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Ethics/Professional Responsibility, Government

Legal ethics: Duty to preserve rule of law

Oct. 15, 2019
By A. Marco Turk

According to White House lawyers who have sworn to uphold and defend our Constitution, the document created by our founding fa...


Constitutional Law, Criminal, U.S. Supreme Court

My radical proposal is this: Where a state court misapplies — or even cites and then ignores — Supreme Court precedent, the Su...


Labor/Employment, Civil Litigation

The battle for the future of arbitration

Oct. 15, 2019
By Stephen A. Rossi

The Freedom to Contract Camp vs. the Concerned Camp


Government, Labor/Employment

Despite snag in employee pay data reporting, pay transparency marches on

Oct. 14, 2019
By Susan E. Groff, Christopher T. Patrick

California lawmakers have made pay equity a top priority and passed many related laws.


Intellectual Property, U.S. Supreme Court

The latest term of the Supreme Court began with the high court answering the peculiar question of whether the Government can r...


Labor/Employment, Civil Litigation

Retroactivity of Dynamex and AB 5

Oct. 14, 2019
By Cory L. Webster, Allison M. Scott

Despite a recent Court of Appeal ruling, uncertainty persists regarding Dynamex retroactivity


Civil Rights, Insurance, Letters

Insurer wasn't set up by claimants or lawyers

Oct. 14, 2019
By Arash Homampour

As the plaintiff attorney in Madrigal v. Allstate Indemnity Co. (not the one who drafted the policy limits demand to Allstate)...


California Supreme Court, Constitutional Law, Labor/Employment, U.S. Supreme Court

NLRA may preempt AB 5 under the Garmon doctrine

Oct. 14, 2019
By Mark S. Ross, Keahn N. Morris

While AB 5 may answer classification issues arising under state law, the new law’s possible application in National Labor Rela...


Law Practice

Writing and speaking for a living

Oct. 14, 2019
By Frank H. Wu

The point I try to impress upon students is it takes preparation. Even after 25 years in the classroom, I still need to review...


Constitutional Law, U.S. Supreme Court

States as a matter of state law may “require” electors to cast their vote according to the popular vote in the state. But what...


Administrative/Regulatory, International Law

Gearing up for the EU’s next regulatory push

Oct. 11, 2019
By H. Mark Lyon

What should companies expect to see from the European Commission in terms of comprehensive artificial intelligence regulations?


Criminal, Letters

I thought it important to point out a few things in a recent article that are misleading in the description of what the bill d...


Ethics/Professional Responsibility, Law Practice

When it comes to getting a new client’s complete file, you can’t always get what you want, but, in the words of the Rolling St...


Environmental & Energy, U.S. Supreme Court

The most significant Clean Water Act case in over a decade

Oct. 10, 2019
By Adam Link, Andre Monette

On Nov. 6, the U.S. Supreme Court will hear oral argument in a case that will decide the future application of the federal Cle...


State Bar & Bar Associations, Ethics/Professional Responsibility, Law Practice

Rule 5.4 changes -- big changes -- may be coming

Oct. 10, 2019
By Daniel O'Rielly, Dena Roche

Proposed changes to Rule 5.4 could open the door to nonlawyer investment in, and ownership of law firms, non-law firms providi...


As the scientific probe into these injuries continue, the legal ramifications surrounding the sale and manufacture of vaping p...


Insurance, Letters

Column does disservice to claimants, lawyers

Oct. 10, 2019
By Stanley K. Jacobs


In the first major revision to the United States Bankruptcy Code in almost 15 years, Congress recently enacted the Small Busin...


State Bar & Bar Associations, Letters

In her Oct. 2 commentary (“Bar proposals will upend legal profession”), Erin Joyce makes several assertions about the State Ba...


Government, Tax

The California Exodus

Oct. 9, 2019
By Michelle B. Graham, Vivienne King

How to stay golden when migrating from the Golden State


Both of these occupations are just about obsolete, like human computers as performing calculations for NASA to put a man on th...


Criminal, Government, Letters

California bill banning use of for-profit prisons is a game changer

Oct. 9, 2019
By Jackie Gonzalez, Hamid Yazdan Panah

California is on the brink of passing one of the most comprehensive bills on incarceration and detention in the country. Assem...


Criminal, Judges and Judiciary, Military Law

California’s Veterans Treatment Courts

Oct. 9, 2019
By Eileen C. Moore

The trauma of jail can set veterans on a backward course


Government, Intellectual Property, International Law

The DTSA and the China Initiative

Oct. 9, 2019
By David S. Bloch, Xavier Brandwajn

What impacts have they had on civil trade secret litigation in the Northern District of California?


Corporate, Intellectual Property

Cannabis sales are safe from potential tariff wars as the international transportation of cannabis is not yet approved. Many c...


Criminal, Intellectual Property

Criminal prosecution of federal trade secret theft

Oct. 9, 2019
By Sara J. O’Connell

Review factors that federal prosecutors consider when determining whether to bring criminal trade secret theft charges.


Intellectual Property, Labor/Employment, Civil Litigation

California's longstanding emphasis on employee mobility and unique skepticism of most noncompete agreements is well-known. Sti...


Intellectual Property, Civil Litigation

The inevitable disclosure doctrine infers improper use and/or disclosure of a former employer’s trade secrets from the circums...


Corporate, Intellectual Property

Companies rely on trade secrets for competitive advantage. Theft of those assets hurts them by empowering competitors who have...


Intellectual Property

Any port in a storm

Oct. 9, 2019
By Nick Transier, John H. Barr Jr.

Why patent subject matter eligibility has innovators thinking about trade secrets.