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Alternative Dispute Resolution, Corporate

Hacked? Don’t waste time pointing fingers

Jan. 24, 2018
By Daniel B. Garrie, Michael Mann

Cybersecurity attacks, data breaches and hackings can be devastating and demoralizing to a company, leaving it with a difficul...


Corporate, Civil Litigation, Mergers & Acquisitions, Securities

Is it the end of deal litigation as we know it?

Jan. 23, 2018
By Amy S. Park, Claire A. McCormack

The SEC’s recent Compliance and Disclosure Interpretation regarding Regulation G should bring an end to one popular claim tha...


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

Justices will consider a broad range of securities issues this term

Jan. 23, 2018
By Alex G. Romain, Jenna G. Williams

These cases deal with the statutory interpretation of the Dodd-Frank Act and its whistleblower protections, the jurisdictional...


States are trying to bring back net neutrality

Jan. 23, 2018
By Anita Taff-Rice

In the wake of the FCC's decision to remove net neutrality rules, some state legislatures, including California's, have stated...


California Courts of Appeal, Insurance

In 2017, California appellate courts issued several insurance-related decisions. Three are of particular significance.


Corporate, Tax

Under the Tax Cuts and Job Act enacted last month, the ability to make miscellaneous itemized deductions -- including for mana...


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

SEC ALJs and the accumulation of power

Jan. 22, 2018
By Oliver J. Dunford

The U.S. Supreme Court will decide whether the Securities and Exchange Commission's use of administrative law judges violates ...


Administrative/Regulatory, Corporate, Government, Securities

Cryptocurrency actions signal new trend at SEC

Jan. 22, 2018
By Kenneth Herzinger, Rob Stern

The Securities and Exchange Commission’s recent initial coin offering enforcement actions signal a new trend in securities enf...


California Courts of Appeal, California Supreme Court, Government, Labor/Employment

Since a pension dispute in Alameda has been remanded back to the trial court for further consideration, we are in for a longer...


California Courts of Appeal, Corporate, Civil Litigation, Securities

Ruling in Apple case provides shareholder litigation guidance

Jan. 22, 2018
By Richard S. Horvath Jr.

The decision gave derivative lawsuit guidance involving review demand futility claims, the Braddock rule, and the applicabilit...


Appellate Practice, California Courts of Appeal, Civil Litigation

Lawyers who try to game the system by appealing a frivolous anti-SLAPP motion may succeed in causing their opponent undue cost...


Appellate Practice, Law Practice, Civil Litigation

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


Corporate, Tax

‘To C or not to C?’ is the question under new tax law

Jan. 22, 2018
By Bruce Givner, Owen Kaye

The most striking aspect of the new tax law is the corporate tax rate reduction to 21 percent. What does this mean for us and ...


Criminal, Tax

Consider a backdoor route to bitcoin IRS amnesty

Jan. 22, 2018
By Robert W. Wood

Amnesty seems overdue. Even government officials have mentioned the idea of an IRS tax amnesty. There’s a good deal of tax cle...


9th U.S. Circuit Court of Appeals, Constitutional Law, Government, Immigration, U.S. Supreme Court

DACA decision won’t hold up

Jan. 19, 2018
By Mitchell Keiter

Unfortunately, cynics who insist judges are just political actors with robes now have their "exhibit A": Judge William Alsup's...


Administrative/Regulatory, Government, Labor/Employment, Civil Litigation

PAGA priorities should become clearer in 2018

Jan. 19, 2018
By Jeffrey C. Bils

California is setting priorities for its role in monitoring the resolution of claims under the 14-year-old Private Attorneys G...


The current investigation by the Los Angeles County district attorney into Sheriff's Department files on officers with a recor...


Alternative Dispute Resolution, State Bar & Bar Associations, Ethics/Professional Responsibility, Law Practice, Civil Litigation

Mediation confidentiality changes on the horizon

Jan. 19, 2018
By A. Marco Turk

A new day could be dawning in California for mediation confidentiality. The state's Law Revision Commission, after express aut...


Criminal, Government, Military Law

Command influence tainted Bergdahl case

Jan. 19, 2018
By William W. Bruzzo

Is a man who did not bother to learn the facts of the case, and who deferred the draft five times and never served, in a posit...


International Law, Civil Litigation

Best practices for early patent damages contentions in ND Cal

Jan. 19, 2018
By Jed Greene, Scott Spertzel

The Northern District of California revised its local patent rules last year, requiring the patent holder to provide early dam...


Ethics/Professional Responsibility, Law Practice

Lawyers shouldn’t let themselves drown in emails

Jan. 19, 2018
By Shari L. Klevens, Alanna G. Clair

While email is often used to send important information and documents, it is by no means a foolproof method of communication f...


Law Office Management, Law Practice

Resolution: Dust off the partnership agreement

Jan. 19, 2018
By Daniel O'Rielly, Dena Roche

Since it's the new year, it's a good time to tackle those things you been meaning to do, but never do. Clean the closets. Exer...


Real Estate/Development, Construction, Civil Litigation

An unfortunate trend developing in California is a tendency to mete out justice based on who or what you are, rather than base...


Law Practice

We all have many benefits by living in this great country, but as citizens we also have some obligations. One is for each of u...


Constitutional Law, Criminal, Letters, U.S. Supreme Court

Silk Road column has fatal flaw

Jan. 19, 2018
By Richard A. Nixon

A Jan. 10 article by attorney Tor Ekeland, "Searches, seizures and the Silk Road," advocates for updating the Fourth Amendment...


Tax

Whenever you disagree with the IRS, procedure is important. Pay attention to the order in which notices arrive, and to the spe...


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

Justices weigh overtime rules

Jan. 18, 2018
By Christian J. Scali, Jennifer Woo Burns

On Wednesday, the nation's highest court heard oral argument in a case which may send a broader signal as to whether the Trump...


Administrative/Regulatory, Environmental & Energy, Government

Environmental court battles take a backseat

Jan. 18, 2018
By R. Morgan Gilhuly, David M. Metres

There was no shortage of litigation, but it was climate change and policy shifts and climate change that made the biggest impact.


Administrative/Regulatory, Constitutional Law, U.S. Supreme Court

Pregnancy clinic case should be easy decision

Jan. 18, 2018
By Erwin Chemerinsky

In a term filled with difficult cases, National Institute of Family and Life Advocates v. Bacerra should be easy for the U.S. ...


California Courts of Appeal, California Supreme Court, Government, Labor/Employment

Nothing less than the future of public pensions at stake

Jan. 18, 2018
By Jorge J. Luna, Joshua E. Morrison

In order to save California's public pension systems, the California Supreme Court may ultimately need to allow lower courts t...