Archives for October 2012

Why are Californians Paying More for Gasoline: Anticompetitive Conduct or Competitive Market Dynamics?

By Alan P. Meister, Ph.D. and Douglas A. Herman, Ph.D.[1] Editor’s Note: I am pleased to post an article written especially for this blog by readers of Left Coast Law. Alan and Doug, who were kind enough to come to our recent LeftCoastLaw blog launch party, were inspired to consider some antitrust issues after reading a […]

New FDA Probe and Wrongful Death Action Confirm Emerging Liabilties Relating to Energy Drinks

I always hate to say “I told you so” but what did I tell you?  Left Coast Law predicted just a few weeks ago (here), that there will be a number of new California lawsuits relating to energy drinks being consumed by kids (including a few of my own–you know who you are and your […]

Proposition 37 and the Law of Unintended Consequences

For readers outside of California (and the 4-5 Californians who haven’t watch TV or listened to the radio in the last six weeks), Prop 37 is a ballot initiative that would require labeling food that includes genetically modified ingredients.  A comprehensive post on Prop 37 is long overdue on this blog—although a simple Google search […]

A Primer on California Privacy Law: How Things Are Different in the Golden State

The storage, protection and use of personal data presents significant regulatory and litigation risks for any business. In our Information Age, the sheer volume and varied uses and abuses of data grows exponentially. Companies must recognize not only the potential upside to their treasure trove of data but corresponding litigation and regulatory risks that accompany […]

New Litigation Risks Relating to Greenwashing Claims

As discussed in a post a few weeks ago by my colleague, Lynnda McGlinn, one of the newer types of consumer class action litigation relates to the concept of greenwashing—the claim that a company is making unsubstantiated representations about the eco-friendly nature of a product or service.  While you may not be familar with the […]

A Graphic That Will Raise a Californian’s Blood Pressure–Gas Prices Illustrated

The graphic below makes me wonder if I could save money by driving to Las Vegas to fill up with gas every few days! The interactive version of this map is available at’s website.  It is interesting to me that there are stark variations to follow state line borders illustrating the fact that states […]

Patent Litigation and Free Enterprise: Are We Stifling Competition and Innnovation?

In today’s New York Times, there is a fascinating article about our patent system and how patent litigation has become a dominating force impacting—and in some respects, discouraging—technology innovation.  Apart from having strong feelings about “patent trolls” which are discussed only briefly in this article and will be addressed in another blog post, I do […]

What is California’s Unfair Competition Law?—The Michael Scott Explanation

The UCL, codified as Bus. & Prof. Code Section 17200, provides for injunctive and other relief for any business practice that is “unfair,” “unlawful” or “fraudulent.”  Volumes could be written on this statute but, in keeping with the objective of our Michael Scott Explanation series, this post will just touch the highlights.  The starting point for understanding the […]