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Civil Litigation, Insurance, California Supreme Court

In Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, S253593, the California Supreme Court is considering a ...


Alternative Dispute Resolution

Are customized arbitration provisions the answer?

MCLE
Sep. 30, 2019
By Julie R. F. Gerchik, Michael L. Smith

While arbitration may risk unbridled discretion by the arbitrator or ultimately involve the same inefficiency of traditional l...


Civil Litigation, Family

Smith v. Szeyller: If you snooze, you lose

Sep. 30, 2019
By Glen M. Reiser

The potential ramifications in conflicts involving trusts are significant


Intellectual Property

Can the U.S. Patent Office handle 'artificial inventors'?

Sep. 30, 2019
By David V. Sanker Ph.D, Jianbai "Jenn" Wang Ph.D

Over the past 230 years, patent law has adapted to accommodate new types of technology. The adaptations can be slow, inconsis...


Civil Rights

In a 4-3 decision, and after many months of deliberation, the Arizona Supreme Court issued a narrow ruling on Sept. 16 in Bru...


Intellectual Property, Corporate

The scourge enveloping Silicon Valley: trade secret theft

Sep. 27, 2019
By Lawrence M. Hadley, Christopher N. McAndrew

As recent cases have exposed, trade secret theft from former employees and potential business partners have become a scourge i...


Law Practice, Government

Comments on guidance on guidance

Sep. 27, 2019
By Frank H. Wu

During the middle of his tenure, Attorney General Jeff Sessions promulgated meta-guidance: guidance on guidance documents. Unl...


Labor/Employment, Government

Much of the discussion lately has been centered on AB 5, California's new worker classification law, but there are other bills...


Entertainment & Sports

A piece of the pi

Sep. 26, 2019
By Benjamin E. Shiftan

A bill on the governor's desk would allow California athletes to finally earn name, image and likeness compensation


Tax, Government, Constitutional Law

The ongoing battle for Trump’s tax returns

Sep. 26, 2019
By Charles S. Doskow

After argument, on September 19 the federal judge in Sacramento and granted the injunction on the enforcement of California's ...


Civil Litigation, Intellectual Property

Survey says: Not so fast in secondary meaning cases

Sep. 26, 2019
By Antonio R. Sarabia II


Judges and Judiciary, Ethics/Professional Responsibility

How to hold misbehaving judges accountable

Sep. 25, 2019
By Dylan Hosmer-Quint

Judges should be held to the highest of ethical standards, and there's no reason they should keep a reward, like a pension, if...


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

Definitional theft as government policy? Not so fast

Sep. 25, 2019
By Michael M. Berger

It should have come as no surprise when the 9th U.S. Circuit Court of Appeals looked askance on a definitional game played by ...


U.S. Supreme Court, Constitutional Law

A bankruptcy proceeding isn’t ordinarily what you think of as a Supreme Court blockbuster. But when the bankruptcy proceeding ...


Corporate

The pitfalls of being an in-house lawyer

Sep. 25, 2019
By Maurice Sanchez

Legal publications abound with articles about the benefits of working as an in-house attorney. Being in-house, however, brings...


Labor/Employment, Government, California Supreme Court

AB 5: Time to get Uber it and move on

Sep. 24, 2019
By Ronald L. Zambrano

The reports of Uber’s death, to paraphrase Mark Twain, are greatly exaggerated. When Governor Newsom signed AB 5 into law, he ...


Tax, Civil Litigation

Purdue settlements and others as tax deductions

Sep. 24, 2019
By Robert W. Wood

In America, litigation and lawyers are costs of doing business. Businesses can and do deduct their legal costs. And in most ca...


Civil Litigation, California Supreme Court

Anti-SLAPP: The catchall that caught too much

MCLE
Sep. 24, 2019
By Jason D. Russell, Hillary A. Hamilton

In three recent decisions, the California Supreme Court appears to have launched a campaign to curb the broad application of C...


Government, Civil Rights

The Los Angeles City Council is on the verge of enacting our own Right to Counsel Program, providing legal counsel to tenants ...


Civil Litigation, California Supreme Court

Sanchez revisited: A better way to handle objections

Sep. 24, 2019
By Timothy D. Reuben

The California Supreme Court wreaked havoc on the trial courts when it issued its decision in People v. Sanchez, 63 Cal. 4th 6...


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

The two imperatives of the First Amendment

Sep. 23, 2019
By Mitchell Keiter

Do free speech principles prohibit political bias on media like YouTube and Twitter, or do these sites enjoy a property right ...


Labor/Employment, Government

Following last year's Senate Bill 1343 and its expansion of harassment prevention training requirements for supervisory and no...


Law Practice

When did we become old?

Sep. 23, 2019
By Frank H. Wu

I am in the wrong line of work. But I am fine with that. Nowadays, we have to transition to the internet. I’m among the last o...


Judges and Judiciary, Ethics/Professional Responsibility, State Bar & Bar Associations

AB 242 recognizes that many judges and lawyers have implicit negative biases against minority groups including. It would autho...


Law Practice, Ethics/Professional Responsibility

Performing preventative maintenance on your practice

Sep. 20, 2019
By David M. Majchrzak, Heather L. Rosing

In many, if not the overwhelming majority of cases, responding to a disciplinary complaint or a legal malpractice claim will o...


Law Practice

Theodore Roosevelt and ‘The Virginian’

Sep. 20, 2019
By Benjamin K. Riley

Modern western American fiction has many masters such as Wallace Stegner and Ivan Doig. But they all build on one iconic but n...


Real Estate/Development, Government, Administrative/Regulatory

A watershed moment for rent protections

Sep. 20, 2019
By CJ Higley, Katy Tang

California is currently in the midst of a watershed moment. An acute awareness and a widespread recognition of a housing affor...


Civil Rights

Establishing comparative fault in a vehicle vs scooter claims

Sep. 19, 2019
By Annette Mijanovic, Philip McDermott

Learn how to use negligence per se to establish comparative negligence in car versus motorized scooter cases.


Intellectual Property

In a case of first impression, the U.S. Court of Appeals for the Federal Circuit recently held that the figures contained in a...


Government, Administrative/Regulatory

State Legislature amends key privacy law to take effect in January

Sep. 19, 2019
By Grant Davis-Denny, Nefi Acosta

On Sept. 13, the California Legislature passed six bills amending the CCPA. Although these amendments still require the govern...