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

FCA claims after Escobar

Jan. 28, 2019
By Paul S. Chan, Shoshana E. Bannett

In 2016, the U.S. Supreme Court resolved the question of whether there can be liability for implied false certification claims...


Appellate Practice, 9th U.S. Circuit Court of Appeals

An en banc panel of the 9th Circuit recently issued a decision in the latest installment in the long-running legal saga of the...


Mergers & Acquisitions, Administrative/Regulatory

Mergers and acquisitions in the cannabis industry

Jan. 28, 2019
By Tiffany Carrari

Despite these challenges, investors are more than willing to engage in pre-licensing deals as a way to get in at the ground fl...


Securities, Mergers & Acquisitions, Corporate

One perspective which is critical and is often overlooked until the time comes to actually execute on becoming a public compan...


Law Practice, Judges and Judiciary

When speed surveys are necessary

MCLE
Jan. 28, 2019
By Jason A. Clay

The objective of this article and accompanying self-study test is to increase readers' understanding of when speed surveys are...


Government, Criminal, Administrative/Regulatory

The thin blue line

Jan. 25, 2019
By J. Scott Tiedemann

Once confidential records of officer involved shootings, uses of force that result in great bodily injury, dishonesty and sexu...


Government

Happy 2019: The new year brings new laws

Jan. 25, 2019
By Adam B. Levine

Former California Gov. Jerry Brown signed more than 1,000 new laws that go into effect this year.


Corporate, Administrative/Regulatory

The California Consumer Privacy Act

MCLE
Jan. 25, 2019
By Stephanie Duchene, Peter Z. Stockburger

Earn MCLE credit learning the basics of California’s new Consumer Privacy Act.


Civil Litigation, Government, Environmental & Energy

‘Children’s Crusade’ can continue

Jan. 24, 2019
By John H. Minan

Juliana v. United States presents novel legal theories to compel the federal government to protect present and future generati...


Civil Litigation

Failing to address liens or reimbursement claims in personal injury cases can have disastrous consequences. Whether you are on...


Government, Criminal

Voters are free to rein in Prop 57

Jan. 23, 2019
By Mitchell Keiter

If voters wish to narrow the sentence reductions of Proposition 57 in a way that does not conflict with its actual text, they ...


Youngstown and the president’s emergency powers

Jan. 23, 2019
By Arthur G. Svenson

President Donald Trump has threatened to exercise emergency lawmaking power to construct a $5.7 billion border wall; many lega...


Tax, Letters, Health Care & Hospital Law, Constitutional Law

Misinterpretation of Congress’ power to tax

Jan. 23, 2019
By Richard A. Nixon

On Jan. 7, Professor John H. Minan wrote about the future of health care coverage in a column titled, “If ruling stands, milli...


California Courts of Appeal, Appellate Practice

Resolving Appeals Faster

Jan. 22, 2019
By James Ardaiz, Christopher Cottle

Is there anything you can do to get your case on appeal decided faster? Is there anything the appellate courts can do to impr...


Labor/Employment, Administrative/Regulatory

The Joint-Employer Dance

MCLE
Jan. 22, 2019
By Thomas O'Connell, Benjamin Carney

A recent D.C. Circuit decision marks yet another analytical refocusing of the joint-employer relationship in what has already ...


Labor/Employment, Education Law

LA teachers strike: not your average labor dispute

Jan. 22, 2019
By Mark Theodore, Cole D. Lewis

It’s impossible to discern exactly what’s going on in large part due to a recent law passed by the California Legislature.


Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals

GrubHub reclassification should be easy as ABC

Jan. 22, 2019
By Gerald L. Sauer

Although Dynamex retroactivity is not guaranteed, the likelihood that an exception would be granted is about the same as winni...


Civil Litigation, Law Practice, Appellate Practice

Ruling provides guidance for making valid 998 settlement offers

Jan. 18, 2019
By Paul R. Kiesel, Stephanie M. Taft

Traditionally analyzed under the “totality of the facts,” a recent appellate decision embraced three factors that are “especia...


Civil Litigation, Ethics/Professional Responsibility

Ethical pitfalls to avoid with personal injury liens

MCLE
Jan. 18, 2019
By Lars C. Johnson

Whether you represent people injured in accidents or defend these cases, you need to understand your ethical obligations regar...


Tax, Government, Constitutional Law

The House Ways and Means Committee wants access to the tax returns. Trump has said that he will try to block their release. He...


Questions of arbitrability after Henry Schein

Jan. 18, 2019
By Cary D. Sullivan, Maura C. Pennington

The Supreme Court recently held that the Federal Arbitration Act contains no “wholly groundless” exception to the threshold qu...


Civil Litigation, Law Practice, Alternative Dispute Resolution

Are fees for voluntary mediation recoverable costs?

Jan. 17, 2019
By Steven H. Kruis

It is no longer an “alternative dispute resolution process,” but the primary method of case resolution in civil matters. As su...


Law Practice

Top 2018 cases involving attorneys as defendants

Jan. 17, 2019
By Kenneth C. Feldman, Alex A. Graft

While 2018 may not have distinguished itself as a landmark year for cases concerning attorneys as defendants, it did lay the g...


Letters, Labor/Employment

PAGA is good for employees and employers

Jan. 17, 2019
By Norman B. Blumenthal

Our country is one created with a system of checks and balances. The Private Attorneys General Act is the most recent incarnat...


Family, California Courts of Appeal

Due process vs due payment in family court

Jan. 17, 2019
By Jeffrey P. Blum

Paternity support cases sometimes require a mother to pursue a father living in another state for non-payment of child support...


Criminal, California Supreme Court

Why undermine executive clemency?

Jan. 17, 2019
By Rachel Barkow

The California Supreme Court, it should heed its own advice from March 2018 and recognize that clemency “exists to afford reli...


Law Practice

As an individual trained to be an advocate, as I become more mature I have fewer opinions to offer. When I was younger, I used...


U.S. Supreme Court, Judges and Judiciary, California Courts of Appeal, Appellate Practice

Judicial opinions must ‘show their math’

Jan. 16, 2019
By Brian M. Hoffstadt

It’s true that sometimes appellate opinions can be too long, but actually making them shorter is a complex, nuanced and timely...


9th U.S. Circuit Court of Appeals

9th Circuit in review: The top civil cases of 2018

Jan. 16, 2019
By James Azadian, Tian Wei (Kathryn) Han

With the new year upon us, it seems appropriate to reflect on the 9th U.S. Circuit Court of Appeals’ significant cases decided...


U.S. Supreme Court, Constitutional Law

Postponing the Controversial

Jan. 15, 2019
By Erwin Chemerinsky

The most important characteristic of this U.S. Supreme Court term is the issues that are not being heard. At its conference on...