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Bankruptcy

Will dealing with cannabis businesses leave you bankrupt?

Mar. 12, 2019
By Charles D. Ferrari

If your business deals with cannabis, you no doubt are hoping the answer is no. However, as the saying goes, "be careful what ...


Civil Litigation, Law Practice

Given the size of the third-party litigation funding industry and its impact on our justice system, a little transparency isn’...


Civil Litigation, Law Practice

Seeing through the Litigation Funding Transparency Act of 2019

Mar. 11, 2019
By Matthew Harrison, Amy Geise

The Litigation Funding Transparency Act offers no sound policy basis and runs contrary to basic tenets of relevance governing ...


Environmental & Energy

Fifty years ago, an oil drilling company failed to put proper safety measures in place causing one of its oil platforms to rup...


Civil Litigation, Law Practice, California Supreme Court

For years, it has been standard practice for lawyers to give the “thumbs up” on settlement agreements by signing “Approved as ...


Traveling abroad might be a luxury or a necessity, depending on the circumstances. But now you can add tax problems to the lis...


U.S. Supreme Court, Intellectual Property

On Monday, the U.S. Supreme Court granted certiorari to review the question of whether applicants who have appealed the decisi...


Government, Administrative/Regulatory

Consumer privacy across the Atlantic: GDPR vs CCPA

Mar. 8, 2019
By Mary Race, Christine Lyon

The California Consumer Privacy Act of 2018 echoes concepts found in the European Union’s General Data Protection Regulation, ...


Law Practice, Law Office Management

Planning is critical in managing the risks of partner departures

Mar. 8, 2019
By Daniel O'Rielly, Dena Roche

For any California law firm, addressing the challenges that arise when a partner or practice group departs the firm is a criti...


Insurance

Many, if not most, directors and officers liability policies contain allocation clauses. Commonly, these clauses provide that ...


Law Practice, Ethics/Professional Responsibility

Dishonest Attorneys Face Severe Consequences

Mar. 8, 2019
By Shari L. Klevens, Alanna G. Clair

In recent years, courts have shown little hesitation in imposing severe sanctions on attorneys if the court determines that th...


Contracts

E-signatures & the law

MCLE
Mar. 8, 2019
By Charles N. Bahlert, Patrick J. Wingfield

We are living in the Information Age, where technologies continuously and rapidly evolve and the law struggles — and often fai...


Labor/Employment, Government, California Supreme Court

In an unanimous decision, the California Supreme Court held that the plaintiffs in Cal Fire Local 2881 v. CalPERS have no vest...


U.S. Supreme Court, Civil Litigation, Intellectual Property

Don’t hold your breath after copyright ruling

Mar. 7, 2019
By Jessica Bromall Sparkman, Rod S. Berman

The U.S. Supreme Court says that a copyright owner cannot initiate a lawsuit until it obtains a certificate of copyright regis...


Securities, Banking

The initial coin offering was the natural next step in the evolution of applications for blockchain technology. The only probl...


Civil Litigation, California Supreme Court

What a court can consider when ruling on anti-SLAPP

Mar. 6, 2019
By Gregory M. Smith

The California Supreme Court recently ruled on what a court can consider when ruling on an anti-SLAPP.


As every law student and lawyer knows, while there are the rules, there are the exceptions to the rules, and then there are th...


Government, Criminal

On March 2, the Los Angeles Times editorial board attacked district attorneys as craven politicians out to maximize punitive s...


Military Law, Criminal

Veterans and domestic violence

Mar. 6, 2019
By Eileen C. Moore

The impact of military service can manifest itself on the lives of everyone in a veteran’s family in countless ways. Military ...


U.S. Supreme Court, Environmental & Energy

Clean Water Act cases head to the high court

Mar. 5, 2019
By Davina Pujari, Sean G. Herman

The U.S. Supreme Court has agreed to hear two cases involving whether the act regulates discharges of pollutants to groundwater.


Civil Litigation, California Courts of Appeal

Most lawyers familiar with arbitration understand that it is not a judicial proceeding, but it might come as a surprise to lit...


Law Practice

The OJ Simpson “trial of the century,” already distant enough in the past to be the subject of fictional revision, offers a fe...


Tax, Corporate

Are you selling a business, or perhaps helping a client to sell a business? In any of these circumstances, it pays to think ab...


Judges and Judiciary, Appellate Practice

Invisible Justice

Mar. 5, 2019
By Benjamin G. Shatz

The typical appellate court decision names the judges who decided the case and specifies which is the author and which two are...


Intellectual Property

Can we patent our machine-learning innovation?

Mar. 5, 2019
By John E. Kind

The phrase “on the internet” became a running joke with patent attorneys after the dot com boom; today it might be “machine le...


Constitutional Law

In the battle between desire for public access and environmental preservation, respecting property rights is the best solution


Civil Litigation, Health Care & Hospital Law, Administrative/Regulatory

Government worried about proving intended loss in criminal health care cases

Mar. 4, 2019
By Byron J. McLain, Pamela Johnston

Three pending 9th Circuit decisions out of the Central District of California could alter how loss amounts are calculated for ...


Law Practice, Judges and Judiciary

Take a breath

Mar. 4, 2019
By Arthur Gilbert

When I use commas, it’s so the reader can take a break.


Civil Litigation

In the first installment of this series, we discussed general considerations and unique aspects of California's anti-SLAPP sta...


Law Practice, California Supreme Court, Appellate Practice

Oral arguments before the California Supreme Court

Mar. 4, 2019
By Myron Moskovitz

Over the years, I’ve watched quite a few oral arguments before the California Supreme Court. While watching, I tend to focus o...