Civil Litigation, Labor/Employment
The battle for the future of arbitration
By Stephen A. Rossi
The Freedom to Contract Camp vs. the Concerned Camp
Labor/Employment, Government
Despite snag in employee pay data reporting, pay transparency marches on
By Susan E. Groff, Christopher T. Patrick
California lawmakers have made pay equity a top priority and passed many related laws.
U.S. Supreme Court, Intellectual Property
Supreme Court hears whether Patent Office can collect employees’ salaries in defending district court actions
By Charles R. Macedo, Christopher Lisiewski
The latest term of the Supreme Court began with the high court answering the peculiar question of whether the Government can r...
Civil Litigation, Labor/Employment
Retroactivity of Dynamex and AB 5
By Cory L. Webster, Allison M. Scott
Despite a recent Court of Appeal ruling, uncertainty persists regarding Dynamex retroactivity
Letters, Insurance, Civil Rights
Insurer wasn't set up by claimants or lawyers
By Arash Homampour
As the plaintiff attorney in Madrigal v. Allstate Indemnity Co. (not the one who drafted the policy limits demand to Allstate)...
U.S. Supreme Court, Labor/Employment, Constitutional Law, California Supreme Court
NLRA may preempt AB 5 under the Garmon doctrine
By Mark S. Ross, Keahn N. Morris
While AB 5 may answer classification issues arising under state law, the new law’s possible application in National Labor Rela...
The point I try to impress upon students is it takes preparation. Even after 25 years in the classroom, I still need to review...
U.S. Supreme Court, Constitutional Law
What if electors don’t vote according to the popular vote?
By John H. Minan
States as a matter of state law may “require” electors to cast their vote according to the popular vote in the state. But what...
International Law, Administrative/Regulatory
Gearing up for the EU’s next regulatory push
By H. Mark Lyon
What should companies expect to see from the European Commission in terms of comprehensive artificial intelligence regulations?
Letters, Criminal
Clarifying bill to extend childhood sexual abuse statute of limitations
By Anthony De Marco
I thought it important to point out a few things in a recent article that are misleading in the description of what the bill d...
Law Practice, Ethics/Professional Responsibility
Getting the entire client: The good, the bad and the ugly
By Louie H. Castoria
When it comes to getting a new client’s complete file, you can’t always get what you want, but, in the words of the Rolling St...
U.S. Supreme Court, Environmental & Energy
The most significant Clean Water Act case in over a decade
By Adam Link, Andre Monette
On Nov. 6, the U.S. Supreme Court will hear oral argument in a case that will decide the future application of the federal Cle...
Law Practice, Ethics/Professional Responsibility, State Bar & Bar Associations
Rule 5.4 changes -- big changes -- may be coming
By Daniel O'Rielly, Dena Roche
Proposed changes to Rule 5.4 could open the door to nonlawyer investment in, and ownership of law firms, non-law firms providi...
Onset of vaping-related deaths implicates product liability law
By Lexi W. Myer
As the scientific probe into these injuries continue, the legal ramifications surrounding the sale and manufacture of vaping p...
Bankruptcy
Small businesses and creditors set to benefit from revisions to US Bankruptcy Code
By Breck E. Milde
In the first major revision to the United States Bankruptcy Code in almost 15 years, Congress recently enacted the Small Busin...
Letters, State Bar & Bar Associations
Setting the record straight on State Bar task force proposals
By Leah Wilson
In her Oct. 2 commentary (“Bar proposals will upend legal profession”), Erin Joyce makes several assertions about the State Ba...
How to stay golden when migrating from the Golden State
Compliments to copy editors and fact checkers
By Frank H. Wu
Both of these occupations are just about obsolete, like human computers as performing calculations for NASA to put a man on th...
Letters, Government, Criminal
California bill banning use of for-profit prisons is a game changer
By Jackie Gonzalez, Hamid Yazdan Panah
California is on the brink of passing one of the most comprehensive bills on incarceration and detention in the country. Assem...
Military Law, Judges and Judiciary, Criminal
California’s Veterans Treatment Courts
By Eileen C. Moore
The trauma of jail can set veterans on a backward course
International Law, Intellectual Property, Government
The DTSA and the China Initiative
By David S. Bloch, Xavier Brandwajn
What impacts have they had on civil trade secret litigation in the Northern District of California?
Intellectual Property, Corporate
Cannabis and craft beer: Insulated from tariff wars, still to protect trade secrets
By Dan M. Forman
Cannabis sales are safe from potential tariff wars as the international transportation of cannabis is not yet approved. Many c...
Intellectual Property, Criminal
Criminal prosecution of federal trade secret theft
By Sara J. O’Connell
Review factors that federal prosecutors consider when determining whether to bring criminal trade secret theft charges.
Civil Litigation, Labor/Employment, Intellectual Property
Enforceability of hold-out restrictive covenants increasingly in doubt in California
By Laura D. Smolowe
California's longstanding emphasis on employee mobility and unique skepticism of most noncompete agreements is well-known. Sti...
Civil Litigation, Intellectual Property
The inevitable disclosure doctrine in DTSA litigation
By Conor Tucker
The inevitable disclosure doctrine infers improper use and/or disclosure of a former employer’s trade secrets from the circums...
Intellectual Property, Corporate
Developing a trade secret protection program to reduce risk and increase court enforcement
By Mark Terman
Companies rely on trade secrets for competitive advantage. Theft of those assets hurts them by empowering competitors who have...
Why patent subject matter eligibility has innovators thinking about trade secrets.
U.S. Supreme Court, Civil Litigation
Supreme Court to examine discovery rule in FDCPA cases
By Jean-Claude André
Sometimes small cases hit the big stage. Rotkiske v. Klemm began with a debt collection agency filing a complaint in Philadelp...
Labor/Employment
Employers and social media: What is there not to ‘like’?
By Michele Haydel Gehrke
Today’s employers face new challenges regarding their employees’ use of social media that raise important compliance issues. S...