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U.S. Supreme Court, Labor/Employment, Judges and Judiciary

The nominee and the NLRB

Sep. 13, 2018
By Michael H. Leb

Many politicians and activists claim that President Donald Trump’s Supreme Court nominee is anti-labor. But have they read Jud...


Government, Environmental & Energy

The California Coastal Commission's emerging requirements for shoreline development follow a new report predicting accelerated...


Government

Implementing the Brown Act in the digital age

Sep. 13, 2018
By Lauren B. Langer

Ongoing conversations online could inadvertently create serial meetings.


Intellectual Property, Entertainment & Sports

Last month, the musician Will.i.am lost a five-year battle against the USPTO attempting to register the mark #WILLPOWER in cla...


Civil Litigation, Labor/Employment, California Supreme Court

Unaccounted time: Reading the tea leaves of Troester

Sep. 12, 2018
By H. Scott Leviant, Lilit Ter-Astvatsatryan

It is the nature of the analysis supplied by Troester that suggests more is yet to be said about the implications of this prin...


Lawyers have to represent!

Sep. 12, 2018
By Frank H. Wu

Whether they reciprocate, or others join me in doing so, I will respect the lawyers who represent clients because they need th...


Government, Criminal

Should Gov. Jerry Brown sign into law Senate Bill 1437, criminals in California can no longer be punished for the natural and ...


Civil Litigation, Alternative Dispute Resolution

Successful mediations need the right players at the table

MCLE
Sep. 12, 2018
By Lars C. Johnson

But to be successful, it is important to set the stage properly. Among other things, the right players need to be at the table.


Probate

A good estate plan requires a clear understanding as to which assets are controlled by the trust terms. Counsel who rely on th...


Tax

It doesn’t appear that anyone worried too much about sexual harassment plaintiffs. In an employment context — and most such cl...


Government, California Supreme Court

Questions emerge after high court public records decision

Sep. 12, 2018
By Christine Wood, HongDao Nguyen

How public agencies can manage new demands for electronic records.


U.S. Supreme Court, Constitutional Law

Will the ‘digital divide’ persist?

Sep. 11, 2018
By Brian M. Hoffstadt

At the end of last term, the U.S. Supreme Court hammered a bit deeper the wedge it had previously inserted between electronic ...


Government, Environmental & Energy, Constitutional Law, California Courts of Appeal

The 3rd District Court of Appeal recently ruled that the public trust doctrine can apply to groundwater extraction, but the co...


Litigation & Arbitration, Civil Litigation, Alternative Dispute Resolution

Create incentives for plaintiffs to choose arbitration

Sep. 11, 2018
By David Horton, Andrea Cann Chandrasekher

A study of 40,775 cases administered by the AAA, JAMS, ADR Services, and Kaiser reveals why states should create incentives fo...


Government, Corporate

California Senate Bill 826 has passed the California legislature and is headed to the desk of Gov. Jerry Brown, who will have ...


California is facing the greatest affordable housing crisis the state has ever experienced. Our largest cities are dominated b...


When dividing community property in a dissolution case, the determination of when the parties separated is key.


Administrative/Regulatory

Catch up with the California Consumer Privacy Act

MCLE
Sep. 10, 2018
By John A. Vogt, Jeffrey Rabkin

The recently enacted CCPA is one of the most comprehensive existing privacy measures in the United States. Earn MCLE credit le...


Law Practice, Judges and Judiciary

Avoid quirky quarks

Sep. 10, 2018
By Arthur Gilbert

Did you know that the subatomic particle, the quark, derives its name from Joyce’s impenetrable novel “Finnegan’s Wake”?


Law Practice

Football in the field of law

Sep. 10, 2018
By Michael L. Stern

As football is America's favorite spectator sport, it is not surprising that many football terms have crept into our everyday ...


Civil Litigation, Government

Whistleblower protections more robust after ruling

Sep. 7, 2018
By Eric J. Buescher

For whistleblowers who file under state law, the protection and reward they are entitled to is more robust today because of a ...


Government

Count on it: elections will be hacked in November

Sep. 7, 2018
By Jason S. Leiderman

Technology is released, someone figures out how to hack it, tech is updated, someone figures out how to hack that, and so the ...


Books

Even if one grants that we humans have consciousness, how do we know it was not something implanted in our brains like a compu...


Law Practice, Ethics/Professional Responsibility

Using technology to prevent claims

Sep. 7, 2018
By Shari L. Klevens, Alanna G. Clair

Adopting technologies can help lawyers reduce the risk or even the impact of the mistakes and client relations issues that can...


All internet traffic may not be equal in the eyes of the Federal Communications Commission, but California legislators voted l...


Civil Litigation, Intellectual Property

A recent Federal Circuit opinion shows that not all improvements in computer and software-based claims will qualify as being t...


Civil Litigation, Construction, California Courts of Appeal

Even if a public entity does not directly construct or finance a project, a project may nevertheless be found to be a public w...


Immigration, Government

Older immigrants’ access to basic needs programs is at risk

Sep. 6, 2018
By Denny Chan, Natalie Kean

Possible federal action imposes grave immigration consequences on older adults and their families for accessing public benefits.


Administrative/Regulatory

San Francisco’s law goes into effect in January, paving the way for it to become the largest city in the United States to ban ...


Law Practice, Ethics/Professional Responsibility, California Supreme Court

Clients get notice, period

Sep. 5, 2018
By Samuel C. Bellicini

The unmistakable takeaways from a recent California Supreme Court ruling: (1) Clients get notice. Period. No exceptions. And (...