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Labor/Employment

Past failures should inform labor reform

Sep. 4, 2019
By William B. Gould IV

This month will see the governor, Legislature, gig employers and organized labor take a crack at this issue in an attempt to d...


U.S. Supreme Court

When a Supreme Court case becomes famous, we forget what went before. The 1978 Bakke affirmative action litigation, against th...


Bankruptcy, Government

On Aug. 23, President Donald Trump signed the Small Business Reorganization Act of 2019 (SBRA), which, starting in February 20...


Construction

Can losing bidders ever recover preparation costs?

Sep. 4, 2019
By Garret D. Murai

In this case, the 4th District Court of Appeal examined whether a losing bidder on a public works projects can recover its bid...


Government, U.S. Supreme Court

The California Supreme Court recently held that a city protects itself from inverse condemnation claims resulting from a sewer...


Appellate Practice, Law Practice

In defense of a bird

Sep. 3, 2019
By Myron Moskovitz

The law is fascinating stuff, but I’d like to discuss a larger topic. I come to defend the ostrich.


J&J ruling may feel like a win, but it’s not the answer

Sep. 3, 2019
By Allison B. Margolin, Rob Uriostegui

Even the ordered $572 million payment will be like bringing a bucket of water to put out a wildfire. Instead of throwing milli...


California Supreme Court, Labor/Employment, Civil Litigation, U.S. Supreme Court

The employment arbitration whipsaw

Sep. 3, 2019
By Steven B. Katz

Last Thursday, the California Supreme Court once again entered into the thicket of wage claim arbitration, attempting to navig...


Criminal

Text messages and adoptive admissions: a guide

MCLE
Sep. 3, 2019
By Frank M. Loo

A recent case discusses how accusatory statements and the response in text conversations can be used in trials. Adoptive admis...


Corporate, Tax

The massive tax law passed by Congress and President Trump at the end of 2017 radically reshaped traditional tax planning in w...


Appellate Practice, State Bar & Bar Associations, Law Practice

Isn’t that special?

Sep. 3, 2019
By Benjamin G. Shatz

Obviously, here at Exceptionally Appealing, we believe that California appellate practice is an exceptionally appealing field ...


California Supreme Court, Civil Litigation

In a recent case of first impression, the California Supreme Court considered whether settling with a party in a multiparty to...


State Bar & Bar Associations, Law Practice, Letters

I just read Joe Donnini’s Aug. 23 article, “Is nonlawyer ownership signaling the end for solo/small firms?” No, it signals the...


Criminal

Jurors gone wild: the Ghost Ship trial

Aug. 30, 2019
By Louis J. Shapiro

In a rare move, Alameda County Superior Court Judge Trina Thompson dismissed three out of the 12 jurors in the Ghost Ship case...


California Supreme Court, Civil Litigation

Standing and website discrimination: Square peg in a round hole

Aug. 30, 2019
By Jeffrey M. Goldman, Tracey E. Diamond

In the past, California courts required plaintiffs to show that an allegedly discriminatory website prevented their full use a...


Constitutional Law, Environmental & Energy, Judges and Judiciary

California’s judges, meet John Maynard Keynes

Aug. 30, 2019
By Richard A. Schulman

The state’s extraordinarily high housing prices comprise much of its extraordinary high living costs,


California Supreme Court, Insurance, Civil Litigation

State high court issues landmark insurance decision

Aug. 30, 2019
By Kirk A. Pasich

On Thursday, the court addressed the importance of California’s so-called “notice-prejudice” rule — an issue critical in many ...


Appellate Practice, California Courts of Appeal

1st District’s new local rules: a guide

Aug. 29, 2019
By Sarah Hofstadter

On Aug. 23, the 1st District Court of Appeal issued a revised version of its local rules — the first major overhaul since 2006.


One problem the IRS faces with cryptocurrency (that it did not face with Swiss Bank accounts to the same extent), is that the ...


Government, Civil Litigation

Legislation will promote frivolous shakedown lawsuits

Aug. 29, 2019
By Kyla Christoffersen Powell

Assembly Bill 1270 (Stone) is an attempt to expand the False Claims Act to allow the attorney general, local prosecutors and p...


California Supreme Court, Environmental & Energy

CEQA review now required for ordinances authorizing new medical marijuana dispensaries

Aug. 28, 2019
By B. Alexandra Jones, Jolie-Anne S. Ansley

The California Supreme Court recently issued a decision that may require cities to conduct environmental review prior to adopt...


California Supreme Court, Criminal

Yes, murder is a crime of violence

Aug. 28, 2019
By Mitchell Keiter

Randly Begay accused his girlfriend of cheating on him with one Roderick Ben. After Begay told both he was “not scared to go t...


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

A 9th Circuit ruling will have the effect of limiting claimants’ much-needed access to the federal courts and class actions.


Labor/Employment

The Dos and Don’ts of union organizing drives

Aug. 28, 2019
By Robert F. Millman, Sevag M. Shirvanian

You may periodically read about various unions’ organization efforts in other parts of the state or country, along with the va...


Criminal, Letters

Tort policy isn’t the problem

Aug. 28, 2019
By Gary Schons

The idea that the “expansion” of qualified immunity for peace officers in civil rights cases, including those involving the us...


Serving on the board of directors of a nonprofit can be rewarding, but not if you end up paying for the organization’s tax pro...


Constitutional Law

Clarifying regulatory takings

Aug. 27, 2019
By Michael M. Berger

It is time to revisit and eliminate the confusing Penn Central factors, which have hamstrung substantive takings litigation, w...


The qualified immunity dilemma

Aug. 27, 2019
By DeWitt Lacy

The continued expansion of the doctrine can only encourage law enforcement to shoot first and ask questions later, ultimately ...


Civil Litigation

Managing regret: Rule 502, the disclosure of privileged material and clawbacks

MCLE
Aug. 26, 2019
By Anthony Pacheco, Nate Wright

How do you manage the risk of producing privileged material to an adversary? Federal Rule of Evidence 502 is often used by civ...


State Bar & Bar Associations, Law Practice

Unfortunately, three sweeping new programs have been revealed by the State Bar’s Task Force on Access Through Innovation of Le...