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Intellectual Property, Corporate

Legal issues accompany the benefits of using AI

Apr. 17, 2019
By Vito Costanzo

[TOP IP] There are some significant legal policy issues raised by the emergence of artificial intelligence technology as it pe...


Civil Litigation, Intellectual Property

[TOP IP] Because of a dearth of federal cases on federal trade secret law, courts often use the "similarity" between federal a...


U.S. Supreme Court, Constitutional Law

We need to rein in agency deference

Apr. 16, 2019
By Anthony T. Caso

The U.S. Supreme Court heard arguments in a recent case concerning the deference courts give to agencies when interpreting the...


Civil Litigation, Government, Administrative/Regulatory

DOJ objecting to class settlements more frequently

Apr. 16, 2019
By Darren K. Cottriel, Ann T. Rossum

Within the past year, DOJ has objected to proposed class settlements in three consumer cases. These objections demonstrate hei...


Law Practice, Ethics/Professional Responsibility

It is not enough to be competent with the “black letter” principles. Lawyers will be competent only if they are aware of the ...


Law Practice, Law Office Management

A guide to the first steps of managing your firm’s exposure

Apr. 16, 2019
By Daniel O'Rielly, Dena Roche

It is a paradox of our practice that our clients — all of them law firms and lawyers who routinely advise, protect and defend ...


Criminal

Maybe. History might provide a helpful clue.


Government

California can lead the way on electronic wills

Apr. 15, 2019
By Julia Craig Kelety

California should adopt a simple, modern approach that recognizes the new ways that Californians memorialize their end-of-life...


Civil Litigation

Why aren’t there more California below-cost pricing cases?

MCLE
Apr. 15, 2019
By Dylan I. Ballard

The Unfair Practices Act is perhaps the broadest such statute in the nation, and far broader than comparable federal laws — ye...


Law Practice, Appellate Practice

Waive oral argument?

Apr. 15, 2019
By Myron Moskovitz

Sometimes, waiving oral argument is what’s best for your client.


Environmental & Energy

Lyndon Johnson’s vision of the (green) Great Society

Apr. 15, 2019
By Daniel A. Farber

As it turns out, President Johnson’s vision of the Great Society was environmentally oriented from the beginning.


Labor/Employment, Government

When the California Legislature convened in December for the start of the 2019-2020 legislative session, it was clear from the...


Law Practice

A gifted trial lawyer and raconteur

Apr. 12, 2019
By James R. Rosen

Just about nobody I know can spin a tale, poke fun at life and captivate his audience as well as Dick Carroll.


U.S. Supreme Court, Securities

Ruling will encourage SEC to pursue broader theories

Apr. 12, 2019
By Nicolas Morgan, John Nowak

After a string of high-profile Supreme Court defeats, the SEC finally won one, and it will have ramifications.


Books

The new transaction paradigm

Apr. 12, 2019
By Richard Wirick

Blockchain technology has many potential applications, but it is not without pitfalls and perils, which Primavera de Filippi a...


Government, Constitutional Law

Citizenship question threatens integrity of the census and state funding

Apr. 12, 2019
By Toni G. Atkins, Anthony Rendon

The Constitution requires a census that is an “actual Enumeration” that counts the whole number of persons in each state. That...


Law Practice

Using resilience tools to maintain high-level performance

MCLE
Apr. 12, 2019
By Steven Flannes Ph.D

Left unaddressed, demanding and intrusive forces can hinder cognitive performance and decision-making, increase conflict behav...


Labor/Employment, Entertainment & Sports

Last week the Writers Guild of America voted, with the support of other major entertainment industry organizations, to require...


Government, Administrative/Regulatory

Facebook and fair housing in 2019

Apr. 11, 2019
By Gary W. Rhoades

Half a century after becoming law, the Fair Housing Act still holds up as a law to help stop housing discrimination in the int...


No accountability for financial misconduct means no change

Apr. 10, 2019
By David S. Casey Jr., Jeremy K. Robinson

If the government is unwilling to provide public enforcement, it should at least clear the way for private plaintiffs to take ...


Constitutional Law

Property owners have the right to a fair hearing first

Apr. 10, 2019
By Damien M. Schiff, Paul Beard

There’s a legitimate debate about how best to balance public coastal access with private property rights. But there should be ...


Constitutional Law

A decision by the D.C. Circuit casts a legal shadow on the release of grand jury materials on the inherent authority theory.


Civil Litigation

An object lesson on CCP 664.6

Apr. 9, 2019
By Steven H. Kruis

Litigants themselves must request the court to retain jurisdiction to enforce a settlement under CCP 664.6


Labor/Employment

Revisiting public policy regarding employment law

Apr. 9, 2019
By William M. Crosby

The time is long overdue for legislation to assure workplace fairness through effective civil remedies for such violations. F


The U.S. Senate Finance Committee Chairman Chuck Grassley (R-IA) and Ranking Member Ron Wyden (D-OR) have called on the IRS Co...


Tax

Yes, it’s that time of year again. Tax returns are due on April 15 to both the IRS and the California Franchise Tax Board. But...


9th U.S. Circuit Court of Appeals

The 9th Circuit recently held that the abstention doctrine does not preclude some federal claims from being considered simulta...


Administrative/Regulatory

The California Office of Environmental Health Hazard Assessment is taking public comments on whether cannabis related products...


Entertainment & Sports

Sports venues incorporate communal engagement areas

Apr. 8, 2019
By Rich Brand, Zak Welsh

The incorporation of communal engagement spaces into an existing or new stadium or arena can be a win-win for teams and venues.


Intellectual Property, Entertainment & Sports

Combating IP infringement on social media: a primer

MCLE
Apr. 8, 2019
By Josh Eichenstein

Explore the negative impact of social media on artists — specifically writers, comedians and photographers whose creative mate...