DOL Finalizes Disability Benefit Plan Claims Regulations

By TIFFANY N. SANTOS On December 19, 2016, the Department of Labor finalized the regulations governing disability benefit claims (see https://www.gpo.gov/fdsys/pkg/FR-2016-12-19/pdf/2016-30070.pdf). Intended “to promote fairness and accuracy in the claims review process and protect participants and beneficiaries in ERISA-covered disability plans,” the regulations for the most part adopt the rules proposed in November 2015 that Read more about DOL Finalizes Disability Benefit Plan Claims Regulations[…]

Share

When Estates Collide: A Discussion of the Intersecting and Conflicting Interests of a Debtor’s Bankruptcy Estate When She is Also a Spendthrift Trust’s Beneficiary

By Selwyn D. Whitehead, Esq. A. Introduction There has been a head-on collision in California courts concerning the equitable interpretation of Sections 15300 -15309 of the California Probate Code when juxtaposed against the Bankruptcy Code and the case law bankruptcy courts must analyze to determine the maximum interest, if any, a debtor’s bankruptcy estate can Read more about When Estates Collide: A Discussion of the Intersecting and Conflicting Interests of a Debtor’s Bankruptcy Estate When She is Also a Spendthrift Trust’s Beneficiary[…]

Share

Book Review: Bringin’ In The Rain: A Woman Lawyer’s Guide to Business Development

by Aileen Chou, Esq. Ten Rainmaking Steps from Bringin’ in the Rain Bringin’ in the Rain by Sara Holtz is an easy read that can be used as a daily exercise book to help its reader turn each chapter’s probing questions into a comprehensive strategic marketing plan. Ms. Holtz was an in-house lawyer and was Read more about Book Review: Bringin’ In The Rain: A Woman Lawyer’s Guide to Business Development[…]

Share

Sexual Harassment Goes Digital

News of the $20 million settlement reached in the FOX News sexual harassment suit has us—and other commentators—thinking about the current wave of sexual harassment claims. Sexual harassment remains a significant and expensive issue for employers even after all these years. The EEOC received more than 6,800 sexual harassment charges in 2015, and obtained more than Read more about Sexual Harassment Goes Digital[…]

Share

Book Review: Trials of The Century

Trials of the Century: A Decade-by-Decade Look at Ten of America’s Most Sensational Crimes By Mark J. Phillips and Aryn Z. Phillips Trials of the Century is a study in opposites.  Its often-gruesome subject matter is discussed with tact and a simple matter-of-factness; it is scholarly, thoroughly-researched yet wholly accessible; the authors apply a keen Read more about Book Review: Trials of The Century[…]

Share

Legal Repercussions of Open Source Software Licensing


By Nicholas Shen

Open-Source licenses allow for distribution of freely collaborated software. End user recipients can then review or modify the source code to further distribute. While these licenses can be individually tailored to each project, the most common licenses are those approved by the Open Source Initiative (OSI). All OSI licenses must conform to their Open Source Definition (OSD).   […]

Share

Call for Articles

The Palo Alto Area Bar Association (PAABA) is currently accepting articles for publication on www.paaba.org   We welcome short (150-1000 word) substantive articles on topics of interest to our membership, as well as substantive articles on legislative and policy updates, firm announcements, profiles of interesting attorneys, and reviews of books that are either authored by Bay Read more about Call for Articles[…]

Share

PAABA Report: The SOPA/PIPA Protest

On January 18, 2012, the tech community in Silicon Valley gathered in front of San Francisco’s City Hall to protest the proposed Stop Online Piracy Act (SOPA) and Protect Intellectual Property Act (PIPA) bills being considered by Congress and the House of Representatives. PIPA was approved by a senate committee and is now pending before Read more about PAABA Report: The SOPA/PIPA Protest[…]

Share

When Should a Small Business Pay ASCAP or BMI?

Ganka Hadjipetrova, Esq. A growing number of small businesses are being unpleasantly surprised with letters from performing rights organizations, such as the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI), with indirect or direct threats of copyright infringement.  The performing rights organizations, or PROs, which manage musical copyrights on behalf Read more about When Should a Small Business Pay ASCAP or BMI?[…]

Share