U.S. Supreme Court, Tax, Corporate
Supreme Court petition raises important questions of agency authority
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....
U.S. Supreme Court
Consumer protection is under attack. And by the way, it’s National Consumer Protection Week.
By Jolina C. Cuaresma
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
Supreme Court grapples with what constitutes 'lands in the National Park System'
By Melissa M. Malstrom
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
Legal ethics: Rules for government lawyers as ‘gatekeepers’
By A. Marco Turk
Is the role of the attorney general “being an ‘attorney for the president or the country’”?
State Bar & Bar Associations
What will the California Attorney Practice Analysis group recommend?
By Joseph Robert Giannini
The ACLU of California, Impact Fund and California ChangeLawyers in a chapter and verse letter dated Sept. 23, 2019, sent to t...
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
The long, winding road to settling the opioid litigation
By Harry J. Nelson
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
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...
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?
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 increasing positioning and politicized federal courts
By Sanford Jay Rosen
The 9th Circuit has entered a new era of judicial positioning and politicization illustrated by its recent decisions and opini...
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
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
What will the California Attorney Practice Analysis group recommend?
By Joseph Robert Giannini
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
California’s Rule 7.3 examined: texts and messaging as solicitations
By Rachelle Cohen
Attorneys generally may not directly solicit potential clients to provide legal help. This prohibition is meant to alleviate t...
Government, Criminal
‘Rehabilitation’ shouldn’t be a dirty word in the DA’s office
By Katherine Mader
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
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
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...
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
By Laura Reathaford, Sam Garcia
The California Supreme Court’s ruling in Kim v. Reins won’t “stop” anything.
Tax
Navigating taxes in employment cases and other legal settlements
By Robert W. Wood
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?
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
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
Can intentional tortfeasors shift liability to negligent actors?
By Ted W. Pelletier
California law has long dictated that intentional tortfeasors cannot shift their liability to a merely negligent actor. A pend...
Government
Public agencies must include threats of litigation in agenda packets
By Steven P. Graham
A recent appellate ruling held that under the Ralph M. Brown Act a should include a contemporaneous record reflecting a threat...
Insurance
Exceptions to insurers’ right to rescind for inaccurate information
By Peter S. Selvin
There are exceptions to the principle that inaccurate information in an application automatically gives the insurer an absolut...
Labor/Employment
Will you sign this love contract so I don’t get fired?
By Todd R. Wulffson
When employees are involved in romantic relationships with each other, it can bring a whole host of potential problems that ne...
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
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
California Consumer Privacy Act exemptions that matter to insurers
By Elizabeth Tosaris
While many insurers doing business in California will fall within the scope of the law, it is also true that in many cases muc...