marketing and MediaThe Fyre Festival’s catalog of errors includes the failure to disclose sponsored promotions, according to one of the multiple class actions filed against the organizers.Touted as a one-of-a-kind destination music festival, ...


05.16.17

The Joy of Takings

"When I graduated from Washington University Law School about half-a-century ago, I never dreamed that I would spend my career studying, litigating, and teaching cutting-edge constitutional law. Yet, that has been my reality. True, it is a specialized niche of constitutional law, but it has ...


05.15.17

The California Circuit?

Like a bad penny, the idea of splitting the 9th Circuit keeps turning up. Ideas for splitting the circuit first arose in the 1960s, and the issue has waxed and waned with political interest over the past half century. One of the most vexing puzzles is precisely how to split the existing 9th ...


05.11.17

Acting Chair Ohlhausen Signals Shift in FTC Enforcement

At a recent event, Federal Trade Commission Acting Chair Maureen K. Ohlhausen shared her plans for the agency, which likely left advertisers breathing a sigh of relief.With the majority of the FTC currently vacant—Ohlhausen is joined only by Commissioner Terrell McSweeny and accompanied by ...