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9th U.S. Circuit Court of Appeals, Alternative Dispute Resolution, Civil Litigation, Litigation & Arbitration

Claims like those of individual drivers are exactly the types of claims that should be disposed through a process less formal ...


Civil Rights, Labor/Employment

Bad actors don’t suddenly change their stripes because they were spoon-fed a few hours of mandatory training. So how do we cha...


Immigration, U.S. Supreme Court

Is Nielsen v. Preap a textualist nightmare?

Oct. 10, 2018
By Seth M.M. Stodder

As the saying goes, "bad facts make bad law." Add in an unartfully drafted statute, and you have Nielsen v. Preap, the latest ...


Administrative/Regulatory, Transportation

It’s time to plug this gaping hole in our motor vehicle laws.


Real Estate/Development

A middle ground is possible for rent control, but this year’s initiative to repeal Costa-Hawkins does the opposite.


Law Practice

Illness can make you a better person

Oct. 9, 2018
By Frank H. Wu

I have been pondering "commensurability," an important concept in law, after my diagnosis with a rare, serious autoimmune dise...


Securities

Elon Musk, a modern-day Peter Pan

Oct. 9, 2018
By Ronald E. Wood

Unless an alarm sounds to immediately constrain Musk’s Neverland-like banter and play, the clock in the Croc will draw ever cl...


Administrative/Regulatory, Corporate, Criminal

2nd Circuit Focuses FCPA Enforcement on Agency

Oct. 9, 2018
By Laura Kabler Oswell, Nathaniel L. Green

The 2nd Circuit's ruling in United States v. Hoskins may provide further encouragement for foreign individuals and entities to...


Criminal

Jail credits and 'knowing intelligent' pleas

Oct. 9, 2018
By George K. Rosenstock

To ensure that a plea is "knowing and intelligent," criminal defense attorneys must tread carefully through the briar patch of...


Entertainment & Sports, Intellectual Property, Civil Litigation

Down the Stairway to Heaven, and into district court

Oct. 8, 2018
By Bennett A. Bigman

Based on a recent ruling by the 9th U.S. Circuit Court of Appeals, rock legends Robert Plant and Jimmy Page will return to a L...


Constitutional Law, U.S. Supreme Court

Taking back takings lawsuits

Oct. 8, 2018
By Meriem L. Hubbard

This term the Supreme Court has a chance to overturn a decades-old decision that kept many property owners out of federal courts.


International Law, U.S. Supreme Court

Secret sales and prior art

MCLE
Oct. 8, 2018
By Craig E. Countryman

This term, the Supreme Court will consider whether, under the America Invents Act, a secret prior sale can invalidate a patent.


Contracts, Entertainment & Sports, Law Practice

In a ruling heard ‘round the entertainment world, in August a superior court in Los Angeles said Johnny Depp’s oral contract w...


Criminal, Law Practice

Domestic violence: A scourge that knows no boundaries

Oct. 8, 2018
By Yvette Lopez-Cooper

October is National Domestic Violence Awareness Month. For years, law enforcement agencies, social service providers, non-gove...


Ethics/Professional Responsibility, Law Practice

The new Rule 5.5 modifies former Rule of Professional Conduct 1-300, titled “Unauthorized Practice of Law.”


Labor/Employment

Review NLRB’s proposed rule to clarify its joint-employer standard

Oct. 5, 2018
By Mellissa A. Schafer, Brandon A. Takahashi

On Sept. 14, the National Labor Relations Board proposed a rule to clarify the board’s position on this legal issue,


Ethics/Professional Responsibility, Law Practice

Closing old files will help your law firm reduce risk

Oct. 5, 2018
By Shari L. Klevens, Alanna G. Clair

It does not always occur to attorneys to formally close the matter internally and to send a file closing letter to a client.


Alternative Dispute Resolution, Civil Litigation

The dollars and sense of a discovery referee

Oct. 5, 2018
By Joyce Fahey

It’s surprising how often this sensible and cost-saving solution is overlooked.


Labor/Employment

California is stepping up

Oct. 5, 2018
By Janine Yancey

The #MeToo movement and our changing culture have been the driving force behind new California laws that increase employers’ ...


While we normally only address signed bills that have become new law in California, there were quite a number of significant v...


Intellectual Property

Recent cases have highlighted the question as to what, if any, intellectual property rights do graffiti artists, who use build...


State Bar & Bar Associations, Judges and Judiciary, U.S. Supreme Court

On Aug. 31, the American Bar Association gave Judge Brett Kavanaugh its highest rating of “Well Qualified” in connection with ...


Government, Labor/Employment, Civil Litigation

Senate Bill 1300 finally eliminates the pass given to bad actors in the workplace that was rooted in the way the “severe or p...


Administrative/Regulatory, Government

Beginning on Jan. 1, 2020, the California IoT law will require that manufacturers of any device “capable of connecting to the ...


Ethics/Professional Responsibility, Law Practice

Internet advertising and the criminal law mill

Oct. 4, 2018
By George K. Rosenstock

In the early 90s, the California Supreme Court ruled that the contact information for persons arrested could be released. This...


Constitutional Law, Environmental & Energy, U.S. Supreme Court

After the U.S. Supreme Court hears arguments in November, will Alaska prove to be the exception or the rule for the future of ...


Constitutional Law, U.S. Supreme Court

Chevron deference has been a quite controversial doctrine, both on and off the courts. The controversy has encompassed the doc...


Appellate Practice, California Courts of Appeal, Judges and Judiciary

Slumming it with facts on appeal, part 2 — going to the 909

MCLE
Oct. 3, 2018
By Benjamin G. Shatz

As we have seen, sometimes appellate courts do get their hands dirty with facts and will entertain a new fact for the first ti...


Administrative/Regulatory, California Supreme Court, Government

The California Supreme Court is considering whether to hear a case that could require the nation’s largest water agency to rel...


Law Practice

How will you honor this year’s National Celebration of Pro Bono?

Oct. 3, 2018
By Laura Cohen, Michelle Takagishi-Almeida

There are plenty of opportunities for attorneys from any practice area or background to get involved in pro bono service year-...