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Labor/Employment, Corporate, Administrative/Regulatory

Workplace fairness: statutory reform is needed

Jan. 2, 2018
By William M. Crosby

Absent a certain protected activity or status, there is no effective recourse for the abused or harassed employee under state ...


U.S. Supreme Court, Letters, Constitutional Law

A recent article by Professor Aaron Tang, "Hey, Courts: Don't be so quick to ignore political power," unabashedly advocates fo...


Many a bitcoin millionaire may be thinking like their forefathers did holding low basis stock in Microsoft, Intel or Starbucks...


Year in Review Column, State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility, Civil Litigation

In the Matter of Ethics

MCLE
Dec. 29, 2017
By Brian Slome

The State Bar Court Review Department issued a range of attorney discipline opinions this year. As usual, the most common comp...


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

Asylum law meets eminent domain

Dec. 28, 2017
By Michael M. Berger

The 9th Circuit just published an opinion that successfully weaves immigration law and eminent domain law into a coherent whole.


Year in Review Column, U.S. Supreme Court, Civil Litigation, Corporate, California Supreme Court, California Courts of Appeal, 9th U.S. Circuit Court of Appeals

States vs US high court in arbitration tug-of-war

Dec. 28, 2017
By E. Martin Estrada, Kuruvilla J. Olasa

There was a continued push-and-pull between the U.S. Supreme Court and state courts over the FAA.


Year in Review Column, Government, Administrative/Regulatory

2017 was a watershed year for cannabis regulation

Dec. 27, 2017
By Joshua Schneiderman

This year we essentially marked the end of 20 years of an unregulated market and unpredictable legal environment for medicinal...


U.S. Supreme Court, Civil Litigation, Intellectual Property

Will inter partes review survive?

Dec. 27, 2017
By Nicholas A. Brown

Over 7,000 inter partes review petitions have been filed since 2012, approximately 1,600 of which are currently pending before...


Administrative/Regulatory

Team Internet has paths forward

Dec. 26, 2017
By Corynne McSherry

The Federal Communications Commission defied the facts, flouted the law, and ignored the will of millions of Americans when it...


Securities, Civil Litigation, Corporate, Administrative/Regulatory

Market efficiency in the world of high-frequency trading

Dec. 26, 2017
By Ex Kano S. Sams II

The recent decisions of several district courts within the 9th Circuit, however, align with the 2nd Circuit's determination th...


Securities, Mergers & Acquisitions, Corporate

New Year's Resolution: Going Public

Dec. 26, 2017
By Sara L. Terheggen

The key to success is approaching the process realistically and having the strategic foresight to be prepared for changes alon...


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

Justices should uphold DNA collection law

Dec. 22, 2017
By Jayann Sepich

People v. Buza provides an opportunity to ensure that fewer people in the state are convicted of crimes they did not commit an...


Law Practice, Ethics/Professional Responsibility

Attorneys as defendants in 2017

MCLE
Dec. 22, 2017
By Kenneth C. Feldman, Alex A. Graft

Catch up on this year's legal malpractice developments.


Law Practice, Ethics/Professional Responsibility

Tips on how to obtain ‘informed written consent’

Dec. 22, 2017
By Shari L. Klevens, Alanna G. Clair

The question of what constitutes "informed written consent" can be a complicated one, depending on the circumstances.


Tax, Government, Corporate, Administrative/Regulatory

Attorneys: Get up to speed on Tax Cuts and Jobs Act

Dec. 22, 2017
By Julia Damasco, Jude Damasco, Nicholas Sanchez

Here, we have tried to provide an early and high-level overview of federal income tax issues with which California attorneys s...


Civil Litigation, California Courts of Appeal

A Court of Appeal recently had to wade into and adjudicate what was both a literal and a figurative jurisprudential "water fig...


U.S. Supreme Court, Criminal, Civil Rights

The killing of Daniel Shaver

Dec. 21, 2017
By Melanie P. Ochoa, Adrienna Wong

Two weeks ago, body camera footage of the police killing of Daniel Shaver flooded news outlets across the country, along with ...


Year in Review Column, U.S. Supreme Court, Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals

Courts provide clearer attorney fees rules

Dec. 21, 2017
By Mark C. Goodman, Brandon P. Rainey

We are seeing a current trend in how attorney fees requests are being handled by federal courts, resulting in more defined rul...


Year in Review Column, U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court, California Courts of Appeal, 9th U.S. Circuit Court of Appeals

9th Circuit reversed, again, on habeas review

Dec. 21, 2017
By Lawrence Waddington

The U.S. Supreme Court ended the year with yet another 9th U.S. Circuit Court of Appeals reversal. The high court overturned a...


Civil Litigation, Construction, California Courts of Appeal

A California Court of Appeal broadly interpreted what an insurer classified as an "ongoing operations" endorsement and emphasi...


Letters, Judges and Judiciary

It is with extreme rarity that I, as presiding judge of the San Francisco County Superior Court, would respond with displeasur...


Tax

Bitcoin tax tips at year end

Dec. 21, 2017
By Robert W. Wood


Down the PAGA hole: Guidance needed as claims go up

Dec. 21, 2017
By Gene F. Williams

With an ever increasing number of California employers requiring employees to sign arbitration agreements that include class a...


Ethics/Professional Responsibility

A recent decision from the Ninth Circuit highlights the problem when a judge participates in social media.


Year in Review Column, U.S. Supreme Court, Civil Litigation, Intellectual Property, Corporate, Appellate Practice

Where did all the patent trolls go?

Dec. 20, 2017
By Christian E. Mammen

For much of the last several years, the "patent troll problem" dominated trade-publication discussions of patent law. But the ...


Year in Review Column, U.S. Supreme Court, Civil Litigation, Corporate, California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals

Procedural rules drive class action case law

Dec. 20, 2017
By Christopher J. Lovrien, Jason C. Wright

This past year both plaintiffs and defendants had something to celebrate.


Year in Review Column, Civil Litigation, Intellectual Property, Entertainment & Sports, Corporate

Trademarks, free speech and cannabis

Dec. 20, 2017
By Jane Shay Wald

In 2017, the Supreme Court ruled for the first time that the First Amendment precluded the Patent Office from refusing regist...


Year in Review Column, Labor/Employment, Government, Corporate, Administrative/Regulatory

Predictive scheduling laws are spreading

Dec. 20, 2017
By Gary M. McLaughlin, Stephanie P. Priel

Laws combatting unpredictable scheduling practices may be the next wave of wage and hour regulation.


Tax, Government, Corporate

The Senate passed the Republican tax reform bill, the Tax Cuts and Jobs Act, early Wednesday morning. The House is expected to...


Government, Administrative/Regulatory

Return of the light-touch ISP regulation

Dec. 19, 2017
By Bennett L. Ross

Late Friday the legislative branch released its conference tax reform bill, The Tax Cuts and Jobs Act, for which voting is set...