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9th U.S. Circuit Court of Appeals, Bankruptcy

To save a successful Chapter 11 restructuring from, in the words of the 9th U.S. Circuit Court of Appeals, going “up in smoke,...


Government

Dependency counsel funding draws national praise

Jun. 27, 2019
By Jill Mcinerney

Governor Gavin Newsom delivered on his campaign’s promise to invest in California’s children and families in the Budget Act of...


Insurance

Insurance policies are full of phrases and terms that might have one “ordinary and popular” meaning but a completely different...


Civil Litigation, Tax

As medicine, science, and the law continue to develop, lawsuits for wrongful birth and wrongful life are increasingly being re...


Government

Before we regulate

Jun. 26, 2019
By H. Mark Lyon

An absolute ban on all uses of all forms of a particular technology is rarely, perhaps even never, appropriate, at least where...


Criminal

Can a robot be a successful district attorney?

Jun. 26, 2019
By Stephen E. Henderson

Artificial intelligence is all the rage. We constantly hear about it in one form or another. Automation. Big data. Machine ...


A 9th Circuit panel held that such pleas are involuntary if the government lacked probable cause to prosecute the third party ...


Intellectual Property

Protecting Intellectual Property in the rapidly evolving age of AI

Jun. 26, 2019
By James L. Davis, Steve Meil

While work on AI-related technology started over 60 years ago, more than half of the nearly 340,000 AI-related patent applicat...


Labor/Employment, U.S. Supreme Court

This comes up often when the named employee in a class action doesn’t sign an arbitration agreement, but other employees do.


Law Practice, Education Law

Confused in the courtroom

Jun. 26, 2019
By Ashley Lipson

Math skills are disappearing from the legal profession


Constitutional Law, U.S. Supreme Court

Sometimes Supreme Court controversies promising tectonic shifts in constitutional rights and legal doctrines do not turn out t...


Civil Litigation, U.S. Supreme Court

When the FCC speaks, everyone must listen... maybe

Jun. 25, 2019
By Eric J. Troutman

That a district court could not ignore or refuse to follow an order by the Federal Communications Commission related to the Te...


Corporate, Labor/Employment

Companies seeking to reward employees for their contributions during their employment through the use of equity awards may not...


Constitutional Law, U.S. Supreme Court

Opening the federal courthouse door to takings claims

Jun. 25, 2019
By Marc D. Alexander

In 2017, Professor (now Dean) Erwin Chemerinsky’s book, “Closing the Courthouse Door,” was published. The book’s subtitle pres...


Law Practice, Tax

The Tax Cuts and Jobs Act passed at the end of 2017 doubled the estate and gift tax exemption. With much aplomb, it was announ...


Law Practice

Pick up the phone, please

Jun. 25, 2019
By Frank H. Wu

As a law professor, I have realized we need to teach students a skill they by and large lack when they enroll: how to use the ...


Environmental & Energy, Letters, Civil Litigation

I write to make three important corrections, and one clarification, to Howard Miller’s June 13 column, “Tectonic legal plates:...


On June 5, the SEC adopted a package of new rules, amendments and interpretations that addresses the obligations of broker-dea...


Constitutional Law, U.S. Supreme Court

Ding dong, the witch is dead!

Jun. 24, 2019
By Michael M. Berger

Please forgive the levity in the title of this column. Lawyers who litigate constitutional property rights cases have been wai...


Civil Litigation

The Los Angeles Dodgers’ bad case of déjà vu

Jun. 24, 2019
By Allen Patatanyan

When news first broke in March of a brain-damaged man whose injuries stemmed from an attack in the Dodger Stadium parking lot,...


Constitutional Law, Criminal, U.S. Supreme Court

In a 7-2 decision, Supreme Court affirmed this separate sovereign principle in Gamble v. United States


Appellate Practice, Civil Litigation

Limited civil cases have special procedural rules, under the rubric “Economic Litigation.” One of these, at Section 98, allows...


Intellectual Property, Civil Litigation

Patent litigators lacking a technical degree, particularly those who enter the field after law school, are a small minority of...


California Supreme Court, Constitutional Law, Government

Plotting the boundary between state and local authority

Jun. 21, 2019
By Michael G. Colantuono

The state high court provided helpful clarification of rules that balance the powers of charter cities and state entities. The...


Constitutional Law, Government, U.S. Supreme Court

On the morning of September 28 last year, Sen. Jeff Flake announced he would be voting to confirm Brett Kavanaugh. A few hours...


State Bar & Bar Associations, Ethics/Professional Responsibility

What to do when you hear from the State Bar

Jun. 21, 2019
By Murray Greenberg

Taking a “burying your head in the sand” approach will not make a complaint filed with the State Bar go away. In fact, Busine...


Law Practice, Legal Education

Externships: a primer

Jun. 21, 2019
By Anahid Gharakhanian, D’lorah L. Hughes

They are not only great for law students; hosts benefit, too


Alternative Dispute Resolution

Reflections on my first year as a mediator

Jun. 21, 2019
By Lars C. Johnson

Having participated in dozens and dozens of mediations as a lawyer, I thought I had seen it all.


Administrative/Regulatory, Corporate, Securities

Hot topics in the 2019 SEC regulatory landscape

Jun. 21, 2019
By Robert R. Boeche II

The SEC’s Office of Compliance Inspections and Examinations releases an annual Examination Priorities report that identifies c...


Immigration

Driving around in Fresno County, it’s impossible to miss the workers squatting in the fields picking strawberries or cauliflow...