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Administrative/Regulatory


Civil Litigation, Labor/Employment, California Courts of Appeal

Landmark wage and hour ruling

Oct. 11, 2018
By Arthur F. Silbergeld, Natalie Ikhlassi

The California Court of Appeal recently certified for publication a landmark wage and hour decision upholding the legality of ...


Civil Litigation

Victims of art theft, beware. If you think you know who stole your painting — even if you don’t know its whereabouts — don’t w...


Civil Litigation, Law Practice, California Courts of Appeal, Appellate Practice

Get expert witness declarations right

Oct. 11, 2018
By David J. Ozeran

In recent months, the California appellate courts have published a number of cases addressing the role of expert witness decla...


International Law, Government, Constitutional Law, Antitrust & Trade Reg.

Broadly based legal challenges are possible. The president’s power to conduct foreign affairs does not give the executive cart...


Civil Litigation, Alternative Dispute Resolution

If the attorney is appearing at mediation on behalf of his or her client, does the attorney sign the “as to form” line or the ...


Litigation & Arbitration, Civil Litigation, Alternative Dispute Resolution, 9th U.S. Circuit Court of Appeals

Claims like those of individual drivers are exactly the types of claims that should be disposed through a process less formal ...


Labor/Employment, Civil Rights

Bad actors don’t suddenly change their stripes because they were spoon-fed a few hours of mandatory training. So how do we cha...


U.S. Supreme Court, Immigration

Is Nielsen v. Preap a textualist nightmare?

Oct. 10, 2018
By Seth M.M. Stodder

As the saying goes, "bad facts make bad law." Add in an unartfully drafted statute, and you have Nielsen v. Preap, the latest ...


Transportation, Administrative/Regulatory

It’s time to plug this gaping hole in our motor vehicle laws.


Real Estate/Development

A middle ground is possible for rent control, but this year’s initiative to repeal Costa-Hawkins does the opposite.


Law Practice

Illness can make you a better person

Oct. 9, 2018
By Frank H. Wu

I have been pondering "commensurability," an important concept in law, after my diagnosis with a rare, serious autoimmune dise...


Securities

Elon Musk, a modern-day Peter Pan

Oct. 9, 2018
By Ronald E. Wood

Unless an alarm sounds to immediately constrain Musk’s Neverland-like banter and play, the clock in the Croc will draw ever cl...


Criminal, Corporate, Administrative/Regulatory

2nd Circuit Focuses FCPA Enforcement on Agency

Oct. 9, 2018
By Laura Kabler Oswell, Nathaniel L. Green

The 2nd Circuit's ruling in United States v. Hoskins may provide further encouragement for foreign individuals and entities to...


Criminal

Jail credits and 'knowing intelligent' pleas

Oct. 9, 2018
By George K. Rosenstock

To ensure that a plea is "knowing and intelligent," criminal defense attorneys must tread carefully through the briar patch of...


Civil Litigation, Intellectual Property, Entertainment & Sports

Down the Stairway to Heaven, and into district court

Oct. 8, 2018
By Bennett A. Bigman

Based on a recent ruling by the 9th U.S. Circuit Court of Appeals, rock legends Robert Plant and Jimmy Page will return to a L...


U.S. Supreme Court, Constitutional Law

Taking back takings lawsuits

Oct. 8, 2018
By Meriem L. Hubbard

This term the Supreme Court has a chance to overturn a decades-old decision that kept many property owners out of federal courts.


U.S. Supreme Court, International Law

Secret sales and prior art

MCLE
Oct. 8, 2018
By Craig E. Countryman

This term, the Supreme Court will consider whether, under the America Invents Act, a secret prior sale can invalidate a patent.


Law Practice, Entertainment & Sports, Contracts

In a ruling heard ‘round the entertainment world, in August a superior court in Los Angeles said Johnny Depp’s oral contract w...


Law Practice, Criminal

Domestic violence: A scourge that knows no boundaries

Oct. 8, 2018
By Yvette Lopez-Cooper

October is National Domestic Violence Awareness Month. For years, law enforcement agencies, social service providers, non-gove...


Law Practice, Ethics/Professional Responsibility

The new Rule 5.5 modifies former Rule of Professional Conduct 1-300, titled “Unauthorized Practice of Law.”


Labor/Employment

Review NLRB’s proposed rule to clarify its joint-employer standard

Oct. 5, 2018
By Mellissa A. Schafer, Brandon A. Takahashi

On Sept. 14, the National Labor Relations Board proposed a rule to clarify the board’s position on this legal issue,


Law Practice, Ethics/Professional Responsibility

Closing old files will help your law firm reduce risk

Oct. 5, 2018
By Shari L. Klevens, Alanna G. Clair

It does not always occur to attorneys to formally close the matter internally and to send a file closing letter to a client.


Civil Litigation, Alternative Dispute Resolution

The dollars and sense of a discovery referee

Oct. 5, 2018
By Joyce Fahey

It’s surprising how often this sensible and cost-saving solution is overlooked.


Labor/Employment

California is stepping up

Oct. 5, 2018
By Janine Yancey

The #MeToo movement and our changing culture have been the driving force behind new California laws that increase employers’ ...


While we normally only address signed bills that have become new law in California, there were quite a number of significant v...


Intellectual Property

Recent cases have highlighted the question as to what, if any, intellectual property rights do graffiti artists, who use build...


U.S. Supreme Court, Judges and Judiciary, State Bar & Bar Associations

On Aug. 31, the American Bar Association gave Judge Brett Kavanaugh its highest rating of “Well Qualified” in connection with ...


Civil Litigation, Labor/Employment, Government

Senate Bill 1300 finally eliminates the pass given to bad actors in the workplace that was rooted in the way the “severe or p...


Government, Administrative/Regulatory

Beginning on Jan. 1, 2020, the California IoT law will require that manufacturers of any device “capable of connecting to the ...