Government, Tax
Economic tool under new tax law could spur new development
By Phil Jelsma
With a goal of fueling long-term private sector investment in low-income urban and rural communities, the Tax Cuts and Jobs Ac...
Labor/Employment, Civil Litigation, U.S. Supreme Court
Restore Federal Arbitration Act to its rightful place
By John F. Querio, Felix Shafir
The Supreme Court should reject the National Labor Relations Board’s interpretation of the FAA and ensure arbitration agreemen...
Labor/Employment, Civil Litigation, U.S. Supreme Court
Worker civil rights depend on legal action
By Jocelyn D. Larkin
A decision by the Supreme Court to allow employers to deprive employees of their statutory rights to take concerted action wil...
Constitutional Law, Education Law
What can schools do about cyberbullying?
By Gregory J. Rolen
The Founding Fathers could not possibly have anticipated bullying in cyberspace. But they did appreciate, and protected, the r...
9th U.S. Circuit Court of Appeals, Civil Litigation, Labor/Employment
Can prior pay inform a new hire's salary?
By Kathryn G. Mantoan
Learn how the 9th Circuit’s en banc opinion in Rizo v. Yovino both clarifies and complicates the question.
Administrative/Regulatory, Government, Insurance
From mudslides to molestation: a question for the Legislature
By Jaymeson Pegue
If the Legislature can move a bill like SB 917 to shore up coverage for landslides, can it also move to give more teeth to Ins...
Administrative/Regulatory, Government, Insurance
Senate Bill is bad for homeowners affected by wildfires
By Jon B. Eisenberg
Why is the insurance commissioner sponsoring a bill that would make it easier for insurance companies to shortchange homeowner...
Law Practice, Civil Litigation, Tax
Need a CPA to produce records? Here’s their rules
By Benjamin Koodrich
Even if a subpoenaing party has complied with the notice procedures, there may be other reasons that a CPA may not be able to ...
Administrative/Regulatory, Government, Transportation
Dockless scooters: fun, convenient and unregulated
By Sally Morin
Only time will tell whether scooter-share companies will have to face the regulatory music.
Alternative Dispute Resolution, Civil Litigation
Don’t let you bottom-line position become a ceiling
By Robert S. Mann
There is a time and place for revealing the bottom line, but it’s usually at the very end, not the very start of mediation or ...
California Supreme Court, Labor/Employment, Civil Litigation
Employee classification ruling might not apply to truckers
By Miles L. Kavaller
If a shipment originates out of state or out of the country and is transported into California, for example, and then from the...
Antitrust & Trade Reg., Entertainment & Sports, Civil Litigation
Festival 'radius clauses' put to test
By Delia Ramirez
Over the past few years, the festival industry has grown exponentially — and with that so too has the scope of radius clauses ...
Law Office Management, Law Practice
What to expect when leaving your firm
By Daniel O'Rielly, Dena Roche
It turns out that what may appear unlikely or uncommon is quite usual in partner departures, and some circumstances that may b...
Insurance, Civil Litigation
Don’t get ‘wipsawed’ by your liability insurer
By Dominic Nesbitt
Under a claims-made-and-reported policy, the consequences of a delay in reporting can be disastrous, namely a complete loss of...
Constitutional Law, Government, U.S. Supreme Court
Eminent domain law continues to evolve in California
By Bradford B. Kuhn
Aside from the legislative activity (or inactivity), there remains a heightened sensitivity to the use of eminent domain by pu...
California Supreme Court, Labor/Employment, Civil Litigation
Unanswered questions after employee classification ruling
By Gina M. Roccanova
The simplicity of the employee classification test recently announced by the state high court is something of a double-edged s...
Intellectual Property
Patent eligibility memo seeks to translate rulings into guidance
By Evan S. Day, Joseph P. Reid
The Patent Office recently issued a memorandum to its examiners seeking to translate the recent Federal Circuit decisions into...
Constitutional Law, Entertainment & Sports, Government, U.S. Supreme Court
The smart money is on federalism
By Jonathan Wood
Any day now, the U.S. Supreme Court will announce its long-awaited decision in a challenge to the Professional and Amateur Spo...
California Courts of Appeal, Construction, Insurance, Civil Litigation
Can an intentional act really result in an accident?
By Garret D. Murai
Here's one to check off your bucket list of ponderables: If you engage in an intentional act that results in an unintended acc...
We in the judiciary and the legal professions must inform the public how an independent judiciary is vital to our democracy.
Government, Civil Litigation, Tax, U.S. Supreme Court
Did something happen on the way to the Wayfair?
By William Gregory Turner
Maligned as it is, if not the Quill physical-presence standard, then what else?
Government, Civil Litigation, Tax, U.S. Supreme Court
Supreme Court can overturn Quill because it applied the wrong rule
By Darien Shanske
The dog that didn’t bark at oral argument was whether Quill was rightly decided as a matter of law. It was not.
Government, Civil Litigation, Tax, U.S. Supreme Court
In the beginning there was Quill, then came Bezos
By Mark R. Yohalem, C. Hunter Hayes
South Dakota has asked the Supreme Court to say what the commerce clause requires, and the court should give what it knows to ...
Bankruptcy
‘Cram-downs’ of unsecured liens in a Chapter 11 reorganization
By Stuart B. Rodgers
This article seeks to address the general mechanics of the debtor's ability to "cram-down" undersecured liens in a Chapter 11 ...
People love our stories more than they love the raw facts
Administrative/Regulatory, Government, U.S. Supreme Court
User data protection a bit CLOUDy after Microsoft case
By Zachary K. Nguyen
The Clarifying Lawful Overseas Use of Data Act was enacted into law on March 23 — after oral arguments before the Supreme Cour...
Appellate Practice, California Courts of Appeal, Civil Litigation
California Public Records Act: Who pays attorney fees and when in ‘reverse’ actions?
By Ruthann G. Ziegler
A recent appellate decision analyzed complicated issues relating to which party in a “reverse CPRA” lawsuit pays attorney fees.
Ethics/Professional Responsibility, Law Practice
Know when to withdraw
By Shari L. Klevens, Alanna G. Clair
While clients typically can fire their attorney at any time and for any reason, attorneys do not always have the same luxury.
Administrative/Regulatory, Government
State AGs seek to fill CFPB vacuum
By Jeff Tsai, Nancy Sims
In a series of announcements last week, one of the country's largest law enforcement agencies underscored its aim to fill a pe...
In truth, the electronic process is not that different from the paper process these lawyers may be accustomed to, and may even...