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Labor/Employment, Immigration

Protecting immigrant workers' rights

Mar. 31, 2017
By Kati L. Griffith

States can do more to protect unauthorized immigrant workers' rights, particularly in light of inadequate federal support. ...


Government

Politics, law and women's health

Mar. 31, 2017
By Deborah L. Rhode

The Trump administration's agenda could make a bad situation worse and place women's reproductive autonomy at increased risk. ...


Civil Litigation, Bankruptcy

When courts can approve structured dismissals

MCLE
Mar. 31, 2017
By David S. Kupetz

In bankruptcy courts as on the playground, everyone has to wait their turn, says the U.S. Supreme Court. No cutting allowed in...


Should you file an amended return, and what are the pitfalls?


U.S. Supreme Court, Intellectual Property

New copyright test may not be the final chapter

Mar. 30, 2017
By Elliot N. Brown

One wonders whether the Supreme Court's new test will resolve or replicate the puzzles that led to this decision.


Insurance

An insurer's duty to indemnify for a settlement

Mar. 30, 2017
By Kirk A. Pasich

As one court has stated, "even if the insurer has not denied coverage or refused to defend, the insurer has a duty to accept a...


California Supreme Court

The art of the duel: the original ADR

Mar. 30, 2017
By James Attridge

Long before dueling banjos, there were dueling people, including dueling politicians. ...


Government, California Supreme Court

Jerry Brown's legacy at the high court

Mar. 30, 2017
By Joseph R. Grodin

In August, Jerry Brown will have the opportunity to appoint his 11th Supreme Court justice. But the numbers aren't the end of ...


U.S. Supreme Court, Constitutional Law

The next big takings case... maybe

Mar. 30, 2017
By Michael M. Berger

The Supreme Court has for years been unable to arrive at a simple rule for determining when a regulation constitutes a taking.


Securities, Mergers & Acquisitions, Corporate

Private equity sponsors using SPACs

Mar. 29, 2017
By Sara L. Terheggen

Historically, "special purpose acquisition companies" only appealed to hedge fund investors. But recent years have seen a shif...


U.S. Supreme Court

Ruling weighs distributions in violation of absolute priority rule

Mar. 29, 2017
By Evan M. Jones, Daniel S. Shamah

A recent Supreme Court ruling has closed the door to distribution of entire estates in violation of the absolute priority rule.


Constitutional Law, Administrative/Regulatory

Modern surveillance is mass surveillance

Mar. 29, 2017
By Jennifer Stisa Granick

Because modern surveillance is mass surveillance, Congress should pass laws that will preserve civil liberties.


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

Until last week, the educational opportunities of minor students with disabilities have been hobbled by a decision the U.S. Su...


California Courts of Appeal

Ruling is a win for vulnerable nursing home patients

Mar. 28, 2017
By Stephen Garcia, David M. Medby

A Court of Appeal held that in an action for violations of a patient's rights, a plaintiff may recover up to $500 per cause of...


Government, Administrative/Regulatory

The Trump administration's plan to eliminate federal funding for the Legal Services Corporation will hurt poor people and vuln...


Government

Because they tend to come about hurriedly at the height of financial crises, statutes regulating the industry don't always mes...


U.S. Supreme Court, Intellectual Property

Decision will hurt patent defendants

Mar. 28, 2017
By Ben M. Davidson

Last week, the U.S. Supreme Court held that the equitable defense of laches is not available as a defense to a damage claim in...


U.S. Supreme Court, Judges and Judiciary

Leaving things undecided

Mar. 28, 2017
By Lawrence Rosenthal

Since the death of Justice Scalia, there has been much talk of the Supreme Court's efforts to issue narrow decisions to avoid ...


Justices probe patent venue

Mar. 28, 2017
By Matthew K. Blackburn

On Monday, the Supreme Court will hear oral argument in an important patent case that could upend the patent venue system.


Judicial Profile

Ed Hall

Mar. 28, 2017
By Arin Mikailian

Superior Court Commissioner Orange County (Santa Ana) ...


Judges and Judiciary, Criminal

Controlling the Courtroom

MCLE
Mar. 27, 2017
By Jacqueline A. Connor

Learn about how a judge may maintain control of the courtroom in cases involving pro per defendants.


Judicial Profile

Cindy Davis

Mar. 26, 2017
By Arin Mikailian

San Diego County Judge Cindy Davis wins praise for her handling of family law disputes.


Family

While national attention is focused on the hearings examining Supreme Court nominee Neil Gorsuch, average folks are actually m...


Environmental & Energy, Administrative/Regulatory

Prop 65: If it's on the list, you mustn't resist

Mar. 25, 2017
By Daniel J. Herling

A recent ruling, however addressed a basic Prop. 65 issue: Should a certain chemical even be on a list of cancer-causing chemi...


Law Practice

Separating the facts from the fancy

Mar. 25, 2017
By Jonathan J. Kim

Can that party rely on its own interrogatory responses to prove or defend its case? In California state court, the answer is no.


Law Practice, Intellectual Property

The Northern District of California recently enacted revisions to the Patent Local Rules. The revised rules are effective imme...


Judges and Judiciary

Slow ball with Neil Gorsuch

Mar. 24, 2017
By Steven S. Kimball

The drama remaining in these confirmation proceedings consists of the skill by which a senator from the opposing party deploys...


Ethics/Professional Responsibility

Create a culture of compliance

Mar. 24, 2017
By J. Randolph Evans, Shari L. Klevens

Law firms can actively engage with employees to ensure that all are knowledgeable regarding their obligations and understand t...


Civil Litigation, Insurance

'Special justification' and punitive damages

MCLE
Mar. 24, 2017
By Rex Heeseman

More clamor for larger awards of punitive damages? The "battle" may turn on the presence (or not) of a "particularly egregious...


IRS expands Fast Track Settlement nationwide for more taxpayers

Mar. 23, 2017
By Robert W. Wood, Scott B. Weese

In the past, Fast Track Settlement has been available for complex audits -- handled by the IRS's Large Business & Internat...