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Civil Litigation, Government, Environmental & Energy, Administrative/Regulatory

Reconsidering strict liability in light of recent California wildfires

Jun. 11, 2019
By Willis Hon, Bradford B. Kuhn

In 1965, the California Supreme Court decided the landmark case Albers v. County of Los Angeles, which established the strict ...


We need a higher education policy

Jun. 11, 2019
By Frank H. Wu

Public higher education has become a shadow of its former self.


Labor/Employment, Ethics/Professional Responsibility, State Bar & Bar Associations

Attorney ethics and unenforceable employment contracts

Jun. 11, 2019
By Robert C. Fellmeth

We all know that it is unethical for an attorney to file a clearly frivolous case, but the law as enforced is less clear on th...


Civil Litigation, 9th U.S. Circuit Court of Appeals

Ruling breathes new life into nationwide class actions

Jun. 11, 2019
By Ryan Wu, Eduardo Santos

In a stark reversal from the panel decision, the en banc 9th Circuit held that settling parties are not required to conduct a ...


Civil Litigation, Labor/Employment

Los Angeles County Superior Court Judge Marc D. Gross made history on June 5 by becoming the first state court judge to decide...


Civil Litigation, Law Practice, Appellate Practice

Navigating the process is no simple matter: There are many technical nuances that create pitfalls for the unwary. A recent Cal...


U.S. Supreme Court, Civil Litigation, Labor/Employment

Supreme Court ruling is a cautionary tale to employers

Jun. 10, 2019
By Todd B. Scherwin, Andrew J. Hoag

Employers Beware: In a cautionary tale to employers, the U.S. Supreme Court held that employers defending harassment claims un...


Labor/Employment

WCAB analysis invites a revival of compensable consequence claims injuries

Jun. 10, 2019
By Shannon M. Blair, Elizabeth A. Epstein

The Workers’ Compensation Appeals Board recently held in an en banc decision that multiple factors, some of which are entirely...


Law Practice

Lessons learned from the ‘Trial of Jack Ruby’

Jun. 10, 2019
By Robert H. Bunzel

“The Trial of Jacky Ruby,” by John Kaplan and Jon Waltz, dissects the transcripts and the trial record from the infamous Ruby ...


Real Estate/Development, Government

HUD policy would exacerbate a worsening crisis

Jun. 7, 2019
By Alfred M. Clark III

Last month, the Department of Housing and Urban Development published a proposed rule which would terminate housing assistance...


The times they are a-changin’ for Family Code Section 217 evidentiary hearings. The new rules: Be diligent, proactive and very...


U.S. Supreme Court, Bankruptcy

On June 3, the U.S. Supreme Court issued an opinion announcing the criteria for determining when a court may hold a creditor i...


Ethics/Professional Responsibility

Licensed to bill: Give billing the attention it deserves

Jun. 7, 2019
By Shari L. Klevens, Alanna G. Clair

Attorneys who ignore billing problems when they arise not only make things harder on themselves in collecting fees, but also c...


Civil Litigation, Construction

Worrier as I may be, mishaps can happen if you don’t read the directions. James Zenovic, for example, didn’t read the directio...


Looking for an exciting career opportunity? Focus on innovative technologies and emerging business sectors. Because they prese...


Law Practice

Your career doesn’t have to funnel toward Big Law

Jun. 7, 2019
By Morvareed Z. Salehpour

The thing that strikes me today is that when I was actually doing internships in law firms, I never considered what my own pra...


Law Practice

Dear newly minted law graduates...

Jun. 7, 2019
By M.C. Sungaila

After I graduated law school, and throughout my career, my Mother has sent me near-daily notes with inspiring quotes and words...


Civil Litigation, Labor/Employment

Background checks may take a variety of forms, but common examples include criminal records checks, litigation history, and dr...


Labor/Employment, Government

The next wave of new California employment laws

Jun. 6, 2019
By Robin E. Largent

While bills aiming to expand paid sick leave, expand certain leave of absence rights, and protect the employment of medical ma...


Government, Criminal, Constitutional Law

Governor could end capital cases by executive order

Jun. 6, 2019
By David A. Carrillo, David Belcher

California constitutional and statutory provisions, judicial precedent, and attorney general opinions show that a governor can...


Labor/Employment, Alternative Dispute Resolution

Arbitration is failing California employees

Jun. 6, 2019
By Genie Harrison

How is arbitration working for California employees? The consensus among plaintiffs' lawyers is that it favors employers, cons...


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

US Supreme Court undercuts California prisoner suits

Jun. 6, 2019
By Tobias G. Snyder

While Nieves v. Bartlett involved an allegation of retaliatory arrest, the 9th Circuit’s approach in such cases is similar to ...


Military Law, Family

One might assume the home front would carefully guard the parental rights of those who serve or have served in our armed force...


Securities, Government, Corporate, Administrative/Regulatory

Cybersecurity and the future of SEC enforcement

Jun. 5, 2019
By Michael M. Farhang

What responsibilities do U.S. public companies have to prevent theft of company funds through cybercrime? Recent Securities an...


Civil Litigation, Labor/Employment

Class action waivers: Green light or stop sign?

Jun. 5, 2019
By Mary Dollarhide, Nathan Kiyam

We are at an interesting crossroads: Recent U.S. Supreme Court decisions gave employers the green light to use mandatory arbit...


Government, Banking, Administrative/Regulatory

SB 51, which passed by a 35-1 vote on May 21, would allow for the creation of state-chartered cannabis banks or credit unions ...


Civil Litigation, Labor/Employment

Nonsolicitation agreements: new challenges to enforcement in California

Jun. 4, 2019
By Paul S. Cowie, Nora K. Stilestein

Recently state and federal courts alike have expanded the interpretation of California law to void not only covenants not to c...


Judges and Judiciary, California Supreme Court, California Courts of Appeal

Supreme removal

Jun. 4, 2019
By Benjamin G. Shatz

Here at Exceptionally Appealing, we assume that the appellate bar is a cut above the ordinary, and therefore far less likely t...


Law Practice

‘Discrimination’ and discrimination

Jun. 4, 2019
By Frank H. Wu

Sometimes we fail to distinguish between discriminating based on bias on the one hand and being discriminating in the sense of...


U.S. Supreme Court, Government, Constitutional Law

What if... ?

Jun. 4, 2019
By Myron Moskovitz

The year is 2026. I managed to snag an interview with the president.