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Administrative/Regulatory, Securities, U.S. Supreme Court

Ruling leaves open questions about SEC’s in-house adjudications

Jul. 25, 2018
By Jonathan A. Shapiro, Reilly Stoler

The Supreme Court's holding in Lucia does not touch the still larger, also persistent questions of fundamental fairness -- the...


Criminal, Judges and Judiciary, U.S. Supreme Court

Judge Brett Kavanaugh on law enforcement

Jul. 25, 2018
By Kristina Doan Strottman

Much media attention has focused on Kavanagh’s positions in cases involving abortion, health care and presidential powers, but...


Contracts, Law Practice

The not-so-powerful nondisclosure agreement

Jul. 25, 2018
By Marwa Elzankaly

In today's world of the internet, social media and anonymous leaks to the press, NDAs can be difficult to enforce.


Administrative/Regulatory, Health Care & Hospital Law

Feds approve cannabis as epilepsy medicine in landmark ruling

Jul. 25, 2018
By James Raza Lawrence, Allison B. Margolin

The FDA's approval signals growing acceptance of cannabis, but increasing federal control could harm consumers and the industry.


Government

Time to revive the Democratic-Republican Party?

Jul. 24, 2018
By Maureen Johnson

Many historians view our country as tumbling through five to six distinct eras in our two-party system. Perhaps it is time for...


Criminal, Military Law

No remedy for our veterans

Jul. 24, 2018
By Eileen C. Moore

Defense attorneys in California often are ignoring statutes enacted specifically to help our veterans transition back into pro...


Civil Rights, Labor/Employment

Forum offers insights on pending #MeToo legislation

Jul. 24, 2018
By Michael H. Leb

In light of the legislative trend in this area, isn’t it reasonable to wonder whether a cause of action for bullying can be fa...


Alternative Dispute Resolution, Civil Litigation

On July 18, Gov. Jerry Brown signed Senate Bill 766 into law, adding several sections to the Code of Civil Procedure to permit...


Criminal, Letters

Law will support public safety and save tax dollars

Jul. 24, 2018
By Alex L. Landon

Orange County Supervisor Todd Spitzer recently wrote to express his concern over Assembly Bill 1810.


California Courts of Appeal, Civil Litigation

In overturning a defense verdict, the decision reinforces sexual harassment victims' rights to present their evidence at trial.


Appellate Practice, California Courts of Appeal, Law Practice

In my nearly 40 years as a writs attorney in the 2nd District Court of Appeal, I saw a flood of petitions that made two fatal ...


Appellate Practice, California Courts of Appeal, Civil Litigation

California civil litigators are SLAPP-happy

Jul. 23, 2018
By Gary A. Watt, Kristine L. Craig

A survey examining the May 2017 to July 2018 timeframe revealed 220 appellate opinions (published and unpublished), with 152 f...


Constitutional Law, Judges and Judiciary, U.S. Supreme Court

If you do not think those things affect Supreme Court decisions and that each of the nine justices approaches each case with a...


Civil Rights, Constitutional Law

Not every seizure falls within the confines of 42 U.S.C. Section 1983.


Civil Rights, Judges and Judiciary, Law Practice

Is disparate treatment based on race a real or imagined construct facing attorneys of color? And how should an attorney respon...


Civil Litigation, Tax

Don’t forget about taxes in litigation

Jul. 23, 2018
By Robert W. Wood

Lawyers, clients, judges and juries all must pay taxes. And with both federal and California tax changes today, tax worries ar...


Administrative/Regulatory, Health Care & Hospital Law

Telemedicine can help to combat opioid epidemic

Jul. 23, 2018
By Andrea L. Frey, Jeremy D. Sherer

Remote prescribing is a viable telemedicine tool to combat the opioid epidemic but faces legal barriers in federal and state l...


Administrative/Regulatory

New growing pains for California’s regulated cannabis industry

Jul. 23, 2018
By Joshua R. Mandell, Courtney Krause

The regulated cannabis industry entered into an important new phase this month, presenting a new round of challenges and costs...


Government, Labor/Employment

Assembly Bill 2770 expands existing law concerning privileged communications to include communications by former employers dea...


Criminal

The right to plead no contest in criminal cases

Jul. 20, 2018
By Jeff Adachi, Yali Corea-Levy

The San Francisco court needs to change its practice of disallowing no-contest pleas. It’s the fair, humane and just way to al...


Labor/Employment, Civil Litigation

While it has long been the rule that a California employer must pay all final wages upon an employee’s termination, it has bec...


Ethics/Professional Responsibility, Law Practice

The intersection of artificial intelligence and ethics

Jul. 20, 2018
By Heather L. Rosing, David M. Majchrzak

Artificial intelligence is being used in the legal profession in a number of ways, including helping lawyers to perform resear...


California Supreme Court, Civil Litigation

Mandatory court reporters for indigent litigants

MCLE
Jul. 20, 2018
By Jens B. Koepke

In Jameson v. Desta, the California Supreme Court has now told the superior sourts that they must provide official court repor...


Law Practice, Civil Litigation

While textbooks and practice guides are useful, there simply is no substitute for trial experience to learn the art of evaluat...


Administrative/Regulatory, Insurance, Transportation

The proliferation of these fun, mobile vehicles presents several challenges from a legal standpoint.


Criminal, Judges and Judiciary

Crime law could bury our courts

Jul. 19, 2018
By Todd A. Spitzer

Sacramento’s latest foray into reshaping our criminal justice system is an utter disaster that violates the state Constitution...


Immigration, Judges and Judiciary

What if criminal court judges answered to the prosecutor, and the prosecutor could evaluate the judges’ job performance based ...


Law Practice

If one were to take a guess as to the strongest asset class for investment, considerations such as fine art, rare wine or blue...


Labor/Employment

‘They’ are on the way: What employers should know about non-binary gender markers

Jul. 18, 2018
By Denise M. Visconti, Bennett J. Kaspar

Beginning January 2019, employers can anticipate having applicants and current employees who present identification documents ...


Labor/Employment, Civil Litigation, U.S. Supreme Court

High court delivers an Epic win to employers

Jul. 18, 2018
By Emily A. Mertes, Katherine S. Catlos

On May 21, in a landmark decision, the U.S. Supreme Court held that businesses do not violate the National Labor Relations Act...