Administrative Law, Constitutional Law, Commercial Law & Contracts

Supreme Court Hears Argument on States’ Ability to Exclude Public Records Access for Non-Citizens

by Jason Britt, John Zabriskie | Foley & Lardner LLP on 2/22/2013

On February 20, 2013, the U.S. Supreme Court heard oral argument in McBurney v. Young, No. 12-17, a case with potentially major implications for businesses that use state freedom of information acts (FOIAs) to obtain...more

California County Drops Consideration Of Eminent Domain Proposal

by BuckleySandler LLP on 2/4/2013

On January 24, a Joint Powers Authority established by San Bernardino County decided not to pursue a proposal under which the County would use eminent domain power to seize underwater mortgages from private trusts and provide...more

San Bernardino Not Moving Forward with Proposed Plan to Condemn Underwater Mortgages

by Rick Rayl | Nossaman LLP on 1/25/2013

For the better part of a year, we've been writing about the controversial proposal to use the power of eminent domain to condemn underwater mortgages, allowing homeowners to have a new loan that better reflects the underlying...more

Fenwick Employment Brief - January 2013

by Dan Ko Obuhanych, Michael A. Sands | Fenwick & West LLP on 1/17/2013

In This Issue: *FEATURE ARTICLES - New Pregnancy and Disability Regulations for California Employers - Washington Federal Court Declines to Uphold Broad Non-compete Restrictions Against California...more

Big Year For Published Eminent Domain Decisions

by Brad Kuhn, Rick Rayl | Nossaman LLP on 1/15/2013

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

School Shooting Prompts New Look at Gun Laws

by Aaron Kase | Lawyers.com on 12/18/2012

In an unthinkable tragedy, a gunman on Friday killed 26 people in an elementary school in Newtown, Conn., including 20 children, before he took his own life. Adam Lanza, 20, shot his mother to death in her house before...more

Federal Court Tosses Illinois Concealed Carry Ban

by Aaron Kase | Lawyers.com on 12/14/2012

The 7th U.S. Circuit Court of Appeals yesterday threw out an Illinois law banning concealed handguns, which had been the nation’s only blanket law against concealed carry. Lawmakers will have 180 days to rewrite the...more

Right-To-Work Becomes Law In Michigan: What It Means For Employers

by Varnum LLP on 12/12/2012

On December 11, 2012, the Michigan House passed and Governor Snyder signed HB 4003 and SB 116, commonly referred to as "right-to-work" legislation. This legislation effectively prohibits a "closed" union shop...more

‘Off-Label’ FDA Cases Can Run Afoul of First Amendment, Appeals Court Holds

by Jeff Ifrah on 12/6/2012

A recent decision by the U.S. Court of Appeals for the Second Circuit may significantly curtail enforcement efforts relating to the so-called “off-label” use of drugs approved by the Food and Drug Administration for specific...more

"Second Circuit Vacates Conviction Based on Off-Label Promotion, Deals Blow to Government Theory in Drug Marketing Cases"

by John T. Bentivoglio, Jennifer L. Bragg, David B. Leland, Michael K. Loucks, Gregory M. Luce | Skadden, Arps, Slate, Meagher & Flom LLP on 12/5/2012

In a much-anticipated opinion, the U.S. Court of Appeals for the Second Circuit vacated and remanded the conviction of Alfred Caronia, a former pharmaceutical sales representative convicted of conspiring to introduce a...more

Californians Like To Whistle While They Work

by Allen Matkins Leck Gamble Mallory & Natsis... on 11/30/2012

California Ranked No. 1! The staff at the Securities and Exchange Commission recently released the 2012 Annual Report on the Dodd-Frank Whistleblower Program. It turns out that California leads the other states in...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

by Brad Kuhn, Ben Rubin | Nossaman LLP on 11/29/2012

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

Domain Names and the First Amendment: The Latest Word

by Jeff Ifrah on 11/26/2012

The intersection of domain names and the First Amendment is not new. Indeed, in the early days of the domain name system, courts considered the issue of whether a domain name registrar could prohibit the registration of...more

Indonesian State Owned Upstream Oil and Gas Regulator Invalidated by Constitutional Court

by Raja Bose | K&L Gates LLP on 11/15/2012

BPMIGAS (the Indonesian state upstream oil and gas regulator) has effectively been invalidated by the Constitutional Court. On November 13, 2012, the Constitutional Court annulled certain provisions of Law 22 of 2001 on...more

Section 8 Housing: Safety Net or Tangled Web? An Overview of Section 8 Tenancy Termination and Related Due Process Issues

by Miller Starr Regalia on 11/6/2012

There is no question that the federal government’s Section 8 housing assistance rent subsidy provides an invaluable safety net to impoverished, elderly, and disabled members of our community. The Department of Housing and...more