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U.S. Supreme Court, Tax, Corporate

Supreme Court petition raises important questions of agency authority

Mar. 3, 2020
By Edward L. Froelich, Bernie J. Pistillo

Altera Corporation, a subsidiary of Intel and a leading manufacturer of programmable logic devices, recently petitioned the U....


Since President Trump took office, the nation has been on a crash course in Constitutional Law. Rarely a week goes by without ...


U.S. Supreme Court, Environmental & Energy

Lat month the Supreme Court heard arguments in a case that has significant implications for the construction of the Atlantic C...


Government, Ethics/Professional Responsibility

Is the role of the attorney general “being an ‘attorney for the president or the country’”?


State Bar & Bar Associations

The ACLU of California, Impact Fund and California ChangeLawyers in a chapter and verse letter dated Sept. 23, 2019, sent to t...


Law Practice, Government, Appellate Practice

The government lawyer

Mar. 2, 2020
By Myron Moskovitz

As a young government lawyer, It didn’t take me long to learn that politics can override good policy.


Health Care & Hospital Law, Civil Litigation

2020 is likely to be a decisive year for opioid litigation settlements.


U.S. Supreme Court, Securities

Supreme Court to hear challenge to SEC’s ability to obtain disgorgement

Mar. 2, 2020
By Peter I. Altman, Nathaniel B. Botwinick

The Securities and Exchange Commission has relied on disgorgement of ill-gotten gains as one of its main and most effective en...


Labor/Employment

What to consider when settling PAGA cases

Feb. 28, 2020
By Wynne S. Carvill

The increasing use of arbitration clauses, coupled with class action waivers in standard employment agreements, has led to a d...


California Supreme Court

When are jury trials available in enforcement actions?

Feb. 28, 2020
By Willis M. Wagner

The state high court will soon decide if and when jury trials are available in these actions, including Prop 65


Judges and Judiciary, 9th U.S. Circuit Court of Appeals

The 9th Circuit has entered a new era of judicial positioning and politicization illustrated by its recent decisions and opini...


Law Practice

Voir dire: connect and project

Feb. 28, 2020
By Michael D. Schwartz

While many a trial attorney may be of the opinion that jurors make up their minds during opening statements, I disagree.


Entertainment & Sports, Civil Litigation, California Courts of Appeal

‘Baseball rule’ is in its 9th inning

Feb. 28, 2020
By Michael E. Rubinstein

Practitioners who are familiar with the onerous rule that has barred injured plaintiffs from recovering for their foul ball in...


State Bar & Bar Associations

There is an enormous gap between the need for civil legal services and most people’s ability to access legal help. More than h...


Law Practice, Ethics/Professional Responsibility

Attorneys generally may not directly solicit potential clients to provide legal help. This prohibition is meant to alleviate t...


Government, Criminal

Having spent the last 45 years participating in the Los Angeles criminal justice system from all angles (prosecutor, defense a...


U.S. Supreme Court, Law Practice, Civil Litigation

Gone but not forgotten

Feb. 27, 2020
By Steven B. Katz

State courts shouldn’t ask counsel to appear to report on removed cases


Environmental & Energy, Administrative/Regulatory

New PFAS rules may increase treatment costs, spur litigation

Feb. 27, 2020
By Steven H. Goldberg, Leila Bruderer

The new lower PFAS levels will result in many more public water systems with wells exceeding the new response levels, and more...


Family

Kanye may know a thing or two about child support

Feb. 27, 2020
By Jacqueline Combs

You hear it all the time: “She’s a gold digger.” “He’s a scrub.” “They’re just living off the child support to fund his/her li...


Labor/Employment, Civil Litigation, California Supreme Court

When employee protection becomes calamity

Feb. 27, 2020
By Laura Reathaford, Sam Garcia

The California Supreme Court’s ruling in Kim v. Reins won’t “stop” anything.


All plaintiffs collecting money care about taxes, and the tax treatment of litigation damages is varied and complex. But the r...


Labor/Employment, Civil Litigation, California Supreme Court

Do state wage laws apply to workers here for just a day?

Feb. 27, 2020
By David E. Mastagni, Isaac Sean Stevens

The California Supreme Court is expected to decide whether state laws governing wage statements and minimum wage apply to empl...


Mergers & Acquisitions, Antitrust & Trade Reg., Administrative/Regulatory

In T-Mobile and Sprint merger, court sidesteps the economics

Feb. 26, 2020
By Jonathan Rubin, Tim LaComb

This is the rare antitrust case that can be reduced to a credibility contest between testifying witnesses or decided correctly...


Civil Litigation

California law has long dictated that intentional tortfeasors cannot shift their liability to a merely negligent actor. A pend...


Government

A recent appellate ruling held that under the Ralph M. Brown Act a should include a contemporaneous record reflecting a threat...


There are exceptions to the principle that inaccurate information in an application automatically gives the insurer an absolut...


Labor/Employment

When employees are involved in romantic relationships with each other, it can bring a whole host of potential problems that ne...


Constitutional Law

Dropping Hurricane Harvey’s other shoe

Feb. 26, 2020
By Michael M. Berger

Rule number one for property owners and their counsel in physical takings cases is that the one thing you do not want to hear ...


Labor/Employment

PRO Act would make ‘ABC test’ the law of the land

Feb. 25, 2020
By Ronald L. Zambrano

The Protecting the Right to Organize Act, recently passed by the house, would be a major overhaul of the National Labor Relati...


Insurance, Corporate, Administrative/Regulatory

While many insurers doing business in California will fall within the scope of the law, it is also true that in many cases muc...