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Columns

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California Supreme Court, Labor/Employment, Government


If we continue to "kick the can down the road," we do so at our own peril: Budgets could be slashed, services curtailed and ta...


Judges and Judiciary


Brief encounter

Nov. 6, 2017

On an unacceptable phenomenon and a brief encounter in the air.



Civil Litigation


Know and understand the Southern California deposition stipulation to project experience and protect your clients. By Davi...


Administrative/Regulatory, Securities, Corporate


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



Labor/Employment, Corporate


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


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


Some things cannot be unseen. Last term, the U.S. Supreme Court held that judges could -- and, indeed, must -- open their eyes...



Transportation, Administrative/Regulatory, Corporate


Last week, Nissan added its name to a long list of automotive manufacturers who have been ensnared in public controversy over ...


Judges and Judiciary, Law Practice, Civil Litigation


California judges presiding over civil trials often restrict jury selection in contravention of the law pertaining to this cri...



Administrative/Regulatory, Securities, Government


On Sept. 29, the SEC issued its first civil complaint against two companies and their founder for violating anti-fraud and re...


Civil Litigation, Corporate, U.S. Supreme Court, Labor/Employment


As Justice Breyer intimated, a Supreme Court decision allowing employer prohibitions on employee class actions would "overturn...



Law Practice, Corporate, Civil Litigation


Wouldn't it be nice to have everything one needs to know collected in one place? Enter "Business and Commercial Litigation in...


Administrative/Regulatory, Government, Transportation


A federal judge recently held that portions of the city of Newton, Massachusetts's ordinance attempting to regulate unmanned a...



Civil Litigation, Corporate, Contracts


Contracting parties might agree to a forum selection clause for any number of reasons: to ensure favorable legal precedent, to...


Constitutional Law, U.S. Supreme Court, Labor/Employment, Government


Time to overrule Abood

Oct. 2, 2017

The U.S. Supreme Court described laws that empower unions to coerce funds from non-union members as an “extraordinary state en...



Criminal, Civil Rights


Crime and algorithms

Sep. 29, 2017

There is a cost to be paid for the myriad benefits society derives from the use of algorithms. An occasional “date from hell,”...


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


So here’s where we are in Masterpiece Cakeshop: The lineup of eight of the justices is pretty clear, 4-to-4.



California Supreme Court, Administrative/Regulatory, Government


A city manager’s personal cellphone buzzes in the early morning hours with notice of a string of urgent texts advising about t...


Government, Securities, Corporate, Administrative/Regulatory


Chairman Jay Clayton of the U.S. Securities and Exchange Commission has reaffirmed that “[c]ybersecurity is an area that is vi...



U.S. Supreme Court, Criminal


The justices should take up U.S. v. Nosal to clarify the scope of the Computer Fraud and Abuse Act -- the statute was intended...


Constitutional Law, California Supreme Court


Carpenter v. United States implicates what is known as the third-party doctrine, under which any information voluntarily provi...



Constitutional Law, U.S. Supreme Court


Over the summer, Oregon federal public defenders asked the U.S. Supreme Court to review Mohamud v. United States, a terrorism ...


A primer on how the attorney-client privilege functions in the realm of trust administration. By Benjamin D. Fox



Two recent amendments have important practical implications for private corporations and create a framework for significant ch...


Civil Litigation


When a class action litigant seeks to discover contact information for a third party--often with respect to potential class me...



At a recent business lunch, I was surprised to hear that many attendees (most of whom are practicing attorneys) pay their chil...


Government, Tax, Civil Litigation, California Supreme Court, California Courts of Appeal


Time will tell what a recent state high court decision means for local taxation. But it appears to make it easier to pass loca...



Corporate, Intellectual Property


Choosing the right name for your company from a branding perspective is important. Equally important, however, is avoiding a n...


Administrative/Regulatory, Transportation


While fully autonomous “level 5” vehicles are still some time out, scores of automakers are already introducing level 2 (parti...



Civil Litigation, Alternative Dispute Resolution


For years, complex civil matters in Riverside County were somewhat randomly distributed to departments throughout the county.


U.S. Supreme Court, 9th U.S. Circuit Court of Appeals, Constitutional Law, Administrative/Regulatory


The U.S. Supreme Court has a chance to set things right by granting certiorari in a case involving California’s commercial fis...