Year in Review Column, Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals
Class action litigation in the 9th Circuit
By Neal R. Marder, Andrew S. Jick
This year was an eventful one in the area of class action litigation, particularly in the 9th U.S. Circuit Court of Appeals.
Judges and Judiciary, Government, Constitutional Law, Appellate Practice
Hey, courts: What about political power?
By Aaron Tang
Judges should display a distinctive degree of trust to laws that burden powerful groups for at least three reasons.
Corporate, Construction, California Supreme Court, Appellate Practice
How far will litigants stretch Right to Repair Act ruling?
By Garret D. Murai
A California Supreme Court ruling is going to cause builders of newly constructed residential homes to lose some sleep. While ...
Government, Administrative/Regulatory
Regulators: approach cannabis with caution, not puns
By Joseph M. Nicchitta
As Los Angeles County's first cannabis management officer, it is my job to implement the cannabis regulatory policies of the L...
Twitter argues it should not be liable for ISIS's acts committed with its Twitter account. This accords with our intuitive und...
Government, Administrative/Regulatory
Combined cannabis rules simplify things for cities
By Nicole Howell Neubert
The state of California's release of emergency medical and adult-use cannabis regulations last month was a true turning point ...
Civil Litigation, Intellectual Property, Entertainment & Sports, California Supreme Court, Appellate Practice
Hey Joe, you going to pay for that public performance?
By Matthew B. Becker
The California Supreme Court will soon decide whether a public performance right exists within state law for sound recordings ...
Labor/Employment, Government, Family
Surrogacy solicitation in Congress adds new wrinkle
By Judith Daar
Rep. Trent Franks (R-Ariz.) reportedly asked two female staffers to serve as gestational carriers -- and his resignation has l...
Civil Litigation, California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals
Damages by any other name: UCL ‘restitution’ models
By Kirsten Hicks Spira, Wesley M. Griffith
Two district courts recently reexamined what types of recovery models are permissible under California's Unfair Competition La...
U.S. Supreme Court, Labor/Employment, Constitutional Law, California Supreme Court
Argicultural labor relations case may go to high court
By Luke A. Wake
Is it even constitutional for government to force a business (or anyone) into a contract where there is no actual agreement?
Civil Litigation, California Supreme Court, Appellate Practice
Error in failing to issue statement of decision not reversible per se
By Wendy Lascher
The California Supreme Court was recently asked: "Is a trial court's error in failing to issue a statement of decision upon a ...
Tax, Government, Administrative/Regulatory
IRS is hunting bitcoin via Coinbase, but is amnesty coming?
By Robert W. Wood
Don't get excited or fearful just yet. The IRS has not yet announced a tax amnesty for people who failed to report their gains...
U.S. Supreme Court, Government, Constitutional Law, Administrative/Regulatory
Everything that's not forbidden is allowed
By David DeGroot
In a speech at the Federalist Society's annual dinner on Nov. 16, Justice Neil Gorsuch introduced a term previously unknown to...
Law Practice, Ethics/Professional Responsibility, Administrative/Regulatory
Count 1: Practicing law without a license
By Ralph Barat Saltsman, Stephen Warren Solomon
It took until autumn 2017 for the California attorney general to recognize that only a licensed attorney can lawfully represen...
Civil Litigation, Government, Corporate, 9th U.S. Circuit Court of Appeals
Reach of FCA's 'government-action bar' expanded
By Thomas P. O'Brien, Daniel Prince
The appellate court held that the False Claims Act provision barred an alleged whistleblower's "me too" lawsuit because it was...
Civil Litigation, Law Practice, Alternative Dispute Resolution
The Litactional Lawyer
By Robert S. Mann
What transactional lawyers can teach litigators about settlements.
Law Practice, Law Office Management
Law firm worst-case scenarios for partner departures
By Daniel O'Rielly, Dena Roche
Law firms reacting to partner or group departures should plan ahead to avoid the potential negative effects of partner departu...
Law Practice, Ethics/Professional Responsibility
Tips for avoiding common risks in the holiday season
By Shari L. Klevens, Alanna G. Clair
While the holiday season is of course a time for celebration, it unfortunately can also be a stressful time for attorneys.
Real Estate/Development
Residential Solar Rights
California is a leader in promoting alternative energy sources, including the use of solar power in connection with residences...
Artificial intelligence promises to disrupt everything, and security may be the first sector where AI delivers on this promise.
Year in Review Column, Mergers & Acquisitions, International Law, Government, Corporate, Antitrust & Trade Reg., Administrative/Regulatory
US-China M&A in the protectionist-in-chief era
By Kai Wang
During his presidential campaign, Donald Trump made no secret of his belief China has gotten the better of the United States i...
Year in Review Column, Civil Litigation, Intellectual Property, Corporate
Trade secrets and computer fraud claims persist
By Brent Caslin, Eugene Lim
Headlines across the U.S. regularly reported allegations of theft by tech executives, while computer hacking stories became al...
U.S. Supreme Court, Corporate, Constitutional Law, Civil Rights
Expect justices to overrule double-standard policy
By William J. Becker Jr.
The Supreme Court can be expected to overrule the Colorado Civil Rights Commission's policy favoring sexual orientation over ...
U.S. Supreme Court, Corporate, Constitutional Law, Civil Rights
Cake arguments show that it’s still the Kennedy court
By Erwin Chemerinsky
Ninety minutes of oral argument reaffirmed what everyone thought before the case was argued: It all depends on Justice Anthony...
Labor/Employment, Constitutional Law, California Supreme Court
Court set incredibly easy standard in agricultural labor dispute case
By Damien M. Schiff
The California Supreme Court unanimously upheld the constitutionality of California's "mandatory mediation and conciliation" p...
Securities, Intellectual Property, Corporate
Startup diligence is more than ‘basic IP diligence’
By Desmond P. O'Sullivan
Wise investors closely scrutinize the IP of their targets by doing basic IP diligence. But doing only basic diligence can leav...
Civil Litigation, Letters, California Courts of Appeal, Appellate Practice
Simple remedy left out of column
By Louis A. Lipofsky
Steven Kruis' article bringing to our attention a recent opinion dealing with the enforcement of settlement agreements is help...
U.S. Supreme Court, Real Estate/Development, Government, California Supreme Court, Administrative/Regulatory
State Legislature cannot repeal the laws of supply and demand
By Gideon Kanner
The latest batch of legislation is advertised as a solution to our housing crisis; it imposes new taxes on real estate transac...
U.S. Supreme Court, Constitutional Law, Civil Rights
Cake goes to court
By Julie A. Werner-Simon
As fires consumed the outskirts of the Los Angeles basin fueled by strong Santa Anas, religious fervor heated up Tuesday morni...
Year in Review Column, Civil Litigation, California Supreme Court, Appellate Practice
Anti-SLAPP statute turns 25 with a bang
By Michael J. Shipley
This year saw three decisions by the California Supreme Court regarding the quarter-century-old law.