Articles

  • 05.01.18

    Mooting Mootness

    EXCEPTIONALLY APPEALINGWith over 2,000 judges, California probably has the largest court system in the world. Such a massive system@directly employing about 19,000 people in over 500 buildings@is an expensive operation. To ensure the efficient use of over $4 billion in public funds, it is...

  • 04.25.18

    Eminent Domain, the Movie

    If you ever wanted to know what it@s like to be the target of a government agency that covets your home, go see a new movie called @Little Pink House.@ It is largely the backstory of Kelo v. City of New London, 545 U.S. 469 (2005). In case you have forgotten, Kelo was the case that earned...

  • 04.23.18

    California Employers Not Required to ‘Police’ Meal Breaks

    Why it mattersAs employers are not required to @police@ whether or not workers take meal breaks, a California appellate panel dismissed a putative class action suit seeking payment for missed breaks under state law. Norma Serrano filed a putative class action against Aerotek Inc., a company that...

  • 04.23.18

    SEC Awards Whistleblower Record Amount, Uses ‘Safe Harbor’

    Why it mattersContinuing its recent streak of notable whistleblower awards, the Securities and Exchange Commission (SEC) announced more than $2.2 million in the first award under the @safe harbor@ of Exchange Act Rule 21F-4(b)(7). The Rule provides that if a whistleblower submits information to...

  • 04.23.18

    How Can All-Payer Claims Databases Support Insurance Regulation?

    Editor@s Note: On March 24, 2018, Joel Ario, managing director at Manatt Health, and Kathy Hempstead, a senior advisor to the Robert Wood Johnson Foundation, delivered a presentation on All-Payer Claims Databases (APCDs) to the National Association of Insurance Commissioners (NAIC) Regulatory...

  • 04.23.18

    The Risk Corridors Program: Should the Government Pay?

    Editor@s Note: On March 24, 2018, Joel Ario, managing director at Manatt Health, and Kathy Hempstead, a senior advisor to the Robert Wood Johnson Foundation, delivered a presentation on All-Payer Claims Databases (APCDs) to the National Association of Insurance Commissioners (NAIC) Regulatory...

  • 04.23.18

    DSRIP Antitrust Considerations: The Case for a COPA

    Editor@s Note: On March 27, 2018, the author partnered with Christine White, vice president of legal affairs at Northwell Health, Inc., to present a webinar for the Greater New York Hospital Association (GNYHA) entitled @DSRIP Antitrust Considerations: The Case for a COPA.@ Highlights are...

  • 04.19.18

    Two Trials and Other Developments as RMBS Litigation Continues Unabated

    Almost a decade has passed since the mortgage foreclosure crisis of 2007@08, but the litigation from the economic fallout of the crisis continues. As one court put it, the 2007 residential mortgage-backed securitizations (RMBS) @earthquake may have subsided, but its aftershocks remain.@ Despite...

  • 04.18.18

    The Most Significant Music Licensing Bill in a Generation

    Dubbed @the most significant licensing bill in a generation,@ the Music Modernization Act is the product of broad consensus adopted by both the music business and its historic combatants. The House Judiciary Committee approved the act last week, and the Senate is expected to introduce a version...

  • 04.10.18

    Interest on Escrow Funds? Yes, Even From National Banks, Says Ninth Circuit in ‘Lusnak’

    In a shot across the bow for national banks, the U.S. Court of Appeals for the Ninth Circuit ruled that such banks may not avoid paying interest on funds held in California escrow accounts. The reason? The California law does not significantly interfere with or impede a national bank@s exercise...