Civil Litigation, Labor/Employment, California Supreme Court
California is doubling down on the Dynamex ruling across the board
By Allegra A. Jones, Brooke B. Tabshouri
Just over a year after the California Supreme Court handed down the landmark decision, the 9th U.S. Circuit Court of Appeals a...
Many plaintiffs settle lawsuits or win judgments, but are later surprised that they have to pay taxes. Even those who know tha...
Law Practice, Government
Gauging the potential impact of the Electronic Court Records Reform Act
By Elissa D. Miller, Jeph Ledda
The bill was recently introduced in Congress with the goal of mandating free, public access to federal court electronic record...
U.S. Supreme Court, Civil Litigation, Government
Ruling makes it easier to block a competitor's FOIA access to confidential information
By Rebecca J. Edelson, Adam Bartolanzo
Last month, the Supreme Court held that a showing of substantial competitive harm in the event of disclosure is not required f...
Labor/Employment, Entertainment & Sports, Alternative Dispute Resolution
Mediation is a good play in US women's soccer pay equity suit
By David A. Lowe, Erin M. Pulaski
Defending World Cup Champion U.S. Women's National Team soccer players have agreed to mediate their gender pay equity lawsuit ...
The best takings decision we should never have needed
By R. S. Radford
The reasoning of the majority opinion is so straightforward, it’s hard to imagine disagreement. But disagreement there was.
I had heard the stories about U.S. District Judge Manuel L. Real. A tyrant. Lawless. A dictator in a robe. As a journalist, I ...
Eventually the “Judge Real stories” will fade as memories dim, but when a meltdown occurs in my courtroom, I’ll continue to wo...
As our troops were coming back from the Vietnam war, insurance company lobbyists and special interests groups saw their opport...
Letters, Constitutional Law
‘Separate sovereigns’ ruling is seriously flawed
By Richard A. Nixon
In a 7-2 decision written essentially in recognition of the separate sovereign principle in Gamble v. United States, the defen...
International Law, Government, Corporate, Administrative/Regulatory
How Walmart pulled off an FCPA win
By Ariel A. Neuman, Naomi S. Solomon
While the government is touting Walmart’s $282 million settlement to resolve a seven-year FCPA investigation as a victory, the...
Sorry for the bait-and-switch title, but this article is not about what you probably think it’s going to be about. Rather, we’...
Civil Litigation, Labor/Employment, Construction, 9th U.S. Circuit Court of Appeals
Federal construction contractors, prevailing wages and SB 954
By Garret D. Murai
At the height of the Great Depression nearly a quarter of Americans were unemployed. In response, Congress enacted a series of...
As of Monday, California law requires video or audio recordings of a “critical incident” to be disclosed within 45 days of whe...
Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
Where Troester stops not even Troester knows
By Lilit Ter-Astvatsatryan, H. Scott Leviant
While the California Supreme Court’s landmark ruling on the de minimis defense readily sniffed out unpaid time of several minu...
Tax, Government
Clashes in state and federal policies: SALT and donor disclosure
By Erin Bradrick
The dynamic of states responding to federal action or inaction is continuing to repeatedly play out in areas of interest to or...
Government, Constitutional Law
If the Supreme Court won’t fix gerrymandering, state courts, voters and Congress can
By Nicholas F. Daum
In Rucho v. Common Cause, by a 5-4 vote, the U.S. Supreme Court announced what federal courts will do to fix extreme partisan ...
Administrative deference reaches its zero Auer
By Steven B. Katz
Last week’s Supreme Court decision in Kisor v. Wilkie dramatically rewrote the rules for deference, retaining so-called Auer d...
They profoundly influence our lives. They can be found all over the world. When not fulfilling their mission, they blend in wi...
Law Practice, Civil Litigation, Appellate Practice
Appellate Adventures, Chapter 10: “If It Ain’t Clear, It Ain’t There!”
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
U.S. Supreme Court, Government, Constitutional Law
Reflections on the Supreme Court’s census ruling
By Robin B. Johansen
The U.S. Supreme Court’s recent decision on adding a citizenship question to the upcoming census offers some reassurance that ...
Securities, Government, Corporate, Administrative/Regulatory
Bill aims to tidy up ‘judicial mess’ of insider trading law
By Thomas A. Zaccaro, Nicolas Morgan
The House Committee on Financial Services recently approved a bill, the Insider Trading Prohibition Act, which creates a statu...
Civil Litigation, Intellectual Property, Corporate, Antitrust & Trade Reg.
To cooperate, or not to cooperate? That is the question in FTC v. Qualcomm
By John S. Gibson, Christy A. Markos
Last month's win for the Federal Trade Commission in FTC v. Qualcomm illuminates an increasingly fractured fault line in this ...
U.S. Supreme Court, Civil Litigation
California’s Armendariz opinion violates federal law
By Fred J. Hiestand, Benjamin G. Shatz
A recent appellate opinion that found an arbitration provision contained in a law firm’s partnership agreement unconscionable ...
Civil Litigation, Intellectual Property
Issue-preclusive effect of agency decisions in the patent context
By Irfan A. Lateef, Josepher Li
In the aftermath a 1971 Supreme Court decision courts have applied issue preclusion to end patent lawsuits. Just a few years a...
Ethics/Professional Responsibility, State Bar & Bar Associations
What to do when you hear from the State Bar
By Murray Greenberg
Where we left off in part one (June 21) of this series: You have received and digested the communication from the State Bar in...
Civil Litigation, California Supreme Court
Got a final award? It ain’t necessarily so.
By Michael R. Diliberto
The California Supreme Court recently said it is timely to submit a request for costs under CCP Section 998 to the arbitrator ...
U.S. Supreme Court, Tax
Cutting California taxes armed with Supreme Court’s trust ruling?
By Robert W. Wood
The U.S. Supreme Court unanimously ruled that a state could not tax an out of state resident on trust income without minimum c...
Government, Constitutional Law
Subpoenas: essential to effective functioning of the legislature
By John H. Minan
The constitution is silent on presidential absolute immunity. Although presidents routinely invoked the claim of executive pri...
Letters, Education Law, 9th U.S. Circuit Court of Appeals
Clarifications to letters responding to recent column on Title IX ruling
By David Urban
This response provides two clarifications to comments regarding my June 12 article on the 9th Circuit’s recent Title IX ruling.