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Entertainment & Sports, Intellectual Property, Civil Litigation

On Oct. 17, the 9th U.S. Circuit Court of Appeals ruled in an unpublished decision that the issue of whether or not the Turtle...


Judges and Judiciary, U.S. Supreme Court

Oral arguments: A computational analysis

Oct. 23, 2019
By Gregory M. Dickinson

Oral argument, it turns out, can be a remarkably powerful predictor of the justices’ votes.


Tax

IRS issues guidance on hard forks and airdrops

Oct. 23, 2019
By Roger Royse

This month, the Internal Revenue Service issued its first guidance on the taxation of cryptocurrency in five years. Revenue Ru...


Environmental & Energy, Civil Litigation

Decision on standing in PFAS cases raises serious concerns

Oct. 23, 2019
By Jeffrey Dintzer, Nathaniel Johnson

A recent decision involving litigation over contaminants known as PFAS could potentially include every person in the United St...


California Courts of Appeal, California Supreme Court, Criminal

Shocks: after or fore?

Oct. 22, 2019
By Brian M. Hoffstadt

The California Supreme Court’s strict circumscription of the “kill zone” theory in a recent case was no doubt designed to shor...


9th U.S. Circuit Court of Appeals, Constitutional Law, Environmental & Energy, U.S. Supreme Court

Is the Clean Water Act void for vagueness?

Oct. 22, 2019
By Michael F. Wright

Recent CWA cases have produced fractured opinions, and circuits are split on how to interpret them — so can an ordinary layper...


Corporate, Labor/Employment, Mergers & Acquisitions

If your company or business is the target of a merger or acquisition, ensuring that key employees are retained is a critical c...


Civil Litigation, Transportation

Autonomous Cars: Who is responsible for collisions?

Oct. 22, 2019
By Brian S. Kabateck, Nicole DeVanon

Conclusions in recent National Transportation Safety Board reports may provide a starting point in terms of developing theorie...


Tax

Charitable lead annuity trusts may make you yawn, but they work

Oct. 22, 2019
By Bruce Givner, Owen Kaye

A CLAT can provide payments to a charity for fixed term of years. You can pick your favorite charity, which might be your own ...


Appellate Practice, Law Practice

Laying traps

Oct. 21, 2019
By Myron Moskovitz

In my salad days as an appellate lawyer, fresh off a clerkship with a California Supreme Court Justice, I believed my appellan...


Administrative/Regulatory, Government

Planning for CCPA compliance with shifting timelines

Oct. 21, 2019
By Grant Davis-Denny, John W. Berry

Unfortunately, exactly when this massive regulatory regime becomes fully enforceable is unclear, leaving the business communit...


Constitutional Law, Law Practice

Free speech against hate speech

Oct. 21, 2019
By Frank H. Wu

I have an opinion opposite that of the majority. I am not sure anybody thinks as I do anymore, that civil rights and free spee...


Appellate Practice, Labor/Employment

There are a number of major ambiguities in AB 5 that suggest litigation will be complex and may require, at least in early day...


International Law

Private parties can help space law blast off

Oct. 21, 2019
By Melissa J. Durkee

Private actors like SpaceX can contribute to formal lawmaking by standing in the shoes of national governments — they can be ...


Civil Litigation, U.S. Supreme Court

With several key rulings issued by the U.S. Supreme Court last term, 2019 has already been a big year for the class action bar...


Civil Litigation

SB 645 is unreasonable regardless of the number of asbestos defendants sued in a lawsuit or present at the plaintiff’s deposit...


Tax fear? Careful if you get an IRS summons

Oct. 18, 2019
By Robert W. Wood

Getting mail from the IRS — even a simple notice — can make your blood pressure rise. But what if you get something more threa...


Real Estate/Development, Tax

How can opportunity zone investors grapple with the growing likelihood of lease termination costs?


Government, Labor/Employment

What used to be OK, tolerated, and even justified as (i.e., “that’s just the way he is”) is simply not OK in workplaces in the...


California Courts of Appeal, Civil Litigation

A bad case for lawyers

Oct. 17, 2019
By Timothy D. Reuben

In an anti-SLAPP case, the court inadvertently highlighted one of the linguistic challenges in anti-SLAPP jurisprudence — what...


Books, Judges and Judiciary, U.S. Supreme Court

Bridging two centuries of developing American law

Oct. 17, 2019
By Michael L. Stern

A fresh, new biography of U.S. Supreme Court Justice Oliver Wendell Holmes, Jr. (1841-1935) gives good reason to visit the lif...


California Supreme Court, Criminal, Government

Union loss on Brady lists may be a greater gain

Oct. 17, 2019
By Daniel S. Roberts

Recent controversial police shootings have led to heightened public scrutiny of the police in the media, the legislative floor...


Labor/Employment

PAGA: The battle for employers continues

Oct. 17, 2019
By Todd B. Scherwin, Hannah Sweiss

The Private Attorneys General Act was originally enacted to allow private citizens to “help” the state of California enforce t...


Government, Labor/Employment

Recently, Gov. Newsom and former Gov. Jerry Brown signed into law legislation that has significantly improved workplace protec...


Criminal, Government, International Law

U.S. signs first bilateral data-sharing agreement under the CLOUD Act

Oct. 16, 2019
By Jonathan Cedarbaum, Ari Holtzblatt

The U.S. Department of Justice recently announced that the United States and the United Kingdom have entered into the first of...


Constitutional Law, Government

The state Legislature and Gov. Gavin Newsom are to be commended for enacting two new laws designed to deal with the problem of...


Administrative/Regulatory

Be careful what you ask for because you may get it. This old adage had particular meaning for the Federal Communications Commi...


Labor/Employment, U.S. Supreme Court

ERISA is a hot topic on the Supreme Court’s docket

Oct. 15, 2019
By Bryan Kurtz, Tad A. Devlin

There are three ERISA cases teed up on the U.S. Supreme Court’s upcoming docket for the 2019 term. In what will prove to be a ...


Constitutional Law, U.S. Supreme Court

Who knows?

Oct. 15, 2019
By Arthur Gilbert

A few months ago, I had the privilege of attending a symposium (sounds too intimidating) — how about a discussion between two ...


Government, Tax

Anticipating Elizabeth Warren’s wealth tax

Oct. 15, 2019
By Bruce Givner, Owen Kaye

Democratic Presidential Candidate Sen. Elizabeth Warren has proposed an annual 2% tax on those with a net worth over $50 milli...