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California Courts of Appeal, Law Practice, Civil Litigation

5 years to trial and death knell orders

May 7, 2019
By Patrick Hammon, Katherine Chilton

Recent rulings are a reminder that California’s “five-year rule” is strict and unforgiving.


Labor/Employment, U.S. Supreme Court

The U.S. Supreme Court will hear three cases in its October 2019 Term concerning whether LGBTQ people are protected from emplo...


California has had construction-related prompt-payment laws on its books for some time. But until recently there’s been confus...


Appellate Practice, California Courts of Appeal

Abbreviated justice

May 7, 2019
By Benjamin G. Shatz

California courts generally decide appeals with written decisions, but memorandum opinions do exist under California law.


Each of us has much to be modest about

May 7, 2019
By Frank H. Wu

I once made a mistake assessing students — not the first time, probably not the last time.


Law Practice

Thank you, Mr. Takahashi

May 7, 2019
By Michael E. Whitaker

On this National Teacher Appreciation Day, let’s salute our teachers who make a difference every day.


Health Care & Hospital Law

An unspoken epidemic: elder neglect in California’s assisted living facilities

May 6, 2019
By Kathryn A. Stebner, Karman M. Guadagni

There are approximately 300,000 elderly Californians currently living in assisted living facilities throughout the state. Whi...


Constitutional Law, Labor/Employment, Civil Litigation

Most everyone knows that nonprofit religious organizations are not treated the same as other entities with respect to some law...


Appellate Practice, California Courts of Appeal, California Supreme Court, Law Practice

From legal formalist to legal realist

May 6, 2019
By Myron Moskovitz

Recently, I’ve been ruminating on my career as an appellate lawyer. Over the years, I’ve changed my approach — a lot.


Alternative Dispute Resolution, Law Practice

Please allow me to introduce myself

May 6, 2019
By Robert S. Mann

You have one chance to create the first impression of being professional, competent, organized and effective.


Environmental & Energy, Government

Environmental deregulation: all sound, no fury

May 3, 2019
By Gerald George

The Trump administration has repeatedly vowed to streamline environmental regulation, bring back coal, and make America No. 1 ...


Administrative/Regulatory, Environmental & Energy

The air basin is currently rated “extreme non-attainment” for NOx, which causes the formation of smog and acid rain.


Corporate, Securities, Tax

Common questions about tax rules for pricing options

MCLE
May 3, 2019
By Michael Shaff

There are special rules for incentive stock options that a corporation can issue to an employee. Among those rules, the exerci...


9th U.S. Circuit Court of Appeals, Securities, U.S. Supreme Court

One week after oral argument, the U.S. Supreme Court dismissed as improvidently granted a case which questioned whether liabil...


Law Practice

Unique risks for women who serve in combat

May 2, 2019
By Eileen C. Moore

It is expected that by 2020, more than 2 million women will be in the veteran population. Their health experiences and needs a...


Labor/Employment

In this complicated time for California employers, where a 3-4 percent unemployment rate makes it so challenging to recruit an...


Law Practice

A brief overview of the California Uniform Trust Decanting Act

MCLE
May 1, 2019
By Jenny Hill Bratt, Catherine M. Swafford

The new law is long and complex. This article is intended to provide practitioners with a brief overview of the procedural and...


Criminal

The dangers of deepfakes

May 1, 2019
By Rebecca Delfino

Daily we are bombarded in cyberspace with fake information, images and videos, and the law has failed to keep pace with the fa...


Government

With technology dramatically changing how local governments service the public, the developing legal issue concerns to what ex...


Intellectual Property, Civil Litigation

Ruling causing a stir in patent licensing community

May 1, 2019
By Bridget A. Smith, John B. Sganga Jr.

In a recent ruling the Federal Circuit held that an ordinary forum selection clause in a licensing agreement can prevent a val...


Administrative/Regulatory, Environmental & Energy

To produce sufficient food and fiber to feed California, the nation and the world, Central Valley farmers use synthetic and o...


Procedure is all around us

Apr. 30, 2019
By Frank H. Wu

Why I admire Parliamentary procedure


Several commander-in-chief hopefuls, seeking the White House residency beginning in January 2021, have begun stridently pontif...


Civil Litigation, U.S. Supreme Court

Statutory originalism & the Federal Arbitration Act

Apr. 29, 2019
By Steven B. Katz

The U.S. Supreme Court’s latest arbitration ruling continues a proxy war over ‘statutory originalism.’


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

9th Circuit’s influence over TCPA jurisprudence is growing

Apr. 29, 2019
By Artin Betpera, Susan N. Nikdel

California is a hub of TCPA litigation with new, major class actions being filed against all manner of major businesses on wha...


Constitutional Law, Government, Civil Litigation

In this article and accompanying self-study test, readers will learn about the eminent domain process, its constitutional and ...


Civil Rights

There have been innumerable revisions to the state and federal procedural rules in the 80 years since promulgation of the Fede...


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

The appellate court recently issued its fifth ruling on the issue of website accessibility in the case of Robles v. Domino's.


Corporate, Government

The U.S. House of Representatives has passed a bill, now in the Senate, which seeks to ensure employees are compensated withou...


Appellate Practice, California Supreme Court, Judges and Judiciary

Justice Ming Chin by the numbers

Apr. 26, 2019
By Kirk C. Jenkins

Today, we’re beginning a new series of monthly columns — analytics-driven profiles of every justice of the California Supreme ...