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Appellate Practice

Talking to strangers

Jan. 6, 2020
By Myron Moskovitz

Talking to strangers is risky. You never know what might bother them. Apparently, some lawyers missed the lesson.


Construction, Civil Litigation

Contractor receives not one, but two lumps of coal

Jan. 3, 2020
By Garret D. Murai

Happy new year! Hopefully, you got everything you wanted for Christmas and didn’t get a lump of coal. For one contractor, aptl...


Labor/Employment, Civil Litigation

AB 5 challenge cites arbitrary exemptions

Jan. 3, 2020
By Jennifer M. Protas

On Dec. 30, Uber, Postmates and two independent workers who use app-based platforms for referrals filed suit in U.S. district ...


Ethics/Professional Responsibility

“Behavioral Legal Ethics” is a relatively new area of the law that deals with how automatic and mostly unconscious processes p...


Intellectual Property

The U.S. Court of Appeals for the Federal Circuit has upended divided patent infringement.


Civil Litigation

Appellate courts split on indemnity claims and anti-SLAPP

Jan. 2, 2020
By Benjamin W. Clements

Three appellate courts recently reached different conclusions regarding whether a claim for contractual indemnity “arises from...


Labor/Employment, Civil Litigation

Punitive protection for whistleblowers

Jan. 2, 2020
By Marshall Lurtz

Employment lawyers are familiar with the full spectrum of remedies available to employees under the Fair Employment and Housin...


Constitutional Law, Government

On Jan. 3, the Court of Appeals for the DC Circuit is scheduled to hear oral argument in a case that could impact the impeachm...


Corporate, Tax

Choice of entity has always been a difficult decision, but two years later we are seeing that the Tax Cuts and Jobs Act of 201...


Administrative/Regulatory, Education Law

For-profit colleges face yet another day of reckoning

Dec. 31, 2019
By Brian S. Kabateck, Nidya Gutierrez

The Federal Trade Commission announced a record-setting $191 million settlement with the University of Phoenix and its parent ...


Real Estate/Development, Government

Is California’s Housing Crisis Act of 2019 the answer or state overreach?

Dec. 31, 2019
By Susan K. Hori, Jennifer J. Lynch

Senate Bill is a lengthy and complicated piece of housing legislation that will significantly affect land development in Calif...


As a law professor, I am supposed to teach students how to argue — in a classical education, the subject would be “rhetoric.” ...


Labor/Employment

What confidential documents may a whistleblower take?

MCLE
Dec. 30, 2019
By Joshua J. Borger

Whistleblowers often face the same Catch-22 as recent college graduates. You can’t get a job without experience, and you can’t...


Administrative/Regulatory, Banking, Government, Tax

The legal landscape of banking marijuana businesses

Dec. 30, 2019
By Fredrick S. Levin, Daniel P. Stipano

Banks are caught in the between state and federal laws on marijuana. Like any other business, marijuana producers and dispensa...


9th U.S. Circuit Court of Appeals, Civil Litigation

The top 5 9th Circuit civil cases of 2019

Dec. 30, 2019
By James Azadian

With the new year quickly approaching, now is a good time to reflect on the 9th U.S. Circuit Court of Appeals’ significant cas...


Ethics/Professional Responsibility, Judges and Judiciary, U.S. Supreme Court

It is an historical anomaly that Supreme Court justices are the only judicial category not currently covered by a code of cond...


Bankruptcy

Small Business Reorganization Act of 2019

Dec. 27, 2019
By Stuart B. Rodgers

Earlier this year Congress enacted the Small Business Reorganization Act of 2019 with the stated goal of assisting small busin...


Constitutional Law, Government

The Feds’ evasion of takings law

Dec. 27, 2019
By Michael M. Berger

Hurricane Harvey. Words that struck fear into many Texans a couple of years ago. The pain still lingers — as does the litigati...


Law Practice

Noticing the privilege that helps me

Dec. 26, 2019
By Frank H. Wu

Here is a moral dilemma for those of us who favor equality — or who would like to believe we are egalitarian. It is along the ...


The IRS is aware that millions of cryptocurrency transactions may still remain unreported. Taxpayers may think they will not b...


Family

Pet peeves in your divorce

Dec. 26, 2019
By Michael Reedy, Maya Younes

Earlier this year, California enacted a law granting family law judges the authority to decide unresolved issues about pets in...


Tax

Key California tax facts

Dec. 24, 2019
By Robert W. Wood

California taxes are high, the highest in the nation. Think the IRS is tough? California’s Franchise Tax Board is generally re...


California Courts of Appeal, Ethics/Professional Responsibility, Law Practice

In a crucial “note” applicable to all California lawyers, the opinion uses the social impact of the #MeToo movement to compel ...


Banking

In 2017, a Bankruptcy Judge Christopher M. Klein from the Eastern District of California entered a judgment in favor of bankru...


Kanye has turned more and more religious, with a new album called “Jesus Is King.” Perhaps he may have been toying with bankru...


A recent ruling is the latest in a series of 9th Circuit cases reflecting a concern that the self-interest of class counsel an...


Labor/Employment

2020 laws all California employers should know

Dec. 23, 2019
By Kate McGuigan, Michael Schlemmer

The new laws, most of which take effect Jan. 1, 2020, cover a wide area from wage and hour and work classification to hairstyl...


Environmental & Energy, Government

California heads into the next decade with over 100 new environmental laws

Dec. 20, 2019
By Monica Browner, Steven H. Goldberg

In 2019, the California Legislature had another busy year working on new environmental and natural resource bills.


Labor/Employment, Civil Litigation

PAGA is warping the California Labor Code

Dec. 20, 2019
By Paul S. Cowie, John D. Ellis

Whatever may have been the intent of the Private Attorneys General Act when it was enacted, it has since evolved into a legali...


Law Practice

How I write

Dec. 20, 2019
By Frank H. Wu

I am among the last generation of professionals to have transitioned from hand writing to typing to computers and the internet...