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Law Practice

As a law professor, my favorite doctrines to teach are those that are most confusing and demanding because they allow for disc...


Administrative/Regulatory, Corporate, Securities

The Securities and Exchange Commission recently adopted previously proposed Rule 163B under the Securities Act of 1933, as ame...


Corporate, Labor/Employment

Drafting enforceable employment arbitration agreements

MCLE
Nov. 22, 2019
By Arthur F. Silbergeld, Kacey R. Riccomini

Drafting an employment arbitration agreement that complies with California law has never been a simple task: Assembly Bill 51,...


Alternative Dispute Resolution

The prevailing model in California is caucus-based, but there is another model gaining popularity called the “understanding mo...


Family

Study shows paid leave costs women more than men

Nov. 21, 2019
By Lauren Mayo-Abrams, Patricia Mitchell

When a woman takes paid leave she will lose on average 8% of her wages annually over the next 10 years compared to her counter...


Alternative Dispute Resolution

When does the mediation ever end?

Nov. 21, 2019
By Jan Frankel Schau

Now that mediation has been broadly accepted and practiced for more than 25 years, there are present trends that may be cause ...


Long before he became president, Donald Trump was known as an aggressive taxpayer who pushed the envelope. In that sense, his ...


Criminal, Government, Letters

Sprawling Los Angeles reality

Nov. 21, 2019
By Jose H. Varela

In the Nov. 14 Daily Journal article, “Critics leery Gascon could import SF ideas to sprawling LA,” Los Angeles County distric...


9th U.S. Circuit Court of Appeals, Labor/Employment

The Dorman decision comes at a time when plan sponsors are unhappy about the spate of ERISA class actions that they believe ar...


Administrative/Regulatory, Government

AT&T data throttling settlement was a consumer 'win'

Nov. 20, 2019
By Anita Taff-Rice

Earlier this month, AT&T stipulated to a $60 million judgment to settle the case. The money will be distributed as a parti...


Banking, Corporate

The financial world has begun to prepare for life without LIBOR, as it is anticipated that the index will cease to be widely r...


Judges and Judiciary, Law Practice

Crafting better legal services in conservatorship cases

Nov. 20, 2019
By Thomas F. Coleman

“This call may be monitored for quality assurance purposes.” We have all heard this statement when we are on the phone with pr...


Ethics/Professional Responsibility, Law Practice

According to an Oct. 4 Law 360 Legal Ethics release, a New Jersey state superior court judge questioned whether the practice o...


Insurance, Labor/Employment

Every year, millions of Americans seek and obtain individual or group disability insurance, hoping to buy a safety net in case...


Intellectual Property, Civil Litigation

Following the Federal Circuit decision in Arthrex, Inc. v. Smith & Nephew, Inc., et al., significant attention has been pa...


Intellectual Property

Color me mine: Trademarking a color

MCLE
Nov. 18, 2019
By Peter Harvey, Caitlin C. Conway

What kind of showing does the U.S. Patent and Trademark Office require to register color trademarks? And what evidence do cour...


Entertainment & Sports, Labor/Employment

Equal pay case could set precedent for all women athletes

Nov. 18, 2019
By Garrett R. Broshuis

Megan Rapinoe. Alex Morgan. Carli Lloyd. This summer they captured the eyes of the nation, leading the U.S. soccer team to ano...


What I learned from government service

Nov. 18, 2019
By Frank H. Wu

I recently concluded service on a federal government commission. I learned an important lesson that might seem obvious but is ...


Judges and Judiciary, Law Practice

On law schools (part 1)

Nov. 18, 2019
By Myron Moskovitz

Earlier this year, San Francisco Superior Court Judge Curtis Karnow graced these pages with his view that law school professor...


Labor/Employment

Last month, Uber, Lyft, and DoorDash filed the ballot measure known as the Protect App-Based Drivers and Services Act with the...


Labor/Employment

Some businesses predict that they will be badly hurt by the required new expenses. But these claims are overstated because of ...


Corporate, Tax

Who wants (tax-free) $10 Million?

MCLE
Nov. 15, 2019
By Michael Shaff

It sounds like a hustle you might hear on a dark street, the chance to get $10 million and not pay any federal income tax on, ...


Civil Litigation, Corporate

A year ago, we heard the terrible news of two Boeing 737Max plane crashes, causing hundreds of deaths, because of a new flight...


Labor/Employment

Wrongful termination and defamation by self-publication

Nov. 15, 2019
By William M. Crosby

Pitty the wrongfully terminated employee who, unable to make ends meet, must find a new job. Inevitably the questions are aske...


Constitutional Law, Government

The Constitution and the impeachment power

Nov. 15, 2019
By John H. Minan

The Founders created the impeachment power as the method to remove presidents for “treason, bribery, or other high crimes and ...


Law Practice

Saving the Japanese YWCA building

Nov. 15, 2019
By Benjamin K. Riley

In 1996, the San Francisco Chapter of the YWCA decided to sell the building located at 1830 Sutter Street, in San Francisco’s ...


Criminal, Tax

The college admissions scandal keeps bumping along. There was a spate of early guilty pleas, but some defendants appear to wan...


Government, Real Estate/Development

It’s no secret that California has a serious housing crisis — in fact, the state has declared a statewide housing emergency to...


Alternative Dispute Resolution, Government

In the latest volley, Gov. Gavin Newsom recently signed into law two bills, Assembly Bill 51 and Senate Bill 707, that take ai...


State Bar & Bar Associations

A California appellate ruling throws into sharp focus the constitutionality of accreditation by regional accreditors such as t...