Planting the Seed: Future Effects From the First Circuit and Sun Capital Partners

In July 2013, the First Circuit Court of Appeals found that a private equity fund constituted a “trade or business” under the Employee Retirement Income Security Act of 1974 (ERISA) in Sun Capital Partners III, LP, et al. v. New…

BALLOT MEASURES SEEK TO CURB WATER & JOB DROUGHTS IN CALIFORNIA'S CENTRAL VALLEY REGION

According to the Bureau of Labor Statistics, in August 2014, California’s unemployment rate was 7.4%.[1] That percentage ranks California’s unemployment rate as the 46th worst in the nation, tied with Michigan and Tennessee.[2] A substantial contributor to California’s unemployment numbers…

WAGE HIKE PROVES CALIFORNIA LAWMAKERS ARE UNMINDFUL OF BUSINESS REALITIES

One of the many problems facing California businesses is that lawmakers in the state are out of touch with the realities of running a business. Case in point, the recent increase in minimum wage for Los Angeles hotels. Last month,…

RIDESHARING COMPANIES AND CALIFORNIA: FRIENDS OR FOES?

After a fun night out of the town with your friends or family it is always important to stay safe and get home, not only in one piece but without causing any danger to others. In cities such as New…

ON THE LIMITATIONS OF REGULATORY DESIGN AND PLANNING

“What is the species of domestic industry which his capital can employ, and which the produce is likely to be of the greatest value, every individual, it is evident, can, in his local situation, judge much better than any statesmen…

WHY DID TOYOTA MOVE ITS HEADQUARTERS TO TEXAS?

Toyota, one of the biggest car manufacturers in the world, announced in May 2014 that it would be moving its headquarters, and 3,000 high-paying jobs, from Torrance, California to Plano, Texas – a suburb of Dallas. [1] Toyota had its…

CALIFORNIA’S DBE PROGRAM: CONSTITUTIONAL BUT COSTLY

Last year, the 9th Circuit Court of Appeals upheld a district court ruling that California’s Disadvantaged Business Enterprise (DBE) program was constitutional.[i] Even though it was ruled constitutional, the DBE program, as administered by the California Department of Transportation (Caltrans),…

WHY HOLLYWOOD IS FLEEING CALIFORNIA

For decades, California has been known as the place where hopeful actors, producers, and writers flock to get their chance at fame. Most of the prominent film schools call Los Angeles home, including The American Film Institute, USC Film School,…

WHAT DOES MANDATORY SICK LEAVE MEAN FOR CALIFORNIA'S BUSINESSES?

As of Wednesday, September 10, 2014, California joins Connecticut as one of only two states to mandate paid sick leave for employees.  Assembly Bill 1522, the Healthy Workplaces, Healthy Families Act, will require employers to provide at least three paid…

The First Amendment & Commercial Speech: What Does that Even Mean?

The right to free speech guaranteed by the First Amendment[i] is an extremely popular topic in academia, the legal field, and general public discourse. This right can be conceptually compartmentalized or broken down into subsets such as freedom of expression,…

GRAY AREA, GRAY AEREO

In recent years, the time-shifting capabilities of digital video recorders (colloquially “DVRs”) and the rising availability of cloud storage have dramatically altered the definition of watching TV. The average television viewer is no longer bound by the schedule set forth…