Civil Litigation,
Appellate Practice
Jul. 10, 2015
Treading on out-of-state conduct
Recent cases consider some of the vexing question that arise when California tries to project its regulatory power beyond state borders.
Donald M. Falk
Partner
Schaerr Jaffe LLP
Phone: (415) 562-4942
Fax: (650) 331-4530
Email: dfalk@schaerr-jaffe.com
UC Berkeley Boalt Hall
Donald is a partner in the firm's Supreme Court and appellate practice. He is based in Palo Alto.
Several months ago a column here considered some of the vexing questions that arise when California tries to project its regulatory power beyond state borders. See "A state's regulatory wingspan" (Nov. 13, 2014). Since then, the en banc 9th U.S. Circuit Court of Appeals decided one of the cases mentioned, and held that California could not constitutionally regulate the distribution of profits from art sales conducted outside the state. Sam Fran...
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