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Appellate Practice, California Courts of Appeal, California Supreme Court, Judges and Judiciary

Citing the uncitable

MCLE
Jun. 6, 2018
By Benjamin G. Shatz

Lawyers can’t cite unpublished appellate opinions, except...


Constitutional Law, Criminal, U.S. Supreme Court

The recent case of McCoy v. Louisiana asked the Supreme Court whether an admission of guilt by counsel, made as for tactical r...


Criminal

In my experience, the use of “package deals” is the default position of most county district attorney’s offices in California ...


Administrative/Regulatory, Native Americans

Cannabis regulation and tribal sovereignty: Why not both in California?

Jun. 6, 2018
By Blaine I. Green, Kevin J. Ashe

California’s Bureau of Cannabis Control force upon tribes a Hobson’s choice: waive sovereignty in order to participate in the ...


California Supreme Court, Insurance, Civil Litigation

Broad high court ruling is a win for insureds

Jun. 5, 2018
By Kirk A. Pasich

The state high court issued a decision on Monday that examines what “occurrence” means in a commercial general liability policy.


Civil Rights, Constitutional Law, U.S. Supreme Court

Kennedy cuts a narrow slice of cake

Jun. 5, 2018
By Julie A. Werner-Simon

Just in time for June nuptials, the U.S. Supreme Court on Monday issued the long-awaited decision in Masterpiece Cakeshop.


Constitutional Law, Government

The president’s power to keep Congress at work

Jun. 5, 2018
By John C. Eastman

Nearly a year and a half in to his first term as president, the Senate still has not acted on more than 100 of Donald Trump’s ...


Administrative/Regulatory

California’s latest effort to accommodate marijuana at work

Jun. 5, 2018
By Jason A. Geller, Juan C. Araneda

Assembly Bill 2069 is the latest legislative effort to provide protections to employees who are medical marijuana cardholders.


Constitutional Law, Entertainment & Sports

These players were not raising a middle finger or burning the flag. Kneeling is something we do in Church. Yet, somehow, kneel...


A frivolous appeal

Jun. 4, 2018
By Myron Moskovitz, Christopher D. Hu

Occasionally — but rarely — an appeal is so weak that the appellate court that the court deems it “frivolous.” Even rarer is a...


California Courts of Appeal, Labor/Employment, Civil Litigation

Had the Court of Appeal considered all of the comments contained within the legislative history in full context, it should hav...


It remains to be seen whether a man like Harvey Weinstein can get a fair trial at all.


A proposed law to address police use of force would undermine both civil rights and public safety.


Judges and Judiciary

Emotion tempered by reason

Jun. 4, 2018
By Arthur Gilbert

Good luck to the worthy judicial officers who deserve your vote tomorrow.


Labor/Employment

What happens when collective bargaining agreements expire?

MCLE
Jun. 4, 2018
By Alan S. Levins, Luis Arias

Most business contracts end after the parties have performed their duties, or on the stated expiration date. Collective bargai...


Administrative/Regulatory, Entertainment & Sports

Why the repeal of net neutrality is a terrible idea

Jun. 1, 2018
By James E. McMillan

The recent decision of the FCC imperils much more than the music industry.


Ethics/Professional Responsibility, Law Practice, State Bar & Bar Associations

How suspension affects a lawyer’s career longevity

Jun. 1, 2018
By Kris Coombs, Hunter Holland

We set out to examine, among other things, if and how discipline affects attorney career longevity, if there are lasting effec...


Administrative/Regulatory, Civil Rights, Law Practice

Fake service animals hurt us all, and laws are trying to stop them

Jun. 1, 2018
By Kate Fitzpatrick, Bruce Wagman

These laws recognize the special value of companion animals, and the vital assistance they provide to the disabled, but will t...


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

New rules and ruling may give patent owners new tools

Jun. 1, 2018
By Anton N. Handal, Todd J. Langford

Patent owners may have finally caught a break with the U.S. Patent and Trademark Office’s recent rules announcement that would...


California Supreme Court, Labor/Employment, Civil Litigation

California’s gig economy ERISA aftershock

Jun. 1, 2018
By Jim P. Baker

The California Supreme Court made a sweeping change to California’s gig economy in Dynamex Operations West v. Superior Court.


Government, Judges and Judiciary

Keep politics out of it on Tuesday

May 31, 2018
By Stuart M. Rice

A fair and impartial judiciary is a cornerstone of our democracy. Yet, throughout our state, keeping the courts free from the ...


Civil Litigation

Simple, fail to allege any facts let alone material facts in the expert declaration that would allow the court to determine w...


Law Practice

Here is my advice to the grand poo-bahs who run Starbucks: Treat everybody alike and prioritize comfort and convenience.


Antitrust & Trade Reg., Construction, Government, International Law

As steel tariffs come into play, contractors should review contracts

May 31, 2018
By Nathan Cohen, Alex Baghdassarian

Trump exercised his discretion in granting temporary exemptions to Canada, Mexico, South Korea, Argentina, Australia, Brazil a...


Constitutional Law, U.S. Supreme Court

Takings law outside of California

May 30, 2018
By Michael M. Berger

One might ask what happens in other parts of the country when similar precepts are brought forth in litigation. Here is a rece...


Administrative/Regulatory, Government

Citizen pathway for raising drug approval concerns gone astray

May 30, 2018
By Robin Feldman, Prianka Misra

FDA citizen petition abuse is an instrumental anti-competitive tool that pharmaceutical companies use to delay market entry of...


Family, Health Care & Hospital Law

A library for legal disputes over child vaccination

May 30, 2018
By Dorit Reiss, Stanley A. Plotkin

What happens when parents are split on whether to vaccinate a child?


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

A tale of three presumptions in trademark cases

May 29, 2018
By Brian M. Wheeler

The legal presumption of irreparable harm in Lanham Act cases may have been retired, but a 9th Circuit case suggests the logic...


California Supreme Court, Civil Rights, Labor/Employment

Counseling employers on wage matters after Alvarado v. Dart Container

May 29, 2018
By Arthur F. Silbergeld, Tristan R. Kirk

Numerous articles have been have focused on the correct method of computation when a flat-sum bonus is paid and the retroactiv...


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

A recent 9th Circuit decision aptly illustrates the uncertain future of California’s anti-SLAPP statute in federal cases.