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Environmental

Troubled waters at the U.S. Supreme Court

Jan. 26, 2017
By Skip Spaulding

It is difficult to envision a scenario in which the current "waters of the United States" rule survives. The Trump administrat...


Law Practice

While terms and conditions depend on the type of website and business, all companies should consider important provisions. By ...


Tax

Startups should reconsider organizing as LLCs

Jan. 25, 2017
By Peter J. Elias

Recent tax law developments should cause entrepreneurs to re-think a few common assumptions. By Peter J. Elias and Tim Curry ...


Investments

Alternative lending likely here to stay

Jan. 25, 2017
By David M. Nemecek

"Alternative lenders" have taken significant market share over the last few years. Their newfound prevalence can be attributed...


Perspective

Deposing expert witnesses

Jan. 25, 2017
By Gene Tanaka

If they are being honest, most attorneys will admit that deposing the expert can be frightening and frustrating. By Gene Tanak...


Litigation

High court takings decision took a few short cuts

Jan. 25, 2017
By Basil S. Shiber

The recent Property Reserve decision may have cut some constitutional corners in search of an answer. By Bill Shiber ...


Intellectual Property

Advertisers using metatags must be wary of the risks of doing so until the courts more firmly define the boundaries of this ar...


Securities, Mergers & Acquisitions, Corporate

Dual-track IPO process is gaining steam

Jan. 24, 2017
By Sara L. Terheggen

Given volatile market conditions, the trend for companies undertaking a simultaneous launch of an IPO and merger and acquisiti...


Ethics/Professional Responsibility

Public agency legal bills: Are they privileged?

Jan. 24, 2017
By Derek P. Cole

The California Supreme Court's last opinion of 2016 raises more questions than it answers. Most notably, for attorneys who pro...


Litigation

Lack of SMJ won't preclude a fee award

Jan. 24, 2017
By Sarah Hofstadter

The California Supreme Court recently held that a court which lacks subject matter jurisdiction over a dispute may still award...


Perspective

Student loan regulations may hinder recovery

Jan. 24, 2017
By Mark O. Suttle

While the Department of Education is giving billions in debt relief to students who took out federal student loans to attend d...


GC Email

Court to hear cap-and-trade arguments

Jan. 24, 2017
By Phillip H. Babich

On Tuesday, the 3rd District Court of Appeal will hear oral arguments on whether California Air Resource Board's collection of...


Securities

Lessons to heed in 2017 IPO market

Jan. 24, 2017
By Christopher Austin

In 2016, technology company initial public offering activity and capital raised for U.S. offerings fell to their lowest levels...


Securities, Government, Corporate, Administrative/Regulatory

Year in review: the SEC in 2016

Jan. 24, 2017
By Nicolas Morgan, Sam S. Puathasnanon

With the pending confirmation of new SEC Chair Jay Clayton and an administration committed to curtailing Dodd-Frank, the comin...


Judicial Profile

Maame E. Frimpong

Jan. 24, 2017
By Arin Mikailian

Los Angeles County Judge Maame Frimpong brings a formal, diligent approach to the bench.


Judicial Profile

Kathleen Roberts

Jan. 22, 2017
By Arin Mikailian

Orange County Judge Kathleen Roberts acknowledges she is a stickler for proper procedure.


Litigation

A Court of Appeal recently affirmed the usage of the government contractor defense, but the decision leaves room for continued...


Judges and Judiciary

Support the institution of justice

Jan. 21, 2017
By James P. Gray

Judges and lawyers alike must do their parts to cultivate and ensure the public's respect for our great system of justice. ...


Litigation

The Trademark Trial and Appeal Board, the administrative agency at the USPTO that handles trademark disputes, recently announc...


Insurance

'Concurrent causation' doctrine spreads

Jan. 21, 2017
By Daniel A. Johnson

Courts should follow Florida's lead and look to the concurrent cause doctrine to resolve causation dilemmas. By Daniel A. John...


Law Practice, Law Office Management

Realistic expectations for partners and firms

Jan. 21, 2017
By Daniel O'Rielly, Dena Roche

Recent legal news headlines suggest that most lateral partners do not meet revenue expectations at their new firms in their fi...


Law Practice

Know who your firm's employees are

Jan. 21, 2017
By Jeffrey D. Polsky

To comply with federal, state and local employment laws, a law firm must first understand who its employees are. That's not al...


U.S. Supreme Court, Labor/Employment

May the best act win: FAA vs. NLRA

Jan. 21, 2017
By Eric B. Kingsley

In three consolidated class action waiver cases, the Supreme Court hosts an epic battle between the Federal Arbitration Act an...


Personal Injury & Torts

Property owners who take proactive measures to prevent and reduce the likelihood of injuries on their property are in the best...


Perspective

Can water actually be turned into wine?

Jan. 20, 2017
By Michael B. Newman

The U.S. will sell no synthetic wine before its time — in this case, before complying with a panoply of regulatory hurdles. By...


Constitutional Law

If we want to know how history will judge the Dylann Roof death penalty trial in 150 years, look no further than the 2016 Man ...


A recent decision may permit plaintiffs to defeat these motions by using vague, generically pleaded complaints. ...


Education Law, Criminal

Due process and on campus sexual assault

Jan. 20, 2017
By David Urban

Four prominent cases, one expected within about the next 12 months, may contain critical guidance to public and private instit...


Perspective

Study casts doubt on use of 'showups'

Jan. 20, 2017
By Mitchell L. Eisen

When police are in pursuit of a suspect matching a particular description shortly after a crime has been reported, any citizen...


Data Privacy

Although bank customers possess statutory and constitutional privacy rights in their bank records, at least one district court...