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U.S. Supreme Court, Labor/Employment, California Supreme Court

The last waltz with the FAA

May 19, 2017
By Steven B. Katz

A U.S. Supreme Court ruling on Monday reemphasizes the notion that its time for California courts stop dancing around the Fede...


Government, Environmental & Energy, Administrative/Regulatory

Today, with climate deniers in charge in Washington, D.C., it is more important than ever for California to stay the course in...


Judges and Judiciary, Civil Rights

Maintain professionalism in depositions

MCLE
May 19, 2017
By J. Randolph Evans, Shari L. Klevens

To avoid the ire of the court and serious sanctions, attorneys taking and defending depositions should conduct themselves as i...


Labor/Employment, Administrative/Regulatory

Local cannabis laws and drug testing pitfalls

May 18, 2017
By Ryan A. McCoy

Amid the constantly shifting tide of laws at the federal, state and local levels, employers must ensure compliance with Califo...


Administrative/Regulatory

Protecting the traveler, and sometimes the travel industry

May 18, 2017
By Laurie E. Sherwood, Sadaf A. Nejat

Until case law addressing the Travel Consumer Restitution Corporation waiver develops, there is no certainty as to how differe...


Government, Criminal, Administrative/Regulatory

Keep feds out of our cannabis business

May 18, 2017
By Reginald Byron Jones-Sawyer, Lynne Lyman

Assembly Bill 1578 would prohibit the federal government from forcing local agencies to assist in enforcing federal marijuana ...


The EU General Data Protection Regulation, which becomes effective next May, is a warning shot fired across the Atlantic -- th...


Labor/Employment, California Supreme Court

Resurrecting the 'spirit' of the 7th day of rest

May 18, 2017
By Wendy Mcguire Coats, Katherine P. Sandberg

With its origins reaching back thousands of years, the history behind this law is richer than you think. ...


Law Practice

Litigation funding won't fuel frivolous suits

May 17, 2017
By Deborah Hensler

Such funding is unlikely to produce an upsurge of frivolous litigation, though it could produce a wave of law firm startups.


Civil Litigation, Law Practice, Health Care & Hospital Law

Clearly, the law has not kept pace with inflation. Indeed, in 1975, the median price home in California cost $41,600. Today, t...


Intellectual Property

Implications for prefiling activity under AIA

May 17, 2017
By Abhijit P. Adisesh

As a result of a recent Federal Circuit ruling, there may be implications concerning prefiling commercial activity that practi...


Tax, Probate

A recent case demonstrates that, sometimes, the law recognizes equity.


U.S. Supreme Court, Constitutional Law

SEARCH WARS: Return of the Judiciary

May 17, 2017
By Brian M. Hoffstadt

Whereas the first two articles looked at the present and the past, respectively, this article looks to the future by asking ho...


Judicial Profile

Poli Flores Jr.

May 17, 2017
By Arin Mikailian

Superior Court Judge Imperial County (Brawley) ...


Corporate, Contracts, California Courts of Appeal

Contracts may hold up, even if signer had no authority to bind

May 16, 2017
By Iain Mickle, Andrea L. Bacchi

In a recent appellate ruling, the court determined that third parties may benefit from a statutory safe harbor whereby an agre...


Government, Administrative/Regulatory

Law firms can take a page from Macron

May 16, 2017
By Anita Taff-Rice

Living in the age of cyberhackers, law firms should consider reverting to landline phone calls and paper documents to protect ...


Civil Rights

It doesn't matter why the state Supreme Court rejected the rule. What matters is that prosecutors continue to seek convictions...


Tax, Government, Administrative/Regulatory

California needs to create a court devoted to tax

May 16, 2017
By Bruce Givner, Owen Kaye

A state tax court would expedite justice by encouraging out-of-court settlement, a key feature of the federal tax court system.


U.S. Supreme Court, Constitutional Law, Civil Rights

Ruling is important victory for civil rights

May 16, 2017
By Erwin Chemerinsky

The U.S Supreme Court gave civil rights plaintiffs an important victory when it ruled that the city of Miami had standing to s...


U.S. Supreme Court, Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

The cautionary tale of the Black Pearl

May 16, 2017
By James P. Marion

The Walt Disney Company narrowly held onto future "Pirates of the Caribbean" booty on May 2, to little fanfare.


Health Care & Hospital Law, California Courts of Appeal

Future medical expenses thrown into an ACA flux

May 16, 2017
By Jeffrey D. Wolf

A California Court of Appeal decision recently injected politics and the country's health care debate into a routine personal ...


U.S. Supreme Court

Foreign sovereign immunity incertitude

May 16, 2017
By Scott J. Street

This month, the U.S. Supreme Court issued its decision in a closely watched case against a foreign government that raised ques...


U.S. Supreme Court, Constitutional Law

SEARCH WARS: The Fifth Amendment Strikes Back

May 16, 2017
By Brian M. Hoffstadt

If the U.S. Supreme Court defined privacy in terms of what protects our personhood, it would obviate an inquiry into the wheth...


California Courts of Appeal, Appellate Practice

Appellate decision rejects trail immunity in Pasadena case

May 15, 2017
By Dana M. Howard, Marc Tran

An court has rejected the city of Pasadena's assertion of trail immunity when a child was hit in the head with a golf ball whi...


International Law, Government

The long-prophesized 'Chinese Century'

May 15, 2017
By Anna M. Han

As a longtime observer of China, a year or perhaps even 100 days ago I would have characterized China as a country that is the...


Appellate Practice

Statement of facts: Part III

May 15, 2017
By Myron Moskovitz

Any appellate judge will tell you that the standard of review is the first thing they look for in a brief.


Environmental & Energy, Administrative/Regulatory

Proposed CEQA reforms would destroy key provisions

May 15, 2017
By Adrian Martinez

What so-called CEQA "reformers" fail to mention is that their proposed changes would severely weaken many of CEQA's key provis...


Law Practice, Appellate Practice, 9th U.S. Circuit Court of Appeals

The California Circuit?

May 15, 2017
By Benjamin G. Shatz

Actually, there once was such a circuit; let's take a look back to understand its place in history.


U.S. Supreme Court, Constitutional Law

SEARCH WARS: A New Hope for Definitional Clarity

May 15, 2017
By Brian M. Hoffstadt

A long time ago, in a courtroom far far away, a disturbance in the Fourth Amendment first manifested itself. ...


Judicial Profile

William Lehman

May 14, 2017
By Arin Mikailian

Superior Court Judge Imperial County (El Centro) ...