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Letters, Government, Criminal

California bill banning use of for-profit prisons is a game changer

Oct. 9, 2019
By Jackie Gonzalez, Hamid Yazdan Panah

California is on the brink of passing one of the most comprehensive bills on incarceration and detention in the country. Assem...


Military Law, Judges and Judiciary, Criminal

California’s Veterans Treatment Courts

Oct. 9, 2019
By Eileen C. Moore

The trauma of jail can set veterans on a backward course


International Law, Intellectual Property, Government

The DTSA and the China Initiative

Oct. 9, 2019
By David S. Bloch, Xavier Brandwajn

What impacts have they had on civil trade secret litigation in the Northern District of California?


Intellectual Property, Corporate

Cannabis sales are safe from potential tariff wars as the international transportation of cannabis is not yet approved. Many c...


Intellectual Property, Criminal

Criminal prosecution of federal trade secret theft

Oct. 9, 2019
By Sara J. O’Connell

Review factors that federal prosecutors consider when determining whether to bring criminal trade secret theft charges.


Civil Litigation, Labor/Employment, Intellectual Property

California's longstanding emphasis on employee mobility and unique skepticism of most noncompete agreements is well-known. Sti...


Civil Litigation, Intellectual Property

The inevitable disclosure doctrine infers improper use and/or disclosure of a former employer’s trade secrets from the circums...


Intellectual Property, Corporate

Companies rely on trade secrets for competitive advantage. Theft of those assets hurts them by empowering competitors who have...


Intellectual Property

Any port in a storm

Oct. 9, 2019
By Nick Transier, John H. Barr Jr.

Why patent subject matter eligibility has innovators thinking about trade secrets.


U.S. Supreme Court, Civil Litigation

Supreme Court to examine discovery rule in FDCPA cases

Oct. 8, 2019
By Jean-Claude André

Sometimes small cases hit the big stage. Rotkiske v. Klemm began with a debt collection agency filing a complaint in Philadelp...


Labor/Employment

Employers and social media: What is there not to ‘like’?

Oct. 8, 2019
By Michele Haydel Gehrke

Today’s employers face new challenges regarding their employees’ use of social media that raise important compliance issues. S...


Labor/Employment, Government

Since Gov. Gavin Newsom signed Assembly Bill 5 by Assemblymember Lorena Gonzalez (D-San Diego) on Sept. 18, many Capitol obser...


Government, Constitutional Law

Impeachment

Oct. 8, 2019
By Julie A. Werner-Simon

Shouting and blasting from synagogues to Washington DC


Civil Litigation, Construction

In 2015, the California Legislature passed Assembly Bill 219 which amended the state’s prevailing wage law to add Labor Code S...


Civil Litigation, Letters

Legislation won’t fix broken discovery process

Oct. 8, 2019
By Richard C. Leonard

I read with interest State Sen. Thomas Umberg’s column on Senate Bill 17 aimed at mitigating gamesmanship in civil litigation....


Labor/Employment

Employers now have access to a great deal of information about applicants and employees from a wide variety of sources, but us...


Law Practice, Ethics/Professional Responsibility

What ethical obligations arise when an attorney is required to withdraw from representation because the client’s claim(s) lack...


Government, Constitutional Law

For almost three years we have been witnessing the partisan reality show that is our president and Congress.


The First Monday

Oct. 7, 2019
By Blaine H. Evanson, Lauren M. Blas

The U.S. Supreme Court was largely able to avoid controversy in the cases it decided last term, but when the justices return t...


Insurance, Civil Rights

Conditional settlement demands: defusing third-parties’ tactics

Oct. 7, 2019
By Albert K. Alikin, Landon Greene

California Supreme Court Justice Otto Kaus once prophetically said, “It seems to me that attorneys who handle policy claims ag...


U.S. Supreme Court, Constitutional Law

What is discrimination because of ‘sex’?

Oct. 7, 2019
By Rex S. Heinke, Jenna M. Nalchajian

The U.S. Supreme Court will hear arguments on the issue this week.


Civil Litigation, Appellate Practice

Appellate lawyers in trial courts?

Oct. 7, 2019
By Myron Moskovitz

Recently, trial attorneys have begun to call me at the outset of a case, while it’s still in the trial court. “This case invol...


U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court

The state has a compelling interest in encouraging victims to report their abuse so that their assailants can be prosecuted fo...


Law Practice

As fully autonomous vehicles stuffed with Artificial Intelligence (“AI”) ready to take to our roadways and commandeer the live...


Alternative Dispute Resolution

The taxonomy of mediators

Oct. 4, 2019
By Michael H. Leb, Paul P. Cheng

Bullies, butterflies, status quo and compliance


Law Practice, Ethics/Professional Responsibility

Due increasing lateral movement, it is more important than ever that firms take a close look at who they are hiring and how to...


U.S. Supreme Court, Environmental & Energy

Critical amendments in 1972 forever changed the protection of WOTUS. Simply put, it became unlawful for any person to discharg...


Law Practice, Family

Valuing the professional goodwill of an attorney in divorce

Oct. 4, 2019
By Timothy D. Reuben, Stephanie I. Blum

The courts have struggled with this topic for years, leading to uncertainty and allowing widely varying opinions from forensic...


U.S. Supreme Court, Civil Litigation, Intellectual Property

High court will address split over trademark infringement remedies

Oct. 3, 2019
By Benjamin L. Wagner, Katherine Harihar

The U.S. Supreme Court granted certiorari in Romag Fasteners, Inc. v. Fossil Inc., 18-1233, to resolve a circuit split regardi...


Ethics/Professional Responsibility

Politics aside, how far is a lawyer permitted ethically to go in assisting a client?