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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...


Civil Litigation, Labor/Employment

Avoiding the ban on noncompetes: Is it possible?

Jul. 10, 2019
By Wendy M. Lazerson, Katharine M. Miner

Recently, the Delaware Court of Chancery did an about face and upheld a Delaware choice-of-law provision in an employment agre...


Letters, Criminal

Chesa Boudin, who is running to be San Francisco’s next district attorney, says he supports restoring parolee voting rights to...


Labor/Employment, Government, Civil Rights

California has just passed legislation prohibiting discrimination against “traits historically associated with race … includin...


Civil Litigation

Defending against retaliatory defamation suits

Jul. 10, 2019
By Selina J. MacLaren

Moo! When public figures have a cow, they all too often come down with a case of mad lawsuit disease


Family, California Courts of Appeal

Be warned: the moving party in a Family Law matter can lose their motion, as well as be sanctioned for their requested relief.


It is important to be prepared for curve balls life can throw, including, your spouse coming home unexpectedly and telling you...


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...