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Tax fear? Careful if you get an IRS summons

Oct. 18, 2019
By Robert W. Wood

Getting mail from the IRS — even a simple notice — can make your blood pressure rise. But what if you get something more threa...


Tax, Real Estate/Development

How can opportunity zone investors grapple with the growing likelihood of lease termination costs?


Labor/Employment, Government

What used to be OK, tolerated, and even justified as (i.e., “that’s just the way he is”) is simply not OK in workplaces in the...


Civil Litigation, California Courts of Appeal

A bad case for lawyers

Oct. 17, 2019
By Timothy D. Reuben

In an anti-SLAPP case, the court inadvertently highlighted one of the linguistic challenges in anti-SLAPP jurisprudence — what...


U.S. Supreme Court, Judges and Judiciary, Books

Bridging two centuries of developing American law

Oct. 17, 2019
By Michael L. Stern

A fresh, new biography of U.S. Supreme Court Justice Oliver Wendell Holmes, Jr. (1841-1935) gives good reason to visit the lif...


Government, Criminal, California Supreme Court

Union loss on Brady lists may be a greater gain

Oct. 17, 2019
By Daniel S. Roberts

Recent controversial police shootings have led to heightened public scrutiny of the police in the media, the legislative floor...


Labor/Employment

PAGA: The battle for employers continues

Oct. 17, 2019
By Todd B. Scherwin, Hannah Sweiss

The Private Attorneys General Act was originally enacted to allow private citizens to “help” the state of California enforce t...


Labor/Employment, Government

Recently, Gov. Newsom and former Gov. Jerry Brown signed into law legislation that has significantly improved workplace protec...


International Law, Government, Criminal

U.S. signs first bilateral data-sharing agreement under the CLOUD Act

Oct. 16, 2019
By Jonathan Cedarbaum, Ari Holtzblatt

The U.S. Department of Justice recently announced that the United States and the United Kingdom have entered into the first of...


Government, Constitutional Law

The state Legislature and Gov. Gavin Newsom are to be commended for enacting two new laws designed to deal with the problem of...


Administrative/Regulatory

Be careful what you ask for because you may get it. This old adage had particular meaning for the Federal Communications Commi...


U.S. Supreme Court, Labor/Employment

ERISA is a hot topic on the Supreme Court’s docket

Oct. 15, 2019
By Bryan Kurtz, Tad A. Devlin

There are three ERISA cases teed up on the U.S. Supreme Court’s upcoming docket for the 2019 term. In what will prove to be a ...


U.S. Supreme Court, Constitutional Law

Who knows?

Oct. 15, 2019
By Arthur Gilbert

A few months ago, I had the privilege of attending a symposium (sounds too intimidating) — how about a discussion between two ...


Tax, Government

Anticipating Elizabeth Warren’s wealth tax

Oct. 15, 2019
By Bruce Givner, Owen Kaye

Democratic Presidential Candidate Sen. Elizabeth Warren has proposed an annual 2% tax on those with a net worth over $50 milli...


Government, Ethics/Professional Responsibility

Legal ethics: Duty to preserve rule of law

Oct. 15, 2019
By A. Marco Turk

According to White House lawyers who have sworn to uphold and defend our Constitution, the document created by our founding fa...


U.S. Supreme Court, Criminal, Constitutional Law

My radical proposal is this: Where a state court misapplies — or even cites and then ignores — Supreme Court precedent, the Su...


Civil Litigation, Labor/Employment

The battle for the future of arbitration

Oct. 15, 2019
By Stephen A. Rossi

The Freedom to Contract Camp vs. the Concerned Camp


Labor/Employment, Government

Despite snag in employee pay data reporting, pay transparency marches on

Oct. 14, 2019
By Susan E. Groff, Christopher T. Patrick

California lawmakers have made pay equity a top priority and passed many related laws.


U.S. Supreme Court, Intellectual Property

The latest term of the Supreme Court began with the high court answering the peculiar question of whether the Government can r...


Civil Litigation, Labor/Employment

Retroactivity of Dynamex and AB 5

Oct. 14, 2019
By Cory L. Webster, Allison M. Scott

Despite a recent Court of Appeal ruling, uncertainty persists regarding Dynamex retroactivity


Letters, Insurance, Civil Rights

Insurer wasn't set up by claimants or lawyers

Oct. 14, 2019
By Arash Homampour

As the plaintiff attorney in Madrigal v. Allstate Indemnity Co. (not the one who drafted the policy limits demand to Allstate)...


U.S. Supreme Court, Labor/Employment, Constitutional Law, California Supreme Court

NLRA may preempt AB 5 under the Garmon doctrine

Oct. 14, 2019
By Mark S. Ross, Keahn N. Morris

While AB 5 may answer classification issues arising under state law, the new law’s possible application in National Labor Rela...


Law Practice

Writing and speaking for a living

Oct. 14, 2019
By Frank H. Wu

The point I try to impress upon students is it takes preparation. Even after 25 years in the classroom, I still need to review...


U.S. Supreme Court, Constitutional Law

States as a matter of state law may “require” electors to cast their vote according to the popular vote in the state. But what...


International Law, Administrative/Regulatory

Gearing up for the EU’s next regulatory push

Oct. 11, 2019
By H. Mark Lyon

What should companies expect to see from the European Commission in terms of comprehensive artificial intelligence regulations?


Letters, Criminal

I thought it important to point out a few things in a recent article that are misleading in the description of what the bill d...


Law Practice, Ethics/Professional Responsibility

When it comes to getting a new client’s complete file, you can’t always get what you want, but, in the words of the Rolling St...


U.S. Supreme Court, Environmental & Energy

The most significant Clean Water Act case in over a decade

Oct. 10, 2019
By Adam Link, Andre Monette

On Nov. 6, the U.S. Supreme Court will hear oral argument in a case that will decide the future application of the federal Cle...


Law Practice, Ethics/Professional Responsibility, State Bar & Bar Associations

Rule 5.4 changes -- big changes -- may be coming

Oct. 10, 2019
By Daniel O'Rielly, Dena Roche

Proposed changes to Rule 5.4 could open the door to nonlawyer investment in, and ownership of law firms, non-law firms providi...


As the scientific probe into these injuries continue, the legal ramifications surrounding the sale and manufacture of vaping p...