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Criminal, Civil Litigation, Education Law

If you are a lawyer taking a Title IX case, even if the facts are clearly in favor of the victim or the suspect, it may be a l...


Constitutional Law, Criminal, U.S. Supreme Court

A duty to de-escalate

Apr. 12, 2018
By Adrienna Wong

It’s time for a new standard: Police should be legally required to de-escalate or use alternatives to deadly force whenever po...


Entertainment & Sports, Intellectual Property

Artists are already using the technology to allow consumers to directly purchase and download music.


Tax

Should you report 1031 exchanges of bitcoin?

Apr. 12, 2018
By Robert W. Wood

You might still think that the biggest tax debate about bitcoin and other cryptocurrency is about whether you should or should...


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

Qualified immunity has gone too far

Apr. 11, 2018
By Robert L. Bastian Jr.

A recent ruling is only the latest accretion in the U.S. Supreme Court’s application of legal doctrine entirely unhinged from ...


Administrative/Regulatory, Civil Litigation

Companies get some relief in automatic dialing system ruling

Apr. 11, 2018
By Michael L. Mallow, Rachel A. Straus

A recent ruling rolled back the FCC’s broad definition of “automatic dialing system” under the Telephone Consumer Protection Act.


Intellectual Property, Civil Litigation

Courts are grappling with claims that comprise an innovative method performed within an ordinary computer that does not improv...


Real Estate/Development, Civil Litigation

Courts favor tenants on emotional support animals

Apr. 11, 2018
By Michael J. Rubino

The number and variety of emotional support animals seem to expand yearly. Also expanding is the amount of litigation involvin...


Intellectual Property, Labor/Employment

Don’t let trade secrets walk out the door with departing employees

Apr. 11, 2018
By Travis J. Anderson, Paul S. Cowie

There are important steps that can be taken to both mitigate the harm and prevent future problems when an employee with access...


Appellate Practice, California Courts of Appeal, Construction, Civil Litigation

A win for broad indemnity (and defense) provisions

Apr. 10, 2018
By Garret D. Murai

While parties generally understand the intent behind indemnity provisions, few understand how they are actually applied.


Constitutional Law, Immigration, U.S. Supreme Court

The U.S. Supreme Court will first review an act of President Donald Trump’s leadership on April 25 in Trump v. Hawaii.


Government, Health Care & Hospital Law

California needs more proactive leadership on youth mental health

Apr. 9, 2018
By Patrick H. Gardner, Nisha S. Ajmani

Lawsuits should not be the first recourse to sound mental health policy and effective programs.


Books, Law Practice

A casual shift from economist to philosopher

Apr. 9, 2018
By Corbin K. Barthold

Corbin Barthold reviews Steve Pinker’s latest book, “Enlightenment Now: The Case for Reason, Science, Humanism, and Progress.”


Administrative/Regulatory, Government

FDA issues first-of-its-kind recall

Apr. 9, 2018
By Pooja S. Nair

Last week, the Food and Drug Administration exercised its mandatory recall authority under the Food Safety Modernization Act f...


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

Ruling addresses when a third-party acts as ERISA fiduciary

Apr. 6, 2018
By Robert J. McKennon, Stephanie L. Talavera

The 9th Circuit outlined the role that employers and others play as fiduciaries under ERISA, in order “to ensure that employee...


Administrative/Regulatory, Government, Civil Litigation

Coastal Commission says no to Airbnb ban?

Apr. 6, 2018
By Jeremy B. Talcott

The commission was so preoccupied with whether or not it could regulate short-term rentals, it didn't stop to think if it should.


Civil Litigation, Ethics/Professional Responsibility, Law Practice

Ethical risks when an attorney takes the stand

Apr. 6, 2018
By Shari L. Klevens, Alanna G. Clair

An attorney who is called to serve as a witness in an action faces unique risks -- even one who has questioned hundreds of wit...


Alternative Dispute Resolution, Family

The role of the law in divorce mediation

Apr. 6, 2018
By Franklin R. Garfield

While the parties may decide to resolve one or more issues based on their feelings or notions of fairness or other personal co...


California Courts of Appeal, Entertainment & Sports, Intellectual Property, Civil Litigation

From the Three Stooges to Olivia de Havilland

Apr. 6, 2018
By Rebecca Tushnet

Fortunately, the Court of Appeal recently rejected the famed actress' right of publicity case, but its own reasoning hardly cl...


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

Notwithstanding some unfortunate language in prior cases, there really is not any such burden-shifting doctrine associated wit...


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

Be cautious in response to service advisor ruling

Apr. 5, 2018
By Arthur F. Silbergeld

Dealers in California should think twice before assuming the Supreme Court's ruling in the final word.


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

In the long run, only Congress and the president can resolve the underlying issue: the extent to which the United States will ...


Administrative/Regulatory, Corporate, Tax

A corporation may pay a penalty and receive forgiveness for entering into contracts that otherwise would be voidable -- but it...


Civil Rights, Contracts, Entertainment & Sports

Inclusion riders: Cause of the day or here to stay?

Apr. 5, 2018
By Glen A. Rothstein

Like many things, the issue will come down to negotiation power, leverage, fear of negative publicity and loss of potential re...


Administrative/Regulatory, Constitutional Law, Government, International Law

CLOUD Act is an about-face on constitutional rights

Apr. 5, 2018
By Camille Fischer

On March 23, President Donald Trump signed a law that could undo the very protections for privacy and autonomy that American c...


Administrative/Regulatory, Government, Judges and Judiciary, Law Practice

Unless we bring our systems for making rules and regulations into the 21st century, we can’t expect to effectively respond to ...


Administrative/Regulatory, Government, Tax

One of the most difficult and unexpected provisions of the newly enacted Tax Cut and Jobs Act is the three-year holding period...


Constitutional Law

We should demand that the federal government quit providing grants to school districts for not reporting criminal activity of ...


Judges and Judiciary, Law Practice

LA lawyers: Meet the Spring Street Courthouse

Apr. 4, 2018
By Paul R. Kiesel

On April 16, the Los Angeles courthouse previously known as Central Civil West is moving to a new, but distinctly old, venue.


Administrative/Regulatory, Government, Tax

If you are committed to filing your return on time, consider how likely your return is to be audited, and whether there is any...