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Law Practice, Ethics/Professional Responsibility

The deceptive simplicity of flat-fee arrangements

Nov. 16, 2018
By David M. Majchrzak, Heather L. Rosing

Despite this seeming simplicity — as with most things in life — the unanticipated can throw a wrench into a flat-fee agreement


Attorneys seeking to protect their celebrity clients’ personal confidential information disclosed in court proceedings from pu...


Labor/Employment

Ageism is the leading basis for discrimination complaints in California’s tech culture — 28 percent higher than race.


Civil Litigation, Intellectual Property

Fee award for bad faith in federal trade secrets case is a first

Nov. 15, 2018
By Dylan W. Wiseman, Rick A. Waltman

Now that one federal court has adopted the two-pronged “bad faith” analysis used by state courts, litigants might expect othe...


Governor Edmund G. Brown Jr. today announced Joshua Groban as his choice for associate justice of the California Supreme Court.


Government, Books

Many attorneys ruminate in trial, and not always on the matters before them. One hopes that the lawyer Ben Fountain has someon...


Labor/Employment

Consider the true implications of waiving arbitration

Nov. 14, 2018
By Anthony J. Oncidi

While companies may be making a welcome gesture in support of the larger movement to put an end to sexual harassment in the wo...


Securities, Civil Litigation, Corporate, 9th U.S. Circuit Court of Appeals

Overruled on other grounds by Brehm v Eisner

Nov. 14, 2018
By Bryan Ketroser

Unlike the Delaware Supreme Court, the 9th Circuit continues to review dismissals of shareholder derivative actions on demand ...


Education Law

Teaching what’s most important to learn

Nov. 13, 2018
By Frank H. Wu

Explaining the law is necessary but not sufficient


Civil Litigation, Intellectual Property

The details are in the devil in this copyright lawsuit

Nov. 13, 2018
By Bennett A. Bigman

On Nov. 8, the Satanic Temple filed a federal lawsuit for copyright infringement, false designation of origin and other claims...


U.S. Supreme Court, Government, Constitutional Law

Since the founding of the republic, religious tests have been anathema in the United States.


U.S. Supreme Court, Immigration, Constitutional Law

Those born in the United States are clearly citizens

Nov. 13, 2018
By Erwin Chemerinsky

The Constitution and the holdings of the Supreme Court are clear: All persons born in the United States are citizens regardles...


U.S. Supreme Court, Government, Constitutional Law

The appointment of Whitaker has created a legal firestorm because of his controversial and radical views on the role of the fe...


Criminal, Banking

My money ended up where?

Nov. 12, 2018
By Joshua J. Borger

Liability considerations for when someone breaks into your computer and sends your money overseas.


Labor/Employment

Employers should carefully review their procedures for providing lactation accommodation in accord with the requirements of AB...


Labor/Employment, Insurance, Health Care & Hospital Law

The carrot and/or stick approach to workplace smoking programs

Nov. 9, 2018
By Michelle Lee Flores, Marissa H. Alguire

Can California employers encourage employees to quit smoking or penalize them if they don’t?


Alternative Dispute Resolution

 Chatoyancy & Thixotropic

Nov. 9, 2018
By Robert S. Mann

In my latest issue of “Popular Woodworking” (don’t’ ask — we all have our little hobbies) there was a fascinating article on t...


Law Practice, Ethics/Professional Responsibility

Ethical duties and data breaches

MCLE
Nov. 9, 2018
By Alison Buchanan

On Oct. 17, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued Formal Opinion ...


Law Practice, Ethics/Professional Responsibility

Consider using mandatory arbitration provisions to recover fees

Nov. 9, 2018
By Shari L. Klevens, Alanna G. Clair

Fee disputes with clients are never pleasant, but they are especially painful when such disputes result in litigation. Not onl...


Government, Environmental & Energy, Construction

It’s no surprise given that buildings account for 25 percent of the state’s greenhouse gas emissions — and 70 percent of emiss...


Criminal

For defense attorneys, a new GPS system might be in order. We need to rethink and refresh the way we’ve historically represent...


Labor/Employment, Entertainment & Sports

While Gov. Jerry Brown signed several bills into law addressing sexual harassment this fall, Assembly Bill 2338 pays special a...


Corporate

The first 100 days as general counsel

Nov. 8, 2018
By Jack H. Robbins

Since the inauguration of Franklin D. Roosevelt during the depth of the Depression, great emphasis has been placed on the firs...


It pays to know how far back you can be audited. You can influence the answer, and there are steps you can take to cut your risk.


‘Go ahead then... prove it!’

MCLE
Nov. 7, 2018
By Brian M. Hoffstadt

Burdens of proof are presented in law school as if they are well-settled and purely procedural. In actuality, they are neither.


Intellectual Property

The European Court of Justice’s recent trademark ruling that Christian Louboutin’s red-soled shoes are eligible for trademark ...


Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals

9th Circuit continues to enforce well-crafted arbitration agreements

Nov. 7, 2018
By Cary D. Sullivan, Steven M. Zadravecz

Recent cases demonstrate the utility of clear, unambiguous language designating the question of arbitrability to an arbitrator...


Law Practice, Appellate Practice

How golden is silence?

Nov. 6, 2018
By Benjamin G. Shatz

Litigators earn their living by speaking up, and especially for reactively responding, so it does not come naturally to hold o...


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

One thing Northstar and other recent 9th Circuit cases make clear is that district courts in the 9th Circuit must read complai...


Law Practice, Government

Next case, no client: Lawyers turned candidates

Nov. 6, 2018
By James Attridge

Thanks to the new science of smearing candidates with the opprobrious epithet “lawyer” we may never see the likes of courthous...