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Constitutional Law, Government

A constitutional crisis?

May 14, 2019
By Erwin Chemerinsky

Speaker of the House of Representatives Nancy Pelosi recently used that phrase and it is constantly uttered by commentators. Y...


Immigration

While this ruling is a significant decision that will impact many children who appear in immigration removal proceedings in th...


Administrative/Regulatory

CCPA’s cure provision can provide companies relief from class treatment

May 14, 2019
By Allen L. Lanstra, Kevin J. Minnick

Unlike similar statutes, however, the California Consumer Privacy Act’s cure provision prevents the consumer from bringing a c...


Intellectual Property, Civil Litigation

On May 8, in Amgen v. Sandoz, the U.S. Court of Appeals for the Federal Circuit handed the biosimilar giant another win in two...


Constitutional Law, Government

If Congress and the president want a resolution that restores balance and allows the country to move in a positive direction,...


Real Estate/Development, Tax

Latest opportunity zone treasury regulations offer more clarity to investors

May 13, 2019
By Michael D. Haun, Kami L. LaBerge

On April 17, the Internal Revenue Service issued its second tranche of proposed regulations to address many questions left una...


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

Child litigants need to have counsel

May 13, 2019
By Kevin Lapp

In a recent ruling, the 9th Circuit again avoided answering the urgent issue of whether child respondents in removal proceedin...


California Courts of Appeal, Health Care & Hospital Law, Labor/Employment, Civil Litigation

Ruling ends physician termination sans peer review process

May 13, 2019
By Andrew H. Selesnick, Karen N. George

A recent Court of Appeal ruling put an end to the practice of terminating a physician without utilizing the peer review proces...


Intellectual Property

While the growth in patent filings is almost ubiquitous in technology areas in the medical device segment, the biggest growth ...


Criminal, Government

Criticism is inevitable for someone who has served two terms as district attorney. In general, criticism of elected officials ...


Constitutional Law, Criminal, U.S. Supreme Court

“Security” is a flimsy reason to deny a U.S. citizen the cherished American right to free exercise of religion. Yet that is ex...


Administrative/Regulatory, Environmental & Energy

Under current regulations, a manufacturer can place the required warning on the product or its packaging, or it can pass the o...


Law Practice

Is artificial intelligence the answer for legal tech? It depends.

May 10, 2019
By Kent B. Goss, Meg C. Gomes

Your clients are asking about it, your competition is studying up, and so making sure you stay prepared means tuning in to exa...


Labor/Employment

Senate Bill 188 would significantly broaden employees’ protections against improper race discrimination and make California th...


Criminal, Letters

Am I supposed to feel sorry for a murderer?

May 10, 2019
By Marc Debbaudt

In is May 9 column, “Reflections on a sentence of life without parole,” John Mills begins with a question posed by his client:...


Books, Criminal

Imagining a Greater Justice

May 10, 2019
By Samuel H. Pillsbury

When we listen to victims closely we learn about relational losses from violence and the need for relational healing.


Ethics/Professional Responsibility, Law Practice

Attorney work product protection for client file materials

May 10, 2019
By Shari L. Klevens, Alanna G. Clair

Most attorneys are aware of the obligation to return a client’s “file” upon request following the termination of a representat...


Special considerations for minimum policy settlements

May 9, 2019
By Jessica A. Detering, Alexandra N. Selfridge

The existence of the tripartite relationship between insured, insurer, and defense counsel is a prevailing concept in insuranc...


Administrative/Regulatory, Banking, Government, Tax

Will the SAFE Banking Act persuade banks to open their doors to cannabis clients?

May 9, 2019
By Joshua Schneiderman, Helen Goldstein

“Cash only, please” signs are prevalent in California marijuana dispensaries and businesses. It is estimated to be a North Ame...


Criminal

“What am I supposed to do, just die in prison?” I was seated just outside the dilapidated holding cell adjacent to the courtro...


Government, Education Law

Changes to Title IX enforcement on campuses

May 9, 2019
By Jacob Madden, Karen A. Feld

Even if a college or university is no longer required to investigate a complaint made regarding an off-campus incident, failur...


9th U.S. Circuit Court of Appeals, California Supreme Court, Labor/Employment

The 9th Circuit does not explicitly tell the remanding district court how to rule. But it comes close by describing the approp...


Entertainment & Sports

Time has come to transform the TAA

May 9, 2019
By Thomas H. Vidal

Under the current regime, though, artists are not adequately protected and other representatives -- i.e., personal managers an...


Administrative/Regulatory, Government

Are we there yet?

May 8, 2019
By Bonnie Lau, Peter Z. Stockburger

California’s new privacy law inches closer to the finish line with pending legislative amendments


Alternative Dispute Resolution, Labor/Employment, Civil Litigation

Of course, the devil is always in the details. But, there are other ways to address the legitimate objections to arbitration w...


Judges and Judiciary, Law Practice

A moral dilemma

May 8, 2019
By Arthur Gilbert

So am I going to go ahead with my novel? I’m thinking about it.


9th U.S. Circuit Court of Appeals, California Supreme Court, Labor/Employment

How should companies deal with Dynamex retroactivity?

May 8, 2019
By Coby M. Turner, Jon D. Meer

Approximately a year ago, the California Supreme Court issued its opinion in the Dynamex case, upsetting the status quo employ...


Labor/Employment

We need legislation to supplant Labor Code Section 2922 with a “just cause” statute, similar to that in Montana and nearly all...


Administrative/Regulatory, Environmental & Energy, Government

The sale of needles and pharmaceutical drugs in California, based on national figures, is estimated to be on the order of $50 ...


Labor/Employment

In working with employers of various sizes, backgrounds, sophistication, and industries, there is some confusion and simple mi...