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Environmental & Energy, 9th U.S. Circuit Court of Appeals

Can courts help avoid an environmental apocalypse?

Jan. 27, 2020
By Erin Daly, Helen Kang

On Jan. 20, the 9th Circuit found that a “substantial evidentiary record [that] documents that the federal government has long...


Law Practice, Labor/Employment, Civil Rights

A good place to start trying to effect change is in our own profession. Because we lawyers love our pretentious Latin phrases,...


Securities, Mergers & Acquisitions, Corporate

IPOs vs. SPACs: 2 paths to public

Jan. 27, 2020
By Sara L. Terheggen

Initial public offerings are generally viewed as the option of choice for companies who have reached a critical juncture in th...


Government, Administrative/Regulatory

Dealing with deepfakes

Jan. 27, 2020
By Melanie J. Howard, Adam Shapiro

California and social media platforms take aim at deepfakes while federal lawmakers take a 'studied' approach.


Letters, Entertainment & Sports

Column on horse death investigation is misguided

Jan. 27, 2020
By Nathaniel J. Friedman

In a word, these dilettantes that have nothing better to do with their time than attack horseracing will go to their graves in...


Military Law, Health Care & Hospital Law, Government

Fixing Feres

Jan. 24, 2020
By Antoinette Balta, Brendan M. Ford

Under U.S. Supreme Court precedent known as the “Feres doctrine,” active members of the military, along with their heirs, are ...


Ethics/Professional Responsibility

As was publicized recently in the press, a slimmer, weakened appearing, and clean-shaven Harvey Weinstein showed up at a court...


Law Practice, Appellate Practice

The 7 deadly sins of legal writing

Jan. 24, 2020
By Louie H. Castoria

Don’t let your writing be false, late, noncompliant, unsupported, unpersuasive, unfocused or boring.


Law Practice, Law Office Management

Time to dust off your law firm partnership agreement

Jan. 24, 2020
By Daniel O'Rielly, Dena Roche

We counsel our law firm clients to be at least as diligent about planning ahead for their own practices as they would suggest ...


Bankruptcy

In the decision of In re PW, LLC, the Bankruptcy Appellate Panel for the 9th Circuit held that the protections provided to a b...


Entertainment & Sports

Recent horse deaths prompt calls for industry change

Jan. 23, 2020
By Elizabeth Holtz

Regardless of the fate of any legislative initiatives, it’s clear that the industry will have to change — and soon. As people ...


Labor/Employment

Keep on truckin’ (for now): AB 5 may not apply to truckers

Jan. 23, 2020
By Annette Mijanovic, Philip McDermott

For decades, the trucking industry has used owner-operators to provide the transportation of property in interstate commerce. ...


Judges and Judiciary, California Supreme Court, Appellate Practice

Justice Leondra R. Kruger by the numbers

Jan. 23, 2020
By Kirk C. Jenkins

Today, we turn our attention to the sixth in our series of data-driven profiles of the justices of the California Supreme Cour...


Immigration, Government

The power of California’s Sanctuary Law: SB 54 after 2 years

Jan. 23, 2020
By Elizabeth M. Fratarcangeli

In 2018, the California Senate Bill 54, aka the California Values Act and more commonly known as the “sanctuary city law,” bec...


Civil Litigation, Law Practice, Criminal

Getting the most out of an expert at trial

Jan. 22, 2020
By Jaime L. Bartlett

It is not uncommon for lawyers to lament the moment that a jury trial becomes a “battle of the experts” — years of work develo...


U.S. Supreme Court, Labor/Employment, Alternative Dispute Resolution

The enforceability of class waivers in arbitration agreements

Jan. 22, 2020
By Richard T. Fields, Barry D. Kaye

Examine the pitfalls in drafting an enforceable arbitration clause after Lamps Plus v. Varela


Law Practice, Alternative Dispute Resolution

Negotiation checklist

Jan. 22, 2020
By Sidney Kanazawa

As we start the new year, here is a checklist for your case negotiations. Since 98% of all cases filed do not proceed to trial...


Government, Administrative/Regulatory

Almost three years after Equifax belatedly announced it had suffered one of the largest data breaches in history, litigation i...


Government, Criminal

Prosecutors care about victims

Jan. 22, 2020
By Marc Debbaudt

I was a deputy public defender for four years before I became a career (31-year) deputy district attorney. I believe in the va...


International Law, Government, Constitutional Law

FISC: Who’s watching the watchers?

Jan. 22, 2020
By Jeffrey A. Aaron

The FISC should have applied the same standard for its amicus appointment as for the judges themselves, or that of an appearan...


U.S. Supreme Court, Tax, Government

2019’s top 10 California SALT developments

Jan. 22, 2020
By Eric J. Coffill, Alexandra Louderback

While compared to some years in the past, 2019 was not a “big” year in terms of the overall number of California developments ...


Government, Administrative/Regulatory

Earlier this month the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act was signed into law. TRA...


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

In a recent ruling, a unanimous panel upheld summary judgment for the defendants. The court found probable cause, reasonable s...


Corporate

SHAREHOLDER ACTIVISM 2020

Jan. 21, 2020
By David J. Berger

What to expect and how to prepare.


Law Practice, Labor/Employment, Civil Rights, Alternative Dispute Resolution

A significant blow to firms looking to arbitrate discrimination claims

Jan. 21, 2020
By Gay C. Grunfeld, Cara E. Trapani

A California Court of Appeal decision has dealt a significant blow to law firms seeking to force women lawyers to arbitrate cl...


Environmental & Energy, Constitutional Law, 9th U.S. Circuit Court of Appeals

9th: Climate is just too complicated for the courts

Jan. 21, 2020
By Dave-Inder Comar

The en banc court's Jan. 17 message to the plaintiffs in Juliana v. United States, was clear: You're right about your constitu...


Law Practice, Appellate Practice

Write to dream

Jan. 21, 2020
By Myron Moskovitz

A while back, I dabbled in writing screenplays. One of the books on how to write a script said something that has stuck with m...


Labor/Employment

This will cause a major disruption to the legal system that relies on the availability of interpreters to communicate with cli...


U.S. Supreme Court, Health Care & Hospital Law

Insurers fight to get their promised Affordable Care Act premium subsidies

Jan. 21, 2020
By Vinay Bhupathy, Christine Clements, Arytan Dahukey, Dhara Waghela

Three consolidated cases are the latest cases related to the Affordable Care Act to make their way to the Supreme Court. Last ...


Government, Administrative/Regulatory

Reforming the internet

Jan. 17, 2020
By Douglas E. Mirell, Joshua Geller

Recognizing the sea change in information technology in the 21st century, Congress is finally beginning to consider in earnest...