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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 (...


International Law, Criminal, Corporate, Administrative/Regulatory

The 2nd Circuit recently ruled that the Foreign Corrupt Practices Act does not apply to nonresident foreign nationals, acting...


Civil Litigation, Intellectual Property, Constitutional Law

The scandalous clause prohibits trademark registration of expression that offends a person’s conscience or moral feelings, whi...


Government, Constitutional Law

Senator Richard Blumenthal and 200 other members of Congress have sued Trump in federal district court in Washington, D.C. to ...


Civil Litigation, Government, California Supreme Court

The California Supreme Court heldthat a referendum challenging a zoning ordinance amendment seeking to make the ordinance cons...


Law Practice, Law Office Management

By forcing your server to jump through these hurdles you are keeping the bad actors out. If you take nothing away from this ar...


Law Practice, California Courts of Appeal, Appellate Practice

An appellate court's review is generally cabined by the universe of facts that were "before the trial court for its considerat...


Law Practice, Appellate Practice

Not my style

Sep. 4, 2018
By Myron Moskovitz

These might be quibbles. Most of the Style Manual is helpful. I just needed to get this off (my chest). Or — coming soon — [my...


Judges and Judiciary, Criminal

Budget constraints call for rethinking felony procedures

Sep. 4, 2018
By George K. Rosenstock

Proposed here is the global replacement of preliminary examinations in felony cases by the use of multiple month-long impanele...


Ethics/Professional Responsibility, Administrative/Regulatory

Lawyers with cannabis clients are caught in the ethical weeds

MCLE
Aug. 31, 2018
By Hanspeter Walter

Lawyers face unique ethical and professional issues when representing cannabis businesses.


Litigation & Arbitration, Construction, Civil Rights, California Courts of Appeal

Disappointingly, the 4th District Court of Appeal affirmed a trial court confirmation of an arbitration award that took away a...


Environmental & Energy, Administrative/Regulatory

David’s green slingshot

Aug. 31, 2018
By Christa Lim

It only takes a village (in New York) to alter environmental review under California’s regulatory regime.


Books

A history in seven sackings

Aug. 31, 2018
By Richard Wirick

Matthew Kneale has attempted to compress 2,500 years of Roman history into less than 400 pages by taking an ingenious approach...


Earlier this month, the Internal Revenue Service issued sweeping proposed regulations for the pass-through entity tax break ou...


Environmental & Energy, Administrative/Regulatory

Wildfires, farms, fish and meeting water demands

Aug. 30, 2018
By Meredith E. Nikkel

California’s record-breaking wildfires in 2018 raise not only climate change and forest management issues, but also spotlight ...


Labor/Employment

A thin line: brand protection vs infringing on employee rights

Aug. 30, 2018
By Deborah Birndorf Zeiler

Employers still must grapple with the tug-of-war between protecting the brand on infringing on employee rights.


Government, Criminal

Bail law might leave some accused stuck in jail

Aug. 30, 2018
By Louis J. Shapiro

Under SB 10, for some offenses, a person will have to wait in jail for up to three days to be assessed at arraignment to deter...


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

Interest? You think we owe you interest?

Aug. 29, 2018
By Michael M. Berger

As the 9th Circuit put it, the teachers charged that interest had been "skimmed" from their accounts and given to others.


Businesses face unique IP challenges since cannabis is still illegal under federal law.


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

Plaintiffs in pre-1972 recording cases scored a big win

Aug. 29, 2018
By Morgan Pietz, Daniel B. Lifschitz

The 9th Circuit said a remaster is ineligible for independent protection unless its essential character and identity reflect ...


U.S. Supreme Court, Law Practice

Edited out of the law

Aug. 28, 2018
By Frank H. Wu

A new school year is starting, and I will be teaching Asian-Americans and the Law. I believe it is worthwhile to explain the c...