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Civil Litigation

The deluge of digital evidence

Jun. 14, 2019
By Michael D. Schwartz

Key considerations to take into account when evaluating digital media evidence for a case.


Government, Civil Litigation

Legislature weighs bill inspired by elder residents abandoned during wildfires

Jun. 14, 2019
By Brian S. Kabateck, Katherine A. Bruce

One of the most heartbreaking cases of elderly abandonment happened in the midst of the Tubbs wildfire that raced through Sono...


Alternative Dispute Resolution

The advantages of co-mediation

Jun. 14, 2019
By Suzanne K. Emge, Derek J. Emge

More attorneys are realizing is that the best “mediator” is often the best co-mediators.


Government

Arming teachers?

Jun. 14, 2019
By William Slomanson

As a former military shooting expert, I have a fear of guns — in the hands of fellow educators. In the aftermath of the 2018 s...


Environmental & Energy, Civil Litigation

This is about one of the most important cases in California you haven’t heard of. As public and political leaders are moving t...


Alternative Dispute Resolution, Government, Labor/Employment, Civil Litigation

The latest volley in the endless battle between California and the federal courts over mandatory arbitration clauses in employ...


Bankruptcy, Environmental & Energy

Court says FERC overstepped in PG&E bankruptcy cases

Jun. 13, 2019
By David S. Kupetz

The bankruptcy court presiding over the Pacific Gas and Electric Corp. Chapter 11 bankruptcy reorganization cases issued a dec...


Family, Government, Tax

Of all the tax bills that California state legislators were considering this year, the one that potentially had the most profo...


Government, Health Care & Hospital Law

From Obamacare to Trumpcare

Jun. 13, 2019
By Harry J. Nelson

It’s been nine years since the 2010 enactment of the Affordable Care Act. The ACA transformed American health care, the most s...


Probation commission needs certain powers to be effective

Jun. 13, 2019
By Jan Greenberg Levine

The Probation Department has exhibited an incomprehensible and long-standing resistance to the adoption of practices that are ...


Administrative/Regulatory, Corporate

A massive database containing information from more than 49 million Instagram accounts has been discovered online. The cache, ...


9th U.S. Circuit Court of Appeals, Education Law

Last week, the 9th Circuit approved the district court’s dismissal of a Title IX lawsuit brought by three University of Oregon...


9th U.S. Circuit Court of Appeals, Administrative/Regulatory, Government, U.S. Supreme Court

With SB 649 defeated and a recent California Supreme Court ruling, it would seem it is settled law in California that localiti...


California Supreme Court, Civil Litigation

A recent California Supreme Court ruling is required reading for all civil litigators.


Government, Intellectual Property

Patent bill should focus on stabilizing law, not wiping out precedent

Jun. 12, 2019
By Daniel N. Yannuzzi, Patrick McGill

Congress must appreciate and accommodate the reality of our constitutional system. As scattered as the current case law may be...


Civil Litigation

Clearing the hurdle: Classwide proof in false advertising class actions

Jun. 12, 2019
By Robert D. Phillips Jr., Ethan Bond

In the world of false advertising claims, the all-important question is this: Can the putative class offer some model that dem...


Corporate, Criminal, Government, Intellectual Property

How a robot named ‘Tappy’ could cripple Huawei

Jun. 11, 2019
By Janice W. Reicher, Jessica K. Nall

In the ongoing confrontation between the U.S. government and Chinese telecom giant Huawei, a civil trade secret dispute betwee...


Administrative/Regulatory, Environmental & Energy, Government, Civil Litigation

Reconsidering strict liability in light of recent California wildfires

Jun. 11, 2019
By Willis Hon, Bradford B. Kuhn

In 1965, the California Supreme Court decided the landmark case Albers v. County of Los Angeles, which established the strict ...


We need a higher education policy

Jun. 11, 2019
By Frank H. Wu

Public higher education has become a shadow of its former self.


State Bar & Bar Associations, Ethics/Professional Responsibility, Labor/Employment

Attorney ethics and unenforceable employment contracts

Jun. 11, 2019
By Robert C. Fellmeth

We all know that it is unethical for an attorney to file a clearly frivolous case, but the law as enforced is less clear on th...


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

Ruling breathes new life into nationwide class actions

Jun. 11, 2019
By Ryan Wu, Eduardo Santos

In a stark reversal from the panel decision, the en banc 9th Circuit held that settling parties are not required to conduct a ...


Labor/Employment, Civil Litigation

Los Angeles County Superior Court Judge Marc D. Gross made history on June 5 by becoming the first state court judge to decide...


Appellate Practice, Law Practice, Civil Litigation

Navigating the process is no simple matter: There are many technical nuances that create pitfalls for the unwary. A recent Cal...


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

Supreme Court ruling is a cautionary tale to employers

Jun. 10, 2019
By Todd B. Scherwin, Andrew J. Hoag

Employers Beware: In a cautionary tale to employers, the U.S. Supreme Court held that employers defending harassment claims un...


Labor/Employment

WCAB analysis invites a revival of compensable consequence claims injuries

Jun. 10, 2019
By Shannon M. Blair, Elizabeth A. Epstein

The Workers’ Compensation Appeals Board recently held in an en banc decision that multiple factors, some of which are entirely...


Law Practice

Lessons learned from the ‘Trial of Jack Ruby’

Jun. 10, 2019
By Robert H. Bunzel

“The Trial of Jacky Ruby,” by John Kaplan and Jon Waltz, dissects the transcripts and the trial record from the infamous Ruby ...


Real Estate/Development, Government

HUD policy would exacerbate a worsening crisis

Jun. 7, 2019
By Alfred M. Clark III

Last month, the Department of Housing and Urban Development published a proposed rule which would terminate housing assistance...


The times they are a-changin’ for Family Code Section 217 evidentiary hearings. The new rules: Be diligent, proactive and very...


Bankruptcy, U.S. Supreme Court

On June 3, the U.S. Supreme Court issued an opinion announcing the criteria for determining when a court may hold a creditor i...


Ethics/Professional Responsibility

Licensed to bill: Give billing the attention it deserves

Jun. 7, 2019
By Shari L. Klevens, Alanna G. Clair

Attorneys who ignore billing problems when they arise not only make things harder on themselves in collecting fees, but also c...