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Tax, Labor/Employment

Unemployment benefits are only for people who are (or were) employed. Yet, you might be surprised that unemployment benefits s...


U.S. Supreme Court, Criminal, Civil Rights

Righting the ship on juvenile justice

Oct. 27, 2017
By Meredith Desautels, Ji Seon Song

This month, in one fell swoop, Gov. Jerry Brown signed into law an array of bills putting California on the forefront of juven...


Government, Administrative/Regulatory

Bill package addresses affordable housing issues

Oct. 27, 2017
By David G. Ritchie

Some of the bills impact cities and counties and how issues relating to affordable housing and approvals are handled at the lo...


Immigration, Government, Administrative/Regulatory

Dreamers need a law, not an executive order

Oct. 26, 2017
By Frank V. Zerunyan

With all due respect, the assurance of the president of the United States, who on more than one occasion said, "Dreamers shoul...


Transportation, Government, Administrative/Regulatory

The governor signed Senate Bill 182 to allow transportation network companies and participating drivers to obtain a single bus...


Labor/Employment, Government, Administrative/Regulatory

Gov. Jerry Brown recently signed Senate Bill 396 to address employment issues regarding gender identity, gender expression and...


Civil Litigation, California Courts of Appeal, Appellate Practice

Anti-SLAPP in the probate world

Oct. 26, 2017
By Alana H. Rotter

Probate litigation is booming, with more than 44,000 new cases filed in California last year. So it is no surprise that anti-S...


U.S. Supreme Court, Constitutional Law, California Courts of Appeal

Keep your options open

Oct. 25, 2017
By Michael M. Berger

I often quote to my students the wisdom of famous legal philosopher Yogi Berra: "When you come to the fork in the road, take i...


Tax, Real Estate/Development

You may never sell your personal residence, or other property. But if you do, odds are you'll have taxes to pay. With a person...


Administrative/Regulatory

Law makes new rules for automatic renewals

Oct. 25, 2017
By Chris Micheli

Gov. Jerry Brown signed Senate Bill 313 to deal with automatic renewals and continuous service offers.


Securities, Mergers & Acquisitions, Corporate

Weighing the IPO decision

Oct. 24, 2017
By Sara L. Terheggen

It would not surprise anyone to learn that more companies are staying private longer. While 2017 has seen an uptick in the num...


Labor/Employment, Corporate, Construction

Gov. Jerry Brown recently signed Assembly Bill 1701 to address labor wage liabilities owed by subcontractors.


Intellectual Property, Entertainment & Sports

Death of music rumors are greatly exaggerated

Oct. 24, 2017
By Bernard A. Burk

There are millions of registered musical works original enough for copyright.. Some were undoubtedly written by the very same ...


U.S. Supreme Court, Constitutional Law, Appellate Practice

The case no one is talking about

Oct. 23, 2017
By Ben Feuer

When the Supreme Court hears Patchak v. Zinke early next month, it will address one of the trickiest tensions in the Constitut...


Judges and Judiciary

Improving discovery dispute resolution in California state courts

Oct. 23, 2017
By Charles Stevens Crandall, Jeffrey Y. Hamilton Jr.

Discovery disputes rarely involve difficult questions of law. Many involve nothing more than intractable positions maintained ...


Civil Litigation, California Supreme Court, California Courts of Appeal

Can the internet provide reliable case-specific facts?

Oct. 23, 2017
By Thomas A. Delaney

The shockwaves from the unanimous California Supreme Court decision People v. Sanchez, 63 Cal. 4th 665 (2016), continue to rev...


Law Practice, Criminal

The National Association of Criminal Defense Lawyers has been the self-described "preeminent" criminal defense organization fo...


U.S. Supreme Court, Letters, Constitutional Law

The usual gun advocate apologia

Oct. 23, 2017
By Nathaniel J. Friedman

Donald Kilmer's cri de coeur, "Second Amendment is not a second-class right," (Oct. 17, 2017) is the usual apologia of the gun...


Civil Litigation, Law Practice, Judges and Judiciary, Alternative Dispute Resolution

We all agree on mediation confidentially

Oct. 20, 2017
By A. Marco Turk

This is rare: Both the organized plaintiffs' bar and the organized defense bar believe our current right to choose confidentia...


Civil Litigation, Environmental & Energy, Corporate, Administrative/Regulatory

New law makes modest changes to Proposition 65

Oct. 20, 2017
By Chris Micheli

The bill requires the attorney general to provide written notification that he or she does not believe there is merit to an en...


Law Practice, Ethics/Professional Responsibility

Alternative fee arrangements and ethics

Oct. 20, 2017
By Shari L. Klevens, Alanna G. Clair

One thing to keep in mind with regard to an alternative fee arrangement is to make sure everyone is talking about the same thi...


Civil Litigation, Alternative Dispute Resolution

The Arc of Mediation

Oct. 20, 2017
By Douglas G. Carnahan

Mediations -- successful ones anyway -- follow an "arc," or script of their own, and an understanding of the "mediation arc" i...


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

Cops are coming for your cellphone, again

Oct. 19, 2017
By Scott A. Sugarman

You may have thought the contents of your cellphone were private. Sadly, the very recent decision in People v. Sandee, 15 Cal....


U.S. Supreme Court, Government, Constitutional Law

Letting the democratic process work

Oct. 19, 2017
By Erwin Chemerinsky

The Supreme Court should hold in Gill v. Whitford that challenges to it can be heard in the federal courts and explain that d...


Securities, Corporate, Administrative/Regulatory

Growing risk of insider trading on data breaches

Oct. 19, 2017
By Joshua M. Robbins, Adam M. Sechooler

Shortly after the major Equifax hack, the SEC and Department of Justice opened insider trading investigations based on allegat...


Labor/Employment, Corporate, Administrative/Regulatory

New salary history law raises new questions

Oct. 19, 2017
By Arthur F. Silbergeld

Assembly Bill 168, recently approved by Gov. Jerry Brown, prohibits an employer from asking a job applicant about salary his o...


Civil Litigation, Law Practice, Appellate Practice

The last thing a party challenging personal jurisdiction wants to do is slip into a general appearance and thereby "consent" t...


Labor/Employment, Corporate

Lessons from Delaware on noncompete best practices

Oct. 19, 2017
By Marc Boiron, Morgan McCombe

A recent Delaware Court of Chancery decision serves as a good reminder regarding best practices and current laws when Californ...


Labor/Employment, Corporate, Administrative/Regulatory

New parental leave mandate

Oct. 19, 2017
By Chris Micheli

Gov. Jerry Brown signed Senate Bill 63 to create a new unlawful employment practice related to parental leave. The bill create...


Law Practice, Judges and Judiciary, Ethics/Professional Responsibility

Eight.

Oct. 18, 2017
By Robert L. Bastian Jr.

The number Eight. This diatribe against the overuse of nondisclosure and confidentiality agreements is brought to you by Eight...