Articles

11.30.16

Property Law and the Scalia Legacy

"Let others worry about the impact of a new U.S. Supreme Court justice on issues of race, marriage or bathroom access. I'd like to focus your attention on something closer to home, as it were: property rights - specifically, how Justice Antonin Scalia's property legacy will fare. To ...


11.23.16

CA Modifies Commercial Lease Disclosures Concerning Disability Access Laws

California's legislature previously passed an update to Civil Code Section 1938 which, effective as of July 1, 2013, required all commercial property leases to disclose whether or not a commercial premises has undergone an inspection by a Certified Access Specialist (CASp), and if so, whether ...


11.22.16

Is TV Achieving Digital Transformation Through M&A and Investment?

The decline of traditional television has been predicted for years. The threat of YouTube and Netflix, cord-cutters and cord-nevers, and the overall emergence of mobile content consumption have caused hand-wringing throughout the industry for quite a while. In previous years there were trends and ...


11.22.16

Obama Administration Calls on States to Crack Down on Non-competes

Why it matters Seeking to reduce the prevalence of non-compete agreements, President Barack Obama released a call to action encouraging employers not to use them in order to “enhance competition to benefit consumers, workers, and entrepreneurs.” The “State Call to Action on ...


11.21.16

Choosing Hobson's Choice

"Hobson's Choice" - the 1954 version, directed by David Lean - is the sort of movie that justifies the lament "they don't make 'em like this anymore." Featuring a charming story, snappy dialogue, and a talented cast (including the great Charles Laughton as the ...


11.21.16

States and Health Reform: Successes and Challenges

Editor's Note: In a guest appearance on The Diane Rehm Show, an affiliate of National Public Radio (NPR), Manatt Health's Joel Ario discussed the future of Obamacare under a new administration. Since then, the election of Donald Trump certainly puts that future in doubt. Joel's remarks, ...


11.17.16

How Retailers Can Avoid Regulatory Scrutiny this Holiday Shopping Season

With the holiday season often accounting for one-third of a retailer’s annual sales, competition can be fierce. Tempting as it is to grab for every advantage, this can have the unpleasant consequence of legal entanglements with the Federal Trade Commission or a state attorney general that are ...


11.17.16

New FTC Guide Offers Tips for Protecting Personal Information

On the heels of the Federal Trade Commission’s new guidance for companies hit with a data breach, the agency released updated advice for businesses that maintain personal information. “Protecting Personal Information: A Guide for Business” relies on five principles: take stock, ...


11.16.16

Late Notice May Not Matter for Renewed Policy

Despite the insured's failure to provide notice of a claim during the claims-made policy period, coverage was still available, absent a showing of prejudice to the insurer, where the insured renewed the policy at issue and provided notice during the renewal policy period, a Delaware court ...


11.15.16

Do Guarantees Really Work?

Guarantee agreements are an important component of many real estate transactions, ranging from loans to partnership agreements to post-closing obligations under purchase agreements. But do they really work?Both the common law (law derived from court cases) and legislation provide many outs for ...