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Constitutional Law, Civil Rights

Not every seizure falls within the confines of 42 U.S.C. Section 1983.


Law Practice, Judges and Judiciary, Civil Rights

Is disparate treatment based on race a real or imagined construct facing attorneys of color? And how should an attorney respon...


Tax, Civil Litigation

Don’t forget about taxes in litigation

Jul. 23, 2018
By Robert W. Wood

Lawyers, clients, judges and juries all must pay taxes. And with both federal and California tax changes today, tax worries ar...


Health Care & Hospital Law, Administrative/Regulatory

Telemedicine can help to combat opioid epidemic

Jul. 23, 2018
By Andrea L. Frey, Jeremy D. Sherer

Remote prescribing is a viable telemedicine tool to combat the opioid epidemic but faces legal barriers in federal and state l...


Administrative/Regulatory

New growing pains for California’s regulated cannabis industry

Jul. 23, 2018
By Joshua R. Mandell, Courtney Krause

The regulated cannabis industry entered into an important new phase this month, presenting a new round of challenges and costs...


Labor/Employment, Government

Assembly Bill 2770 expands existing law concerning privileged communications to include communications by former employers dea...


Criminal

The right to plead no contest in criminal cases

Jul. 20, 2018
By Jeff Adachi, Yali Corea-Levy

The San Francisco court needs to change its practice of disallowing no-contest pleas. It’s the fair, humane and just way to al...


Civil Litigation, Labor/Employment

While it has long been the rule that a California employer must pay all final wages upon an employee’s termination, it has bec...


Law Practice, Ethics/Professional Responsibility

The intersection of artificial intelligence and ethics

Jul. 20, 2018
By Heather L. Rosing, David M. Majchrzak

Artificial intelligence is being used in the legal profession in a number of ways, including helping lawyers to perform resear...


Civil Litigation, California Supreme Court

Mandatory court reporters for indigent litigants

MCLE
Jul. 20, 2018
By Jens B. Koepke

In Jameson v. Desta, the California Supreme Court has now told the superior sourts that they must provide official court repor...


Civil Litigation, Law Practice

While textbooks and practice guides are useful, there simply is no substitute for trial experience to learn the art of evaluat...


Transportation, Insurance, Administrative/Regulatory

The proliferation of these fun, mobile vehicles presents several challenges from a legal standpoint.


Judges and Judiciary, Criminal

Crime law could bury our courts

Jul. 19, 2018
By Todd A. Spitzer

Sacramento’s latest foray into reshaping our criminal justice system is an utter disaster that violates the state Constitution...


Judges and Judiciary, Immigration

What if criminal court judges answered to the prosecutor, and the prosecutor could evaluate the judges’ job performance based ...


Law Practice

If one were to take a guess as to the strongest asset class for investment, considerations such as fine art, rare wine or blue...


Labor/Employment

‘They’ are on the way: What employers should know about non-binary gender markers

Jul. 18, 2018
By Denise M. Visconti, Bennett J. Kaspar

Beginning January 2019, employers can anticipate having applicants and current employees who present identification documents ...


U.S. Supreme Court, Civil Litigation, Labor/Employment

High court delivers an Epic win to employers

Jul. 18, 2018
By Emily A. Mertes, Katherine S. Catlos

On May 21, in a landmark decision, the U.S. Supreme Court held that businesses do not violate the National Labor Relations Act...


Civil Litigation, Labor/Employment, California Supreme Court

Ruling may slow down expanding gig economy

Jul. 18, 2018
By Eric B. Kingsley

Dynamex throws a major wrench in an employer’s decision to classify workers as independent contractors by making employee stat...


Labor/Employment

The new frontier of website accessibility suits

Jul. 18, 2018
By Christine Samsel, Jonathan C. Sandler

Navigating the maze of complex requirements under the Americans with Disabilities Act can prove to be a daunting task, and the...


U.S. Supreme Court, Civil Litigation, Labor/Employment

Agency fees ruling will reshape labor relations

Jul. 18, 2018
By Kevin J. Chicas, Adrianna Guzman

On June 27, the U.S. Supreme Court issued its long-awaited decision holding that mandatory agency shop fees violated the First...


Civil Litigation, Labor/Employment, California Supreme Court

Eyes are on Starbucks case at state high court

Jul. 18, 2018
By Jennifer B. Zargarof

A decision in closely watched timekeeping case is due any day now.


Labor/Employment

Increased sick leave in California: dead or alive?

Jul. 18, 2018
By JoLynn M. (Pollard) Scharrer

Assembly Bill 2841 ought to amend Section 246 of the Labor Code to increase the accrual of paid sick time for employees in Cal...


Civil Litigation, Labor/Employment, California Supreme Court

Guidance on ‘regular rate’ may be forthcoming

Jul. 18, 2018
By Tina Tellado, Deisy Castro

The “regular rate” plays an essential role in an employer’s ability to properly compensate its employees given that this rate ...


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

Salary history law seeks to cure historic inequities

Jul. 18, 2018
By Sarju A. Naran, Ashlee N. Cherry

In an effort to combat pay inequity, California enacted a new statute, effective Jan. 1, 2018, that prohibits employers from i...


U.S. Supreme Court, Civil Litigation, Labor/Employment

Encino: Deference challenged & ‘fair’ is back

Jul. 18, 2018
By Wendy Mcguire Coats, Todd B. Scherwin

On April 2 after two trips to the high court, the U.S. Supreme Court delivered automobile dealerships a decisive win by holdin...


Labor/Employment

Earlier this year, the Sacramento County board of supervisors adopted the Sacramento County Hotel Worker Protection Act; will ...


Labor/Employment

Managing the legal risks of workplace violence

Jul. 18, 2018
By Tamara Devitt

Workplace violence is on the rise. In 2017 alone, several fatal shootings occurred in workplaces, including schools, offices, ...


Labor/Employment

The movement created a seismic cultural shift in society’s awareness of the widespread presence of sexual harassment and assau...


Tax

Offshore bank accounts and FATCA worries continue

Jul. 18, 2018
By Robert W. Wood

Unless you have been living under a rock for the last 10 years, you know that the IRS cares a lot about offshore bank accounts.


U.S. Supreme Court, Constitutional Law

Case may provide privacy guidance

Jul. 18, 2018
By Anita Taff-Rice

The U.S. Supreme Court's Carpenter decision may provide a valuable tool for citizens demanding greater privacy protections for...