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

The 9th Circuit’s non-functional approach to the ministerial exception

Jan. 14, 2020
By Josh McDaniel, Jacob M. McIntosh

The Supreme Court should reject the 9th Circuit’s approach and ensure that religious liberty is equally available to all faiths.


Tax, Government

What a year! As we close out 2019 and usher in 2020, here’s an overview of some of the key occurrences and legal developments ...


Government, Corporate

The CCPA is not Y2K 2.0

Jan. 14, 2020
By Tanya Forsheit

For privacy lawyers old enough to remember, December 2019 felt oddly reminiscent of December 1999. There was a lingering sense...


Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals

Public sector unions not liable for repayment of agency fees

Jan. 13, 2020
By Kevin J. Chicas, Adrianna Guzman

The 9th Circuit recently affirmed the dismissal of a lawsuit that public employees filed against the exclusive representative ...


The 9th Circuit recently affirmed the dismissal of consumer fraud claims alleging that the use of the word “diet” in Diet Dr. ...


Corporate, Bankruptcy

A recent case demonstrates that a buyer faces a heavy burden and must make a strong showing to invoke a material adverse effec...


Civil Litigation, Labor/Employment

As 2019 drew to a close, the National Labor Relations Board issued a number of notable National Labor Relations Act decisions,...


Banking, Administrative/Regulatory

The legal landscape of banking marijuana businesses (Part II)

Jan. 13, 2020
By Fredrick S. Levin, Daniel P. Stipano

Banks are caught in the between state and federal laws on marijuana. Like any other business, marijuana producers and dispens...


Law Practice, Ethics/Professional Responsibility

Lawyers as defendants in 2019

Jan. 10, 2020
By Kenneth C. Feldman, Alex A. Graft

In 2019, the Court of Appeal (but not Supreme Court) predictably addressed many of the same general issues which come before i...


Law Practice, Ethics/Professional Responsibility

Litigation finance in today’s legal industry

Jan. 10, 2020
By Shari L. Klevens, Alanna G. Clair

While the use of litigation finance is now well-established in the legal industry, it still garners significant attention amon...


Ethics/Professional Responsibility

As we transition from 2019 to 2020, we need to consider issues such as what obligation does a lawyer have when a judge or publ...


Ethics/Professional Responsibility

Teaching the required course in professional responsibility, an anodyne title for legal ethics, I always face the same issue a...


U.S. Supreme Court, Environmental & Energy

It sounds so simple. The Clean Water Act applies to “waters of the United States.” But a clear and consistent definition of th...


U.S. Supreme Court, Constitutional Law

Property rights at US high court in 2019

Jan. 9, 2020
By Larry Salzman

One leap forward and two missed steps


Insurance

2019 review of California insurance law decisions

Jan. 9, 2020
By Kirk A. Pasich

In 2019, California courts issued a number of interesting decisions on insurance issues. Three stand out.


U.S. Supreme Court, Tax, Health Care & Hospital Law

US Supreme Court to once again review Obamacare

Jan. 9, 2020
By John H. Minan

The U.S. Supreme Court is once again being asked to determine the fate of the Patient Protection and Affordable Care Act.


Environmental & Energy

“Flavor of the Month” is a misnomer, particularly for PFAS; between a hit movie (Dark Waters) and the interest of class action...


Law Practice, Judges and Judiciary

More than 43,000 adults with intellectual and developmental disabilities are living under the protection of California courts....


Government

AB 602 and AB 730: Curbing "deepfakes" in pornography and elections

Jan. 8, 2020
By Douglas E. Mirell, Joshua Geller

Two new laws restricting the creation and distribution of so-called “deepfake” videos – Assembly Bills 602 and 730 – will beco...


Real Estate/Development, Government

SB 330: Housing Crisis Act

Jan. 8, 2020
By Bryan W. Wenter

A long and complicated bill that makes key changes to the Planning and Zoning Law to remove obstacles to the processing and ap...


Bill is part of effort to increase civic engagement


Senate Bill 41 adds Section 3361 to the Civil Code stating, "Estimations, measures, or calculations of past, present, or futur...


Corporate, Civil Rights, Alternative Dispute Resolution

SB 707: The People standing up to corporate interests

Jan. 8, 2020
By Mary E. Alexander

The bill radically alters the way arbitration is handled and eliminates potential abuses to the system.


Labor/Employment

On Aug. 30, 2019, Gov. Gavin Newsom signed into law SB 778 as urgent "clean-up" legislation, which went into effect immediatel...


Real Estate/Development, Government

AB 881 et al.: ADU laws

Jan. 8, 2020
By Todd Leishman, Isaac M. Rosen

In response to the state's housing crisis, California continues to strip local governments of their ability to regulate access...


California's Fair Employment and Housing Act prohibits discrimination, harassment, and retaliation in employment based on prot...


Entertainment & Sports, Antitrust & Trade Reg.

With the Fair Pay To Play Act, California became the first state to allow college athletes to hire sports agents and earn inco...


Senate Bill 230, authored by Senator Anna Caballero and supported by law enforcement groups, imposes policy and training requi...


Insurance

Senator Bill Dodd, who represents counties hit hard by recent fires, authored Senate Bill 240, aimed to curb alleged "bad advi...


Real Estate/Development, Government

California's protection of low-income tenants got a bit more robust with the enactment of Senate Bill 329 this year.