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“Do We Get Our Attorneys Fees if We Win?” – Five Points to Remember

“Let me make myself perfectly clear” – SCOTUS on Arbitration

“On-Call” Employees May Have Wage Claims

2008 Appellate Court Decisions on Retaliation and Harassment Clarify Protected Activity Under FEHA and Employer’s Duty to Take Prompt Corrective Action

2009 California Employment Law Update

9th Circuit Finds Standing For Employees With Lost Identity Data, But No Identity Theft

A Cautionary Lesson Regarding Arbitration Agreements

A Different Approach to Conducting Med-Arb In Complex Commercial Litigation Matters (Part I of II)

A Potential Checklist for Lender-Borrower Disputes in Credit Crisis Litigation

A Potential Checklist of Damage-Related Issues for Lender-Borrower Disputes

AB 32 Deconstructed: The Global Warming Solutions Act of 2006 – Part 1

AB 32 Deconstructed: The Global Warming Solutions Act of 2006—Part 2

Acquiring Companies Need to Exercise Caution to Qualify for Limited Exception Allowing Non-Compete Agreements Related to the Sale of a Business

Ad Sales Are Services, Not Goods Covered by UCC

Advertisers Should Use Caution When Making Environmental Marketing Claims

Air Quality Management District Rail Rules Preempted

Airline’s Tourism Tax Collection Survives Lawsuit

Alert: Verizon/Apple Valley, CA Cable Franchise

Anaheim Loses Round in Tax on Online Travel Companies

Anti-SLAPP Statute Bars Screw Manufacturer’s Suit Against Attorney Trolling for Plaintiffs

Arbitrator Disclosure Requirements Broadened

Arbitrator Disclosure Requirements Broadened

Are 100% Commission Plans Illegal in California?

Are There Limits on Attorney Fee Awards for a Prevailing Party in Real Estate or Partnership Litigation?

At Will Termination Clause in Independent Contractor Agreement Does Not Create Employment Relationship

ATTENTION: IMPORTANT FRAUD ALERT – PLEASE READ

Attorney’s Political Activities in Opposing Prior Work for Former Client May Support Professional Negligence Claim

Bank Litigation in the San Francisco Bay Area, December 2009

Bank Litigation in the San Francisco Bay Area, November 2009

Bank Litigation in the San Francisco Bay Area, October 2009

Bank Litigation in the San Francisco Bay Area, September 2009

Bankruptcy Court Expands Nondischargeability to Copyright Infringement

Bankruptcy Court Limits Equipment Lessor’s Administrative Claim

Bankruptcy Court Rules That Lessor Protections Under 11 U.S.C. 365(d)(10) Are Contingent Upon First Proving a True Lease

Bankruptcy Is Not Necessarily The Solution To Your Problem

Bankruptcy Venue Reform Bill Introduced in Congress

Basic Cable Encryption (NYC)

Blogs: Online Practice Guides or Websites?

Board’s “Zone of Insolvency” Duties Rejected by California

Broadband Investment Provisions of Federal Stimulus Act

Broadcasting News: Anti-Discrimination Laws Called Into Question

Brokers May Enforce Arbitration

Business Broker Alert: Ten “Lessons Learned” in Business Restructuring Transactions

Business Judgment Rule Conflicts With Fiduciary Duty Principles: Recent “Lessons Learned” From the Courtroom

Buyer May Recover Lost Profit Damages for Seller’s Breach of Commercial Real Estate Purchase Contract

Cable Negative Option Clarification from FCC

California Adopts Model State Trademark Law

California AG Sues Delta Airlines Over Lack of App Privacy Policy

California Air Resources Board Approves Amendments to California’s Climate Change Cap-and-Trade Regulation and Adds New Carbon Offset Protocol

California Air Resources Board Releases Climate Change Draft Scoping Plan

California Air Resources Board Reviews Report Addressing Measures to Reduce Greenhouse Gas Emissions

California Arbitrator Need Not Disclose Prior Public Censure

California Broadband Report

California Class Action Waiver Permitted in Commercial Contract Between Two Substantial Parties

California Constitution (Prop 209) Invalidates Race/Gender Preferences in City Contracting

California Court of Appeal Denies Disqualification of Class Counsel

California Court of Appeal Holds that Attorney-Client Communications Are Not Subject to Mediation Confidentiality Under California Evidence Code Section 1119

California Court of Appeal Issues Far Reaching Opinion Addressing the Professional Responsibilities of Corporate Lawyers, Conspiracy Claims, Corporate Privilege, and Derivative Shareholder Actions

California Court of Appeal Reaffirms Effectiveness of Anti-SLAPP Protections As Procedural Device for Defeating Malicious Prosecution Claims

California Court of Appeal Reverses Order Confirming Award Under Mandatory Fee Arbitration Act

California Court of Appeal Reverses Summary Judgment for Law Firm Finding Statute of Limitations Was Tolled

California Email Fraud Law Not Preempted by CAN-SPAM

California Evolves: No Damages, No Standing for Consumer Suits

California its Own Universe for Employers (Today: Co-Employment Claims)

California Limits Tort Exposure to Subcontractors

California Low Carbon Fuel Standard Case Heard by Ninth Circuit

California Orders “Use Tax” Registration by Most Businesses – Deadline April 15, 2010

California Public Utilities Commission Meeting – April 10, 2014

California Public Utilities Commission Meeting – April 11, 2013

California Public Utilities Commission Meeting – April 18, 2013

California Public Utilities Commission Meeting – April 26, 2018

California Public Utilities Commission Meeting – April 9, 2015

California Public Utilities Commission Meeting – August 14, 2014

California Public Utilities Commission Meeting – August 25, 2012

California Public Utilities Commission Meeting – August 28, 2014

California Public Utilities Commission Meeting – December 14, 2017

California Public Utilities Commission Meeting – December 17, 2015

California Public Utilities Commission Meeting – December 18, 2014

California Public Utilities Commission Meeting – December 19, 2013

California Public Utilities Commission Meeting – December 20, 2012

California Public Utilities Commission Meeting – December 3, 2015

California Public Utilities Commission Meeting – December 5, 2013

California Public Utilities Commission Meeting – December 6, 2014

California Public Utilities Commission Meeting – February 12, 2015

California Public Utilities Commission Meeting – February 13, 2013

California Public Utilities Commission Meeting – February 21, 2019

California Public Utilities Commission Meeting – February 26, 2015

California Public Utilities Commission Meeting – February 27, 2014

California Public Utilities Commission Meeting – February 28, 2013

California Public Utilities Commission Meeting – February 5, 2014

California Public Utilities Commission Meeting – January 10, 2013

California Public Utilities Commission Meeting – January 15, 2015

California Public Utilities Commission Meeting – January 16, 2014

California Public Utilities Commission Meeting – January 24, 2013

California Public Utilities Commission Meeting – January 29, 2015

California Public Utilities Commission Meeting – January 31, 2019

California Public Utilities Commission Meeting – July 10, 2014

California Public Utilities Commission Meeting – July 12, 2018

California Public Utilities Commission Meeting – July 13, 2017

California Public Utilities Commission Meeting – July 23, 2015

California Public Utilities Commission Meeting – July 25, 2013

California Public Utilities Commission Meeting – July 26, 2018

California Public Utilities Commission Meeting – July 26, 2018

California Public Utilities Commission Meeting – June 11, 2015

California Public Utilities Commission Meeting – June 12, 2014

California Public Utilities Commission Meeting – June 15, 2017

California Public Utilities Commission Meeting – June 21, 2018

California Public Utilities Commission Meeting – June 25, 2015

California Public Utilities Commission Meeting – June 26, 2014

California Public Utilities Commission Meeting – June 27, 2013

California Public Utilities Commission Meeting – June 29, 2017

California Public Utilities Commission Meeting – June 9, 2016

California Public Utilities Commission Meeting – March 1, 2018

California Public Utilities Commission Meeting – March 12, 2015

California Public Utilities Commission Meeting – March 13, 2014

California Public Utilities Commission Meeting – March 21, 2013

California Public Utilities Commission Meeting – March 22, 2018

California Public Utilities Commission Meeting – March 26, 2015

California Public Utilities Commission Meeting – March 27, 2014

California Public Utilities Commission Meeting – May 1, 2014

California Public Utilities Commission Meeting – May 15, 2014

California Public Utilities Commission Meeting – May 21, 2015

California Public Utilities Commission Meeting – May 23, 2013

California Public Utilities Commission Meeting – May 26, 2016

California Public Utilities Commission Meeting – May 31, 2018

California Public Utilities Commission Meeting – May 7, 2015

California Public Utilities Commission Meeting – May 9, 2013

California Public Utilities Commission Meeting – November 14, 2013

California Public Utilities Commission Meeting – November 20, 2014

California Public Utilities Commission Meeting – November 29, 2012

California Public Utilities Commission Meeting – November 30, 2017

California Public Utilities Commission Meeting – November 5, 2015

California Public Utilities Commission Meeting – November 6, 2014

California Public Utilities Commission Meeting – November 8, 2012

California Public Utilities Commission Meeting – October 11, 2012

California Public Utilities Commission Meeting – October 16, 2014

California Public Utilities Commission Meeting – October 17, 2013

California Public Utilities Commission Meeting – October 2, 2014

California Public Utilities Commission Meeting – October 22, 2015

California Public Utilities Commission Meeting – October 25, 2012

California Public Utilities Commission Meeting – October 3, 2013

California Public Utilities Commission Meeting – October 31, 2013

California Public Utilities Commission Meeting – September 11, 2014

California Public Utilities Commission Meeting – September 17, 2015

California Public Utilities Commission Meeting – September 19, 2013

California Public Utilities Commission Meeting – September 27, 2012

California Public Utilities Commission Meeting – September 5, 2013

California Public Utilities Commission Meeting Summary – 4/27/06

California Public Utilities Commission Meeting Summary – April 12, 2007

California Public Utilities Commission Meeting Summary – April 14, 2011

California Public Utilities Commission Meeting Summary – April 16, 2009

California Public Utilities Commission Meeting Summary – April 19, 2012

California Public Utilities Commission Meeting Summary – April 22, 2010

California Public Utilities Commission Meeting Summary – April 24, 2008

California Public Utilities Commission Meeting Summary – April 8, 2010

California Public Utilities Commission Meeting Summary – August 12, 2010

California Public Utilities Commission Meeting Summary – August 18, 2011

California Public Utilities Commission Meeting Summary – August 2, 2012

California Public Utilities Commission Meeting Summary – August 20, 2009

California Public Utilities Commission Meeting Summary – August 21, 2008

California Public Utilities Commission Meeting Summary – August 23, 2007

California Public Utilities Commission Meeting Summary – August 24, 2006

California Public Utilities Commission Meeting Summary – December 1, 2011

California Public Utilities Commission Meeting Summary – December 14, 2006

California Public Utilities Commission Meeting Summary – December 16, 2010

California Public Utilities Commission Meeting Summary – December 17, 2009

California Public Utilities Commission Meeting Summary – December 18, 2008

California Public Utilities Commission Meeting Summary – December 2, 2010

California Public Utilities Commission Meeting Summary – December 20, 2007

California Public Utilities Commission Meeting Summary – December 3, 2009

California Public Utilities Commission Meeting Summary – December 4, 2008

California Public Utilities Commission Meeting Summary – February 1, 2012

California Public Utilities Commission Meeting Summary – February 14, 2008

California Public Utilities Commission Meeting Summary – February 15, 2007

California Public Utilities Commission Meeting Summary – February 20, 2009

California Public Utilities Commission Meeting Summary – February 24, 2011

California Public Utilities Commission Meeting Summary – February 25, 2010

California Public Utilities Commission Meeting Summary – February 28, 2008

California Public Utilities Commission Meeting Summary – February 4, 2010

California Public Utilities Commission Meeting Summary – January 10, 2008

California Public Utilities Commission Meeting Summary – January 11, 2007

California Public Utilities Commission Meeting Summary – January 12, 2012

California Public Utilities Commission Meeting Summary – January 13, 2011

California Public Utilities Commission Meeting Summary – January 21, 2010

California Public Utilities Commission Meeting Summary – January 25, 2007

California Public Utilities Commission Meeting Summary – January 27, 2011

California Public Utilities Commission Meeting Summary – January 29, 2009

California Public Utilities Commission Meeting Summary – January 31, 2008

California Public Utilities Commission Meeting Summary – July 10, 2008

California Public Utilities Commission Meeting Summary – July 12, 2007

California Public Utilities Commission Meeting Summary – July 14, 2011

California Public Utilities Commission Meeting Summary – July 20, 2006

California Public Utilities Commission Meeting Summary – July 26, 2007

California Public Utilities Commission Meeting Summary – July 28, 2011

California Public Utilities Commission Meeting Summary – July 29, 2010

California Public Utilities Commission Meeting Summary – July 30, 2009

California Public Utilities Commission Meeting Summary – July 8, 2010

California Public Utilities Commission Meeting Summary – July 9, 2009

California Public Utilities Commission Meeting Summary – June 12, 2008

California Public Utilities Commission Meeting Summary – June 15, 2006

California Public Utilities Commission Meeting Summary – June 18, 2009

California Public Utilities Commission Meeting Summary – June 21, 2007

California Public Utilities Commission Meeting Summary – June 23, 2011

California Public Utilities Commission Meeting Summary – June 24, 2010

California Public Utilities Commission Meeting Summary – June 26, 2008

California Public Utilities Commission Meeting Summary – June 29, 2006

California Public Utilities Commission Meeting Summary – June 3, 2010

California Public Utilities Commission Meeting Summary – June 4, 2009

California Public Utilities Commission Meeting Summary – June 7, 2007

California Public Utilities Commission Meeting Summary – June 9, 2011

California Public Utilities Commission Meeting Summary – March 1, 2007

California Public Utilities Commission Meeting Summary – March 10, 2011

California Public Utilities Commission Meeting Summary – March 11, 2010

California Public Utilities Commission Meeting Summary – March 12, 2009

California Public Utilities Commission Meeting Summary – March 15, 2007

California Public Utilities Commission Meeting Summary – March 22, 2012

California Public Utilities Commission Meeting Summary – March 24, 2011

California Public Utilities Commission Meeting Summary – March 26, 2009

California Public Utilities Commission Meeting Summary – March 8, 2012

California Public Utilities Commission Meeting Summary – May 10, 2012

California Public Utilities Commission Meeting Summary – May 11, 2006

California Public Utilities Commission Meeting Summary – May 20, 2010

California Public Utilities Commission Meeting Summary – May 21, 2009

California Public Utilities Commission Meeting Summary – May 24, 2007

California Public Utilities Commission Meeting Summary – May 24, 2012

California Public Utilities Commission Meeting Summary – May 25, 2006

California Public Utilities Commission Meeting Summary – May 3, 2007

California Public Utilities Commission Meeting Summary – May 6, 2010

California Public Utilities Commission Meeting Summary – May 7, 2009

California Public Utilities Commission Meeting Summary – November 1, 2007

California Public Utilities Commission Meeting Summary – November 16, 2007

California Public Utilities Commission Meeting Summary – November 19, 2010

California Public Utilities Commission Meeting Summary – November 20, 2009

California Public Utilities Commission Meeting Summary – November 21, 2008

California Public Utilities Commission Meeting Summary – November 30, 2006

California Public Utilities Commission Meeting Summary – November 6, 2008

California Public Utilities Commission Meeting Summary – November 9, 2006

California Public Utilities Commission Meeting Summary – October 14, 2010

California Public Utilities Commission Meeting Summary – October 15, 2009

California Public Utilities Commission Meeting Summary – October 16, 2008

California Public Utilities Commission Meeting Summary – October 18, 2007

California Public Utilities Commission Meeting Summary – October 19, 2006

California Public Utilities Commission Meeting Summary – October 2, 2008

California Public Utilities Commission Meeting Summary – October 28, 2010

California Public Utilities Commission Meeting Summary – October 29, 2009

California Public Utilities Commission Meeting Summary – October 4, 2007

California Public Utilities Commission Meeting Summary – October 5, 2006

California Public Utilities Commission Meeting Summary – October 6, 2011

California Public Utilities Commission Meeting Summary – September 10, 2009

California Public Utilities Commission Meeting Summary – September 18, 2008

California Public Utilities Commission Meeting Summary – September 2, 2010

California Public Utilities Commission Meeting Summary – September 20, 2007

California Public Utilities Commission Meeting Summary – September 21, 2006

California Public Utilities Commission Meeting Summary – September 22, 2011

California Public Utilities Commission Meeting Summary – September 23, 2010

California Public Utilities Commission Meeting Summary – September 24, 2009

California Public Utilities Commission Meeting Summary – September 4, 2008

California Public Utilities Commission Meeting Summary – September 6, 2007

California Public Utilities Commission Meeting Summary – September 7, 2006

California Retailers Prohibited from Requesting E-Mail Addresses During Credit Card Transactions

California Spam Act Allows Blind Headers

California State Court Rules That Released Parties Remain Liable For A Settlement Payment That Is Later Deemed To Be A Preferential Transfer And Is Disgorged From the Creditor

California Supreme Court Bans ZIP Code Requests When Using Credit Cards

California Supreme Court Clarifies 17200 Standing Requirements, Loosens False-Advertising Proof

California Supreme Court Eases Prop 64 Standing in Consumer Misrepresentation Case

California Supreme Court Expands the Basis for Use of Lis Pendens to Fraudulent Conveyance Cases

California Supreme Court Prohibits Most Non-Competition Agreements

California Supreme Court Rules Employers Need Not Force Employees to Take Meal Periods As Long As They Relieve Employees of All Duty

California Supreme Court Upholds Blanket Immunity for ISPs and Other Republishers From Liability for Defamation

California Supreme Court: Business Not Vicariously Liable For Independent Contractor’s Injuries From Contractor’s Failure To Guard Against Inherent Risks

California’s “Green Chemistry” Regulations Take Effect

California’s “Transparency in Supply Chain” Act

California’s Anti-SLAPP Statute Held Applicable to Claims Against Lawyer for Solicitation of Law Firm Client; Commercial Speech Exemption to Statute Held Inapplicable To Lawyer’s Conduct

California’s Proposition 65 Warning Regulations Have Been Revised

CALM Act Addresses Loud TV Ads

Can Arbitrators Be Made to Follow the Law?

Canada’s New Anti-Spam Law Presents Challenges

CAP and Trade on Hold?

Caretakers for the Elderly Do Not Lose Their Exempt Status by Performing Incidental Healthcare Duties

Case of First Impression: Arbitration Provision in Trust Instrument Unenforceable Against Beneficiary

Choice-Of-Law Clause Can’t Make Independent Contractor From California Employee

Class Certification Denied in Consumer Lawsuit, Offering Sign of Relief to Retailers Nationwide

Clean and Green Shipping News

Closed Captioning and Audio Descriptions Under the ADA

Coming of Age on Ethics and the Internet

Coming Soon – More Junk in Your Fax Machine

Company Stock in 401(k) Plan is Defensible, Says 9th Circuit in Change

Company’s Attorney-Client Privilege Not Lost by DOJ Cooperation

Conflict Waivers Held Sufficient to Prevent Disqualification of Class Counsel in Pre-Certification Stage

Consumer Law Firm’s Ad Survives Product Maker’s SLAPP Defense

Cooper Lawyer Assists in Legislative Fix to Eliminate “Zombie” Corporations

Cooper Lawyer is the Editor of New California Guide on ABCs

Cooper Lawyer Leads Efforts To Provide Clean-up Of Bankruptcy Reform Legislation

Corporate Violation, Officer Liability

County Supervisor’s Public Criticisms May Be Actionable By Business

Court Bounces VOIP “Slamming” Claim to FCC

Court Finds Seller Liable for Unreasonably Refusing to Extend Escrow

Court of Appeal Victory on Sikh Temple Control

Court Upholds Contractual Disclaimers in Commercial Broker Contract

Cruise to Supreme Court

Cruise Trip False-Ad Claim Fails

Damages for Communications Cable Destruction: Not as Simple as Might Be Supposed

Dangerous Liaisons – Relationships Between Associated Firms May Be Scrutinized Under The Same Standards That Apply To Of Counsel

Defamation Statute of Limitations Triggered Even by Obscure Publication

Delaware LLC Managers Under Attack?

Disclosure Duties of User of Consumer Credit Scores

Do I Want an Arbitration Clause?

Do Lawyers in California Owe Former Clients a Duty of Loyalty?

Do’s and Don’ts of California Employment Arbitration Agreements

Domain Name Not Subject to California Direct Turnover to Judgment Creditor

E-Mail Sleuthing and Preserving Confidentiality

Early Termination Fees (ETFs)–Wireless vs. Internet Services

EEOC Can Still Investigate and Subpoena After Closing File

Electronic Banking Regulations Continue To Challenge Financial Institutions

Employee Intranet Pitfalls

Employee Termination for Disability-Caused Misconduct

Employee Termination, IP Address Privacy, Subscription Auto-Renewal & More

Employees With Cold or Flu May be Entitled to FMLA Leave

Employers Get Major Relief on Meal Time & Break Time Duties and Employee Claims

Employers Must “Provide” Meal and Rest Breaks But Not “Ensure” They Are Taken

Employers Should Ensure Compliance with New Family and Medical Leave Act Regulations

Enforcement of a Contract in California Just Became More Difficult

Enforcing Minority Rights in Closely-Held Organizations

Equipment Lessor Assignee’s Reliance Is Not Required for Discharge Exception

Escrow Agent Liability Revisited In The Context Of The Current Credit Crisis

Ethical Guidelines for Practicing in a Virtual Law Office

European Court of Justice Issues Appellate Decision on Application of Attorney-Client Privilege To In-House Counsel, Finding No Attorney-Client Privilege Exists for Written Communications By In-House Counsel Since In-House Counsel Are Not as “Independent” as External Lawyers

Even National Companies Can’t Record or Monitor California Calls

Exempt or Non-Exempt: Attorney Audits of Employee Classifications

FCC Broadband/Open Internet Rules in 2 Pages

FCC Issues Pole Attachment Order in Conjunction with National Broadband Plan

FCC Overrules Own Enforcement Action Against Switched Digital Video

FCC Releases Current Inflation Figures for Form 1210/1240 Basic Cable Rates

FCC Residential Non-Exclusivity Contract Rule Upheld

FCC Unveils The National Broadband Plan

Federal CAN-SPAM Preempts California SPAM Law?

Federal Courts Split on Whether Sponsored Links Constitute Trademark Infringement

Federal Policy Changes on State Preemption, Antitrust Enforcement

Fiber Optic Easement Claims Go To Court

Finally a Court Awards Legal Fees for Public Records Act Violations

Financial Elder Abuse Update

Five Things That Should Be In Your Employees’ Personnel Files – And Five Things That Shouldn’t

Food Fights Among the Natural Crowd

Former Director Has No Inspection Rights

Free Look Inspections May Render a Purchase Contract Unenforceable

Frequently Asked Questions About Materially Limited Conflicts of Interest

FTC Announces $1 Million COPPA Settlement

FTC Continues Crackdown on Website Data Security Breaches

FTC Identity Theft Red Flag Rule Update

FTC Issues Revised “Green Guides”

FTC Red Flag Rules Implementation Delayed Until November 1, 2009

Green Update: Mayor’s Green Building Requirements – San Francisco

Guarantor Update: Some Practical Tips on Letter-Writing Campaigns with Lenders

Holistic Cybersecurity Legislation on the Horizon

Hoping for Prop 65 Reform? Be Careful What You Wish For!

How Green Are Your Products? The FTC Scrutinizes Marketing Claims

How the New Ethics Rules Affect Attorneys

How to License Music for Films

How to Protect Against Trademark Infringement on Facebook

How to Stop Cybersquatters

If Your Product Has A Label …

Immunity When Forwarding Email? (California Fixes 9th Circuit “Roommates” Interpretation)

Impossible for LimeWire P2P User to Have Privacy Expectation

In Contract Law, When Exactly Is There A “Meeting of the Minds”?

In Contract Law, When Exactly Is There A “Meeting of the Minds”?

Indemnity, Duty to Defend Distinguished and Clarified by California Supreme Court

Indirect-Source Pollution Fee Valid as Recovering Costs of Regulation

Inside Green

Internet Communications With Prospective Clients: When Disclaimers May Not Be Enough

IP 101 for Industrial Designers

Is There A Uniform Commercial Real Estate Receivership In Your Future?

Jurisdiction Over Defendants in Remote States Not Automatic in E-Commerce Cases

Key Provisions of New California Pregnancy Disability Leave Regulation

Leasing: Types of Leases & Operating Expense Impacts

Licensed Software “Buyer” Cannot Resell

LimeWire Users Have No Reasonable Expectation of Privacy Under the Fourth Amendment

Litigating Dual Agency Issues: Lessons Learned From the Courtroom

Lost Privilege for Employee-Lawyer Emails on Company System

Malware or Product? Spam Filter Immune for Blocking It, Either Way

Mechanics Liens Get Stringent New Conditions Effective January 1, 2011

Med/Arb as a Variant on the Usual ADR Process

Memo to Clients “Boomer” Age Discount Survives; Blind-Unabled Website Sued; Late Fee Upheld; No Right to Permanent Light-Duty Job; Legislative Fix for Jury Waiver Clauses?; DTV Cut-Over 2/17/09; “Preparing Your Lobbying Plan”

Memo To Clients Ninth Circuit Preempts Locals on Telecom Right-of-Way Fees and Cell Siting Aesthetics; Franchise Fees as Taxes?; Bankruptcy No Bar to Regulatory Enforcement; California Wage Claims; Shipper’s Declared Value Insurance

Memo to Clients: Employer Action Required on Social Security No-Match Letters – U.S. Immigration and Customs Enforcement (ICE) Crackdown

Memo to Communications California Non-Franchise for AT&T Project Lightspeed; LLCs and Federal Court Diversity; Mass Anti-Piracy Letters Dodge RICO; California Supreme Court to Hear Wage Cases; Harassment Punitives Capped at 6:1; Universal Service Fund Bill

Memo to Communications Clients Again, No Franchise Fees on Cable Modem Service; Dormant PEG Channels; Secret Discount Exposure in Home Video Distribution?; Out-of-State Consumer Arbitration Not Enforced; Tenants’ Replacement vs. Maintenance Duty; Open Meeting Laws

Memo to Communications Clients California Arbitration; FCC Eyes Local Franchising; Emergency Alerts on Cable; Private Action v. Signal Pirate; Prop 65 Toxic Warnings; Employment Cases; CWC Website

Memo to Communications Clients FCC Releases Current Inflation Figure for Form 1240 Cable Rates

Memo to Communications Clients No Free Ducts from Telecom Franchise; Indefensible FCC Indecency Decision; California Bill Threatens Employment Arbitration; CPUC Telecom Bill of Rights; Class Action Ambulance Chasing

Memo To Communications Clients Satellite TV Under California Law; Reinstating a Killer ?; No WARNA for Continuing Jobs; Exposure for Contractor Injuries

Memo to Communications Clients: AMC Morphing Breaks Programming Agreement; VOIP Rules Start July 29; FMLA Leave for Care Only; Cause for Termination No Bar to ADA Claim; Telco/Cellular Reciprocal Compensation; Unlicensed Contractor Gets Stiffed

Memo To Communications Clients: Arbitration Cautions; VC Alert: Quasi-California Corporations; Outsider Harassment as Hostile Environment; Software Licensing Survey; USF Rural Support; “No” to Some City RFIs; CALEA for VOIP; Digital-to-Analog Converters?

Memo To Communications Clients: Arbitration Clause Survives?; Abetting Online Lottery; Contract Interference & Related Companies; Easement Gets Fiber Optics; Naked CA Broadband?; VOIP 911; Wine Online

Memo To Communications Clients: Cable Broadband Not Regulated Telecom, Says Supreme Court; Grokster Exposure for Promoting Infringement; California Limits Consumer Class Action Waiver; Universal Service Fund Inquiry; Do-Not-Call Exception for Recall

Memo To Communications Clients: California Negates Jury Trial Waivers; Corporate Counsel for California Arbitration; Easement Access Rights for Cable; California Seconds FCC Broadband Choice Policies; Overlay Area Codes for VOIP; Employer Pitfalls

Memo To Communications Clients: DSL Deregulated, Ending Open Access; Partial-Day Leaves for Exempt Employees; No Discrimination Against Domestic Partners

Memo to Communications Clients: FCC Releases Current Inflation Figure for Form 1240 Cable Rates

Memo to Communications Clients: FCC Releases Current Inflation Figure for Forms 1210 and 1240 Cable Rates

Memo To Communications Clients: Online Retailer Incurs Sales Tax; Out-of-State Advertiser Incurs Liability; Criminal

Memo to Communications Clients: Permitting Exemption for “Telecommunications Utilities”; Truth in Billing; Naked DSL Ruling?; Extension for Integrated Set-Top Boxes; Federal Class Action Act; Political Obscenity; Regressive Taxes on Communications; Recycling Electronics

Mere Appointment of Agent for Service of Process is Not Consent to Jurisdiction

Message Board Detractors Can Hide Online Identity

Money Doesn’t Talk, it Swears: A Snapshot of How the Economic Stimulus Bill Impacts the Homebuilding and Construction Industries

Moving Lawyer Has No Fiduciary Duty to Explain New Arbitration Clause to Sophisticated Clients

New California Law Bans Online Impersonation

New California Laws Affecting Commercial Real Estate Brokers in 2012

New California Option: Mini-Trials by Jury

New Claims Against Banks in the San Francisco Bay Area – February 2010

New Claims Against Banks in the San Francisco Bay Area – March 2010

New Claims Against Banks in the San Francisco Bay Area For April 2010

New Claims Against Banks in the San Francisco Bay Area For January 2010

New Claims Against Banks in the San Francisco Bay Area in June 2010

New Claims Against Banks in the San Francisco Bay Area in May 2010

New Court Decision Limits the Rule That Real Estate Brokers Need Not Disclose Matters of Public Record

New Court Decision on Consequences of Criminal Prosecution of Companies and Managers

New Federal Limits to Take Effect Concerning Phthalates and Lead in Children’s Products

New Help for Lenders Defending Claims That They Misadvised Borrowers on Ability to Pay

New Law Prevents Employers From Requiring Employees to Reveal Personal Social Media Activity

New Laws Affecting Real Estate Brokers

New License Disclosure Requirements for California Real Estate Licensees

New Supreme Court Decision on Arbitration Rights

New Tool For Creditors – Reverse Veil Piercing Now Available In California

News And Pointers That You Can Actually Use

Next-Generation 911 Ahead

Ninth Circuit Applies California Wage and Labor Laws to Visiting Workers

Ninth Circuit Cancels ISP Traffic Compensation for California Telecom

Ninth Circuit Defines LLC Citizenship for Federal Court Diversity Jurisdiction

Ninth Circuit Expands The Ordinary Course Defense Against Preference Claims

Ninth Circuit Finds Employee Text-Messages Private

Ninth Circuit Imagines Self-Defamation From Insufficient Context

Ninth Circuit Lightens Scrutiny of Local Telecom Regulation, Overruling Itself

Ninth Circuit Overrules Copyright Prevailing-Party Rule for Legal Fee Recovery

Ninth Circuit Rejects Doctrine of “Selective Waiver”

NLRB Decisions by 2-Person Committee of 5-Person Board Are Void

No Consumer Discrimination Case If No Purchase

No Expectation of Privacy in IP Address, Says Court

No Legal Fee Mountain for Plaintiff’s Molehill

No LHWCA Compensation For Stress Reaction To Employer Discipline

No Liability for “Gotcha” Paystub, Meal/Break Time Violations

No Lis Pendens for Arbitration

No Maritime Attachment Without Proof of Contract

No Parent-Company Jurisdiction Based Solely On Owning Subsidiary

No Privacy Claim for Republication of MySpace Posting

No Punitive Damages for Labor Code Minutiae

No State/Local Regulation of Radio Frequency Interference

No Vicarious Liability in Franchise Relationship

Nonprofits Corporation Governance Update

Northern District Issues New ESI Guidelines

Northern District of California Weighs In On Circuit Split Regarding Non-Client Standing to Seek Disqualification

Not Required to File an Estate Tax Return? You May Want To Anyway!

NYSE Panel Issues Report Defining the Top 10 Corporate Governance Principles

Obama Stimulus Package Requires Employers to Provide COBRA Subsidies

One Harassing E-mail Does Not Create Hostile Work Environment

Online Behavioral Advertising, Child Safety Self-Regulatory Principles

Online Behavioral Advertising: New FTC Report and Pending Litigation

OSHA “Nudges” Employers With Revised Injury and Illness Recordkeeping Rules

Out-of State Companies with California Employees Beware: Court Invalidates Non-California Choice of Law Provision in Independent Contractor Agreement

PG&E and SCE — In The Shadow of Bankruptcy

Pitfalls of Employee Noncompetes: New Employer Liable for Honoring Prior Employer’s Noncompete

Port Tenant Not Property “Owner” With Federal Environmental Liability

Port Trucker Lawsuit Dodges Federal Preemption Claim

Practicing Law in Harm’s Way

Preference Exposure Expands to Unsuspecting Creditors

Privacy Groups Advocate “Do Not Track List”

Privacy Roadmap Offered By California Supreme Court

Property Diminution of Value Claims in Pipeline Explosion Cases

Protecting a Trustee’s Attorney-Client Privilege: New Guidelines

Putting Clients First: Ethical Considerations in Disaster Recovery

Quashing Out-of-State Subpoenas to Internet Service Providers

Real Estate Broker’s Designated Officer is Not Individually Liable to the Firm’s Clients for Failure to Supervise

Real Estate Inside

Real Estate Professionals: Not-So-Subprime Targets in Subprime Mortgage Litigation

Real Estate Transactions: Is There a Duty to Disclose Prior Lawsuits?

Recent Caselaw Regarding Jurisdiction Over Corporations in California

Reminder: There’s No “Zone” In California

Reps and Warranties in Contract are No Basis for Securities Laws Claims

Results and Observations: How a Multistep Med-Arb Produced a Fast(er) Settlement (Part II of II)

Retailer Update

Retailers OK’d to Require Extra Personal ID for Merchandise Returns on Credit Card

Retailers’ Email Receipts May Show Card Expiration Dates

Rethinking Lawyer Advertising Rules

Revised INCOterms For Global Trade Contracts, Including Terminal Handling Charges

Rights-of-Way Ruling in Ninth Circuit: Siting Permits May Consider Aesthetics

Road Map for Domain Name Seizure (All Roads Lead to Registry)

Rule Changes Bring Up Issues for Both Lawyers and the Public

Rules of Thumb for Landlords Facing a Tenant’s Bankruptcy

Rural Broadband Strategy Report from FCC

San Francisco Health Care Ordinance Not Preempted by ERISA, Forecasts Ninth Circuit

Satellite-Only Tax Valid in Ohio

Schwarzenegger Raises RPS Requirement to 33% by 2020

Screening for Conflicts in California

Section 365 Defense Trumps Preferences

Seller Forced to Return “Non-Refundable” Deposit in Rising Real Estate Market

Senior & Disabled Plaintiffs Get Treble Damages for Unfair Practices?

Seven Steps Employers Should Take to Help Comply With GINA Regulations

Sexual Comments Not Necessarily Actionable, State Supreme Court Says in Friends Decision

Ship Tax by Tonnage Found Unconstitutional by U.S. Supreme Court

Smart Meters, Home Monitoring and Privacy at the CPUC

So – Can Trust Beneficiaries Be Required to Arbitrate? New Development

So – Can Trust Beneficiaries Be Required to Arbitrate? Not Quite the Last Word

So – Can Trust Beneficiaries Be Required to Arbitrate?

Social Media Enters the World of High Finance: Equity Crowdfunding

Some Lessons Learned From a Litigator on Drafting and Enforcing Arbitration Clauses

Some Lessons Learned on Real Estate and Financial Solutions in a Difficult Economy

Sophisticated Clients Beware

Spam Catcher Suit Fails

Standing to Sue a Distributor for Refusing to Approve Acquisition of a Retail Franchise or Dealership

Stock Purchase Agreement Reps & Warranties Need Explicit Language to Terminate

Streamlined Bank Levies Now Available in California

Subprime Lawsuits: Who is Suing Whom, and Why?

Subprime Problems Spill Over to Commercial Real Estate

Subscription Auto-Renewal Statute in California

Supreme Court Clarifies Induced Patent Infringement

Supreme Court Holds Injunctions Not Automatic for Patent Infringement

Tax Alert: Codification of Economic Substance Doctrine

Telecom Providers’ “Red Flags” Identity Theft Rules Deferred to August 1, 2009

Ten Employment Termination Traps

Ten Things You Ought to Know About Changes to the Bankruptcy Code

Terminating an Employee for Behavior “Caused By” a Disability

Text Messages Covered by “Do-Not-Call” Law, Says Ninth Circuit

The California Legislature Approves Written Agreements Restricting Moonlighting

The Coming San Bruno Explosion Litigation: Some Lessons Learned from Past Explosion Cases

The Department of Justice’s Investigation into Online Music

The Foolproof Way to Select a Mediator According to the Experts

The History and Future of the California High Cost Fund

The Rush to Jump on The “Green” Bandwagon

Title Insurance: What Corporate Counsel Should Know

To Our California Bankruptcy Forum Colleagues

Top 10 Lease Negotiation Tips for Commercial Landlords

Top 10 Lease Negotiation Tips for Commercial Tenants

Tort of Intentional Interference with an Expected Inheritance Recognized for First Time in California

Trademark Licensees’ Rights in Bankruptcy – Lessons Recently Learned

Trademarks 101

Trends in Wage and Hour Class Actions Against the Construction Industry

Trustee of Revocable Trust Not Answerable to Remainder Beneficiaries

Trustee of Revocable Trust Not Answerable to Remainder Beneficiaries

Two Appellate Court Decisions Clarify “Administrative Exemption” From Overtime Pay Requirements

U.S. Launches the 2010 Joint Strategic Plan on Intellectual Property Enforcement

U.S. Supreme Court Adopts “Nerve-Center” Test for Corporate Citizenship in Diversity Jurisdiction

U.S. Supreme Court Allows Review of Employee Text Messages on City Pagers

U.S. Supreme Court Expands Sweep of Arbitration

Underground Trenching and California’s “One Call” Statute: The End of Owner Liability or Just the Beginning?

Undue Influence Principles at Work in Attacking Financial Transfers

Update on Personal Guarantees of Real Estate Loans

Update on Prospects for Lender Efforts to Dismiss Debtor Bankruptcy Filings Under the “Single Asset Real Estate” Rule

Update on Real Estate Lessons Learned from the Courtroom

UPDATED: NLRB Adopts Final Rule Requiring Workplace Posting of Employee’s NLRA Rights

Vendor’s Overseas Employees Lack Standing to Sue Under Customer’s Labor Standards

Verifying Employment Eligibility: Revised Form I-9 and E-Verify Update

Videos & Disability Access: Video Accessibility Act of 2010

Wages for Pre/Post-Shift Database Uploads

Waiver of Tenant’s Termination Right in Commercial Leases

Waivers in Guaranties and Loan Agreements in Today’s Environment of Lender Distrust: How Reliable Are They?

What Deductions Can Employers Take From Exempt Employees’ Vacation and Sick Leave Banks Now that Partial Day Deductions Are Permitted?

When Your Judgment Debtor Is A Member of A Nevada LLC

With New Technology Comes New Responsibility

Work Made for Hire Trap in Independent Contractor Agreements