Election & Politics Law › Civil Procedure › Commercial Law & Contracts

Reforming Proposition 65: Governor’s “Update” Is a Promising Start

Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread...more

Nevada Legislature Considers Bill To Authorize Forum Selection Charter Provisions

Late last month, the Nevada Committee on Judiciary introduced a bill that would, among numerous other things, authorize forum selection provisions in corporate and other Nevada entity charters. If SB 441 is enacted, a...more

ITC Proposes New Limitations on Discovery

In a recent Notice of Proposed Rulemaking, the U.S. International Trade Commission (ITC) promulgated for comment revisions to its Section 337 discovery procedures. If implemented largely as proposed, which is likely given the...more

Why Politicians Should Read The Corporations Code (Or At Least This Blog)

Last September, I wrote about California’s unincorporated associations law. In ”Thinking About Joining A Club? You May Want To Consider These Corporations Code Provisions First“, I noted that Title 3 of the California...more

Fight Begins Over Prop 33 - Even as to the Ballot Language

Though the election is still three months away, and the campaigning over California’s Prop 33 (the automobile insurance portable persistency initiative) has not yet begun in earnest, the ballot proposition is already being...more

Florida Supreme Court Denies Review in Gambling Expansion Case

The Florida Supreme Court recently denied a request for it to review the Florida Court of Appeal’s determination that a Florida statute is valid even though it authorizes slot machines at entities other than those that are...more

Jams Dispute Resolution -- Spring 2012

In This Issue: IN DEPTH -- Growing Trend of Third-Party Litigation Funding Creates Mixed Opinions; ADR CONVERSATIONS -- JAMS Panelists Receive Prestigious ADR Award; ADR NEWS & CASE UPDATES; DOMESTIC FOCUS -- Good Faith...more

Aircraft Transactions Continue to Receive Heightened Scrutiny from State Tax Authorities

Originally published in the Journal of State Taxation on April 1, 2012 In this down economy, aircraft owners have heard politicians in Washington turning up the rhetoric, complaining about corporate aircraft "tax breaks"...more

MBHB Snippets - Review of Developments in Intellectual Property Law, Summer 2011, Volume 9, Issue 3

In This Issue: 1 On the Brink of Change — Congress Passes Patent Reform 1 ICANN’s Proposal for New Generic Top Level Domain Names 8 The Supreme Court Review of the Federal Circuit: Recent Decisions with Varying...more

Trade & Manufacturing Alert - September 2011

In This Issue: - 01 “False Statement” Dispute In U.S.-China Trade Remedy Cases - 01 Despite Senate Procedural Agreement, Uncertainty Continues on TAA/FTAs - 02 Brazilian President Announces Plan To Revive...more

Illinois Supreme Court Sets Civil Argument Schedule for September

In This Issue: This afternoon the Illinois Supreme Court published its Oral Argument Calendar for the September term, and the Court will hear oral argument in ten civil cases. The cases, with the issue or issues...more

Gaming Legal News - July 20, 2011 • Volume 4, Number 22

In This Issue: - CHANGES TO HEARINGS AND APPEALS IN GAMING REGISTRATION MATTERS IN ONTARIO by Michael D. Lipton - SUPREME COURT DISMISSES LARGE CLASS ACTION AGAINST WAL-MART FOR LACK OF COMMONALITY AMONGST...more

No Settlement in $58,000,000 Judgment Against Homebuilder Bob Perry

The seemingly endless lawsuit between two homeowners and their builder will continue, now that post-verdict mediation has failed. An article in the New York Times reports that settlement discussions have broken down between...more

New Legislation on Wrap-up Insurance And Indemnity Clauses

Owners, developers and major general contractors are ramping up their use of wrap-up insurance policies on building and industrial projects. When sponsored by an Owner, wrap-ups are dubbed Owner-Controlled Insurance Program...more

How will the Family Smoking Prevention and Tobacco Control Act Impact the Electronic Cigarette Industry? by Azim Chowdhury

Almost a decade after the Supreme Court determined the U.S. Food and Drug Administration (FDA) did not have jurisdiction over tobacco products in Brown & Williamson Tobacco Corp. v. FDA, 153 F.3d 155 (2000), on June 12, 2009,...more

NLRB UPDATE: Key Precedents Likely to Fall Under Liebman Board: Part VI

In February 2009, President Obama appointed long-time Board member Wilma Liebman as Chairperson of the National Labor Relations Board (NLRB). As a member of the Bush-era Board under former Chairperson Robert Battista, Ms....more

Federal Court Limits Retroactive Application of FCA Amendments

Congress recently expanded contractors’ liability under the civil False Claims Act (FCA). The substantive changes include eliminating the presentment requirement, adding liability for claims seeking non-United States funds,...more

New FCA Materiality Definition Enters Time Warp, Influences Interpretation of 1986 Statute

The civil False Claims Act (FCA) prohibits using false statements related to a false claim. (Other types of FCA liability include presenting a false claim, concealing an obligation to pay money to the government, and...more

RMF Litigator - January 2009

IN THIS ISSUE: *Striking Key To Keyboard: Email and the Statute of Frauds *The Court Of Appeals’ Search For A New Chief Judge *Removal Refresher Please see full newsletter below for more information....more

Hub City Solid Waste Services, Inc. v. City of Compton

Respondent's Brief on Appeal

This is a public corruption case arising from a violation of state conflict of interest laws governing the award of public contracts. After a multi-week trial, a unanimous jury concluded that appellants procured a fifteen...more