California

Expert Analysis

• Reducing The Regulatory Risk Of Merchant Cash Advances

  

  Courts and regulators have reached different conclusions on whether merchant cash advances and unpaid invoice purchases constitute loans subject to state lender licensing and usury regulations. Attorneys at Buckley discuss how to minimize the chances of these transactions being recharacterized as loans.

• The Precarious State Of Public Injunction Waivers In Calif.

  

  Two years ago, in McGill v. Citibank, the California Supreme Court made arbitration agreements that preclude consumers from seeking public injunctive relief unenforceable. But some federal courts have deviated from that holding so as to make its future uncertain, say Brian Kabateck and Brian Hong of Kabateck.

• State Net

  Why States And Cities Are Concerned About Census Accuracy

  

  The 2020 census will impact every state, city and county in the United States, because population is a major factor in how the federal government distributes funds. Despite apprehensions about an undercount, there are reasons for optimism about the accuracy of the census, says Lou Cannon of State Net Capitol Journal.

• Key Takeaways From Roundup Verdicts So Far

  

  On May 13, a California jury returned a $2 billion verdict against Monsanto in the third trial over allegations that its popular weedkiller Roundup causes cancer. The Roundup trials highlight the importance of issues including punitive damages, celebrity influence and the value of jury exercises, say attorneys at Wiley Rein.

• Q&A

  A Chat With Gilead Sciences Legal Ops Leader Gary Tully

  

  In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

• Cybersecurity Enforcement Shouldn't Be Left To FCA Relators

  

  The denial last week of a contractor's motion to dismiss a False Claims Act case in the Eastern District of California wrongly looks to whistleblowers for cybersecurity enforcement and may allow cybersecurity to become the qui tam bar’s next feeding ground, say Robert Metzger and Stephen Bacon at Rogers Joseph O'Donnell.

• High Court Hyatt Decision Will Limit State Tax Appeal Options

  

  This week’s straightforward U.S. Supreme Court opinion in Franchise Tax Board v. Hyatt was rooted in sovereign immunity concepts and is unlikely to have ongoing state tax impacts other than limiting where taxpayers can bring suit, says Jeffrey Reed of Kilpatrick Townsend.

• Opinion

  Calif. Fair Pay Law Is Unfair To Startup Founders

  

  It's time for legislatures and courts to recognize the unfair burden the California Fair Day’s Pay Act has placed on company leaders — like founders of California startups — by holding them liable for failure to pay wages, say David Siegel and Mital Mikada of Grellas Shah.

• FBAR Taxpayers May Face Steeper Failure-To-File Penalties

  

  U.S. v. Boyd, a California federal court case decided last month, suggests that the IRS could be transitioning to a more aggressive penalty approach for foreign bank and financial account reporting violations — meaning more risk for U.S. taxpayers with multiple foreign financial accounts, say Friedemann Thomma and Rebecca Chappell of Venable.

• Series

  Why I Became A Lawyer: Completing The Journey Home

  

  My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.