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Antitrust & Trade Reg., Entertainment & Sports

Recently, Assistant Attorney General Makan Delrahim announced a new policy for the Justice Department’s Antitrust Division: a ...


Entertainment & Sports, Intellectual Property

Two high-profile cases have highlighted certain aspects of music copyright infringement litigation which have become quite con...


Intellectual Property, U.S. Supreme Court

PTO has booked a trip to the Supreme Court

Dec. 4, 2019
By Sarah S. Brooks, Adam W. Kwon

The U.S. Supreme Court granted certiorari on a petition filed by the U.S. Patent and Trademark Office to review whether BOOKIN...


Labor/Employment

A rosy write-up doesn’t change the fact that drivers, under the alternative law, wouldn’t be paid for waiting time — as they w...


Admiralty/Maritime, Government

AI and the CCPA: Are they friends or foes?

Dec. 4, 2019
By Nick Transier

Though artificial intelligence is hardly new, it has gone mainstream recently as businesses increasingly exploit their massive...


Health Care & Hospital Law, Labor/Employment

For 15 years, Yaqub -- which defined a nebulous and incorrect standard -- had stood as the sole published decision to squarely...


Alternative Dispute Resolution, Health Care & Hospital Law

A key objective of some class actions is not only to obtain monetary relief for class members, but to secure changes to the wa...


How exact should I be?

Dec. 3, 2019
By Frank H. Wu

On the one hand, I always want to teach students what is right, according to the black letter doctrine, while showing them amb...


California Supreme Court, Insurance

The California Supreme Court held that life insurance policy loans are not subject to a provision contained in a 1918 initiati...


Books, Law Practice

Free books and more!

Dec. 3, 2019
By Benjamin G. Shatz

We’ve made another circuit around the sun and now’s the time of year for gift-giving. Our tradition at Exceptionally Appealing...


While cyber insurance is specifically designed to address these kind of losses, insureds covered under traditional insurance p...


Judges and Judiciary, Law Practice

*@#!ing

Dec. 3, 2019
By Arthur Gilbert

This, my December column occurs in the month when many readers may be vacationing, a perfect time to let it all “hang out” and...


Judges and Judiciary, Law Practice

On law schools (part 2)

Dec. 2, 2019
By Myron Moskovitz

A few months back, Judge Curtis Karnow opined that law school professors are “disconnected” from the real world of law practic...


Constitutional Law, U.S. Supreme Court

Gun control at the US Supreme Court

Dec. 2, 2019
By Glenn C. Smith

Although the New York challenge could yield a landmark decision, it could also leave big questions under-resolved. The court c...


Ethics/Professional Responsibility

A non-uniform approach to obtaining informed written consent

Nov. 29, 2019
By David M. Majchrzak, Heather L. Rosing

Professional listservs for attorneys often provide a fertile ground for seeds of hypertension for risk managers and legal ethi...


Ethics/Professional Responsibility, State Bar & Bar Associations

Making the State Bar complaint system ADA accessible

Nov. 29, 2019
By Thomas F. Coleman


How would you answer these questions?

Nov. 29, 2019
By Frank H. Wu

Like many teachers, I regularly tell my students there are no “stupid” questions; yet like many of my peers, I am not always s...


Constitutional Law, Government

Coastal Commission: Talk to the Dutch

Nov. 27, 2019
By Michael M. Berger

In a nutshell, if you like living in the 21st century, watch your back. There is a movement afoot to reverse the steady march ...


Constitutional Law, Government

On ‘bribery’

Nov. 27, 2019
By John H. Minan

The Founders understood bribery as dealing with the abuse of official power to secure a personal benefit. Because no federal c...


Bankruptcy

I haven’t had occasion to discuss the new Small Business Chapter 11 with a potential client so far. I’ve read several summarie...


Entertainment & Sports, Family

‘Marriage Story’: Checking the facts

Nov. 27, 2019
By Lawrence P. Riff

Judge Lawrence Riff of the Los Angeles County Superior Court’s Family Law Division Baumbach got a lot right but a few things w...


Entertainment & Sports, Ethics/Professional Responsibility

‘Marriage Story’: Checking the legal ethics

Nov. 27, 2019
By A. Marco Turk

Lawyers as a profession take unfair heat in many instances, but not in other examples. One of the areas where they are portray...


Constitutional Law, Government

It was reported some years ago that, when they entered office, the Secret Service took away then-President Barack Obama’s Blac...


Private fund secondaries: Your end, my beginning

Nov. 26, 2019
By Sara L. Terheggen

Historically, the market viewed secondary transactions as a sign of distress where sellers were pressured for liquidity and fo...


Why we watch

Nov. 26, 2019
By Jeffrey Wolf, Carolyn Kraft

It was a Thursday night, on an otherwise uneventful news day with only presidential impeachment hearings as a backdrop, when n...


Tax

Five years ago, the IRS announced that bitcoin and other cryptocurrency was property. More recently, the IRS addressed hard fo...


9th U.S. Circuit Court of Appeals, Appellate Practice, Intellectual Property, Civil Litigation

Litigation is just stuff people do

Nov. 25, 2019
By Charles M. Kagay

John Steinbeck is an American literary icon, and the recipient of the National Book Award, the Pulitzer Prize for Fiction, and...


State Bar & Bar Associations, Ethics/Professional Responsibility

The professional and ethical obligations which arise from attorneys use of online profiles is the subject of the recently publ...


Government, Education Law

In a move of critical importance, the California Legislature has acknowledged this reality by passing three new laws at the in...


Government

California Assembly Bill 957 has amended language in Health and Safety Code Section 17980.7 changing the pre-litigation notice...