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Judges and Judiciary

Judge Manuel Real: A Complex Mosaic

Jul. 9, 2019
By Howard Gillingham

United States District Judge Manuel L. Real was in his eighth of what would be 53 controversial years on the Central District ...


Family

A lawyer should strongly consider that with every question asked and work with a client to feel when to admit, deny, attempt ...


U.S. Supreme Court, Labor/Employment, Antitrust & Trade Reg., 9th U.S. Circuit Court of Appeals

Balancing the interests of antitrust and labor laws

Jul. 9, 2019
By Cynthia E. Richman, Daniel G. Swanson

National attention has increasingly focused on the proper role of antitrust law in regulating labor markets. Much has been wri...


State Bar & Bar Associations

Bar exam oversight requires more than just watching

Jul. 9, 2019
By Mitchel L. Winick

The Legislative Analyst’s Office that serves as the California Legislature’s nonpartisan fiscal and policy advisor recently pu...


Government, Administrative/Regulatory

China and the US: Promoting and regulating artificial intelligence

Jul. 8, 2019
By Dean W. Harvey, Dominique Shelton Leipzig

According to data from the World Economic Forum and McKinsey Global Institute, AI is expected to create as many as 133 million...


Military Law, Law Practice, Criminal

A Vietnam veteran

Jul. 8, 2019
By Eileen C. Moore

Let’s all hope that Lee Robbins continues to do well. He wants to move out of state and has been paying rent on a town home th...


Government, Civil Rights

California is on the verge of restoring the right to vote for people on parole, ending a practice that makes second-class citi...


Civil Litigation, Letters, Health Care & Hospital Law

MICRA is waiting for justices to step up to the plate

Jul. 8, 2019
By Nathaniel J. Friedman

Young Nicholas Rowley’s multi-paragraph letter (“Fixing MICRA: In search of a hero in a black robe,” July 3) demonstrates that...


Labor/Employment

New law targets discrimination based on hair style

Jul. 8, 2019
By Camille H. Pating, Yuki Cruse

California Senate Bill 188, known as the CROWN Act, seeks to “Create a Respectful and Open Workplace for Natural hair.” The bi...


Government

President James Buchanan and the gossip pages

Jul. 5, 2019
By James Attridge

Mayor Pete’s milestone candidacy will hopefully serve the cause of history by cashiering the unfounded and logically empty spe...


Law Practice, Ethics/Professional Responsibility, Corporate

Providing opinions can create ethical issues

Jul. 5, 2019
By Shari L. Klevens, Alanna G. Clair

When thorny issues arise in the corporate setting, the board of directors of a company may turn to an outside attorney to perf...


Civil Litigation, Labor/Employment, California Supreme Court

California is doubling down on the Dynamex ruling across the board

Jul. 5, 2019
By Allegra A. Jones, Brooke B. Tabshouri

Just over a year after the California Supreme Court handed down the landmark decision, the 9th U.S. Circuit Court of Appeals a...


Tax, Civil Litigation

Settlements and taxes: 5 IRS rules to remember

Jul. 5, 2019
By Robert W. Wood

Many plaintiffs settle lawsuits or win judgments, but are later surprised that they have to pay taxes. Even those who know tha...


Law Practice, Government

The bill was recently introduced in Congress with the goal of mandating free, public access to federal court electronic record...


U.S. Supreme Court, Civil Litigation, Government

Last month, the Supreme Court held that a showing of substantial competitive harm in the event of disclosure is not required f...


Labor/Employment, Entertainment & Sports, Alternative Dispute Resolution

Mediation is a good play in US women's soccer pay equity suit

Jul. 3, 2019
By David A. Lowe, Erin M. Pulaski

Defending World Cup Champion U.S. Women's National Team soccer players have agreed to mediate their gender pay equity lawsuit ...


The reasoning of the majority opinion is so straightforward, it’s hard to imagine disagreement. But disagreement there was.


Judges and Judiciary

Real compassion

Jul. 3, 2019
By John Hanusz

I had heard the stories about U.S. District Judge Manuel L. Real. A tyrant. Lawless. A dictator in a robe. As a journalist, I ...


Judges and Judiciary

Real times

Jul. 3, 2019
By Anthony J. Mohr

Eventually the “Judge Real stories” will fade as memories dim, but when a meltdown occurs in my courtroom, I’ll continue to wo...


Civil Litigation

MICRA needs to go

Jul. 3, 2019
By Nicholas Rowley

As our troops were coming back from the Vietnam war, insurance company lobbyists and special interests groups saw their opport...


Letters, Constitutional Law

‘Separate sovereigns’ ruling is seriously flawed

Jul. 3, 2019
By Richard A. Nixon

In a 7-2 decision written essentially in recognition of the separate sovereign principle in Gamble v. United States, the defen...


International Law, Government, Corporate, Administrative/Regulatory

How Walmart pulled off an FCPA win

MCLE
Jul. 2, 2019
By Ariel A. Neuman, Naomi S. Solomon

While the government is touting Walmart’s $282 million settlement to resolve a seven-year FCPA investigation as a victory, the...


Law Practice, Appellate Practice

Appellate me too!

Jul. 2, 2019
By Benjamin G. Shatz

Sorry for the bait-and-switch title, but this article is not about what you probably think it’s going to be about. Rather, we’...


Civil Litigation, Labor/Employment, Construction, 9th U.S. Circuit Court of Appeals

At the height of the Great Depression nearly a quarter of Americans were unemployed. In response, Congress enacted a series of...


Criminal

AB 748 shifts power to public

Jul. 2, 2019
By Vincent M. Imhoff

As of Monday, California law requires video or audio recordings of a “critical incident” to be disclosed within 45 days of whe...


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

Where Troester stops not even Troester knows

Jul. 2, 2019
By Lilit Ter-Astvatsatryan, H. Scott Leviant

While the California Supreme Court’s landmark ruling on the de minimis defense readily sniffed out unpaid time of several minu...


Tax, Government

The dynamic of states responding to federal action or inaction is continuing to repeatedly play out in areas of interest to or...


Government, Constitutional Law

In Rucho v. Common Cause, by a 5-4 vote, the U.S. Supreme Court announced what federal courts will do to fix extreme partisan ...


Administrative deference reaches its zero Auer

Jul. 1, 2019
By Steven B. Katz

Last week’s Supreme Court decision in Kisor v. Wilkie dramatically rewrote the rules for deference, retaining so-called Auer d...


Judges and Judiciary

Certainty and solace — elusive

Jul. 1, 2019
By Arthur Gilbert

They profoundly influence our lives. They can be found all over the world. When not fulfilling their mission, they blend in wi...