Publications

Publications

Articles

  • Current State of Affairs for California Contractors Presents Liability Difficulties
    California Construction.com - December 1, 2003
    Due to the significant rise in construction defect claims in California, insurance companies are dropping their contractor insureds. This occurs to large general contractors, as plumbers, drywall installers, roofers and the like.

    In many instances, when a contractor tenders a claim to his or her carrier, the carrier refuses to renew the policy at the end of its term. In other instances, carriers offer to renew the policy in exchange for exorbitant increases in policy premiums that contractors cannot afford.

  • Evicting Landlords: Pendulum Designed to Protect S.F. Tenants Has Swung Way Too Far
    The Daily Journal - Copyright 2004 Daily Journal Corp. Reprinted with permission. - December 1, 2003

    The San Francisco Residential Rent Stabilization and Arbitration Ordinance was adopted in June of 1979 to protect tenants from being evicted from their units by landlords seeking to increase rents.

    In a market as dense and compact as San Francisco’s, the shortage of affordable housing was an obvious concern. The idea was to position the pendulum more on the side of the tenants. However, the ordinance has pushed the pendulum so far that it has impaired substantially the rights of property owners and given tenants an unfair advantage.

  • Treble Damages: Defending a Wrongful Eviction Suit Under the S.F. Residential Rent Ordinance
    California Real Estate Journal - Copyright 2004 Daily Journal Corp. Reprinted with permission. - November 10, 2003
    Trebled damages in wrongful eviction disputes in San Francisco and other counties render awards that are arbitrary, excessive and disproportionate to the legislative purpose behind treble-damages provisions.

    Chapter 37 of the San Francisco Administrative Code comprises the Residential Rent Stabilization & Arbitration Ordinance. Section 37.9 provides explicit grounds for allowing a landlord to recover possession of a rental unit. Should a landlord attempt to recover possession not substantially fall with one of the enumerated grounds, the landlord may be found liable for a “wrongful endeavor to recover possession,” in violation of the ordinance.
  • Supreme Court Clarifies the Meaning of "Origin of Goods" in Trademark Law
    Intellectual Property & Technology Law Journal - November 1, 2003
  • People Power System of Initiative, Referendum, Recall Retains Its Potency
    Daily Journal - August 28, 2003
    By Michael J. Brady
    California is preparing for its historic Oct. 7 recall election. The recall
    is provided for in the state Constitution, in the section adopted in 1911,
    the same year that the initiative and the referendum provisions were
    enacted.

    1911 was a historic year. California's great reform governor, Hiram Johnson,
    was leading an effort to take back the state from the railroads and the
    robber barons who controlled politics through the Legislature. He succeeded.

    Power was restored to the people, and it has been exercised in significant
    ways ever since.
  • Beware Clever Metaphors! Eliminate Humor. California Cases Tells Advertisers to STOP!
    Law Fuel.com - August 13, 2003
  • Court Examines Boundary Between Expression, Idea
    Daily Journal - July 24, 2003
  • Right to Repair
    Daily Journal - June 30, 2003
    By Kevin P. Cody
  • Illinois V. Telemarketing Associates-A Radical Increase In First Amendment Protection For Commercial Speech
    SF Daily Journal - June 9, 2003
    On May 5, 2003, the U.S. Supreme Court handed down Illinois v. Telemarketing Associates, 2003 DJDAR 4867. The case radically transforms the First Amendment protection provided to commercial speech, a subject which many observers had believed would be addressed by the court in the just-argued case of Nike v. Kasky, 27 Cal.4th 939 (2002), cert. granted, 154 L.Ed.2d 767 (2003).

    Telemarketing Associates holds that, for commercial speech to be actionable, the plaintiff must prove knowingly misleading statements that the defendants intentionally designed to deceive.
  • The Arbitration Train That Cannot Be Stopped
    The Metropolitan Corporate Counsel - June 6, 2003
    By Michael J. Brady
  • Will Free Speech be Cowed?
    The National Law Journal - April 28, 2003
  • Mold: The New Hot Spore
    Claims Magazine - April 27, 2003
    By Kevin P. Cody

    For the plaintiff’s bar, mold is big business today. The media, ever attracted by the unusual and extreme, publish each unfounded and absurd claim, giving the impression that mold is a serious problem for the general population. In reality, the health threat from mold is more speculative than certain.

    The issue might be little more than the stuff of cocktail conversation were not the legal and financial implications so broad and daunting. The good news is that careful investigation and analysis can ferret out the hypochondriacs and limit the costs of remediation.

  • Case Limits Section 17200 Remedy To Injunctive Relief
    Daily Journal - April 14, 2003

    On March 3, the California Supreme Court handed down its long-awaited opinion in Korea Supply Co. v. Lockheed Martin Corp., 2003 DJDAR 2291 (Cal. March 3, 2003). Many hoped that the court would provide a definitive clarification of the restitution remedy available for violations of the unfair competition law, Business & Professions Code Sections 17200 and 17500.
    Yet the court seems to have used the opinion to address even more fundamental unfair-competition law issues. Korea Supply appears to represent a radical transformation of the restitutional remedy under the unfair-competition law.

  • Stop Blaming Everyone Else
    Silicon Valley Biz Ink - April 11, 2003
    By Michael J. Brady
  • Moving Away From Brookfield—The Ninth Circuit Reevaluates
    Intelectual Property Today - April 1, 2003
  • Kasky v. Nike
    March 1, 2003

    On behalf of two European media companies we filed an amicus brief with the United States Supreme Court in which we argued that the interpretation of Section 17500 B & PC by the California Supreme Court seriously interfered with the European Union’s requirements that companies report on social, environmental, and ethical issues in their annual reports.  Click "Read More" for the entire brief.

  • Defense Lawyer First And Good Citizen Second?
    February 1, 2003
    By Michael J. Brady
    In 1950, when I was a young lad of 9 years old, and in the fourth grade in West Texas, the entire fourth, fifth and sixth grades were trooped into the assembly hall and shown a graphic film about what cigarette smoking leads to. We were told, and shown dramatic presentations, of the harm that cigarette smoking does and that it inevitably led to marijuana, which led to heroin and ultimately death, the show always ending with some guy dead in the gutter with a bunch of needles and drug paraphernalia lying by his side.

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