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Constitutional Law

Clarifying regulatory takings

Aug. 27, 2019
By Michael M. Berger

It is time to revisit and eliminate the confusing Penn Central factors, which have hamstrung substantive takings litigation, w...


The qualified immunity dilemma

Aug. 27, 2019
By DeWitt Lacy

The continued expansion of the doctrine can only encourage law enforcement to shoot first and ask questions later, ultimately ...


Civil Litigation

Managing regret: Rule 502, the disclosure of privileged material and clawbacks

MCLE
Aug. 26, 2019
By Anthony Pacheco, Nate Wright

How do you manage the risk of producing privileged material to an adversary? Federal Rule of Evidence 502 is often used by civ...


Law Practice, State Bar & Bar Associations

Unfortunately, three sweeping new programs have been revealed by the State Bar’s Task Force on Access Through Innovation of Le...


Family, Alternative Dispute Resolution

Like King Pyrrhus and the Romans, most family law litigants come to the dispute with limited resources. In many, if not most c...


Family, Appellate Practice

Waiting for a final judgment in a family law matter means that litigants may be required to delay a long time before they can ...


Criminal

Forensic DNA profiles are powerful tools for good

Aug. 26, 2019
By Jayann Sepich

These profiles are created by crime laboratories every day — used to bring a name to unidentified remains, or to exonerate tho...


Labor/Employment, Corporate, Civil Rights

Although the ultimate fate of SB 826 is currently uncertain, we can be certain that today’s society will continue to prioritiz...


Civil Litigation, 9th U.S. Circuit Court of Appeals

Is TCPA doomed?

Aug. 23, 2019
By A. Paul Heeringa

A recent 9th Circuit opinion sets up a possible showdown in the Supreme Court that could (in theory) not only resolve the curr...


Law Practice, State Bar & Bar Associations

It is both unfortunate and telling that the State Bar of California rolled out proposals involving technology and access to ju...


Law Practice, State Bar & Bar Associations

Some kind of change is likely, but rather than lament or voice resistance rooted in primarily protectionist motivations, explo...


Education Law, Constitutional Law

The marketplace of ideas

Aug. 23, 2019
By Stephen F. Rohde

Are colleges places of robust, open debate or suffocating cloisters where only approved ideas can be expressed?


Criminal, Constitutional Law, California Supreme Court

The California Supreme Court has rejected the government's attempt to require a youth probationer, as a condition of release, ...


Civil Litigation, California Supreme Court

Class ascertainability decision leaves open questions

Aug. 22, 2019
By Michael J. Stortz, Neal R. Marder

In a narrow ruling, the California Supreme Court held that a proposed class must be defined by objective criteria.


Environmental & Energy, Administrative/Regulatory

New rules may affect scope of the ESA

Aug. 22, 2019
By Angela Jean Levin, Andrea Wortzel

One of the key initiatives of Trump’s presidency has been the reduction of regulatory burdens for infrastructure and domestic ...


Which expenses are business and which are personal? You might think it’s obvious, but your view and the IRS view may differ. T...


Labor/Employment, Corporate

California gender diversity bill faces legal challenge

Aug. 22, 2019
By Maj Vaseghi, Sarah M. Ray

As many will recall, in 2018 then-California Gov. Jerry Brown signed into law Senate Bill 826, which instituted gender quotas ...


Family

Shared kids and DVROs can put parties in a precarious position

Aug. 22, 2019
By Lisa H. Meyer, Eric W. Meyer

When the protected party and restrained party share children together, they are placed in a precarious position where they mus...


Government

As recently as in the lifetime of some of us, the United States made an offer to buy the giant island. In 1946, we were ready ...


Law Practice, Law Office Management

When a large law firm dissolves

Aug. 21, 2019
By Daniel O'Rielly, Dena Roche

The news this month that law firm LeClairRyan has decided to dissolve and shut down may not have come as much of a shock to th...


Government

Federal agencies flunk data protection

Aug. 21, 2019
By Anita Taff-Rice

Despite the multiple, massive data breaches reported by corporations over the last two years, it may be that the least secure ...


Judges and Judiciary, Criminal

Issuing a gun violence restraining order in California

MCLE
Aug. 21, 2019
By Dean Hansell, Marina Melikyan

This article describes the scope and the circumstances under which a court will issue a GVRO. It also identifies several techn...


Civil Litigation, California Courts of Appeal

No tort duty of care when reviewing loan modification applications

Aug. 20, 2019
By Regina McClendon, Lindsey Kress

The 2nd District Court of Appeal recently weighed in on the split among the courts of appeal as to whether a lender owes a tor...


Criminal, Constitutional Law, California Courts of Appeal

The Jagged Shore

Aug. 20, 2019
By Brian M. Hoffstadt

The shore defining the boundary of indigent defendants' constitutional right to forestall or forego liability for certain asse...


By the end of August 2019, more than 10,000 taxpayers will receive letters related to their virtual or cryptocurrency transact...


International Law, Government

Annexation, legally speaking

Aug. 20, 2019
By Dan Lawton

President Donald Trump’s recent musings about a U.S. purchase of Greenland have provoked mockery from Denmark to El Centro. I...


The “ART” industry is a new arena that allows women, in countries such as India, to obtain financial wealth while helping a fa...


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

A recent pair of cases from the California Supreme Court and the 9th Circuit cast doubt on the utility of time studies under C...


International Law, Intellectual Property

US and Chinese patents: commonalities and distinctions

Aug. 19, 2019
By Kory Christensen

Despite the trend toward harmonization of patent laws throughout the world, many differences still exist between countries. Th...


Labor/Employment

The fallout from the landmark California Supreme Court decision will be lengthy and far-reaching for the companies, the employ...