Administrative/Regulatory, Government
Combined cannabis rules simplify things for cities
By Nicole Howell Neubert
The state of California's release of emergency medical and adult-use cannabis regulations last month was a true turning point ...
Appellate Practice, California Supreme Court, Entertainment & Sports, Intellectual Property, Civil Litigation
Hey Joe, you going to pay for that public performance?
By Matthew B. Becker
The California Supreme Court will soon decide whether a public performance right exists within state law for sound recordings ...
Family, Government, Labor/Employment
Surrogacy solicitation in Congress adds new wrinkle
By Judith Daar
Rep. Trent Franks (R-Ariz.) reportedly asked two female staffers to serve as gestational carriers -- and his resignation has l...
9th U.S. Circuit Court of Appeals, Appellate Practice, California Supreme Court, Civil Litigation
Damages by any other name: UCL ‘restitution’ models
By Kirsten Hicks Spira, Wesley M. Griffith
Two district courts recently reexamined what types of recovery models are permissible under California's Unfair Competition La...
California Supreme Court, Constitutional Law, Labor/Employment, U.S. Supreme Court
Argicultural labor relations case may go to high court
By Luke A. Wake
Is it even constitutional for government to force a business (or anyone) into a contract where there is no actual agreement?
Appellate Practice, California Supreme Court, Civil Litigation
Error in failing to issue statement of decision not reversible per se
By Wendy Lascher
The California Supreme Court was recently asked: "Is a trial court's error in failing to issue a statement of decision upon a ...
Administrative/Regulatory, Government, Tax
IRS is hunting bitcoin via Coinbase, but is amnesty coming?
By Robert W. Wood
Don't get excited or fearful just yet. The IRS has not yet announced a tax amnesty for people who failed to report their gains...
Administrative/Regulatory, Constitutional Law, Government, U.S. Supreme Court
Everything that's not forbidden is allowed
By David DeGroot
In a speech at the Federalist Society's annual dinner on Nov. 16, Justice Neil Gorsuch introduced a term previously unknown to...
Administrative/Regulatory, Ethics/Professional Responsibility, Law Practice
Count 1: Practicing law without a license
By Ralph Barat Saltsman, Stephen Warren Solomon
It took until autumn 2017 for the California attorney general to recognize that only a licensed attorney can lawfully represen...
9th U.S. Circuit Court of Appeals, Corporate, Government, Civil Litigation
Reach of FCA's 'government-action bar' expanded
By Thomas P. O'Brien, Daniel Prince
The appellate court held that the False Claims Act provision barred an alleged whistleblower's "me too" lawsuit because it was...
Alternative Dispute Resolution, Law Practice, Civil Litigation
The Litactional Lawyer
By Robert S. Mann
What transactional lawyers can teach litigators about settlements.
Law Office Management, Law Practice
Law firm worst-case scenarios for partner departures
By Daniel O'Rielly, Dena Roche
Law firms reacting to partner or group departures should plan ahead to avoid the potential negative effects of partner departu...
Ethics/Professional Responsibility, Law Practice
Tips for avoiding common risks in the holiday season
By Shari L. Klevens, Alanna G. Clair
While the holiday season is of course a time for celebration, it unfortunately can also be a stressful time for attorneys.
Real Estate/Development
Residential Solar Rights
California is a leader in promoting alternative energy sources, including the use of solar power in connection with residences...
Artificial intelligence promises to disrupt everything, and security may be the first sector where AI delivers on this promise.
Administrative/Regulatory, Antitrust & Trade Reg., Corporate, Government, International Law, Mergers & Acquisitions, Year in Review Column
US-China M&A in the protectionist-in-chief era
By Kai Wang
During his presidential campaign, Donald Trump made no secret of his belief China has gotten the better of the United States i...
Corporate, Intellectual Property, Civil Litigation, Year in Review Column
Trade secrets and computer fraud claims persist
By Brent Caslin, Eugene Lim
Headlines across the U.S. regularly reported allegations of theft by tech executives, while computer hacking stories became al...
Civil Rights, Constitutional Law, Corporate, U.S. Supreme Court
Expect justices to overrule double-standard policy
By William J. Becker Jr.
The Supreme Court can be expected to overrule the Colorado Civil Rights Commission's policy favoring sexual orientation over ...
Civil Rights, Constitutional Law, Corporate, U.S. Supreme Court
Cake arguments show that it’s still the Kennedy court
By Erwin Chemerinsky
Ninety minutes of oral argument reaffirmed what everyone thought before the case was argued: It all depends on Justice Anthony...
California Supreme Court, Constitutional Law, Labor/Employment
Court set incredibly easy standard in agricultural labor dispute case
By Damien M. Schiff
The California Supreme Court unanimously upheld the constitutionality of California's "mandatory mediation and conciliation" p...
Corporate, Intellectual Property, Securities
Startup diligence is more than ‘basic IP diligence’
By Desmond P. O'Sullivan
Wise investors closely scrutinize the IP of their targets by doing basic IP diligence. But doing only basic diligence can leav...
Appellate Practice, California Courts of Appeal, Letters, Civil Litigation
Simple remedy left out of column
By Louis A. Lipofsky
Steven Kruis' article bringing to our attention a recent opinion dealing with the enforcement of settlement agreements is help...
Administrative/Regulatory, California Supreme Court, Government, U.S. Supreme Court, Real Estate/Development
State Legislature cannot repeal the laws of supply and demand
By Gideon Kanner
The latest batch of legislation is advertised as a solution to our housing crisis; it imposes new taxes on real estate transac...
Civil Rights, Constitutional Law, U.S. Supreme Court
Cake goes to court
By Julie A. Werner-Simon
As fires consumed the outskirts of the Los Angeles basin fueled by strong Santa Anas, religious fervor heated up Tuesday morni...
Appellate Practice, California Supreme Court, Civil Litigation, Year in Review Column
Anti-SLAPP statute turns 25 with a bang
By Michael J. Shipley
This year saw three decisions by the California Supreme Court regarding the quarter-century-old law.
Like fly fishing, appellate work is best performed in a state of quiet contemplation.
Law Practice, Civil Litigation, Year in Review Column
Litigation finance continued to pick up steam this year
By Brett McDonald
At its current rate of growth, 48 percent of firms in the U.S. could use litigation finance in 2018.
Corporate, Transportation
Will Tesla make the turn towards profitability?
By Jonathan A. Michaels
Last month, Bob Lutz, former vice chairman of General Motors, issued a harsh criticism of Tesla, stating that its fixed costs ...
Civil Rights, Constitutional Law, Judges and Judiciary, U.S. Supreme Court
Fighting housing discrimination in Orange County
By Thomas A. Delaney
In 1962, Dorothy and Lincoln Mulkey were living and working in Santa Ana in pursuit of the American Dream.
His extraordinary legal career and life in the service of others reflected the great courage with which he served as a United ...