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Law Office Management, Law Practice

Time to dust off your law firm partnership agreement

Jan. 24, 2020
By Daniel O'Rielly, Dena Roche

We counsel our law firm clients to be at least as diligent about planning ahead for their own practices as they would suggest ...


Bankruptcy

In the decision of In re PW, LLC, the Bankruptcy Appellate Panel for the 9th Circuit held that the protections provided to a b...


Entertainment & Sports

Recent horse deaths prompt calls for industry change

Jan. 23, 2020
By Elizabeth Holtz

Regardless of the fate of any legislative initiatives, it’s clear that the industry will have to change — and soon. As people ...


Labor/Employment

Keep on truckin’ (for now): AB 5 may not apply to truckers

Jan. 23, 2020
By Annette Mijanovic, Philip McDermott

For decades, the trucking industry has used owner-operators to provide the transportation of property in interstate commerce. ...


Appellate Practice, California Supreme Court, Judges and Judiciary

Justice Leondra R. Kruger by the numbers

Jan. 23, 2020
By Kirk C. Jenkins

Today, we turn our attention to the sixth in our series of data-driven profiles of the justices of the California Supreme Cour...


Government, Immigration

The power of California’s Sanctuary Law: SB 54 after 2 years

Jan. 23, 2020
By Elizabeth M. Fratarcangeli

In 2018, the California Senate Bill 54, aka the California Values Act and more commonly known as the “sanctuary city law,” bec...


Criminal, Law Practice, Civil Litigation

Getting the most out of an expert at trial

Jan. 22, 2020
By Jaime L. Bartlett

It is not uncommon for lawyers to lament the moment that a jury trial becomes a “battle of the experts” — years of work develo...


Alternative Dispute Resolution, Labor/Employment, U.S. Supreme Court

The enforceability of class waivers in arbitration agreements

Jan. 22, 2020
By Richard T. Fields, Barry D. Kaye

Examine the pitfalls in drafting an enforceable arbitration clause after Lamps Plus v. Varela


Alternative Dispute Resolution, Law Practice

Negotiation checklist

Jan. 22, 2020
By Sidney Kanazawa

As we start the new year, here is a checklist for your case negotiations. Since 98% of all cases filed do not proceed to trial...


Administrative/Regulatory, Government

Almost three years after Equifax belatedly announced it had suffered one of the largest data breaches in history, litigation i...


Criminal, Government

Prosecutors care about victims

Jan. 22, 2020
By Marc Debbaudt

I was a deputy public defender for four years before I became a career (31-year) deputy district attorney. I believe in the va...


Constitutional Law, Government, International Law

FISC: Who’s watching the watchers?

Jan. 22, 2020
By Jeffrey A. Aaron

The FISC should have applied the same standard for its amicus appointment as for the judges themselves, or that of an appearan...


Government, Tax, U.S. Supreme Court

2019’s top 10 California SALT developments

Jan. 22, 2020
By Eric J. Coffill, Alexandra Louderback

While compared to some years in the past, 2019 was not a “big” year in terms of the overall number of California developments ...


Administrative/Regulatory, Government

Earlier this month the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act was signed into law. TRA...


9th U.S. Circuit Court of Appeals, Constitutional Law

In a recent ruling, a unanimous panel upheld summary judgment for the defendants. The court found probable cause, reasonable s...


Corporate

SHAREHOLDER ACTIVISM 2020

Jan. 21, 2020
By David J. Berger

What to expect and how to prepare.


Alternative Dispute Resolution, Civil Rights, Labor/Employment, Law Practice

A significant blow to firms looking to arbitrate discrimination claims

Jan. 21, 2020
By Gay C. Grunfeld, Cara E. Trapani

A California Court of Appeal decision has dealt a significant blow to law firms seeking to force women lawyers to arbitrate cl...


9th U.S. Circuit Court of Appeals, Constitutional Law, Environmental & Energy

9th: Climate is just too complicated for the courts

Jan. 21, 2020
By Dave-Inder Comar

The en banc court's Jan. 17 message to the plaintiffs in Juliana v. United States, was clear: You're right about your constitu...


Appellate Practice, Law Practice

Write to dream

Jan. 21, 2020
By Myron Moskovitz

A while back, I dabbled in writing screenplays. One of the books on how to write a script said something that has stuck with m...


Labor/Employment

This will cause a major disruption to the legal system that relies on the availability of interpreters to communicate with cli...


Health Care & Hospital Law, U.S. Supreme Court

Insurers fight to get their promised Affordable Care Act premium subsidies

Jan. 21, 2020
By Vinay Bhupathy, Christine Clements, Arytan Dahukey, Dhara Waghela

Three consolidated cases are the latest cases related to the Affordable Care Act to make their way to the Supreme Court. Last ...


Administrative/Regulatory, Government

Reforming the internet

Jan. 17, 2020
By Douglas E. Mirell, Joshua Geller

Recognizing the sea change in information technology in the 21st century, Congress is finally beginning to consider in earnest...


Civil Litigation

Summary judgment after Sweetwater: Motions denied?

MCLE
Jan. 17, 2020
By Gary A. Watt, Rosanna W. Gan

Despite resolving what it described as narrow anti-SLAPP questions, the opinion has implications for summary judgment. In Swee...


Constitutional Law, Ethics/Professional Responsibility, Judges and Judiciary

In view of the increasingly fractured political climate providing more opportunities for expressions of displeasure with the j...


Legal profession surveys consistently show a persistent, systemic inclusivity problem: at 70% male and 88% white it is one of ...


Tax

Tax tips for a better 2020

Jan. 17, 2020
By Robert W. Wood

The IRS taxes all income, whether in cash or in kind. Lottery winnings? Taxed. Gambling winnings? Taxed. Crypto? Yes, it’s tax...


Constitutional Law, Government

Equal Rights Amendment is still in play, if Congress wants it to be

Jan. 16, 2020
By David A. Carrillo, Stephen M. Duvernay

On Wednesday, Virginia became the 38th state to ratify the amendment, pushing it over the three-quarters of states constitutio...


Labor/Employment

A world perspective on employment law

Jan. 16, 2020
By William M. Crosby

It is almost impossible to obtain a large jury verdict in an employment case outside the United States, and there are few plac...


In an opinion issued on Tuesday, the Supreme Court addressed “the finality of, and therefore the time allowed for appeal from...


Administrative/Regulatory, Government

The regulatory focus must not be on hypothetical conundrums such as hyper-technical and uber-esoteric debates over the “proper...