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Labor/Employment, Letters

AB 5 language will cause unexpected disruption

Oct. 1, 2019
By David Amkraut

Whether or not Assembly Bill 5 was really aimed only at the “gig economy,” its absurdly broad language will cause widespread a...


California Supreme Court, Civil Litigation

On Wednesday, the California Supreme Court will hear arguments in a case that will resolve a split in authority on standing to...


Civil Rights, Judges and Judiciary

Judicial Council has been misinforming about the ADA

Oct. 1, 2019
By Thomas F. Coleman

The Judicial Council has been misinforming the judiciary about the requirements of the Americans with Disabilities Act since t...


With thousands of children born each year using assisted insemination, in vitro fertilization, gestational carriers, many cour...


Constitutional Law, Government, Immigration

Impeachment isn’t the only trouble President Donald Trump is facing. Last Friday, three different federal judges rejected his ...


Appellate Practice, Judges and Judiciary

Now hear this!

Oct. 1, 2019
By Benjamin G. Shatz

An appellate opinion's primary purpose is to resolve whatever dispute the parties have brought to the court. And yet there are...


Corporate, Securities

A primer on preferred: Getting your yield’s worth

Oct. 1, 2019
By Sara L. Terheggen

The difficult aspect of investing in preferred stock is understanding what characteristics are best suitable depending on an i...


State Bar & Bar Associations

The State Bar of California recently amended its rules to allow distance learning law schools to apply for state accreditation...


Civil Litigation

Document production games run amok

Sep. 30, 2019
By Thomas J. Umberg

This year I authored Senate Bill 17 to mitigate some of the gamesmanship that has become endemic in civil litigation. The meas...


California Supreme Court, Insurance, Civil Litigation

In Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, S253593, the California Supreme Court is considering a ...


Alternative Dispute Resolution

Are customized arbitration provisions the answer?

MCLE
Sep. 30, 2019
By Julie R. F. Gerchik, Michael L. Smith

While arbitration may risk unbridled discretion by the arbitrator or ultimately involve the same inefficiency of traditional l...


Family, Civil Litigation

Smith v. Szeyller: If you snooze, you lose

Sep. 30, 2019
By Glen M. Reiser

The potential ramifications in conflicts involving trusts are significant


Intellectual Property

Can the U.S. Patent Office handle 'artificial inventors'?

Sep. 30, 2019
By David V. Sanker Ph.D, Jianbai "Jenn" Wang Ph.D

Over the past 230 years, patent law has adapted to accommodate new types of technology. The adaptations can be slow, inconsis...


Civil Rights

In a 4-3 decision, and after many months of deliberation, the Arizona Supreme Court issued a narrow ruling on Sept. 16 in Bru...


Corporate, Intellectual Property

The scourge enveloping Silicon Valley: trade secret theft

Sep. 27, 2019
By Lawrence M. Hadley, Christopher McAndrew

As recent cases have exposed, trade secret theft from former employees and potential business partners have become a scourge i...


Government, Law Practice

Comments on guidance on guidance

Sep. 27, 2019
By Frank H. Wu

During the middle of his tenure, Attorney General Jeff Sessions promulgated meta-guidance: guidance on guidance documents. Unl...


Government, Labor/Employment

Much of the discussion lately has been centered on AB 5, California's new worker classification law, but there are other bills...


Entertainment & Sports

A piece of the pi

Sep. 26, 2019
By Benjamin E. Shiftan

A bill on the governor's desk would allow California athletes to finally earn name, image and likeness compensation


Constitutional Law, Government, Tax

The ongoing battle for Trump’s tax returns

Sep. 26, 2019
By Charles S. Doskow

After argument, on September 19 the federal judge in Sacramento and granted the injunction on the enforcement of California's ...


Intellectual Property, Civil Litigation

Survey says: Not so fast in secondary meaning cases

Sep. 26, 2019
By Antonio R. Sarabia II


Ethics/Professional Responsibility, Judges and Judiciary

How to hold misbehaving judges accountable

Sep. 25, 2019
By Dylan Hosmer-Quint

Judges should be held to the highest of ethical standards, and there's no reason they should keep a reward, like a pension, if...


9th U.S. Circuit Court of Appeals, Constitutional Law, Government, U.S. Supreme Court

Definitional theft as government policy? Not so fast

Sep. 25, 2019
By Michael M. Berger

It should have come as no surprise when the 9th U.S. Circuit Court of Appeals looked askance on a definitional game played by ...


Constitutional Law, U.S. Supreme Court

A bankruptcy proceeding isn’t ordinarily what you think of as a Supreme Court blockbuster. But when the bankruptcy proceeding ...


Corporate

The pitfalls of being an in-house lawyer

Sep. 25, 2019
By Maurice Sanchez

Legal publications abound with articles about the benefits of working as an in-house attorney. Being in-house, however, brings...


California Supreme Court, Government, Labor/Employment

AB 5: Time to get Uber it and move on

Sep. 24, 2019
By Ronald L. Zambrano

The reports of Uber’s death, to paraphrase Mark Twain, are greatly exaggerated. When Governor Newsom signed AB 5 into law, he ...


Civil Litigation, Tax

Purdue settlements and others as tax deductions

Sep. 24, 2019
By Robert W. Wood

In America, litigation and lawyers are costs of doing business. Businesses can and do deduct their legal costs. And in most ca...


California Supreme Court, Civil Litigation

Anti-SLAPP: The catchall that caught too much

MCLE
Sep. 24, 2019
By Jason D. Russell, Hillary A. Hamilton

In three recent decisions, the California Supreme Court appears to have launched a campaign to curb the broad application of C...


Civil Rights, Government

The Los Angeles City Council is on the verge of enacting our own Right to Counsel Program, providing legal counsel to tenants ...


California Supreme Court, Civil Litigation

Sanchez revisited: A better way to handle objections

Sep. 24, 2019
By Timothy D. Reuben

The California Supreme Court wreaked havoc on the trial courts when it issued its decision in People v. Sanchez, 63 Cal. 4th 6...


9th U.S. Circuit Court of Appeals, California Supreme Court, Constitutional Law, U.S. Supreme Court

The two imperatives of the First Amendment

Sep. 23, 2019
By Mitchell Keiter

Do free speech principles prohibit political bias on media like YouTube and Twitter, or do these sites enjoy a property right ...