Insurance
Groundbreaking cyber insurance decision
It is believed that this decision is the first which extends the concept of computer “use” or “violation” to the practice of “...
Administrative/Regulatory, Government, Health Care & Hospital Law
Senators duel over health care
While Senate Majority Leader Mitch McConnell indicated that the Senate would vote on health care legislation on Tuesday, it wa...
California Supreme Court, Government
Leaner bar is good for attorneys and the public
Last week the Assembly and Senate judiciary committees approved amendments to a bill (Senate Bill 36, Jackson) that would make...
Corporate, Mergers & Acquisitions, Securities
Private equity deal execution and operations strategy
Targets are increasingly questioning how quickly a deal can get done and what private equity sponsors can do in terms of opera...
Civil Rights, Criminal, Government, Judges and Judiciary
It’s high time California reforms bail system
Money bail has created a two-tiered system of justice where someone’s release is determined largely by their ability to pay ba...
Corporate
Before recently issued Treasury regulations, it was unclear whether issuing equity to an employee of a disregarded entity and ...
Government, Administrative/Regulatory
Similar to other consumer product disclosure bills the California Legislature has considered in recent years, the bill require...
Administrative/Regulatory, California Supreme Court
Ruling further erodes property rights
Last week, the California Supreme Court ruled against two Encinitas homeowners who challenged the California Coastal Commissio...
What have we learned about Justice Neil Gorsuch from his first 90 days on the bench? Hint: There are few surprises.
Corporate, Transportation
Selling vehicles in Tomorrowland
There are certain things that come around every once-in-a-while that change life as we know it. And now there is Uber. By Jona...
Dave Mullins and Charlie Craig walked into a bakery for a wedding cake. Jack Phillips, owner of Masterpiece Cakeshop, then wal...
Corporate, Intellectual Property
Equity compensation is about retention
The reality is that for most employees at most companies, a sale of the company may mean a new car or a down payment on a new ...
Corporate
Franchisors will need to adjust their methods when accounting for franchise fees either this year or next, depending on whethe...
Securities, Corporate, Mergers & Acquisitions
IPOs: people, planning and critical path items
Once a company has determined an IPO is the right choice for them and have implemented the necessary steps to prepare for beco...
Civil Litigation, 9th U.S. Circuit Court of Appeals, Intellectual Property
Brand owners rejoice at Google ruling
The 9th Circuit recently held that "verb use [of a trademark] does not necessarily constitute generic use."
U.S. Supreme Court, Constitutional Law
Giving offense is a viewpoint
The "disparagement clause" in Section 2 of the Lanham Act violates "bedrock" First Amendment principles and is therefore facia...
Real Estate/Development, Construction, Probate
California contractors: Protecting assets from lawsuits
Since 1970, California law has granted California residents substantial protection for their assets from legal claims of credi...
Environmental & Energy, Administrative/Regulatory
What we can learn from Trump's EPA budget
The approximately 31 percent proposed cut from current spending levels is a staggering figure for any institution, public or p...
U.S. Supreme Court, Constitutional Law
SEARCH WARS: Return of the Judiciary
Whereas the first two articles looked at the present and the past, respectively, this article looks to the future by asking ho...
U.S. Supreme Court, Constitutional Law
SEARCH WARS: The Fifth Amendment Strikes Back
If the U.S. Supreme Court defined privacy in terms of what protects our personhood, it would obviate an inquiry into the wheth...
Constitutional Law, U.S. Supreme Court
SEARCH WARS: A New Hope for Definitional Clarity
A long time ago, in a courtroom far far away, a disturbance in the Fourth Amendment first manifested itself. ...
Law Practice
Don't let conflicts of interest get you down
After working hard to bring in a new client or matter, the prospect of losing the client or matter because of conflicts is dif...
Judges and Judiciary, Civil Litigation
The Special Verdict Paradox: Part II
Is there a way that a rational civil jury can find on a special verdict form that a plaintiff has proven all the elements of a...
Judges and Judiciary, Law Practice, Civil Litigation
The Special Verdict Paradox: Part I
If a jury finds that a civil plaintiff has proven each element of its claim, does it necessarily follow that the plaintiff has...
Civil Rights
Third-party standing as an ADA accommodation on appeal
Because there are never any appeals by people with disabilities in limited conservatorship proceedings, appellate judges have ...
Law Practice
Knock knock! State Bar special master at your door
Since 1979, a select group of hand-picked individuals from the State Bar's Special Master's List have been responsible for car...
Civil Rights
As currently written, two bills in the U.S. Senate would only apply to state projects intended to improve guardianship and abu...
Civil Rights
Access to Justice: E(quality) = MC410
All attorneys should be aware that federal law requires government entities and businesses to provide reasonable accommodation...
Environmental & Energy, 9th U.S. Circuit Court of Appeals, Administrative/Regulatory
Rulings impact sustainable food movement
Earlier last month, the 9th Circuit issued three opinions that together addressed whether counties in Hawaii are preempted fro...
U.S. Supreme Court
Vagueness challenges are in vogue
A recent Supreme Court case striking down a law as unconstitutionally vague has quickly become the most frequently cited case ...