Administrative/Regulatory, Government, Labor/Employment
Law requires additional sexual harassment training by employers
By Chris Micheli
Gov. Jerry Brown recently signed Senate Bill 396 to address employment issues regarding gender identity, gender expression and...
Appellate Practice, California Courts of Appeal, Civil Litigation
Anti-SLAPP in the probate world
By Alana H. Rotter
Probate litigation is booming, with more than 44,000 new cases filed in California last year. So it is no surprise that anti-S...
California Courts of Appeal, Constitutional Law, U.S. Supreme Court
Keep your options open
By Michael M. Berger
I often quote to my students the wisdom of famous legal philosopher Yogi Berra: "When you come to the fork in the road, take i...
Tax, Real Estate/Development
Sell property, minimize taxes, but pay attention to the rules
By Robert W. Wood
You may never sell your personal residence, or other property. But if you do, odds are you'll have taxes to pay. With a person...
Gov. Jerry Brown signed Senate Bill 313 to deal with automatic renewals and continuous service offers.
Corporate, Mergers & Acquisitions, Securities
Weighing the IPO decision
By Sara L. Terheggen
It would not surprise anyone to learn that more companies are staying private longer. While 2017 has seen an uptick in the num...
Construction, Corporate, Labor/Employment
New law makes original contractor liable for worker wages
By Chris Micheli
Gov. Jerry Brown recently signed Assembly Bill 1701 to address labor wage liabilities owed by subcontractors.
Entertainment & Sports, Intellectual Property
Death of music rumors are greatly exaggerated
By Bernard A. Burk
There are millions of registered musical works original enough for copyright.. Some were undoubtedly written by the very same ...
Appellate Practice, Constitutional Law, U.S. Supreme Court
The case no one is talking about
By Ben Feuer
When the Supreme Court hears Patchak v. Zinke early next month, it will address one of the trickiest tensions in the Constitut...
Judges and Judiciary
Improving discovery dispute resolution in California state courts
By Charles Stevens Crandall, Jeffrey Y. Hamilton Jr.
Discovery disputes rarely involve difficult questions of law. Many involve nothing more than intractable positions maintained ...
California Courts of Appeal, California Supreme Court, Civil Litigation
Can the internet provide reliable case-specific facts?
By Thomas A. Delaney
The shockwaves from the unanimous California Supreme Court decision People v. Sanchez, 63 Cal. 4th 665 (2016), continue to rev...
Criminal, Law Practice
Criminal defense lawyer conference isn’t what it used to be
By Richard A. Hamar
The National Association of Criminal Defense Lawyers has been the self-described "preeminent" criminal defense organization fo...
Constitutional Law, Letters, U.S. Supreme Court
The usual gun advocate apologia
By Nathaniel J. Friedman
Donald Kilmer's cri de coeur, "Second Amendment is not a second-class right," (Oct. 17, 2017) is the usual apologia of the gun...
Alternative Dispute Resolution, Judges and Judiciary, Law Practice, Civil Litigation
We all agree on mediation confidentially
By A. Marco Turk
This is rare: Both the organized plaintiffs' bar and the organized defense bar believe our current right to choose confidentia...
Administrative/Regulatory, Corporate, Environmental & Energy, Civil Litigation
New law makes modest changes to Proposition 65
By Chris Micheli
The bill requires the attorney general to provide written notification that he or she does not believe there is merit to an en...
Ethics/Professional Responsibility, Law Practice
Alternative fee arrangements and ethics
By Shari L. Klevens, Alanna G. Clair
One thing to keep in mind with regard to an alternative fee arrangement is to make sure everyone is talking about the same thi...
Alternative Dispute Resolution, Civil Litigation
The Arc of Mediation
By Douglas G. Carnahan
Mediations -- successful ones anyway -- follow an "arc," or script of their own, and an understanding of the "mediation arc" i...
California Supreme Court, Constitutional Law, Criminal, U.S. Supreme Court
Cops are coming for your cellphone, again
By Scott A. Sugarman
You may have thought the contents of your cellphone were private. Sadly, the very recent decision in People v. Sandee, 15 Cal....
Constitutional Law, Government, U.S. Supreme Court
Letting the democratic process work
By Erwin Chemerinsky
The Supreme Court should hold in Gill v. Whitford that challenges to it can be heard in the federal courts and explain that d...
Administrative/Regulatory, Corporate, Securities
Growing risk of insider trading on data breaches
By Joshua M. Robbins, Adam M. Sechooler
Shortly after the major Equifax hack, the SEC and Department of Justice opened insider trading investigations based on allegat...
Administrative/Regulatory, Corporate, Labor/Employment
New salary history law raises new questions
By Arthur F. Silbergeld
Assembly Bill 168, recently approved by Gov. Jerry Brown, prohibits an employer from asking a job applicant about salary his o...
Appellate Practice, Law Practice, Civil Litigation
We should end inadvertent submissions to jurisdiction
By James A. Dooley
The last thing a party challenging personal jurisdiction wants to do is slip into a general appearance and thereby "consent" t...
Corporate, Labor/Employment
Lessons from Delaware on noncompete best practices
By Marc Boiron, Morgan McCombe
A recent Delaware Court of Chancery decision serves as a good reminder regarding best practices and current laws when Californ...
Administrative/Regulatory, Corporate, Labor/Employment
New parental leave mandate
By Chris Micheli
Gov. Jerry Brown signed Senate Bill 63 to create a new unlawful employment practice related to parental leave. The bill create...
Ethics/Professional Responsibility, Judges and Judiciary, Law Practice
Eight.
By Robert L. Bastian Jr.
The number Eight. This diatribe against the overuse of nondisclosure and confidentiality agreements is brought to you by Eight...
Today's rigorous law school admissions process and curriculum screen out those who aspire to be lawyers but lack the basic ski...
Corporate, Intellectual Property, Civil Litigation
Ruling will affect patent litigation strategies
By Eliot D. Williams, Wayne O. Stacy
The U.S. Court of Appeals for the Federal Circuit recently addressed the burden of proving patentability of patent claims that...
Corporate, Insurance, Civil Litigation
Litigation tests limits of insurance ‘elective stacking’ rule
By William S. Bennett
An action brought against Montrose Chemical Corporation in 1990 has generated over 20 years of associated insurance coverage l...
Bankruptcy, Corporate, Real Estate/Development
Legal strategies to help retailers in this difficult environment
By Jeffrey M. Pomerance
The facts are undeniable. According to Credit Suisse, between 20 and 25 percent of the nation's shopping malls will close in t...
9th U.S. Circuit Court of Appeals, Tax
Forest Whitaker case shows how not to deal with IRS
By Robert W. Wood
As with some others in the entertainment world, Forest Whitaker has had a few tax problems over the years. His latest foray in...