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California Supreme Court, Judges and Judiciary

The funds may be used to defray the travel expenses of law students and graduate students needing to access archival materials...


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

For life not eternity: What’s next for pay history?

Mar. 12, 2019
By Eve I. Klein, Jennifer A. Kearns

Last month, the U.S. Supreme Court vacated the 9th Circuit’s pay history ruling for improperly relying on the vote and opinion...


Government, Labor/Employment

There were rumblings in the past, but now the full force of the U.S. House of Representatives is coming for forced arbitration...


Civil Litigation

Presenting life care planner’s testimony while navigating Sanchez

Mar. 12, 2019
By Brian S. Kabateck, Brian Hong

It’s a scenario that many trial lawyers dread: Your life care planner is on the stand. Just when she’s about to get into the d...


Bankruptcy

Will dealing with cannabis businesses leave you bankrupt?

Mar. 12, 2019
By Charles D. Ferrari

If your business deals with cannabis, you no doubt are hoping the answer is no. However, as the saying goes, "be careful what ...


Law Practice, Civil Litigation

Given the size of the third-party litigation funding industry and its impact on our justice system, a little transparency isn’...


Law Practice, Civil Litigation

Seeing through the Litigation Funding Transparency Act of 2019

Mar. 11, 2019
By Matthew Harrison, Amy Geise

The Litigation Funding Transparency Act offers no sound policy basis and runs contrary to basic tenets of relevance governing ...


Environmental & Energy

Fifty years ago, an oil drilling company failed to put proper safety measures in place causing one of its oil platforms to rup...


California Supreme Court, Law Practice, Civil Litigation

For years, it has been standard practice for lawyers to give the “thumbs up” on settlement agreements by signing “Approved as ...


Traveling abroad might be a luxury or a necessity, depending on the circumstances. But now you can add tax problems to the lis...


Intellectual Property, U.S. Supreme Court

On Monday, the U.S. Supreme Court granted certiorari to review the question of whether applicants who have appealed the decisi...


Administrative/Regulatory, Government

Consumer privacy across the Atlantic: GDPR vs CCPA

Mar. 8, 2019
By Mary Race, Christine Lyon

The California Consumer Privacy Act of 2018 echoes concepts found in the European Union’s General Data Protection Regulation, ...


Law Office Management, Law Practice

Planning is critical in managing the risks of partner departures

Mar. 8, 2019
By Daniel O'Rielly, Dena Roche

For any California law firm, addressing the challenges that arise when a partner or practice group departs the firm is a criti...


Insurance

Many, if not most, directors and officers liability policies contain allocation clauses. Commonly, these clauses provide that ...


Ethics/Professional Responsibility, Law Practice

Dishonest Attorneys Face Severe Consequences

Mar. 8, 2019
By Shari L. Klevens, Alanna G. Clair

In recent years, courts have shown little hesitation in imposing severe sanctions on attorneys if the court determines that th...


Contracts

E-signatures & the law

MCLE
Mar. 8, 2019
By Charles N. Bahlert, Patrick J. Wingfield

We are living in the Information Age, where technologies continuously and rapidly evolve and the law struggles — and often fai...


California Supreme Court, Government, Labor/Employment

In an unanimous decision, the California Supreme Court held that the plaintiffs in Cal Fire Local 2881 v. CalPERS have no vest...


Intellectual Property, Civil Litigation, U.S. Supreme Court

Don’t hold your breath after copyright ruling

Mar. 7, 2019
By Jessica Bromall Sparkman, Rod S. Berman

The U.S. Supreme Court says that a copyright owner cannot initiate a lawsuit until it obtains a certificate of copyright regis...


Banking, Securities

The initial coin offering was the natural next step in the evolution of applications for blockchain technology. The only probl...


California Supreme Court, Civil Litigation

What a court can consider when ruling on anti-SLAPP

Mar. 6, 2019
By Gregory M. Smith

The California Supreme Court recently ruled on what a court can consider when ruling on an anti-SLAPP.


As every law student and lawyer knows, while there are the rules, there are the exceptions to the rules, and then there are th...


Criminal, Government

On March 2, the Los Angeles Times editorial board attacked district attorneys as craven politicians out to maximize punitive s...


Criminal, Military Law

Veterans and domestic violence

Mar. 6, 2019
By Eileen C. Moore

The impact of military service can manifest itself on the lives of everyone in a veteran’s family in countless ways. Military ...


Environmental & Energy, U.S. Supreme Court

Clean Water Act cases head to the high court

Mar. 5, 2019
By Davina Pujari, Sean G. Herman

The U.S. Supreme Court has agreed to hear two cases involving whether the act regulates discharges of pollutants to groundwater.


California Courts of Appeal, Civil Litigation

Most lawyers familiar with arbitration understand that it is not a judicial proceeding, but it might come as a surprise to lit...


Law Practice

The OJ Simpson “trial of the century,” already distant enough in the past to be the subject of fictional revision, offers a fe...


Corporate, Tax

Are you selling a business, or perhaps helping a client to sell a business? In any of these circumstances, it pays to think ab...


Appellate Practice, Judges and Judiciary

Invisible Justice

Mar. 5, 2019
By Benjamin G. Shatz

The typical appellate court decision names the judges who decided the case and specifies which is the author and which two are...


Intellectual Property

Can we patent our machine-learning innovation?

Mar. 5, 2019
By John E. Kind

The phrase “on the internet” became a running joke with patent attorneys after the dot com boom; today it might be “machine le...


Constitutional Law

In the battle between desire for public access and environmental preservation, respecting property rights is the best solution