• 04.04.19

    FCA Cases: Convincing DOJ to Move to Dismiss

    Manatt’s Jacqueline Wolff, a partner in the investigations and white collar defense group, wrote for Law Journal Newsletters on treatment of cases related to the False Claims Act under Attorney General William Barr.

  • 03.27.19

    Copyright: Supreme Court Limits ‘Full Costs’ Award

    In Rimini Street Inc. et al. v. Oracle USA Inc.,1 the Supreme Court held the Copyright Act, which gives federal district courts discretion to award “full costs” to a party in a copyright litigation, does not authorize awards of litigation expenses beyond the six categories of costs ...

  • 03.18.19

    Song-Beverly Credit Card Act: Litigation Developments and Guidance for Retailers Collecting ...

    “Retailers who regularly engage in credit card transactions in California should be aware of collection practices that may increase the risk of litigation under the Song-Beverly Credit Card Act. Recent case law provides valuable guidance for retailers seeking to collect customer PII while ...

  • 03.12.19

    The Music Modernization Act: A Songwriter's Guide to What Matters Next

    “The Music Modernization Act passed last October with much fanfare and excitement. But now, after the party, we are all looking at what that means, exactly. Here are a few areas to keep in mind as we move forward.”

  • 03.06.19

    Invisible Justice

    “The ordinary appellate path is well-worn: First comes paper pushing (i.e., filing the notice of appeal, record designations, and otherwise ‘perfecting’ the appeal), followed by paper production (i.e., brief writing), then oral argument, and finally the big payoff, the written ...

  • 02.27.19

    The Amazon Deal: Above All No Zeal

    “The recriminations over the Amazon pullout have been as bitterly tribal as the debate over the project itself. I think it would be helpful to provide an analysis of the political arithmetic underlying this Amazon debate, in the context of the clash between the political traditions of Gotham ...

  • 02.22.19

    An Eighth Amendment Takings Case

    “We have a different kind of takings case for you today. This one involves the state of Indiana’s seizure of a $42,000 Land Rover SUV. Why is that a big deal? Two reasons. Fundamentally, it allowed the U.S. Supreme Court to augment its Fourteenth Amendment due process jurisprudence by ...

  • 02.22.19

    Berger Writes for Daily Journal About Indiana Takings Case and Fourteenth Amendment Due Process

    “We have a different kind of takings case for you today. This one involves the state of Indiana’s seizure of a $42,000 Land Rover SUV. Why is that a big deal? Two reasons. Fundamentally, it allowed the U.S. Supreme Court to augment its Fourteenth Amendment due process jurisprudence by ...

  • 02.12.19

    Holy, Holey Rules!

    “The primal myth runs thusly: In the beginning, chaos blanketed the universe of California appeals. Papers were filed whenever, in whatever format, and the whims of lawyers and caprices of judges reigned. Then came the revered savior Bernie (that’s Witkin, not Sanders) to impose order ...

  • 02.12.19

    Does Brady Extend to Private Lawyers, Foreign Investigators?

    “More than 50 years ago, the state of Maryland convicted John Brady of murder without disclosing that Brady’s colleague had already confessed to the same homicide. Today we find such conduct shocking and contrary to a prosecuting office’s duty to ensure ‘not that it shall ...

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