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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...


Corporate, Administrative/Regulatory

Revised draft CCPA regulations provide more clarity, but questions remain

Feb. 25, 2020
By Lindsey Tonsager, Danielle Kehl

Earlier this month, the California Attorney General moved one step closer to implementing the California Consumer Privacy Act ...


U.S. Supreme Court, International Law, Criminal, Civil Litigation

Opati v. Republic of Sudan focuses on whether Congress intended for a statute authorizing punitive damages against state spons...


U.S. Supreme Court, Immigration, Constitutional Law

Supreme Court to consider broad immigration-speech law

Feb. 25, 2020
By Molly Alarcon, Erin Kuka

The federal government will defend the constitutionality of a law that prohibits “encouraging” or “inducing” undocumented nonc...


State Bar & Bar Associations, Ethics/Professional Responsibility

The State Bar Court’s most powerful tool

Feb. 24, 2020
By Jennifer Teaford

Any allegation of professional misconduct by the State Bar prosecutor’s office is cause for serious concern for an attorney. B...


Government, Administrative/Regulatory

False Claims Act enforcement under the Trump administration

Feb. 24, 2020
By Jim Zelenay Jr., Sean S. Twomey

The FCA has long served as the federal government's primary mechanism for rooting out fraud and corruption by companies doing ...


Civil Litigation, Banking

In recent years, state regulators and private plaintiffs have attempted to circumvent and undermine a regime of legal certaint...


Labor/Employment, Government

Newsom’s trailer bills and possible consequences for employers

Feb. 24, 2020
By Susan E. Groff, Cecilie E. Read

In addition to the budget itself, employers should be aware of other pro-employee provisions the governor seeks to effectuate ...


Health Care & Hospital Law, Administrative/Regulatory

FDA, FTC issue joint statement on efforts to support market for biologics

Feb. 24, 2020
By Georgia C. Ravitz, James R. Ravitz

To help ensure increased biosimilar licensing and consumer and healthcare provider awareness of the benefits of biosimilars, t...


Appellate Practice

Lawyering is hardly as dramatic, but the movie ‘Man on Wire’ offers an analogy to the tightrope a lawyer must walk when presen...


Government, Constitutional Law

Is California’s travel ban constitutional?

Feb. 21, 2020
By Josh McDaniel, Phillip Shaverdian

A travel ban case is back at the U.S. Supreme Court, but this case has nothing to do with immigration. This case is a dispute ...


Contracts

Expect parties to look to force majeure provisions.


Law Practice

Best practices for opening and closing statements

Feb. 21, 2020
By Michael Betz, Charles Jarrell

The art of trial work is being able to be flexible given what’s going on in the courtroom.


Alternative Dispute Resolution

Sunk costs

Feb. 21, 2020
By Greg Derin

How your mediator can help you avoid eating liver and onions


Entertainment & Sports, Alternative Dispute Resolution

I have thoroughly enjoyed this fast moving and entertaining documentary about the game scandal.


Criminal

This action by the Los Angeles District Attorney should serve a clarion call to others around the state to follow suit.


Labor/Employment, Civil Litigation, Alternative Dispute Resolution

Court order explains preliminary enjoinment of enforcement of Assembly Bill 51

Feb. 21, 2020
By Thomas H. Petrides, Harrison M. Thorne

Judge Kimberly Mueller issued a detailed written ruling earlier this month in which she stressed that the plaintiffs are “like...


Government, Corporate, Civil Litigation, Administrative/Regulatory

The Granston memo: two years later

Feb. 20, 2020
By Brian J. Hennigan, Padraic W. Foran

It is safe to say that the current presidential administration has not grown any fonder of or kinder to whistleblowers.


Tax, Securities, Civil Litigation

Blockchain’s unexpected upsurge in litigation

Feb. 20, 2020
By Barrington Dyer

While securities fraud remains atop as the most active area for blockchain litigation — due in part to the rush towards initia...


Government, Criminal

Justice reform should rely on fact

Feb. 20, 2020
By R.J. Dreiling

The “conviction-and-incarceration-obsessed district attorney” is a common caricature used among “progressive prosecutors” look...


Government, Constitutional Law

Moving away from checks and balances

Feb. 20, 2020
By Erwin Chemerinsky

The intense partisanship surrounding the Trump impeachment, and more generally around the Trump presidency, has obscured the e...


The California Court of Appeal recently examined a novel legal theory made by a Muslim husband who claimed that he was fraudul...


Antitrust & Trade Reg.

Antitrust and big data

Feb. 20, 2020
By Howard M. Ullman

Although there is certainly no express exemption for big data written into the Sherman Act, determining exactly how antitrust ...


Law Practice

Avenatti: When tough lawyering becomes extortion

Feb. 20, 2020
By Neama Rahmani

When a federal jury convicted celebrity attorney Michael Avenatti of attempted extortion last week, it sent a clear message: T...


Labor/Employment, Civil Litigation, California Supreme Court

Employers pay when employees bring their baggage to work

Feb. 19, 2020
By Steven B. Katz, Christin Lawler

Last week, California again parted ways with federal wage and hour standards to increase protections for the Golden State’s em...