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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...


Government

LA County’s new voting system is what we all need

Feb. 19, 2020
By Stephen J. Kaufman

The easier, more modern system is what was envisioned after Bush-Gore


Government, Criminal

More than two centuries of independence at the U.S. Department of Justice were upended last week when political appointees, pr...


Government, Administrative/Regulatory

Two years after it was widely documented that cellular carriers were selling highly precise customer location data to third pa...


Tax

Leaving California? Watch out for an FTB audit

Feb. 19, 2020
By Robert W. Wood

If you are about to sell stock, your cash of bitcoin, your out of state real estate holdings, or settle a career lawsuit, you ...


Law Practice

Mastering the art of jury strategy

Feb. 19, 2020
By Gregory Call

In a complex commercial case, a trial lawyer has many ingredients to choose from. There are millions of pages of documents, do...


Given the potential costs and the uncertainties of predicting state and federal court juries, it makes sense that many compani...


Law Practice

Using the mini-opening to your advantage

Feb. 19, 2020
By Neil K. Gehlawat

More and more trial lawyers are making use of the “mini-opening” in their cases. When done properly, the mini-opening can be a...


As you stand before a jury delivering your opening statement, the last thing you should feel is that you can’t win. Every tria...


Government, Environmental & Energy

Voluntary agreements will avoid years of disputes over Bay-Delta

Feb. 18, 2020
By Ryan Bezerra, Jennifer Buckman

Water litigation often involves decades of conflict. Judicial and administrative litigation about the American, mainstem San J...


Labor/Employment, California Supreme Court

The debate over the Supreme Court of California's 2018 Dynamex decision - in which the state's highest court adopted the so-ca...


Criminal, Constitutional Law, California Supreme Court

Does due process require an ability to pay before imposing criminal fines? Is it fundamentally unfair to impose assessments to...


Law Practice, Government, Admiralty/Maritime

The government lawyer (part 1)

Feb. 18, 2020
By Myron Moskovitz

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


Labor/Employment, Corporate

SB 826, California’s ‘woman quota’ law, is plainly unconstitutional

Feb. 18, 2020
By Anastasia Boden, Daniel Ortner

California’s law dictating the number of women who must be hired to the boards of publicly traded California corporations (whe...


Letters, Judges and Judiciary

I have long been scratching my head over Napa County Superior Court’s contested judicial election, in which Judge Monique Lang...


Government, Criminal

Resignations expose illness at the DOJ

Feb. 14, 2020
By Carol C. Lam

Roger Stone will have his place in history, but not merely for his role as a gadfly in the president’s once-inner circle. More...


Government, Criminal

Insubordination shouldn’t be celebrated

Feb. 14, 2020
By Bilal A. Essayli

Prosecutors in the Roger Stone case lied to the attorney general about their sentencing recommendation.


State Bar & Bar Associations, Ethics/Professional Responsibility

TA recent ethics opinion from the State Bar discusses the ethical obligations of both an attorney departing a law firm, akin t...


State Bar & Bar Associations, Ethics/Professional Responsibility

This question was raised recently in opposition to proposals by the State Bar of California regarding fee-sharing and nonattor...


Family, Alternative Dispute Resolution

Mediation magic at the dependency courts

Feb. 14, 2020
By Stacey Lisk, Sidney Kanazawa

There is magic happening at the Los Angeles County Dependency Courts in Monterey Park and Antelope Valley, California. These a...


International Law, Books

Lured by the wolf

Feb. 14, 2020
By Richard Wirick

Jessica Stern’s new book ‘My War Criminal’ documents her encounters with an architect of genocide


Legal Education

Ensuring legal extern compliance with cyber protocols

Feb. 13, 2020
By Grace A. Parrish

People receive notifications about another data breach that may have affected their personal information daily. Although large...


California Supreme Court, 9th U.S. Circuit Court of Appeals

9th Circuit biometric privacy case denied, but others on the way

Feb. 13, 2020
By Michael Zeller, Ari Herbert

The U.S. Supreme Court recently declined to review a 9th Circuit decision involving a class action under the Illinois Biometri...


Intellectual Property, Corporate, Civil Litigation, Administrative/Regulatory

The 9th is set to hear oral arguments in FTC v. Qualcomm on Thursday. This appeal of District Judge Lucy Koh’s groundbreaking ...


With over half of our returns being prepared by someone else, it is no wonder that many taxpayers may feel tempted to not even...


Intellectual Property, Corporate, Administrative/Regulatory

FTC v Qualcomm: Where do you SEPpose we go from here…?

Feb. 12, 2020
By Brian Scarpelli, Alexandra McLeod

We need to unleash the unparalleled innovation capacity of America into our new markets without the constraints of Qualcomm’s ...


The FAIR Act and mandatory arbitration

Feb. 12, 2020
By Twila S. White

The federal Forced Arbitration Injustice Repeal Act would prohibit pre-disbute arbitration agreements that force arbitration o...


Securities, Government, Criminal, Corporate

2nd Circuit abandons insider trading ‘personal benefit’ test

Feb. 12, 2020
By Matthew E. Sloan, Emily Ludmir Aviad

A recent ruling sets a lower burden for bringing insider trading cases under Title 18 and will likely encourage prosecutors to...


Criminal, Constitutional Law

Face-to-face confrontation: Who should connect the dots?

Feb. 12, 2020
By Brian M. Hoffstadt

The Sixth Amendment right to confront entails, among other things, the right to have a witness “physical[ly] presen[t]” in cou...


Antitrust & Trade Reg.

A deep dive into the antitrust claims against Facebook

MCLE
Feb. 12, 2020
By Daniel Bitton, Angelina Whitfield

Four app development companies recent filed a class action suit against Facebook in the Northern District of California, alleg...