U.S. Supreme Court, Civil Litigation, Government, 9th U.S. Circuit Court of Appeals
FCA claims after Escobar
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
When success is incomplete but extraordinary: Attorney fees in Ibrahim v. DHS
By Susan Yorke
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
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
Implementing the underwriter perspective can improve IPO success
By Sara L. Terheggen
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
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
By J. Scott Tiedemann
Once confidential records of officer involved shootings, uses of force that result in great bodily injury, dishonesty and sexu...
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
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
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
Avoiding liability pitfalls with personal injury liens
By Lars C. Johnson
Failing to address liens or reimbursement claims in personal injury cases can have disastrous consequences. Whether you are on...
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
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
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
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
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
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
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
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
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
Does Congress have the power to access Trump taxes?
By John H. Minan
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
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?
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
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
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
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...
The California Supreme Court, it should heed its own advice from March 2018 and recognize that clemency “exists to afford reli...
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’
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
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
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...