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Civil Rights, Contracts, Family, Health Care & Hospital Law

Parental right to embryo law goes too far

May 4, 2018
By Judith Daar, Michele Goodwin

Policing reproduction recently took a frightening turn in Arizona where lawmakers have intervened in disputes involving cryopr...


Criminal, Civil Litigation

Nonconsensual pornography, case-by-case

May 4, 2018
By Christina Gagnier

An exploration of recent nonconsensual pornography cases reveals hurdles victims and advocates face in fighting back against t...


Law Practice, Civil Litigation

Code of Practice for e-Discovery

May 4, 2018
By Julia Brickell

A recently issued protocol has gone relatively unnoticed, but litigators should add the ISO’s suggested practices to their tec...


Law Office Management, Law Practice

The new frontier of innovation: How will law firms fare?

May 3, 2018
By Linda Pfatteicher, Stephen J. Goldstein

When we begin to think about how to maintain a thriving legal practice that is being outpaced by artificial intelligence, auto...


Government, Tax, U.S. Supreme Court

Justice should keep use tax precedent

May 3, 2018
By Clark Calhoun

For numerous reasons, the court should affirm the physical presence rule of Quill and allow Congress to decide what new stand...


Contracts, Law Practice

Businesses across the world are bracing for the impact of the new European Union data-protection regulation, known as the GDPR...


Civil Rights, Labor/Employment

There are far too many examples of failed apologies and non-apologies, one response showcases just how removed from reality ma...


Judges and Judiciary, Letters

Oppose efforts to politicize the bench

May 3, 2018
By Otis McGee Jr.

A core value of the American College of Trial Lawyers is to support and seek to preserve and protect the independence of the j...


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

What law controls when a California worker works outside California?

May 2, 2018
By Brian S. Kabateck, Cheryl A. Kenner

California has a strong public policy of protecting its workers. And it’s even possible that California’s wage and hour laws m...


Administrative/Regulatory, Environmental & Energy, Government

Can California stop the Trump administration from unloading federal lands?


Environmental & Energy, Insurance, Civil Litigation

On April 17, the city of Boulder, Colorado, sued Suncor and ExxonMobil for damages suffered to persons and property as a resul...


Constitutional Law, Tax

Plenty of problems arise in the course of audits. What if the IRS asks you questions you are afraid to answer?


9th U.S. Circuit Court of Appeals, Criminal, U.S. Supreme Court

9th continues to ignore US high court on habeas review

May 2, 2018
By Lawrence Waddington

The 9th Circuit, having concluded the year 2017 with its usual record of U.S. Supreme Court reversals, opened the new year wit...


Appellate Practice, Judges and Judiciary, Law Practice, U.S. Supreme Court

Calling judicial bullshi*t

May 1, 2018
By Adam Kolber

The theater of the courtroom doesn't lie about judging but it creates an impression that may or may not reflect the truth. Sim...


Constitutional Law, Constitutional Law, Immigration, U.S. Supreme Court, Immigration, U.S. Supreme Court

Common ground on travel ban?

May 1, 2018
By Joseph F. Tartakovsky

It looks like the Trump administration has five votes after oral arguments, though there was more common ground than expected.


9th U.S. Circuit Court of Appeals, Appellate Practice, California Supreme Court, Civil Litigation

Mooting mootness

MCLE
May 1, 2018
By Benjamin G. Shatz

You guessed it: There are exceptions to the familiar justiciability doctrine of mootness.


Civil Litigation, Constitutional Law, International Law, U.S. Supreme Court

Narrowing the judicial role in international law

May 1, 2018
By Kristin A. Linsley

The Supreme Court’s holding that foreign corporations cannot be sued in U.S. courts for international-law violations absent au...


Law Practice

Women in the West Wing: Q&A with Kathryn Ruemmler

May 1, 2018
By Dawn L. Haghighi

Moderator Dawn Haghighi shares what’s in store for the keynote fireside chat with Kathryn Ruemmler, White House counsel in the...


Corporate

Algorithmic entities

Apr. 30, 2018
By Lynn M. LoPucki

The consensus among legal scholars is that anyone can put an algorithm — an artificial intelligence — in control of an artific...


Criminal, Government

What does it mean to be the district attorney?

Apr. 30, 2018
By Michael Ogul

Having a duty to prosecute? To enforce laws? But prosecute who? What laws to enforce? It’s all about priorities.


Civil Litigation

Private attorney general attorney fees

MCLE
Apr. 30, 2018
By Matthew Ross

Learn about the standards for recovery of fees as well as standards for appellate review of fees.


Labor/Employment, Law Practice, Civil Litigation

What is the gig economy, you say? Everything, I say

Apr. 30, 2018
By David J. Byassee

The so-called "gig economy" embodies the rapidly growing on-demand workforce of freelance workers in every job sector.


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

After equal pay ruling, employers should review practices

Apr. 30, 2018
By Gary M. McLaughlin, Galit A. Knotz

Only job related factors can legally influence a disparity in pay between male and female employees. An employee’s prior salar...


Family

Child custody: Does the child get a say?

Apr. 30, 2018
By Marina Manoukian

The most important issue in a child custody case is simple: What is in the best interests of the child.


Labor/Employment, Law Practice, Letters

Unfortunately, non-English speaking injured workers get less than substantial justice in the state workers’ compensation courts.


Criminal, Law Practice

Delay affects each person who is subject to serial continuances awaiting disposition. It is tragic. It is costly to parties, t...


Judges and Judiciary, Letters

System needs judges who understand bias

Apr. 27, 2018
By Kwixuan H. Maloof

It is disappointing that the Judicial Council of the CABL does not recognize the significance of four experienced public defen...


California Courts of Appeal, Family, Civil Litigation

A tsunami is coming to family law

Apr. 27, 2018
By Claudia Ribet, Karen Silver

A recent decision will likely instigate a sea change regarding how family law trials and motions are litigated.


Tax

Death, taxes and the attorney-client privilege

Apr. 27, 2018
By Robert W. Wood

Attorney-client privilege is strong so clients will be forthcoming. But when it comes to taxes, lawyers and accountants are no...


Corporate, Government, Tax

In light of the recent tax overhaul, setting up a cooperative — mistakenly perceived to be the domain of farmers and workers’ ...