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Government, Labor/Employment

Following last year's Senate Bill 1343 and its expansion of harassment prevention training requirements for supervisory and no...


Law Practice

When did we become old?

Sep. 23, 2019
By Frank H. Wu

I am in the wrong line of work. But I am fine with that. Nowadays, we have to transition to the internet. I’m among the last o...


State Bar & Bar Associations, Ethics/Professional Responsibility, Judges and Judiciary

AB 242 recognizes that many judges and lawyers have implicit negative biases against minority groups including. It would autho...


Ethics/Professional Responsibility, Law Practice

Performing preventative maintenance on your practice

Sep. 20, 2019
By David M. Majchrzak, Heather L. Rosing

In many, if not the overwhelming majority of cases, responding to a disciplinary complaint or a legal malpractice claim will o...


Law Practice

Theodore Roosevelt and ‘The Virginian’

Sep. 20, 2019
By Benjamin K. Riley

Modern western American fiction has many masters such as Wallace Stegner and Ivan Doig. But they all build on one iconic but n...


Administrative/Regulatory, Government, Real Estate/Development

A watershed moment for rent protections

Sep. 20, 2019
By CJ Higley, Katy Tang

California is currently in the midst of a watershed moment. An acute awareness and a widespread recognition of a housing affor...


Civil Rights

Establishing comparative fault in a vehicle vs scooter claims

Sep. 19, 2019
By Annette Mijanovic, Philip McDermott

Learn how to use negligence per se to establish comparative negligence in car versus motorized scooter cases.


Intellectual Property

In a case of first impression, the U.S. Court of Appeals for the Federal Circuit recently held that the figures contained in a...


Administrative/Regulatory, Government

State Legislature amends key privacy law to take effect in January

Sep. 19, 2019
By Grant Davis-Denny, Nefi Acosta

On Sept. 13, the California Legislature passed six bills amending the CCPA. Although these amendments still require the govern...


Antitrust & Trade Reg., Entertainment & Sports

Unfortunately for American sports fans, there will be no reciprocation any time soon from the world's most dominant internatio...


Books, Constitutional Law

Benefitting the strong and disadvantaging the weak

Sep. 19, 2019
By Marc D. Alexander

Professor Mary Anne Franks, constitutional scholar, member of the American Law Institute, Rhodes Scholar, and author of “The C...


California Supreme Court, Civil Rights

The picture painted by defense counsel of recent Supreme Court's decisions in the area of mandatory arbitration is typically o...


Since at least 2011, when the U.S. Supreme Court decided AT&T Mobility v. Concepcion, seeking to reinvent the 1925 Federal...


Government, Tax

Worker classification rules aren’t just state law

Sep. 18, 2019
By Robert W. Wood

The legal standards come from the IRS, Department of Labor, state labor and unemployment laws, workers’ compensation, and more...


Law Practice, State Bar & Bar Associations

The California Judicial Council is scheduled to adopt new rules requiring conservatorship attorneys to receive education on a ...


Government

The first year of the European General Data Privacy Regulation has yielded compliance questions and legal challenges, but the ...


9th U.S. Circuit Court of Appeals, Civil Litigation

9th Circuit ensuring federal courts remain open for class action defendants

Sep. 17, 2019
By Susan Kay Leader, Jonathan P. Slowik

Recent 9th Circuit decisions demonstrate a renewed commitment to eliminating any vestiges of the court’s prior skepticism towa...


Criminal, Government

The novelty of AB 32 lies in that it forbids the state to contract with private entities not only for the incarceration of dom...


Environmental & Energy, Government

Revoking California’s waiver is contrary to existing law

Sep. 17, 2019
By Melissa Malstrom, Davina Pujari


California Supreme Court, Civil Litigation

The California Supreme Court's decision in OTO, LLC v. Kho does not change the standards for determining unconscionability in ...


9th U.S. Circuit Court of Appeals, Civil Litigation

9th Circuit permits biometric privacy class action to proceed

Sep. 17, 2019
By Kevin Jones, Michael T. Zeller

This article examines litigation, as well as legislation, concerning the use and collection of biometric data. It includes a f...


Civil Litigation

When defendants argue that a special relationship is always required to create liability in cases of third-party negligence or...


Government, U.S. Supreme Court

Twice in the last two months, the court took the unusual step of staying district court orders that enjoined Trump policies t...


Intellectual Property, Civil Litigation

Patagonia survives dismissal in trademark suit based on claims of fame

Sep. 17, 2019
By Heather A. Antoine, Karine Akopchikyan

As with so many other intellectual property matters, whether a mark is famous will depend on a case by case analysis. For now,...


Administrative/Regulatory

The type of biometric privacy lawsuit filed last month against a Hilton Hotel in Chicago (Case 2019CH09270) is a harbinger of ...


Why is this generation struggling financially to stay afloat, get ahead, and live a life better than their parents?


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

A warrant to steal?

Sep. 16, 2019
By Donald M. Falk

Some things are obvious to anyone but a court. Under the Fourth Amendment, all that a warrant permits is a reasonable search a...


Judges and Judiciary, Letters

Retired in 2004, and still ‘signing’ bogus orders

Sep. 16, 2019
By Wayne L. Peterson

I read with interest the Sept. 11 article, “Professor uncovers nationwide scams involving fake court orders,” regarding bogus ...


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

The twilight of nationwide injunctions?

Sep. 16, 2019
By David I. Levine

In Trump v. Hawaii, the 2018 travel ban case, Justice Thomas called nationwide injunctions “legally and historically dubious.”...


California Supreme Court, Labor/Employment, Civil Litigation

PAGA plaintiffs win a battle, but lose the war

Sep. 16, 2019
By Steven B. Katz

Last week, the California Supreme Court settled a question that has been hotly debated over the past few years: Can employees ...