September 2016

30 Sep Eye Spy – Whistleblowing in the Post-Dodd-Frank Era.

Posted at 01:00h in Securities Litigation & Regulation by Ron Wood

Five years after the Securities and Exchange Commission (“SEC”) established its Office of the Whistleblower, its whistleblower program has matured and seems rooted for the long term. Since inception, the Office has received more than 14,000 tips from around the world, which has increased annually...

21 Sep How Would California’s Prop 64 Change Drug Law Enforcement?

Posted at 14:28h in Criminal Defense by Natalie Bermudez

Since the Compassionate Use Act (Prop 215) passed in 1996, California has had some of the most lenient marijuana laws in the United States. Under California Health and Safety Code section 11357, possession for personal use (or “simple possession”) of not more than 28.5 grams of...

20 Sep Department of Justice Directs Forensic Trial Witnesses to Stop Claiming “Scientific Certainty.”

Posted at 23:53h in Criminal Defense by Caleb Mason

Last week the U.S. Department of Justice issued directives to all DOJ agencies regarding accurate analysis and presentation of forensic evidence. The directives can be found here. Directive Number 1 provides that agencies must now “ensure that forensic examiners are not using the expressions ‘reasonable scientific...

15 Sep Demystifying The “New” Proportionality Requirement For Rule 26 Civil Discovery

Posted at 18:15h in Litigation by Evelina Gentry

On December 1, 2015, the latest amendments to the Federal Rules of Civil Procedure took effect. The most significant changes was an amendment to Federal Rule of Civil Procedure 26(b)(1), which defines the scope of permissible discovery. Gone is the familiar phrase used in discovery...

14 Sep Recent Publications On Free Speech And Best Practices

Posted at 14:33h in Criminal Defense, Litigation by Ken White

This week I have two columns up elsewhere. At the Daily Journal, I wrote about the State of California's constitutionally questionable decision to prevent an artist from showing a Civil War painting at the Big Fresno Fair on the dubious grounds that it violated a...

13 Sep Ninth Circuit Clarifies When Public Schools Can Discipline Off-Campus Speech

Posted at 15:12h in Litigation by Ken White

Those of us of a certain age remember schools being unaware of bullying or indifferent to it. But for the last decade American schools have increasingly sought to prevent and punish various forms of bullying, motivated both by a concern for student well-being and effective...

12 Sep California’s New Electronic Communications Privacy Act

Posted at 15:40h in Criminal Defense by Natalie Bermudez

On October 8, 2015, Governor Jerry Brown signed the California Electronic Communications Privacy Act (“CalECPA”), which took effect on January 1, 2016. While not the first digital privacy legislation in the United States, CalECPA has been hailed as a landmark victory for digital privacy. The law...

06 Sep Brown White & Osborn Attorneys Jack Osborn and Mark Flory Become Certified Specialists In Estate Planning, Trust and Probate Law

Posted at 14:49h in Probate, Trusts & Estates by Brown White & Osborn LLP

Jack B. Osborn and Mark J. Andrew Flory, attorneys with Brown White & Osborn LLP, have been certified by the State Bar of California Board of Legal Specialization as Certified Specialists in Estate Planning, Trust and Probate Law. The rigorous process of becoming a certified specialist...

02 Sep Victory In Trial Of Crucial First Amendment Case

Posted at 00:00h in Criminal Defense by Brown White & Osborn LLP

Brown White & Osborn LLP is thrilled to announce today’s successful result in the pro bono defense of our client Peter Wexler. The United States charged Mr. Wexler with twenty counts arising from his blog posts, claiming that he made criminal threats against an Assistant Director...