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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...


Law Practice, Civil Litigation, Appellate Practice

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


U.S. Supreme Court, Government, Constitutional Law

Reflections on the Supreme Court’s census ruling

Jul. 1, 2019
By Robin B. Johansen

The U.S. Supreme Court’s recent decision on adding a citizenship question to the upcoming census offers some reassurance that ...


Securities, Government, Corporate, Administrative/Regulatory

Bill aims to tidy up ‘judicial mess’ of insider trading law

Jul. 1, 2019
By Thomas A. Zaccaro, Nicolas Morgan

The House Committee on Financial Services recently approved a bill, the Insider Trading Prohibition Act, which creates a statu...


Civil Litigation, Intellectual Property, Corporate, Antitrust & Trade Reg.

To cooperate, or not to cooperate? That is the question in FTC v. Qualcomm

Jun. 28, 2019
By John S. Gibson, Christy A. Markos

Last month's win for the Federal Trade Commission in FTC v. Qualcomm illuminates an increasingly fractured fault line in this ...


U.S. Supreme Court, Civil Litigation

California’s Armendariz opinion violates federal law

Jun. 28, 2019
By Fred J. Hiestand, Benjamin G. Shatz

A recent appellate opinion that found an arbitration provision contained in a law firm’s partnership agreement unconscionable ...


Civil Litigation, Intellectual Property

Issue-preclusive effect of agency decisions in the patent context

MCLE
Jun. 28, 2019
By Irfan A. Lateef, Josepher Li

In the aftermath a 1971 Supreme Court decision courts have applied issue preclusion to end patent lawsuits. Just a few years a...


Ethics/Professional Responsibility, State Bar & Bar Associations

What to do when you hear from the State Bar

Jun. 28, 2019
By Murray Greenberg

Where we left off in part one (June 21) of this series: You have received and digested the communication from the State Bar in...


Civil Litigation, California Supreme Court

Got a final award? It ain’t necessarily so.

Jun. 28, 2019
By Michael R. Diliberto

The California Supreme Court recently said it is timely to submit a request for costs under CCP Section 998 to the arbitrator ...


U.S. Supreme Court, Tax

The U.S. Supreme Court unanimously ruled that a state could not tax an out of state resident on trust income without minimum c...


Government, Constitutional Law

The constitution is silent on presidential absolute immunity. Although presidents routinely invoked the claim of executive pri...


Letters, Education Law, 9th U.S. Circuit Court of Appeals

This response provides two clarifications to comments regarding my June 12 article on the 9th Circuit’s recent Title IX ruling.


Letters, Judges and Judiciary, Government, Constitutional Law

In two of his recent articles, appellate attorney Myron Moskovitz has generously provided us with his valuable insights regard...


Labor/Employment

Anti-age discrimination bill advances

Jun. 27, 2019
By Bryan Lazarski

A bill in Congress would amend the Age Discrimination in Employment Act to reverse and correct a 2009 U.S. Supreme Court decis...


Bankruptcy, 9th U.S. Circuit Court of Appeals

To save a successful Chapter 11 restructuring from, in the words of the 9th U.S. Circuit Court of Appeals, going “up in smoke,...


Government

Dependency counsel funding draws national praise

Jun. 27, 2019
By Jill Mcinerney

Governor Gavin Newsom delivered on his campaign’s promise to invest in California’s children and families in the Budget Act of...


Insurance

Insurance policies are full of phrases and terms that might have one “ordinary and popular” meaning but a completely different...


Tax, Civil Litigation

As medicine, science, and the law continue to develop, lawsuits for wrongful birth and wrongful life are increasingly being re...


Government

Before we regulate

Jun. 26, 2019
By H. Mark Lyon

An absolute ban on all uses of all forms of a particular technology is rarely, perhaps even never, appropriate, at least where...


Criminal

Can a robot be a successful district attorney?

Jun. 26, 2019
By Stephen E. Henderson

Artificial intelligence is all the rage. We constantly hear about it in one form or another. Automation. Big data. Machine ...


A 9th Circuit panel held that such pleas are involuntary if the government lacked probable cause to prosecute the third party ...


Intellectual Property

Protecting Intellectual Property in the rapidly evolving age of AI

Jun. 26, 2019
By James L. Davis, Steve Meil

While work on AI-related technology started over 60 years ago, more than half of the nearly 340,000 AI-related patent applicat...


U.S. Supreme Court, Labor/Employment

This comes up often when the named employee in a class action doesn’t sign an arbitration agreement, but other employees do.