Tax
Victims of California wildfires have complex tax issues to consider
By Robert W. Wood
Are they repairing or rebuilding their property, or selling and moving away, and what does their insurance cover? Another big ...
U.S. Supreme Court, Intellectual Property
When can profits be recovered in trademark infringement cases?
By Sarah S. Brooks, Namita S. Dhawan
On June 27, the U.S. Supreme Court agreed to hear a case that may have profound and far-reaching implications for trademark law.
Civil Litigation, Law Practice
‘Approved as to form and content’ may bind counsel
By Steven H. Kruis
An attorney who signs a settlement agreement approving it as to form and content may be liable for breaching the agreement’s c...
In May 2015, The Los Angeles Times Editorial Board asked readers, “Could you live in L.A. on $221 a month?” The answer then, a...
U.S. Supreme Court, Constitutional Law
Clarence Thomas wants to overrule huge bodies of law
By Erwin Chemerinsky
One of the more notable themes of the U.S. Supreme Court's October 2018 term was how often Justice Clarence Thomas urged the o...
Accidental franchises: What you don't know can hurt your client
By Barry Kurtz, Katherine L. Wallman
Why should all business attorneys be concerned about franchise laws? Businesspeople and attorneys often are unaware that franc...
Law Practice, Civil Litigation, Appellate Practice
Appellate Adventures, Chapter 11: “Any More Tips on Drafting a Statement of Facts?”
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Criminal, Corporate, Constitutional Law
Corporate probation resulting from a criminal conviction: an enigma
By George B. Newhouse Jr.
Mitt Romney once remarked that “corporations are people, my friend.” He was partly right. Corporations are like people, only d...
Judge Manuel Real was among the last of a vanishing breed of larger-than-life federal judges who run their courts in their own...
Singapore Mediation Convention signing in August
By Thomas Klitgaard
On June 26, the United Nations Commission on International Trade Law approved the final draft of the Singapore Mediation Conve...
Government, Entertainment & Sports
Fair Pay to Play Act gains momentum
By Aaron B. Swerdlow
While the debate over compensation for college athletes is nothing new, two senators from California have championed a bill th...
Ethics/Professional Responsibility, State Bar & Bar Associations
What to do when you hear from the State Bar
By Murray Greenberg
The purpose of this series of articles is to show you what steps to take when contacted by the State Bar. While this might see...
Law Practice, Ethics/Professional Responsibility
To market, to market!
By Louie H. Castoria
Ethical lawyer advertising can be like a high-wire act.
Civil Litigation
Remedies for the wrongful destruction of trees
By Paul D. Beechen
This article discusses causes of action for the wrongful destruction of trees, including a measure of damage that remains unte...
U.S. Supreme Court, Constitutional Law, Administrative/Regulatory
High court's Kisor ruling: only a scene in a larger drama
By David DeGroot
The death of federal court deference to agency interpretations of ambiguous regulations, commonly known as Auer doctrine, has ...
Civil Litigation, Law Practice, Appellate Practice
Prompt payment doesn’t waive your right to appeal
By Eric S. Boorstin
Last week the governor signed Assembly Bill 1361, which will add Section 695.215 to the Code of Civil Procedure, clarifying th...
Government, Environmental & Energy, Administrative/Regulatory
Will the wave of PFAS litigation hit California?
By Steven H. Goldberg, Leila Bruderer
In the last year, litigation involving per- and polyfluoroalkyl substances has spiked across the nation. To date this litigati...
The Central District’s Conviction and Sentence Alternatives works, but since its inception fewer than 500 defendants have been...
Labor/Employment
More states are requiring cannabis companies to engage a union
By Jinouth Vasquez Santos
As more and more states go green, the higher the likelihood that cannabis companies will need to engage a union. In particular...
On July 3, the 3rd U.S. Circuit Court of Appeals shook the world of online commerce when it held in a 2-to-1 opinion that Amaz...
Civil Litigation, Labor/Employment, California Supreme Court
Storms on the horizon after high court’s Dynamex ruling
By Irene Scholl-Tatevosyan, Benjamin J. Kim
In early 2018, the California Supreme Court changed the way California businesses approach the use of independent contractors ...
U.S. Supreme Court, Civil Litigation, Labor/Employment
Strategies shift after Epic Systems
By Gary M. McLaughlin, Christopher K. Petersen
In May 2018, the U.S. Supreme Court held that class action waivers in employee arbitration agreements do not violate the Natio...
Labor/Employment
Employees must be paid for every minute
By Jennifer M. Protas, Laura C. Riparbelli
The California Supreme Court, after having been petitioned by the 9th U.S. Circuit Court of Appeals to answer this question, h...
Labor/Employment
The rights of transgender and non-binary employees
By Camille H. Pating
Recent California laws and regulations provide protections for transgender and non-binary employees, ranging from expanding t...
Civil Litigation, California Supreme Court, California Courts of Appeal
Heimlich shut the ‘back door’ to vacating arbitration awards
By Stephen L. Raucher
But was this the correct policy choice? It should be noted that the Burlage holding never really “caught on” as a successful b...
All employers should be prepared and plan ahead for unexpected illicit behavior of their employees. The criminal detention of ...
Labor/Employment
Data privacy concerns for human resources executives
By Katherine S. Catlos, Jean Liu
California has undertaken an ambitious initiative designed to enhance privacy protections for consumers — which includes emplo...
Nearly three years after California voters approved a ballot measure decriminalizing the recreational use of cannabis, and mor...
Labor/Employment, California Supreme Court
Are unpaid summer internships still legal?
By Andre Y. Bates
For many California companies, summer brings a fresh crop of young and enthusiastic interns eager to improve their future empl...
Civil Litigation, Labor/Employment
Time to reconsider nonsolicitation provisions?
By Michele Haydel Gehrke, Anne Cherry Barnett
Until recently, employee nonsolicitation provisions were believed to be the last post-employment restrictive covenant that Ca...