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Government, Constitutional Law

Of two minds

May 20, 2019
By Brian M. Hoffstadt

Literature and pop culture have their share of characters who act with mixed motives — Iago, Dr. Jekyll/Mr. Hyde, and Two Face...


Law Practice, Appellate Practice

Constructing an appellate brief

May 20, 2019
By Myron Moskovitz

I’ve written a few books and a bunch of articles, but there’s no way I can compare myself to my favorite biographer, Robert Ca...


Labor/Employment, Administrative/Regulatory

Labor negotiations in the age of social media

May 20, 2019
By Jordan Bilbeisi

It has long been a common practice for public agency employers and unions to communicate with the public and staff regarding l...


Civil Litigation

One court’s view of bad faith trust contests and fee shifting

May 17, 2019
By Shawn S. Kerendian, Joshua D. Taylor

A Court of Appeal ruling demonstrates that “when objections are devoid of merit, the beneficiary who brought them should bear ...


Intellectual Property

Cannabis patent case may see trial

May 17, 2019
By Jihee Ahn

It’s been an eventful year for the first cannabis patent infringement case, which was filed in federal district court in Color...


Construction, Alternative Dispute Resolution

Recent trends in construction mediation

May 17, 2019
By Robert S. Mann

For those of you who weren't able to attend this month's festivities at the West Coast Casualty construction conference at the...


Entertainment & Sports, Administrative/Regulatory

Without the written prohibitions and notice of penalty when non-licensees engage in a restricted activity, Justice Kathryn Wer...


Law Practice, Law Office Management, Ethics/Professional Responsibility

What’s your law firm’s relationship with the rules?

May 17, 2019
By Daniel O'Rielly, Dena Roche

Some law firms operate on a just-in-time approach to the rules, looking them up and referencing them only if and when an issue...


Criminal, Books

Jails and cash bail are plea-generating machines

May 17, 2019
By Richard Wirick

“Jails and the prosecutorial system and cash bail are plea-generating machines” is one of the most pointed, unassailable quote...


Civil Litigation, Labor/Employment, California Supreme Court

Guards at the (Golden) gate: A Giants dilemma

May 16, 2019
By Ronald W. Novotny

The California Supreme Court recently held that a security guard’s state law claim for “waiting time” penalties based on unpai...


Education Law, Criminal

Simple theft: No more, no less

May 16, 2019
By Russell Korobkin

A tearful Felicity Huffman pled guilty in the college admission scandal on Monday and now awaits sentencing. How should we thi...


Entertainment & Sports, Administrative/Regulatory

On its face, the Writers Guild of America’s war with the Association of Talent Agents wanting to eliminate packaging and agenc...


Corporate, Contracts

Two key topics to address when negotiating a long-term hotel management contract

May 16, 2019
By Chauncey M. Swalwell, Mitchell B. Laufer

As the asset-light business model for hotel companies has become de rigueur, long-term management contracts have taken on incr...


Administrative/Regulatory

For hemp, skipping proposed rule stage could create problems

May 16, 2019
By Brian Ronholm, David M. Hoffmeister

With the intense pressure that the U.S. Department of Agriculture is under to draft the hemp rule in time for the 2020 plantin...


Securities, Civil Litigation, Corporate

In a significant decision with major implications for California, the Delaware Chancery Court said that certificates of incorp...


Government, Constitutional Law

Not just anyone can be elected county sheriff

May 15, 2019
By Ryan M. Harrison Sr.

Our founding documents — state and federal — placed some restrictions on the highest offices in the land but what about the le...


Law Practice, Government, Books

Making and breaking the American legal system

May 15, 2019
By Bruce Cannon Gibney

In his new book, “The Nonsense Factory: The Making and Breaking of the American Legal System” (Hachette Books, May 2019), lawy...


Civil Litigation, Government, Criminal

Economic espionage cases continue to rise

May 15, 2019
By Paul S. Chan

There is a unique relationship between the U.S. and China on civil trade secret litigation


Tax, Government

This month’s Nonprofit News column addresses the issuance of updated IRS procedures for screening requests for exemption deter...


U.S. Supreme Court, Government, Constitutional Law, Administrative/Regulatory

CFPB survives, but for how long?

May 15, 2019
By Anne Voigts, Matthew V. Noller


Civil Litigation, Bankruptcy, Administrative/Regulatory

Ruling provides cannabis companies hope for the future

May 14, 2019
By Phillip Silverman

As more states begin to legalize medical and adult-use cannabis, there will be more non-cannabis companies seeking to join the...


Government, Constitutional Law

A constitutional crisis?

May 14, 2019
By Erwin Chemerinsky

Speaker of the House of Representatives Nancy Pelosi recently used that phrase and it is constantly uttered by commentators. Y...


Immigration

While this ruling is a significant decision that will impact many children who appear in immigration removal proceedings in th...


Administrative/Regulatory

CCPA’s cure provision can provide companies relief from class treatment

May 14, 2019
By Allen L. Lanstra, Kevin J. Minnick

Unlike similar statutes, however, the California Consumer Privacy Act’s cure provision prevents the consumer from bringing a c...


Civil Litigation, Intellectual Property

On May 8, in Amgen v. Sandoz, the U.S. Court of Appeals for the Federal Circuit handed the biosimilar giant another win in two...


Government, Constitutional Law

If Congress and the president want a resolution that restores balance and allows the country to move in a positive direction,...


Tax, Real Estate/Development

Latest opportunity zone treasury regulations offer more clarity to investors

May 13, 2019
By Michael D. Haun, Kami L. LaBerge

On April 17, the Internal Revenue Service issued its second tranche of proposed regulations to address many questions left una...


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

Child litigants need to have counsel

May 13, 2019
By Kevin Lapp

In a recent ruling, the 9th Circuit again avoided answering the urgent issue of whether child respondents in removal proceedin...


Civil Litigation, Labor/Employment, Health Care & Hospital Law, California Courts of Appeal

Ruling ends physician termination sans peer review process

May 13, 2019
By Andrew H. Selesnick, Karen N. George

A recent Court of Appeal ruling put an end to the practice of terminating a physician without utilizing the peer review proces...


Intellectual Property

While the growth in patent filings is almost ubiquitous in technology areas in the medical device segment, the biggest growth ...