How Yahoo’s data breach could affect its deal with Verizon

Steven Davidoff Solomon writes for The New York Times, Sept. 23, 2016

Yahoo will most likely argue that the impact is minimal and that users are still happily using its site, albeit in somewhat declining numbers. But Verizon can claim that this is likely to have a material impact. In other words, this data breach is something that is tailor-made for litigation.

How Yahoo’s data breach could affect its deal with Verizon

Steven Davidoff Solomon writes for The New York Times, Sept. 23, 2016

Yahoo will most likely argue that the impact is minimal and that users are still happily using its site, albeit in somewhat declining numbers. But Verizon can claim that this is likely to have a material impact. In other words, this data breach is something that is tailor-made for litigation.

Clawbacks often leave out the clawing

Steven Davidoff Solomon quoted by Marketplace, Sept. 20, 2016

Since the financial crisis, said Davidoff Solomon, companies have added other reasons for clawing back money, “failure to supervise, bad faith, negligent in your duties.”

Death-penalty justice depends on where we live

Franklin Zimring quoted by Bakersfield.com, Sept. 20, 2016

As University of California Berkeley law professor Franklin Zimring observes, the determining factor for seeking the death penalty is not homicide rates or demographics, but “Who is the district attorney?” One elected official in each county is effectively the “decider” as to who faces the death penalty.

Public companies see gold in California

Steven Davidoff Solomon writes for The New York Times, Sept. 20, 2016

The five biggest companies in the United States by market value are all technology companies — Apple, Amazon, Facebook, Google and Microsoft — three of them with headquarters in California. Not one existed in 1965. The tech phenomenon has benefited California more than all other states, a rise that seems to be unabated.

Why Snowden doesn’t deserve a pardon

John Yoo interviewed by WSJ Video, Sept. 16, 2016

“If you actually look at what he leaked, he provided our rivals around the world, and our terrorist enemies, with a laundry list of all the different innovations and techniques that our NSA and our intelligence services were using to collect information on their efforts against … foreign terrorist plots. I couldn’t actually think of something more damaging.”

On the death penalty, California voters face two stark choices

Elisabeth Semel quoted by San Francisco Chronicle, Sept. 14, 2016

“It’s modeled after the laws in Texas, where we know innocent people have been executed,” said Elisabeth Semel, director of the Death Penalty Clinic at UC Berkeley Law School. Death penalty supporters heatedly dispute that claim, but Semel cited the Texas case of Cameron Todd Willingham, executed in 2004 for killing his three children in a fire that a series of experts, including one hired by the state, have since concluded was most likely accidental.