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Civil Litigation

Amazon held strictly liable as a ‘seller’

Jul. 10, 2019
By Jeremy K. Robinson

On July 3, the 3rd U.S. Circuit Court of Appeals shook the world of online commerce when it held in a 2-to-1 opinion that Amaz...


California Supreme Court, Labor/Employment, Civil Litigation

Storms on the horizon after high court’s Dynamex ruling

Jul. 10, 2019
By Irene Scholl-Tatevosyan, Benjamin J. Kim

In early 2018, the California Supreme Court changed the way California businesses approach the use of independent contractors ...


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

Strategies shift after Epic Systems

Jul. 10, 2019
By Gary M. McLaughlin, Christopher Petersen

In May 2018, the U.S. Supreme Court held that class action waivers in employee arbitration agreements do not violate the Natio...


Labor/Employment

Employees must be paid for every minute

Jul. 10, 2019
By Jennifer M. Protas, Laura C. Riparbelli

The California Supreme Court, after having been petitioned by the 9th U.S. Circuit Court of Appeals to answer this question, h...


Labor/Employment

The rights of transgender and non-binary employees

Jul. 10, 2019
By Camille H. Pating

Recent California laws and regulations provide protections for transgender and non-binary employees, ranging from expanding t...


California Courts of Appeal, California Supreme Court, Civil Litigation

But was this the correct policy choice? It should be noted that the Burlage holding never really “caught on” as a successful b...


Labor/Employment

Varsity Blues: Lessons for California employers

Jul. 10, 2019
By Dan M. Forman

All employers should be prepared and plan ahead for unexpected illicit behavior of their employees. The criminal detention of ...


Labor/Employment

Data privacy concerns for human resources executives

Jul. 10, 2019
By Katherine S. Catlos, Jean Liu

California has undertaken an ambitious initiative designed to enhance privacy protections for consumers — which includes emplo...


Labor/Employment

Drug policies in the age of legal marijuana

Jul. 10, 2019
By Gina M. Roccanova

Nearly three years after California voters approved a ballot measure decriminalizing the recreational use of cannabis, and mor...


California Supreme Court, Labor/Employment

Are unpaid summer internships still legal?

Jul. 10, 2019
By Andre Y. Bates

For many California companies, summer brings a fresh crop of young and enthusiastic interns eager to improve their future empl...


Labor/Employment, Civil Litigation

Time to reconsider nonsolicitation provisions?

Jul. 10, 2019
By Michele Haydel Gehrke, Anne Cherry Barnett

Until recently, employee nonsolicitation provisions were believed to be the last post-employment restrictive covenant that Ca...


Labor/Employment, Civil Litigation

Avoiding the ban on noncompetes: Is it possible?

Jul. 10, 2019
By Wendy M. Lazerson, Katharine M. Miner

Recently, the Delaware Court of Chancery did an about face and upheld a Delaware choice-of-law provision in an employment agre...


Criminal, Letters

Chesa Boudin, who is running to be San Francisco’s next district attorney, says he supports restoring parolee voting rights to...


Civil Rights, Government, Labor/Employment

California has just passed legislation prohibiting discrimination against “traits historically associated with race … includin...


Civil Litigation

Defending against retaliatory defamation suits

Jul. 10, 2019
By Selina J. MacLaren

Moo! When public figures have a cow, they all too often come down with a case of mad lawsuit disease


California Courts of Appeal, Family

Be warned: the moving party in a Family Law matter can lose their motion, as well as be sanctioned for their requested relief.


It is important to be prepared for curve balls life can throw, including, your spouse coming home unexpectedly and telling you...


Judges and Judiciary

Judge Manuel Real: A Complex Mosaic

Jul. 9, 2019
By Howard Gillingham

United States District Judge Manuel L. Real was in his eighth of what would be 53 controversial years on the Central District ...


Family

A lawyer should strongly consider that with every question asked and work with a client to feel when to admit, deny, attempt ...


9th U.S. Circuit Court of Appeals, Antitrust & Trade Reg., Labor/Employment, U.S. Supreme Court

Balancing the interests of antitrust and labor laws

Jul. 9, 2019
By Cynthia E. Richman, Daniel G. Swanson

National attention has increasingly focused on the proper role of antitrust law in regulating labor markets. Much has been wri...


State Bar & Bar Associations

Bar exam oversight requires more than just watching

Jul. 9, 2019
By Mitchel L. Winick

The Legislative Analyst’s Office that serves as the California Legislature’s nonpartisan fiscal and policy advisor recently pu...


Administrative/Regulatory, Government

China and the US: Promoting and regulating artificial intelligence

Jul. 8, 2019
By Dean W. Harvey, Dominique Shelton Leipzig

According to data from the World Economic Forum and McKinsey Global Institute, AI is expected to create as many as 133 million...


Criminal, Law Practice, Military Law

A Vietnam veteran

Jul. 8, 2019
By Eileen C. Moore

Let’s all hope that Lee Robbins continues to do well. He wants to move out of state and has been paying rent on a town home th...


Civil Rights, Government

California is on the verge of restoring the right to vote for people on parole, ending a practice that makes second-class citi...


Health Care & Hospital Law, Letters, Civil Litigation

MICRA is waiting for justices to step up to the plate

Jul. 8, 2019
By Nathaniel J. Friedman

Young Nicholas Rowley’s multi-paragraph letter (“Fixing MICRA: In search of a hero in a black robe,” July 3) demonstrates that...


Labor/Employment

New law targets discrimination based on hair style

Jul. 8, 2019
By Camille H. Pating, Yuki Cruse

California Senate Bill 188, known as the CROWN Act, seeks to “Create a Respectful and Open Workplace for Natural hair.” The bi...


Government

President James Buchanan and the gossip pages

Jul. 5, 2019
By James Attridge

Mayor Pete’s milestone candidacy will hopefully serve the cause of history by cashiering the unfounded and logically empty spe...


Corporate, Ethics/Professional Responsibility, Law Practice

Providing opinions can create ethical issues

Jul. 5, 2019
By Shari L. Klevens, Alanna G. Clair

When thorny issues arise in the corporate setting, the board of directors of a company may turn to an outside attorney to perf...


California Supreme Court, Labor/Employment, Civil Litigation

California is doubling down on the Dynamex ruling across the board

Jul. 5, 2019
By Allegra A. Jones, Brooke B. Tabshouri

Just over a year after the California Supreme Court handed down the landmark decision, the 9th U.S. Circuit Court of Appeals a...


Civil Litigation, Tax

Settlements and taxes: 5 IRS rules to remember

Jul. 5, 2019
By Robert W. Wood

Many plaintiffs settle lawsuits or win judgments, but are later surprised that they have to pay taxes. Even those who know tha...