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
SEC rule aims to expand use of ‘test-the-waters’ communications
By Michael L. Lawhead
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
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
Understanding: An alternative approach to mediation
By Mark Powell
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
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...
Now that mediation has been broadly accepted and practiced for more than 25 years, there are present trends that may be cause ...
Tax
California tips from Donald Trump’s move from New York to Florida
By Robert W. Wood
Long before he became president, Donald Trump was known as an aggressive taxpayer who pushed the envelope. In that sense, his ...
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
While Dorman is a victory for employers, it may also be the death of class litigation as they know it
By Michelle L. Roberts
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'
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 $200 trillion question: What’s happening to LIBOR?
By Simran S. Bindra
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
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
Legal ethics: Is law practice ‘just a capitalist enterprise’?
By A. Marco Turk
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
Leveling the field between insurers and disability claimants
By Robert J. McKennon
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
The fate of patent invalidity challenges post-Arthrex: much ado about nothing?
By Sasha Rao, Erin Gaddes
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
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
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
By Frank H. Wu
I recently concluded service on a federal government commission. I learned an important lesson that might seem obvious but is ...
Earlier this year, San Francisco Superior Court Judge Curtis Karnow graced these pages with his view that law school professor...
Labor/Employment
Protect App-Based Drivers and Service Act set to challenge AB5
By Bryan L. Hawkins
Last month, Uber, Lyft, and DoorDash filed the ballot measure known as the Protect App-Based Drivers and Services Act with the...
Labor/Employment
Worries over AB 5 are overstated because of federal law limits
By Bob Blum
Some businesses predict that they will be badly hurt by the required new expenses. But these claims are overstated because of ...
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
Can corporate officers or directors be held personally liable for defective products?
By Brian D. Chase, Edward Spilsbury
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
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
By John H. Minan
The Founders created the impeachment power as the method to remove presidents for “treason, bribery, or other high crimes and ...
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
Legal fee tax deductions could be tough in Varsity Blues cases
By Robert W. Wood
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
New legislation takes aim at California’s housing emergency
By Joseph von Meier
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
California continues to fight back against forced arbitration
By Jeremy K. Robinson
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
Regional accreditation of law schools and the Constitution
By Stanislaus Pulle
A California appellate ruling throws into sharp focus the constitutionality of accreditation by regional accreditors such as t...