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Since at least 2011, when the U.S. Supreme Court decided AT&T Mobility v. Concepcion, seeking to reinvent the 1925 Federal...


Tax, Government

Worker classification rules aren’t just state law

Sep. 18, 2019
By Robert W. Wood

The legal standards come from the IRS, Department of Labor, state labor and unemployment laws, workers’ compensation, and more...


State Bar & Bar Associations, Law Practice

The California Judicial Council is scheduled to adopt new rules requiring conservatorship attorneys to receive education on a ...


Government

The first year of the European General Data Privacy Regulation has yielded compliance questions and legal challenges, but the ...


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

9th Circuit ensuring federal courts remain open for class action defendants

Sep. 17, 2019
By Susan Kay Leader, Jonathan P. Slowik

Recent 9th Circuit decisions demonstrate a renewed commitment to eliminating any vestiges of the court’s prior skepticism towa...


Government, Criminal

The novelty of AB 32 lies in that it forbids the state to contract with private entities not only for the incarceration of dom...


Government, Environmental & Energy

Revoking California’s waiver is contrary to existing law

Sep. 17, 2019
By Melissa Malstrom, Davina Pujari


Civil Litigation, California Supreme Court

The California Supreme Court's decision in OTO, LLC v. Kho does not change the standards for determining unconscionability in ...


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

9th Circuit permits biometric privacy class action to proceed

Sep. 17, 2019
By Kevin Jones, Michael T. Zeller

This article examines litigation, as well as legislation, concerning the use and collection of biometric data. It includes a f...


Civil Litigation

When defendants argue that a special relationship is always required to create liability in cases of third-party negligence or...


U.S. Supreme Court, Government

Twice in the last two months, the court took the unusual step of staying district court orders that enjoined Trump policies t...


Civil Litigation, Intellectual Property

Patagonia survives dismissal in trademark suit based on claims of fame

Sep. 17, 2019
By Heather A. Antoine, Karine Akopchikyan

As with so many other intellectual property matters, whether a mark is famous will depend on a case by case analysis. For now,...


Administrative/Regulatory

The type of biometric privacy lawsuit filed last month against a Hilton Hotel in Chicago (Case 2019CH09270) is a harbinger of ...


Why is this generation struggling financially to stay afloat, get ahead, and live a life better than their parents?


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

A warrant to steal?

Sep. 16, 2019
By Donald M. Falk

Some things are obvious to anyone but a court. Under the Fourth Amendment, all that a warrant permits is a reasonable search a...


Letters, Judges and Judiciary

Retired in 2004, and still ‘signing’ bogus orders

Sep. 16, 2019
By Wayne L. Peterson

I read with interest the Sept. 11 article, “Professor uncovers nationwide scams involving fake court orders,” regarding bogus ...


U.S. Supreme Court, Immigration, Government, 9th U.S. Circuit Court of Appeals

The twilight of nationwide injunctions?

Sep. 16, 2019
By David I. Levine

In Trump v. Hawaii, the 2018 travel ban case, Justice Thomas called nationwide injunctions “legally and historically dubious.”...


Civil Litigation, Labor/Employment, California Supreme Court

PAGA plaintiffs win a battle, but lose the war

Sep. 16, 2019
By Steven B. Katz

Last week, the California Supreme Court settled a question that has been hotly debated over the past few years: Can employees ...


Labor/Employment

Last week, the California Legislature approved a controversial new law that will reshape the way businesses evaluate their rel...


Environmental & Energy

New strategies for addressing major change in water law

Sep. 16, 2019
By Christina Babbitt

With climate change at our doorstep, our state leaders know we don’t have time to wait until the next drought to create a more...


U.S. Supreme Court, Immigration, 9th U.S. Circuit Court of Appeals

Over the last two years, the Trump administration has sought to rewrite longstanding laws and close our doors to asylum seeker...


Environmental & Energy, Administrative/Regulatory

Streamlining Napa’s winery permitting process

Sep. 13, 2019
By Katherine A. Philippakis

Napa Valley’s wineries are among the most heavily regulated businesses in the world. In addition to the myriad state and feder...


Labor/Employment, Government

DOL may update overtime rate regulations for first time in 50 years

Sep. 13, 2019
By Peter Brown, Lisa Charbonneau

Since its passage in 1938, courts have struggled to interpret the meaning of “the regular rate” and the correct measure of ove...


Family

So you just were served with a demand for production of documents. How do you respond?


Labor/Employment, Government, Alternative Dispute Resolution

If signed into law, AB 51 will make it a misdemeanor for “a person” to require any applicant or employee to, “as a condition o...


Letters, Judges and Judiciary, Family

Sadly, LGBTQ partners and spouses “fall victim to domestic violence at equal or even higher rates compared to their heterosexu...


Civil Litigation

The issue of this article is whether rulings of the batte din applying Jewish law can be confirmed without violating modern la...


Predictably, most of the movement seems to be directed to tax-free states like Texas, Florida, Washington or Nevada. But Puert...


Law Practice, California Supreme Court, California Courts of Appeal, Appellate Practice

On ‘published’ opinions

Sep. 11, 2019
By Myron Moskovitz

The dictionary provides two generally accepted meanings to the word “publish.” It means “put into a book.” And it means “made ...


Government, Constitutional Law

After a recent ruling, presumably, it’s back to the drawing board at the White House to devise clearer standards that meet pro...