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Civil Litigation, U.S. Supreme Court

Supreme Court to examine discovery rule in FDCPA cases

Oct. 8, 2019
By Jean-Claude André

Sometimes small cases hit the big stage. Rotkiske v. Klemm began with a debt collection agency filing a complaint in Philadelp...


Labor/Employment

Employers and social media: What is there not to ‘like’?

Oct. 8, 2019
By Michele Haydel Gehrke

Today’s employers face new challenges regarding their employees’ use of social media that raise important compliance issues. S...


Government, Labor/Employment

Since Gov. Gavin Newsom signed Assembly Bill 5 by Assemblymember Lorena Gonzalez (D-San Diego) on Sept. 18, many Capitol obser...


Constitutional Law, Government

Impeachment

Oct. 8, 2019
By Julie A. Werner-Simon

Shouting and blasting from synagogues to Washington DC


Construction, Civil Litigation

In 2015, the California Legislature passed Assembly Bill 219 which amended the state’s prevailing wage law to add Labor Code S...


Letters, Civil Litigation

Legislation won’t fix broken discovery process

Oct. 8, 2019
By Richard C. Leonard

I read with interest State Sen. Thomas Umberg’s column on Senate Bill 17 aimed at mitigating gamesmanship in civil litigation....


Labor/Employment

Employers now have access to a great deal of information about applicants and employees from a wide variety of sources, but us...


Ethics/Professional Responsibility, Law Practice

What ethical obligations arise when an attorney is required to withdraw from representation because the client’s claim(s) lack...


Constitutional Law, Government

For almost three years we have been witnessing the partisan reality show that is our president and Congress.


The First Monday

Oct. 7, 2019
By Blaine H. Evanson, Lauren M. Blas

The U.S. Supreme Court was largely able to avoid controversy in the cases it decided last term, but when the justices return t...


Civil Rights, Insurance

Conditional settlement demands: defusing third-parties’ tactics

Oct. 7, 2019
By Albert K. Alikin, Landon Greene

California Supreme Court Justice Otto Kaus once prophetically said, “It seems to me that attorneys who handle policy claims ag...


Constitutional Law, U.S. Supreme Court

What is discrimination because of ‘sex’?

Oct. 7, 2019
By Rex S. Heinke, Jenna M. Nalchajian

The U.S. Supreme Court will hear arguments on the issue this week.


Appellate Practice, Civil Litigation

Appellate lawyers in trial courts?

Oct. 7, 2019
By Myron Moskovitz

Recently, trial attorneys have begun to call me at the outset of a case, while it’s still in the trial court. “This case invol...


California Supreme Court, Constitutional Law, Criminal, U.S. Supreme Court

The state has a compelling interest in encouraging victims to report their abuse so that their assailants can be prosecuted fo...


Law Practice

As fully autonomous vehicles stuffed with Artificial Intelligence (“AI”) ready to take to our roadways and commandeer the live...


Alternative Dispute Resolution

The taxonomy of mediators

Oct. 4, 2019
By Michael H. Leb, Paul P. Cheng

Bullies, butterflies, status quo and compliance


Ethics/Professional Responsibility, Law Practice

Due increasing lateral movement, it is more important than ever that firms take a close look at who they are hiring and how to...


Environmental & Energy, U.S. Supreme Court

Critical amendments in 1972 forever changed the protection of WOTUS. Simply put, it became unlawful for any person to discharg...


Family, Law Practice

Valuing the professional goodwill of an attorney in divorce

Oct. 4, 2019
By Timothy D. Reuben, Stephanie I. Blum

The courts have struggled with this topic for years, leading to uncertainty and allowing widely varying opinions from forensic...


Intellectual Property, Civil Litigation, U.S. Supreme Court

High court will address split over trademark infringement remedies

Oct. 3, 2019
By Benjamin L. Wagner, Katherine Harihar

The U.S. Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil Inc., 18-1233, to resolve a circuit split regardi...


Ethics/Professional Responsibility

Politics aside, how far is a lawyer permitted ethically to go in assisting a client?


Ethics/Professional Responsibility, Law Practice

Navigating the requirements for reporting attorney misconduct

Oct. 3, 2019
By Shari L. Klevens, Alanna G. Clair

As set forth in Rule 1.0 of the California Rules of Professional Conduct, a primary purpose of rules governing attorney conduc...


Appellate Practice, California Supreme Court, Judges and Judiciary

Justice Goodwin Liu by the numbers

Oct. 3, 2019
By Kirk C. Jenkins

Today, we pass the halfway point in our ongoing series of data-driven profiles of the justices of the California Supreme Court...


The increasing concerns of many Americans about the Chinese has been summed up by FBI Director Christopher Wray as a “whole of...


Criminal, Letters

Presumption of innocence is a trial right only

Oct. 2, 2019
By Richard J. Chrystie

The Sept. 23 article on bail, “Critics unsure bail changes moving in right direction,” quotes Phil Telfeyan, executive directo...


Administrative/Regulatory, Environmental & Energy, Government

The auto emissions war against California

Oct. 2, 2019
By Richard M. Frank

The Trump administration’s waiver revocation is unwanted by anyone but President Trump (along with, perhaps, Big Oil, which al...


State Bar & Bar Associations, Law Practice

Bar proposals will upend legal profession

Oct. 2, 2019
By Erin M. Joyce

The State Bar’s proposals to authorize nonattorneys and for-profit corporations to practice law will upend the legal professio...


Labor/Employment, Civil Litigation

Lawson and the outlook of PAGA litigation in the 2020s

Oct. 2, 2019
By Kenneth D. Sulzer, Matthew Scholl

For the past 15 years, California employers have been plagued by mass actions brought under the Private Attorneys General Act,...


Intellectual Property, U.S. Supreme Court

Are PTO attorney fees expenses under Section 145?

Oct. 2, 2019
By B. Todd Patterson, Kyrie K. Cameron

The issue before the Supreme Court is: Whether the phrase “[a]ll the expenses of the proceedings” in Section 145 encompasses t...


Intellectual Property, U.S. Supreme Court

High court to consider appealability issues in IPR proceedings

Oct. 2, 2019
By Charan Brahma, Craig Crockett

The U.S. Supreme Court will consider appealability of timeliness determinations within inter partes review proceedings under 3...