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Environmental & Energy

New mining standards aim to prevent future catastrophes

Dec. 12, 2019
By Samuel L. Brown, Antonio Augusto Reis

The driver for these draft international standards is two recent catastrophic failures of tailings storage facilities in Brazi...


It has been almost a year since Senate Bill 1421, California’s amendments to Penal Code Sections 832.7 and 832.8, went into ef...


Real Estate/Development, Tax

Now’s the time to think hard about tax deferrals. Should investors use Internal Revenue Code Section 1031, which allows deferr...


Civil Rights, Civil Litigation, U.S. Supreme Court

‘But-for’ causation shouldn’t be required under right-to-contract statute

Dec. 11, 2019
By Tamarah P. Prevost, Eric J. Buescher

The U.S. Supreme Court is weighing whether claims of race discrimination under 42 U.S.C. Section 1981 fail in the absence of b...


Judges and Judiciary

Ballot designation blues

Dec. 11, 2019
By Randolph M. Hammock

In October 2017, Gov. Jerry Brown signed into law Senate Bill 235, which amended Elections Code Section 13107 to call for the ...


Labor/Employment

A case for paid family leave

Dec. 11, 2019
By Julia Michael

We need stronger federal and state paid family leave laws. In the meantime, however, it is in the best interest of private sec...


Environmental & Energy, Government

California groundwater management milestone looms

Dec. 11, 2019
By Rebecca Smith

As 2019 draws to a close, local agencies in 21 groundwater basins throughout the state are preparing to submit the first Groun...


Environmental & Energy, Civil Litigation

State high court wrong to not depublish CEQA case

Dec. 11, 2019
By Arthur F. Coon

The California Supreme Court recently decided not to depublish a 2nd District opinion that misstates the law in a manner harmf...


Corporate

Legal challenges to minimum female director law: not a deluge, a drizzle

Dec. 10, 2019
By Teresa L. Johnson, Amy V. Endicott

To paraphrase Mark Twain, reports of the wave of litigation that was expected to follow enactment of California’s Senate Bill ...


California Supreme Court, Labor/Employment

Back in 1972, in the case Friends of Mammoth Lakes v. Mono County, the Supreme Court entered the fray over the scope of the Ca...


Constitutional Law, Government, U.S. Supreme Court

The president is locked in two important legal battles on petition to the U.S. Supreme Court. Both cases involve the validity ...


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

Knick interruptus?

Dec. 10, 2019
By Michael M. Berger

Some years ago, singer/songwriter Jim Croce began a refrain thus: “You don’t tug on Superman’s cape, you don’t spit into the w...


9th U.S. Circuit Court of Appeals, Civil Rights, Entertainment & Sports, Intellectual Property

Is discovery needed to decide substantial similarity?

Dec. 10, 2019
By Kenneth M. Trujillo-Jamison

On Monday, the 9th Circuit heard oral arguments on the issue.


Law Practice

I'll be homeless for Christmas

Dec. 9, 2019
By Eileen C. Moore

A veteran’s access to a lawyer can mean the difference between living under a roof or under a bridge


California Courts of Appeal, Family

Conflicting cases on siblings and bypass

Dec. 9, 2019
By Frank J. Menetrez

A recent case has deepened a split of authority in dependency law. The split concerns one of the most frequently litigated gro...


Labor/Employment

Navigating the impacts of AB 5 for public agency employers

Dec. 9, 2019
By T. Oliver Yee, Kaylee Feick

Assembly Bill 5 creates unique challenges and issues for California public agencies. For example, in order for a public agency...


Law Office Management, Law Practice

Set your law firm resolutions for 2020

Dec. 9, 2019
By Daniel O'Rielly, Dena Roche

It’s December, and what possibly could be more important to your law firm than setting new resolutions for 2020? Yes, you’re t...


Appellate Practice, Civil Litigation, Law Practice

How to count to 30

Dec. 9, 2019
By Gerald G. Knapton

When an appellate justice writes a concurrence just to point out a trap for unwary practitioners, it merits some consideration...


Ethics/Professional Responsibility, Law Practice

Cannabis and legal ethics: More guidance emerges

Dec. 6, 2019
By Allison B. Margolin, James Raza Lawrence

Multiple sources have helped establish the principle that lawyers may ethically represent clients operating in the cannabis in...


Ethics/Professional Responsibility, Law Practice

Potential liability for case valuations

Dec. 6, 2019
By Shari L. Klevens, Alanna G. Clair

Attorneys are often asked by their clients, “What do you think is going to happen?” or “What is this case worth?” Through expe...


Entertainment & Sports

The movie is provocative because they are believable. You cannot leave the theatre without wanting to discuss what has transpi...


Civil Rights, Entertainment & Sports, Intellectual Property

Takedown notices and developments in fair use

MCLE
Dec. 6, 2019
By Neville L. Johnson, Douglas L. Johnson

Individuals, creators and businesses have a right and a duty to protect themselves and their assets from infringing online act...


Ethics/Professional Responsibility, Law Practice

The California Legislature has seen fit to add a new tolling exception to the statute which becomes effective on Jan. 1, 2020.


Labor/Employment

Revisiting ‘kangaroo court’ workplace due process

Dec. 5, 2019
By William M. Crosby

Until courts and legislators recognize that anything short of a jury trial cannot constitute meaningful due process, incentive...


Labor/Employment, Government, Tax

As we near the end of 2019, we continue to see states stepping up to take action with respect to regulating the nonprofit sect...


Constitutional Law, Government, U.S. Supreme Court

Rucho not the last word on partisan gerrymanders

Dec. 5, 2019
By James J. Matson

Last month’s election in Virginia marked another important victory against excessively partisan gerrymanders in America.


Construction, Civil Litigation

It’s the holiday season. A time when family and friends, and even neighbors, gather together.


Environmental & Energy

Far from decreasing, carbon emissions are increasing, even in highly developed economies that fancy themselves leaders in the ...


Appellate Practice, California Supreme Court, Judges and Judiciary

Justice Mariano-Florentino Cuéllar by the numbers

Dec. 4, 2019
By Kirk C. Jenkins

Today we turn our attention to our fifth subject in our series of data-driven profiles of the justices of the California Supre...


Health Care & Hospital Law, Insurance

If you have a PPO plan, you can see out-of-network providers, but it’s going to cost you more. Non-contracted providers have n...