Entertainment & Sports, Intellectual Property, Civil Litigation
Does MMA preempt the Turtles’ California state law claim?
By Bruce Isaacs
On Oct. 17, the 9th U.S. Circuit Court of Appeals ruled in an unpublished decision that the issue of whether or not the Turtle...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
By Gregory M. Dickinson
Oral argument, it turns out, can be a remarkably powerful predictor of the justices’ votes.
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
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?
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?
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
Retention bonus program considerations in M&A transactions
By Thomas M. Asmar
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?
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
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 ...
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
By Grant Davis-Denny, John W. Berry
Unfortunately, exactly when this massive regulatory regime becomes fully enforceable is unclear, leaving the business communit...
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
Appellate writs may be best route to clarifying AB 5 ambiguities early on
By Sharon Baumgold
There are a number of major ambiguities in AB 5 that suggest litigation will be complex and may require, at least in early day...
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
Looking back and forward: Class actions and the Supreme Court
By Kristina Azlin
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...
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
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
Treatment of lease termination costs for opportunity zones
By Phil Jelsma
How can opportunity zone investors grapple with the growing likelihood of lease termination costs?
Government, Labor/Employment
The legal norms are a-changin’ in the post #MeToo era
By Nancy E. Yaffe
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
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
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
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
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
#MeToo-inspired legislation bans settlements that punish victims
By Toni Jaramilla
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
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
California’s new deep fake laws and the First Amendment
By Erwin Chemerinsky
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
After district court ruling, what’s next for net neutrality?
By Anita Taff-Rice
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
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 ...
A few months ago, I had the privilege of attending a symposium (sounds too intimidating) — how about a discussion between two ...
Democratic Presidential Candidate Sen. Elizabeth Warren has proposed an annual 2% tax on those with a net worth over $50 milli...