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Administrative/Regulatory, Corporate, Civil Litigation, Securities

Market efficiency in the world of high-frequency trading

Dec. 26, 2017
By Ex Kano S. Sams II

The recent decisions of several district courts within the 9th Circuit, however, align with the 2nd Circuit's determination th...


Corporate, Mergers & Acquisitions, Securities

New Year's Resolution: Going Public

Dec. 26, 2017
By Sara L. Terheggen

The key to success is approaching the process realistically and having the strategic foresight to be prepared for changes alon...


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

Justices should uphold DNA collection law

Dec. 22, 2017
By Jayann Sepich

People v. Buza provides an opportunity to ensure that fewer people in the state are convicted of crimes they did not commit an...


Ethics/Professional Responsibility, Law Practice

Attorneys as defendants in 2017

MCLE
Dec. 22, 2017
By Kenneth C. Feldman, Alex A. Graft

Catch up on this year's legal malpractice developments.


Ethics/Professional Responsibility, Law Practice

Tips on how to obtain ‘informed written consent’

Dec. 22, 2017
By Shari L. Klevens, Alanna G. Clair

The question of what constitutes "informed written consent" can be a complicated one, depending on the circumstances.


Administrative/Regulatory, Corporate, Government, Tax

Attorneys: Get up to speed on Tax Cuts and Jobs Act

Dec. 22, 2017
By Julia Damasco, Jude Damasco, Nicholas Sanchez

Here, we have tried to provide an early and high-level overview of federal income tax issues with which California attorneys s...


California Courts of Appeal, Civil Litigation

A Court of Appeal recently had to wade into and adjudicate what was both a literal and a figurative jurisprudential "water fig...


Civil Rights, Criminal, U.S. Supreme Court

The killing of Daniel Shaver

Dec. 21, 2017
By Melanie P. Ochoa, Adrienna Wong

Two weeks ago, body camera footage of the police killing of Daniel Shaver flooded news outlets across the country, along with ...


9th U.S. Circuit Court of Appeals, Appellate Practice, Civil Litigation, U.S. Supreme Court, Year in Review Column

Courts provide clearer attorney fees rules

Dec. 21, 2017
By Mark C. Goodman, Brandon P. Rainey

We are seeing a current trend in how attorney fees requests are being handled by federal courts, resulting in more defined rul...


9th U.S. Circuit Court of Appeals, California Courts of Appeal, California Supreme Court, Constitutional Law, Criminal, U.S. Supreme Court, Year in Review Column

9th Circuit reversed, again, on habeas review

Dec. 21, 2017
By Lawrence Waddington

The U.S. Supreme Court ended the year with yet another 9th U.S. Circuit Court of Appeals reversal. The high court overturned a...


California Courts of Appeal, Construction, Civil Litigation

A California Court of Appeal broadly interpreted what an insurer classified as an "ongoing operations" endorsement and emphasi...


Judges and Judiciary, Letters

It is with extreme rarity that I, as presiding judge of the San Francisco County Superior Court, would respond with displeasur...


Tax

Bitcoin tax tips at year end

Dec. 21, 2017
By Robert W. Wood


Down the PAGA hole: Guidance needed as claims go up

Dec. 21, 2017
By Gene F. Williams

With an ever increasing number of California employers requiring employees to sign arbitration agreements that include class a...


Ethics/Professional Responsibility

A recent decision from the Ninth Circuit highlights the problem when a judge participates in social media.


Appellate Practice, Corporate, Intellectual Property, Civil Litigation, U.S. Supreme Court, Year in Review Column

Where did all the patent trolls go?

Dec. 20, 2017
By Christian E. Mammen

For much of the last several years, the "patent troll problem" dominated trade-publication discussions of patent law. But the ...


9th U.S. Circuit Court of Appeals, Appellate Practice, California Supreme Court, Corporate, Civil Litigation, U.S. Supreme Court, Year in Review Column

Procedural rules drive class action case law

Dec. 20, 2017
By Christopher J. Lovrien, Jason C. Wright

This past year both plaintiffs and defendants had something to celebrate.


Corporate, Entertainment & Sports, Intellectual Property, Civil Litigation, Year in Review Column

Trademarks, free speech and cannabis

Dec. 20, 2017
By Jane Shay Wald

In 2017, the Supreme Court ruled for the first time that the First Amendment precluded the Patent Office from refusing regist...


Administrative/Regulatory, Corporate, Government, Labor/Employment, Year in Review Column

Predictive scheduling laws are spreading

Dec. 20, 2017
By Gary M. McLaughlin, Stephanie P. Priel

Laws combatting unpredictable scheduling practices may be the next wave of wage and hour regulation.


Corporate, Government, Tax

The Senate passed the Republican tax reform bill, the Tax Cuts and Jobs Act, early Wednesday morning. The House is expected to...


Administrative/Regulatory, Government

Return of the light-touch ISP regulation

Dec. 19, 2017
By Bennett L. Ross

Late Friday the legislative branch released its conference tax reform bill, The Tax Cuts and Jobs Act, for which voting is set...


Administrative/Regulatory, Corporate, Government, Administrative/Regulatory, Corporate, Government

Chairman Grinch delivers princely gift to ISPs

Dec. 19, 2017
By Anita Taff-Rice

Ajit Pai, chairman of the Federal Communications Commission, may come to be known as Chairman "the Grinch" Pai for leading the...


Administrative/Regulatory, Corporate, Government, Tax

Tax Cuts and Jobs Act appears poised to become law

Dec. 19, 2017
By Megan Lisa Jones

Late Friday the legislative branch released its conference tax reform bill, The Tax Cuts and Jobs Act, for which voting is set...


Family, Government, Tax

A little publicized provision in the proposed tax bill will dramatically affect many divorced or divorcing couples.


Law Practice, Civil Litigation

Substituting out when your client is a minor

Dec. 19, 2017
By Thomas E. Wall

When the client is a minor, the rules are very different and may even cause one to be unable to be relieved from representation.


Appellate Practice, Law Practice

Do I make myself clear?

Dec. 18, 2017
By Myron Moskovitz

We lawyers spend a good chunk of our waking hours writing stuff. We write briefs, letters, emails -- you name it. So it's wort...


California Supreme Court, Constitutional Law, Criminal, Ethics/Professional Responsibility, Civil Litigation, U.S. Supreme Court

Batson/Wheeler objections to peremptory challenges

MCLE
Dec. 18, 2017
By Gregory L. Prickett

The objective of this article and self-study test is to review the law regarding objections to the use of peremptory challenge...


California Courts of Appeal, Contracts, Entertainment & Sports, Civil Litigation

The 2nd District Court of Appeal ruled earlier this year that profit participants could not rely on the discovery rule to brin...


Appellate Practice, California Courts of Appeal, Contracts, Ethics/Professional Responsibility

Beware boilerplate settlement agreement language

Dec. 18, 2017
By Carey L. Cooper

A cautionary tale on the perils of "plugging in" those standard settlement terms when more careful drafting is warranted.


Education Law, Constitutional Law, Government

Controversial campus speakers and the law

Dec. 18, 2017
By Karen A. Feld

This year has seen different responses on college campuses with regard to controversial speakers.