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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?

Jul. 17, 2019
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

An attorney who signs a settlement agreement approving it as to form and content may be liable for breaching the agreement’s c...


Government

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

Jul. 16, 2019
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

MCLE
Jul. 15, 2019
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

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


Criminal, Corporate, Constitutional Law

Mitt Romney once remarked that “corporations are people, my friend.” He was partly right. Corporations are like people, only d...


Judges and Judiciary

The Compassionate Side of Judge Manuel Real

Jul. 15, 2019
By Michael L. Stern

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

Jul. 12, 2019
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

Jul. 12, 2019
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

Jul. 12, 2019
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!

Jul. 12, 2019
By Louie H. Castoria

Ethical lawyer advertising can be like a high-wire act.


Civil Litigation

Remedies for the wrongful destruction of trees

MCLE
Jul. 12, 2019
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

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

Jul. 11, 2019
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?

Jul. 11, 2019
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...


Criminal

Diversion programs work: Shouldn’t there be more?

Jul. 11, 2019
By Lara Yeretsian

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

Jul. 11, 2019
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...


Civil Litigation

Amazon held strictly liable as a ‘seller’

Jul. 10, 2019
By Jeremy K. Robinson

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

Jul. 10, 2019
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

Jul. 10, 2019
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

Jul. 10, 2019
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

Jul. 10, 2019
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

But was this the correct policy choice? It should be noted that the Burlage holding never really “caught on” as a successful b...


Labor/Employment

Varsity Blues: Lessons for California employers

Jul. 10, 2019
By Dan M. Forman

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

Jul. 10, 2019
By Katherine S. Catlos, Jean Liu

California has undertaken an ambitious initiative designed to enhance privacy protections for consumers — which includes emplo...


Labor/Employment

Drug policies in the age of legal marijuana

Jul. 10, 2019
By Gina M. Roccanova

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?

Jul. 10, 2019
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?

Jul. 10, 2019
By Michele Haydel Gehrke, Anne Cherry Barnett

Until recently, employee nonsolicitation provisions were believed to be the last post-employment restrictive covenant that Ca...