California Supreme Court Confirms Independent Wrongfulness Requirement for Certain Tortious Interference Claims and Clarifies Section 16600 Standard

Competitors battle in the marketplace and sometimes battle in the courts. Bona Law is an antitrust and competition boutique law firm, but most people think of the “competition” part of that description as redundant to the antitrust label. That is not a surprise because outside of the United States, most people refer to antitrust law as […]

Jarod BonaPartner, Bona Law PC

The State Action Doctrine for Federal Constitutional Claims

The Bill of Rights in the U.S. Constitution, as a general rule, only regulates and restricts government action. It does not cover private individuals, organizations, or businesses. This means that a person can only bring a claim for a violation of their constitutional rights against a “state actor.” Much of the time, the State Action […]

Jarod BonaPartner, Bona Law PC

California Supreme Court Provides Seven-Factor Test for Motions to Quash Criminal Subpoenas

On August 13, 2020, the Supreme Court of California issued its decision in Facebook, Inc. v. Superior Court (Lance Touchstone), S245203, which examines the enforceability of third-party subpoenas issued by criminal defendants in California. Chief Justice Cantil-Sakauye, who authored the opinion on behalf of a unanimous Court (as well as a separate concurring opinion), stated that “there […]

Hartwell Thalacker, Ltd. meet with The Torrey Firm

Members Rebecca Torrey (The Torrey Firm) and Laura Thalacker (Hartwell Thalacker, Ltd.) enjoyed an outdoor, socially distanced visit on August 15th while Rebecca was traveling.  Rebecca and Laura, respectively, are the California and Nevada Labor & Employment members for IR and, through the network, have worked closely together on several matters and frequently collaborate.  

Laura ThalackerFounding Member, Hartwell Thalacker, LTD.

Can My Farm Cooperative Impose Production Restraints During Covid-19 Without Violating the Antitrust Laws?

Author: Aaron Gott and Nick McNamara As the effects of the ongoing COVID-19 pandemic continue to ripple across all sectors of the economy, agriculture has been hit especially hard. The widespread closure of restaurants combined with the general hit on most Americans’ wallets has precipitated a massive demand shock, which in turn has sent the prices of agricultural products […]

Aaron GottOf Counsel, Bona Law PC

First Amendment Constitutional Limitations on Government Restrictions of Commercial Speech

The First Amendment to the U.S. Constitution protects the right to freedom of speech. As it is written, the Free Speech Clause constrains the government’s power to punish people based on the content of their speech, or to restrict people’s ability to speak. But not all speech is created equal under the law, and the […]

Jarod BonaPartner, Bona Law PC

Client Alert: EU Court of Justice Invalidates the EU-US Privacy Shield

An important and unexpected ruling was handed down by the Court of Justice of the European Union (CJEU) on July 16, 2020, in Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (“Schrems II”) that invalidates the EU-U.S. Privacy Shield (“Privacy Shield”) arrangement. Since 2016, the Privacy Shield provided U.S. companies with a mechanism to comply […]

Jessica StaheliExec. Vice President, Scherzer International

A New Manatt Webinar Shares a Roadmap to Navigating TCPA Compliance During the Pandemic. Click Here to Register Free.

On March 20, 2020, the Federal Communications Commission (FCC) issued a Declaratory Ruling that exempted certain calls and texts related to COVID-19 from Telephone Consumer Protection Act (TCPA) requirements. In a public notice issued on July 28, it confirmed that the “safe harbor” created for the public health emergency covers calls by healthcare entities to […]

President Trump Signs Drug Pricing Executive Orders: How Will They Impact Pharma and Providers?

Prescription drug pricing is emerging as one of several healthcare issues that may become a focus of the presidential race as well as contested congressional races this fall. With pending legislative attempts to control drug prices and reform the Medicare Part D prescription drug benefit stalled because of partisan disputes, President Donald Trump stepped into […]