Court to mull reliability of Shaken Baby diagnoses

R. Shanti Brien quoted in Daily Journal (registration required), Oct. 16, 2015

R. Shanti Brien, lecturer at UC Berkeley School of Law and a criminal appellate attorney, said that such a result would “exemplify the Antiterrorism and Effective Death Penalty Act’s value of finality over fairness.”

Solar program faces utilities’ challenge

Steven Weissman quoted in Daily Journal (registration required), Oct. 15, 2015

“People are trying to understand what should be legitimately considered a benefit,” Weissman said. “Is net metering adding costs or reducing costs to the system? That’s the question underlying this whole debate. There’s no clarity on that and no uniformity in the approach used to analyze that around the country.”

Digital orphans: The massive cultural black hole on our horizon

Lila Bailey writes for Techdirt, Oct. 13, 2015

We are looking down the barrel of a serious crisis in terms of society’s ability to access much of the culture that is being produced and shared online today. As many of these born-digital works become separated from their owners, perhaps because users move on to newer and cooler platforms, or because the users never wanted their real identity associated with this stuff in the first place, we will soon have billions upon billions of digital orphans on our hands.

What’s behind corporate America’s merger mania?

Steven Davidoff Solomon interviewed by Marketplace, Oct. 13, 2015

“Essentially, we’re getting bigger and bigger companies that need global proportions to survive and prosper,” said Steven Davidoff Solomon. …. “In a number of markets, you’re going from four players to three, possibly three players to two. And companies are trying to get dominant positions in the market before they themselves are acquired.”

With EMC deal, Dell returns to public markets

Steven Davidoff Solomon writes for The New York Times, Oct. 13, 2015

So Dell is triumphantly, if not quite openly, returning to the public markets. The only difference is that Dell’s equity will be controlled by Michael Dell, Silver Lake and the rest of the buyout group. There will be no pesky shareholder to deal with who can influence this group.

FTC freezes put defendants at disadvantage, attorneys say

Charles Weisselberg quoted in Daily Journal (registration required), Oct. 13, 2015

Luis v. United States, takes on an even narrower question. … Though Luis won’t apply to civil cases or administrative proceedings, Weisselberg said, the court’s opinion may reveal whether the court feels the government is overly aggressive in seizing assets before adjudication.

A lesson from UC Berkeley’s ‘Deal Professor’

Steven Davidoff Solomon interviewed for The Recorder (registration required), Oct. 12, 2015

With public deals, there’s the disclosure issue, which is significant. It’s just the nature of the beast. When you’re going quick, you work off the form, you try and keep your head, and you try and get people to read it. But to say go slower is like saying ‘Don’t fly airplanes so they don’t crash.’ It’s just inherent.