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Labor/Employment, Immigration, Corporate

What to know while DACA is in flux

Jan. 24, 2018
By Brandon T. Milostan, Wendy E. Lane

With so much uncertainty surrounding employment-immigration laws, employers should be aware of a few best practices.


U.S. Supreme Court, Intellectual Property

Patenting AI: Why incentives to innovate should be restored

Jan. 24, 2018
By Ben Hattenbach, Gavin Snyder

As large as investments in the area have been, the long-term economic and societal benefits of artificial intelligence are pro...


Corporate, Alternative Dispute Resolution

Hacked? Don’t waste time pointing fingers

Jan. 24, 2018
By Daniel B. Garrie, Michael Mann

Cybersecurity attacks, data breaches and hackings can be devastating and demoralizing to a company, leaving it with a difficul...


Securities, Mergers & Acquisitions, Civil Litigation, Corporate

Is it the end of deal litigation as we know it?

Jan. 23, 2018
By Amy S. Park, Claire A. McCormack

The SEC’s recent Compliance and Disclosure Interpretation regarding Regulation G should bring an end to one popular claim tha...


U.S. Supreme Court, Securities, Government, Corporate, Administrative/Regulatory

Justices will consider a broad range of securities issues this term

Jan. 23, 2018
By Alex G. Romain, Jenna G. Williams

These cases deal with the statutory interpretation of the Dodd-Frank Act and its whistleblower protections, the jurisdictional...


States are trying to bring back net neutrality

Jan. 23, 2018
By Anita Taff-Rice

In the wake of the FCC's decision to remove net neutrality rules, some state legislatures, including California's, have stated...


Insurance, California Courts of Appeal

In 2017, California appellate courts issued several insurance-related decisions. Three are of particular significance.


Tax, Corporate

Under the Tax Cuts and Job Act enacted last month, the ability to make miscellaneous itemized deductions -- including for mana...


U.S. Supreme Court, Securities, Constitutional Law, Administrative/Regulatory

SEC ALJs and the accumulation of power

Jan. 22, 2018
By Oliver J. Dunford

The U.S. Supreme Court will decide whether the Securities and Exchange Commission's use of administrative law judges violates ...


Securities, Government, Corporate, Administrative/Regulatory

Cryptocurrency actions signal new trend at SEC

Jan. 22, 2018
By Kenneth Herzinger, Rob Stern

The Securities and Exchange Commission’s recent initial coin offering enforcement actions signal a new trend in securities enf...


Labor/Employment, Government, California Supreme Court, California Courts of Appeal

Since a pension dispute in Alameda has been remanded back to the trial court for further consideration, we are in for a longer...


Securities, Civil Litigation, Corporate, California Courts of Appeal

Ruling in Apple case provides shareholder litigation guidance

Jan. 22, 2018
By Richard S. Horvath Jr.

The decision gave derivative lawsuit guidance involving review demand futility claims, the Braddock rule, and the applicabilit...


Civil Litigation, California Courts of Appeal, Appellate Practice

Lawyers who try to game the system by appealing a frivolous anti-SLAPP motion may succeed in causing their opponent undue cost...


Civil Litigation, Law Practice, Appellate Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


Tax, Corporate

‘To C or not to C?’ is the question under new tax law

Jan. 22, 2018
By Bruce Givner, Owen Kaye

The most striking aspect of the new tax law is the corporate tax rate reduction to 21 percent. What does this mean for us and ...


Tax, Criminal

Consider a backdoor route to bitcoin IRS amnesty

Jan. 22, 2018
By Robert W. Wood

Amnesty seems overdue. Even government officials have mentioned the idea of an IRS tax amnesty. There’s a good deal of tax cle...


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

DACA decision won’t hold up

Jan. 19, 2018
By Mitchell Keiter

Unfortunately, cynics who insist judges are just political actors with robes now have their "exhibit A": Judge William Alsup's...


Civil Litigation, Labor/Employment, Government, Administrative/Regulatory

PAGA priorities should become clearer in 2018

Jan. 19, 2018
By Jeffrey C. Bils

California is setting priorities for its role in monitoring the resolution of claims under the 14-year-old Private Attorneys G...


The current investigation by the Los Angeles County district attorney into Sheriff's Department files on officers with a recor...


Civil Litigation, Law Practice, Ethics/Professional Responsibility, State Bar & Bar Associations, Alternative Dispute Resolution

Mediation confidentiality changes on the horizon

Jan. 19, 2018
By A. Marco Turk

A new day could be dawning in California for mediation confidentiality. The state's Law Revision Commission, after express aut...


Military Law, Government, Criminal

Command influence tainted Bergdahl case

Jan. 19, 2018
By William W. Bruzzo

Is a man who did not bother to learn the facts of the case, and who deferred the draft five times and never served, in a posit...


Civil Litigation, International Law

Best practices for early patent damages contentions in ND Cal

Jan. 19, 2018
By Jed Greene, Scott Spertzel

The Northern District of California revised its local patent rules last year, requiring the patent holder to provide early dam...


Law Practice, Ethics/Professional Responsibility

Lawyers shouldn’t let themselves drown in emails

Jan. 19, 2018
By Shari L. Klevens, Alanna G. Clair

While email is often used to send important information and documents, it is by no means a foolproof method of communication f...


Law Practice, Law Office Management

Resolution: Dust off the partnership agreement

Jan. 19, 2018
By Daniel O'Rielly, Dena Roche

Since it's the new year, it's a good time to tackle those things you been meaning to do, but never do. Clean the closets. Exer...


Real Estate/Development, Civil Litigation, Construction

An unfortunate trend developing in California is a tendency to mete out justice based on who or what you are, rather than base...


Law Practice

We all have many benefits by living in this great country, but as citizens we also have some obligations. One is for each of u...


U.S. Supreme Court, Letters, Criminal, Constitutional Law

Silk Road column has fatal flaw

Jan. 19, 2018
By Richard A. Nixon

A Jan. 10 article by attorney Tor Ekeland, "Searches, seizures and the Silk Road," advocates for updating the Fourth Amendment...


Tax

Whenever you disagree with the IRS, procedure is important. Pay attention to the order in which notices arrive, and to the spe...


U.S. Supreme Court, Civil Litigation, Labor/Employment, Administrative/Regulatory

Justices weigh overtime rules

Jan. 18, 2018
By Christian J. Scali, Jennifer Woo Burns

On Wednesday, the nation's highest court heard oral argument in a case which may send a broader signal as to whether the Trump...


Government, Environmental & Energy, Administrative/Regulatory

Environmental court battles take a backseat

Jan. 18, 2018
By R. Morgan Gilhuly, David M. Metres

There was no shortage of litigation, but it was climate change and policy shifts and climate change that made the biggest impact.