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Labor/Employment, Alternative Dispute Resolution

Arbitration is failing California employees

Jun. 6, 2019
By Genie Harrison

How is arbitration working for California employees? The consensus among plaintiffs' lawyers is that it favors employers, cons...


U.S. Supreme Court, Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals

US Supreme Court undercuts California prisoner suits

Jun. 6, 2019
By Tobias G. Snyder

While Nieves v. Bartlett involved an allegation of retaliatory arrest, the 9th Circuit’s approach in such cases is similar to ...


Military Law, Family

One might assume the home front would carefully guard the parental rights of those who serve or have served in our armed force...


Securities, Government, Corporate, Administrative/Regulatory

Cybersecurity and the future of SEC enforcement

Jun. 5, 2019
By Michael M. Farhang

What responsibilities do U.S. public companies have to prevent theft of company funds through cybercrime? Recent Securities an...


Civil Litigation, Labor/Employment

Class action waivers: Green light or stop sign?

Jun. 5, 2019
By Mary Dollarhide, Nathan Kiyam

We are at an interesting crossroads: Recent U.S. Supreme Court decisions gave employers the green light to use mandatory arbit...


Government, Banking, Administrative/Regulatory

SB 51, which passed by a 35-1 vote on May 21, would allow for the creation of state-chartered cannabis banks or credit unions ...


Civil Litigation, Labor/Employment

Nonsolicitation agreements: new challenges to enforcement in California

Jun. 4, 2019
By Paul S. Cowie, Nora K. Stilestein

Recently state and federal courts alike have expanded the interpretation of California law to void not only covenants not to c...


Judges and Judiciary, California Supreme Court, California Courts of Appeal

Supreme removal

Jun. 4, 2019
By Benjamin G. Shatz

Here at Exceptionally Appealing, we assume that the appellate bar is a cut above the ordinary, and therefore far less likely t...


Law Practice

‘Discrimination’ and discrimination

Jun. 4, 2019
By Frank H. Wu

Sometimes we fail to distinguish between discriminating based on bias on the one hand and being discriminating in the sense of...


U.S. Supreme Court, Government, Constitutional Law

What if... ?

Jun. 4, 2019
By Myron Moskovitz

The year is 2026. I managed to snag an interview with the president.


Animals are classified as property under the law in all 50 states, but changes in divorce statutes are challenging that paradi...


Last week the U.S. Supreme Court agreed to review a case involving a Border Patrol shooting at the Mexican border. Its result ...


Criminal, Constitutional Law, California Supreme Court

While the Supreme Court is widely expected to uphold the confidentiality of peace officer personnel records, it is unclear whe...


Civil Litigation, California Supreme Court

On Monday, the California Supreme Court held that, notwithstanding defendant’s timely submission of a request for costs under ...


Tax, Government, Constitutional Law

If these cases are upheld on appeal, which seems likely, the House will have breached Trump’s “redline” refusal to turn over h...


Tax, Real Estate/Development, Government

California Gov. Gavin Newsom has proposed some tweaks to the federal government’s opportunity zone regulations which could lim...


Securities, Corporate

SEC proposes easing financial disclosure burden on buyers and sellers

Jun. 3, 2019
By Jeffrey H. Cohen, David A. Niemeyer

On May 3, the Securities and Exchange Commission proposed numerous changes to the financial disclosure requirements under Regu...


Judges and Judiciary, Constitutional Law

An insightful look at state constitutional law

Jun. 3, 2019
By Arthur Gilbert

I recently attended a talk by Judge Jeffrey Sutton who sits on the 6th U.S. Circuit Court of Appeals. The subject was a book h...


Environmental & Energy

Can California bury its wildfire risk?

May 31, 2019
By Ronald Liebert

In response to the growing wildfire danger and liability risks faced by the electric utilities, a variety of wildfire mitigati...


Education Law

What is the deal with Jefferson v. Compton?

MCLE
May 31, 2019
By Gregory J. Rolen, Renata L. Hoddinott

Some California school districts are employing a little-known practice loosely titled, “Recommendation for Reassignment,” to d...


Constitutional Law

Attacks on the freedom of the press

May 31, 2019
By David A. Greene

Julian Assange. Bryan Carmody. Each incident is a troubling incursion on First Amendment freedoms. One is a flat-out violation...


With the recent discoveries of multiple purported handwritten wills from the late soul legend Aretha Franklin, what the heirs ...


Health Care, Pharmaceuticals, Biotech

Who’s your daddy? Ancestry tracing reveals shattering truths

May 31, 2019
By Judith Daar, Sigal Klipstein

With the advent of online ancestry tracing, a growing number of "switched sperm" cases are being revealed. Devastatingly, a co...


Law Practice, Ethics/Professional Responsibility

California’s new Rules of Professional Conduct, effective Nov. 1, 2018, put new two factors at the top of the list of 13 eleme...


Real Estate/Development, Government, Environmental & Energy

Sweeping legislative change is vitally important, necessary and justified to strike a better balance between state and local ...


Criminal, Constitutional Law, California Supreme Court

The California Supreme Court will hear oral argument in ALADS v. Superior Court on June 5. The court must hold that law enforc...


U.S. Supreme Court, Civil Rights

Justice Thomas’ evolving pro-consumer jurisprudence

May 30, 2019
By Stephen J. Newman

Conventional wisdom holds that there is now a solid pro-business majority on the U.S. Supreme Court. A 5-4 decision on Tuesday...


He was one of the most feared criminal figures of the 1970s and 1980s. Suspected to have committed multiple murders and dozens...


U.S. Supreme Court, Civil Litigation, Bankruptcy

Are stay relief denials automatically appealable?

May 29, 2019
By David S. Kupetz

On May 20, the U.S. Supreme Court granted certiorari in Ritzen to address the question of whether an order denying a motion fo...


Government, Constitutional Law, 9th U.S. Circuit Court of Appeals

If you see a fork in the road, take it

May 29, 2019
By Michael M. Berger

The 9th Circuit recently had the chance to referee a dispute between the rights granted to agricultural labor unions by the Ca...