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Civil Litigation, Labor/Employment, California Supreme Court

California is doubling down on the Dynamex ruling across the board

Jul. 5, 2019
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...


Tax, Civil Litigation

Settlements and taxes: 5 IRS rules to remember

Jul. 5, 2019
By Robert W. Wood

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

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

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

Jul. 3, 2019
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 reasoning of the majority opinion is so straightforward, it’s hard to imagine disagreement. But disagreement there was.


Judges and Judiciary

Real compassion

Jul. 3, 2019
By John Hanusz

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 ...


Judges and Judiciary

Real times

Jul. 3, 2019
By Anthony J. Mohr

Eventually the “Judge Real stories” will fade as memories dim, but when a meltdown occurs in my courtroom, I’ll continue to wo...


Civil Litigation

MICRA needs to go

Jul. 3, 2019
By Nicholas Rowley

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

Jul. 3, 2019
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

MCLE
Jul. 2, 2019
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...


Law Practice, Appellate Practice

Appellate me too!

Jul. 2, 2019
By Benjamin G. Shatz

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

At the height of the Great Depression nearly a quarter of Americans were unemployed. In response, Congress enacted a series of...


Criminal

AB 748 shifts power to public

Jul. 2, 2019
By Vincent M. Imhoff

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

Jul. 2, 2019
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

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

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

Jul. 1, 2019
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...


Judges and Judiciary

Certainty and solace — elusive

Jul. 1, 2019
By Arthur Gilbert

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

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

Jul. 1, 2019
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

Jul. 1, 2019
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

Jun. 28, 2019
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

Jun. 28, 2019
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

MCLE
Jun. 28, 2019
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

Jun. 28, 2019
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.

Jun. 28, 2019
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

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

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

This response provides two clarifications to comments regarding my June 12 article on the 9th Circuit’s recent Title IX ruling.