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Constitutional Law, Government, Immigration

Federal law establishes a procedure for the president to declare a national emergency — but it doesn’t saw what an emergency is.


Alternative Dispute Resolution, Civil Litigation, U.S. Supreme Court

Statutory originalism has firmly arrived

Jan. 30, 2019
By Steven B. Katz

Two recent Supreme Court rulings on arbitration speak with one voice to announce a clear shift in the way the high court is go...


The case of the public pissoir

Jan. 30, 2019
By Michael M. Berger

This month we’ll take a step back from takings law to discuss a strange case involving a three-inch hole installed in San Fran...


Civil Rights, Constitutional Law

Even if Mark Twain never actually said, “Whiskey is for drinking; water is for fighting over,” nowhere is this maxim better il...


Administrative/Regulatory, Civil Litigation

Businesses should pay attention to a recent Illinois Supreme Court ruling on the state’s unique biometric privacy law.


Administrative/Regulatory, Government

Businesses express concerns with CCPA at public forum

Jan. 30, 2019
By Jeffrey Atteberry

On Friday, the California attorney general’s office hosted a public forum at the Ronald Reagan Building in downtown Los Angele...


California Supreme Court, Labor/Employment, Civil Litigation

Dealing with Dynamex

Jan. 30, 2019
By Laura P. Worsinger

The California Supreme Court’s decision the landmark worker classification case is having a greater impact on employers than a...


Administrative/Regulatory, Securities

Securities year in review

Jan. 29, 2019
By Nicolas Morgan, Thomas A. Zaccaro

And looking ahead to securities regulation priorities in 2019.


Alternative Dispute Resolution, California Courts of Appeal, Civil Litigation

Cost-shifting in mediation after Berkeley Cement ruling

Jan. 29, 2019
By Marc D. Alexander

A California jurist once wisely observed, “All too often attorney fees become the tail that wags the dog in litigation.”


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

FCA claims after Escobar

Jan. 28, 2019
By Paul S. Chan, Shoshana E. Bannett

In 2016, the U.S. Supreme Court resolved the question of whether there can be liability for implied false certification claims...


9th U.S. Circuit Court of Appeals, Appellate Practice

An en banc panel of the 9th Circuit recently issued a decision in the latest installment in the long-running legal saga of the...


Administrative/Regulatory, Mergers & Acquisitions

Mergers and acquisitions in the cannabis industry

Jan. 28, 2019
By Tiffany Carrari

Despite these challenges, investors are more than willing to engage in pre-licensing deals as a way to get in at the ground fl...


Corporate, Mergers & Acquisitions, Securities

One perspective which is critical and is often overlooked until the time comes to actually execute on becoming a public compan...


Judges and Judiciary, Law Practice

When speed surveys are necessary

MCLE
Jan. 28, 2019
By Jason A. Clay

The objective of this article and accompanying self-study test is to increase readers' understanding of when speed surveys are...


Administrative/Regulatory, Criminal, Government

The thin blue line

Jan. 25, 2019
By J. Scott Tiedemann

Once confidential records of officer involved shootings, uses of force that result in great bodily injury, dishonesty and sexu...


Government

Happy 2019: The new year brings new laws

Jan. 25, 2019
By Adam B. Levine

Former California Gov. Jerry Brown signed more than 1,000 new laws that go into effect this year.


Administrative/Regulatory, Corporate

The California Consumer Privacy Act

MCLE
Jan. 25, 2019
By Stephanie Duchene, Peter Z. Stockburger

Earn MCLE credit learning the basics of California’s new Consumer Privacy Act.


Environmental & Energy, Government, Civil Litigation

‘Children’s Crusade’ can continue

Jan. 24, 2019
By John H. Minan

Juliana v. United States presents novel legal theories to compel the federal government to protect present and future generati...


Civil Litigation

Failing to address liens or reimbursement claims in personal injury cases can have disastrous consequences. Whether you are on...


Criminal, Government

Voters are free to rein in Prop 57

Jan. 23, 2019
By Mitchell Keiter

If voters wish to narrow the sentence reductions of Proposition 57 in a way that does not conflict with its actual text, they ...


Youngstown and the president’s emergency powers

Jan. 23, 2019
By Arthur G. Svenson

President Donald Trump has threatened to exercise emergency lawmaking power to construct a $5.7 billion border wall; many lega...


Constitutional Law, Health Care & Hospital Law, Letters, Tax

Misinterpretation of Congress’ power to tax

Jan. 23, 2019
By Richard A. Nixon

On Jan. 7, Professor John H. Minan wrote about the future of health care coverage in a column titled, “If ruling stands, milli...


Appellate Practice, California Courts of Appeal

Resolving Appeals Faster

Jan. 22, 2019
By James Ardaiz, Christopher Cottle

Is there anything you can do to get your case on appeal decided faster? Is there anything the appellate courts can do to impr...


Administrative/Regulatory, Labor/Employment

The Joint-Employer Dance

MCLE
Jan. 22, 2019
By Thomas O'Connell, Benjamin Carney

A recent D.C. Circuit decision marks yet another analytical refocusing of the joint-employer relationship in what has already ...


Labor/Employment, Education Law

LA teachers strike: not your average labor dispute

Jan. 22, 2019
By Mark Theodore, Cole D. Lewis

It’s impossible to discern exactly what’s going on in large part due to a recent law passed by the California Legislature.


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

GrubHub reclassification should be easy as ABC

Jan. 22, 2019
By Gerald L. Sauer

Although Dynamex retroactivity is not guaranteed, the likelihood that an exception would be granted is about the same as winni...


Appellate Practice, Law Practice, Civil Litigation

Ruling provides guidance for making valid 998 settlement offers

Jan. 18, 2019
By Paul R. Kiesel, Stephanie M. Taft

Traditionally analyzed under the “totality of the facts,” a recent appellate decision embraced three factors that are “especia...


Ethics/Professional Responsibility, Civil Litigation

Ethical pitfalls to avoid with personal injury liens

MCLE
Jan. 18, 2019
By Lars C. Johnson

Whether you represent people injured in accidents or defend these cases, you need to understand your ethical obligations regar...


Constitutional Law, Government, Tax

The House Ways and Means Committee wants access to the tax returns. Trump has said that he will try to block their release. He...


Questions of arbitrability after Henry Schein

Jan. 18, 2019
By Cary D. Sullivan, Maura C. Pennington

The Supreme Court recently held that the Federal Arbitration Act contains no “wholly groundless” exception to the threshold qu...