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Construction, Administrative/Regulatory

If a building is wirelessly enabled with embedded sensors, cameras and other internet-capable objects, might the construction ...


Civil Litigation, Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

9th Circuit quietly buries music law’s inverse ratio rule

Feb. 14, 2019
By Bill Hochberg, Brandon T. Milostan

A late-breaking amendment to the court’s ruling in the Blurred Lines case may give creatives a bit of comfort, as the court qu...


Civil Litigation, Government, Administrative/Regulatory

The FCA in 2018 and beyond

Feb. 14, 2019
By Debra Wong Yang, Michael M. Farhang

A review of FCA developments from this past year and what to expect in 2019.


U.S. Supreme Court, Judges and Judiciary

Brown’s impact: Baxter to Cuéllar

Feb. 13, 2019
By Kirk C. Jenkins

For the past several weeks, we’ve been reviewing the impact Gov. Jerry Brown’s appointees to the California Supreme Court. Tod...


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

Judges split on First Amendment scrutiny in sugar drink case

Feb. 13, 2019
By Andrew B. Talai, Amy P. Lally

While they agreed on the outcome, the 9th Circuit split on how to analyze San Francisco's controversial sugar drink warning or...


Government, Administrative/Regulatory

Almost every city in California has at least one bar or nightclub that is a constant source of aggravation for law enforcement...


U.S. Supreme Court, Military Law

Ruling on transgender ban signals a shift

Feb. 12, 2019
By Erwin Chemerinsky

Without any explanation, on January 22, the U.S. Supreme Court, in a 5-4 ruling split along ideological lines, allowed Preside...


U.S. Supreme Court, Constitutional Law

Tinker v. Des Moines Independent Community School District was the first Supreme Court ruling that provided protection for stu...


Law Practice, Law Office Management

Law firm resolutions to consider for a Happy New Year

Feb. 11, 2019
By Daniel O'Rielly, Dena Roche

Now that your personal New Year’s resolutions are kaput, February is a good time to consider some resolutions for your law pra...


Why I teach procedure

Feb. 11, 2019
By Frank H. Wu

Society needs a framework for addressing disputes, and collective decisions, as to which parties and observers do not share p...


Law Practice, Ethics/Professional Responsibility

Representing in-house attorneys in whistleblowing suits

Feb. 8, 2019
By Tamarah P. Prevost

This conundrum presents these attorneys with a veritable Sophie's Choice: assert their legal claims and disclose privileged in...


Military Law, Labor/Employment

Employing veterans in California

MCLE
Feb. 1, 2019
By Eileen C. Moore

Lawyers might want to keep in mind that what appears to be a run-of-the-mill employment situation may be anything but. When ve...


Don’t wait until the end of the year to address collections issues

Feb. 8, 2019
By Shari L. Klevens, Alanna G. Clair

By waiting until the end of the year to address collections, law firms can lose the opportunity to avoid or mitigate billing i...


Law Practice

As with sexual harassment in the workplace, lawyers can take advantage of clients in complex and nuanced ways. It makes no sen...


Construction

Tech is bringing changes to construction

Feb. 7, 2019
By Scott M. Wornow

As digital technologies take hold within the construction industry, prudence requires a reassessment of legacy agreements and ...


Civil Litigation, Labor/Employment, California Supreme Court, California Courts of Appeal

Another warning shot on nonsolicits

Feb. 6, 2019
By Fred Alvarez, Laura R. Seegal

Employers should anticipate that more employee-side attorneys will look critically at routinely imposed employee nonsolicit ag...


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

Trump finds himself on both Sides of the First Amendment

Feb. 6, 2019
By Lee S. Brenner, Sarah E. Diamond

President Donald Trump recently escaped a defamation suit on First Amendment grounds. The same week, he was sued for using his...


Civil Litigation, Insurance, Construction

Recent construction defect decisions may influence, if not resolve, coverage disputes in certain construction defect cases. An...


Civil Litigation, Construction

Until recently, there has been an open question regarding whether homeowners have to comply with the Right to Repair Act’s pre...


Health Care & Hospital Law, Government

With its new law, Senate Bill 1152, California puts the onus on hospitals to integrate homeless patients back into the communi...


Law Practice, State Bar & Bar Associations

The cool demeanor of an experienced practitioner

Feb. 6, 2019
By James R. Rosen

This month, we profile Christopher P. Wesierski, the hard-charging, pick-of-the-litter dynamo of the Southern California defen...


Law Practice

Analyze rather than assert

Feb. 5, 2019
By Frank H. Wu

As a law professor, I wish students would hesitate before denouncing government actions, or public officials, as “racist” or “...


Civil Litigation, Law Practice, Appellate Practice

Holy, Holey Rules!

Feb. 5, 2019
By Benjamin G. Shatz

Our appellate rules are pretty darn good. But they’re not perfect and can’t account for every bizarre situation.


U.S. Supreme Court, Constitutional Law

Liberty’s Teeth?

Feb. 5, 2019
By C.D. Michel

The U.S. Supreme Court recently agreed to hear a case that could force a hard reexamination of the past decade of Second Amend...


Civil Litigation, Law Practice

As of Jan. 1, 2019, a key component of settlement agreements in California — the release of unknown claims and waiver of Civil...


Law Practice, Ethics/Professional Responsibility

What are the ethical responsibilities of overzealous lawyers who seek to “win” at all costs (“Rambo tactics”), including the t...


Law Practice, Judges and Judiciary, Appellate Practice

Blind as a Bat

Feb. 4, 2019
By Arthur Gilbert

On bats and rules for writing opinions, which I violate with agonizing regularity.


California Courts of Appeal, Appellate Practice

Resolving Appeals Faster

Feb. 4, 2019
By James Ardaiz, Christopher Cottle

Our last column suggested steps that you might take to get your case heard earlier. This column will explore whether the court...


U.S. Supreme Court, Civil Litigation, Intellectual Property

Justices agree that secret sales bar patent protection

Feb. 4, 2019
By Jennifer Hayes, Ben Rosborough

In a recent decision, the U.S. Supreme Court unanimously confirmed that the America Invents Act did not change the meaning of ...


Civil Litigation, Law Practice

Personal Injury Liens: An Overview

MCLE
Feb. 1, 2019
By Lars C. Johnson

This article provides an overview of personal injury liens including identifying the major lien types, discussing how these li...