Bankruptcy
‘Cram-downs’ of unsecured liens in a Chapter 11 reorganization
By Stuart B. Rodgers
This article seeks to address the general mechanics of the debtor's ability to "cram-down" undersecured liens in a Chapter 11 ...
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U.S. Supreme Court, Government, Administrative/Regulatory
User data protection a bit CLOUDy after Microsoft case
By Zachary K. Nguyen
The Clarifying Lawful Overseas Use of Data Act was enacted into law on March 23 — after oral arguments before the Supreme Cour...
Civil Litigation, California Courts of Appeal, Appellate Practice
California Public Records Act: Who pays attorney fees and when in ‘reverse’ actions?
By Ruthann G. Ziegler
A recent appellate decision analyzed complicated issues relating to which party in a “reverse CPRA” lawsuit pays attorney fees.
Law Practice, Ethics/Professional Responsibility
Know when to withdraw
By Shari L. Klevens, Alanna G. Clair
While clients typically can fire their attorney at any time and for any reason, attorneys do not always have the same luxury.
Government, Administrative/Regulatory
State AGs seek to fill CFPB vacuum
By Jeff Tsai, Nancy Sims
In a series of announcements last week, one of the country's largest law enforcement agencies underscored its aim to fill a pe...
In truth, the electronic process is not that different from the paper process these lawyers may be accustomed to, and may even...
Health Care & Hospital Law, Family, Contracts, Civil Rights
Parental right to embryo law goes too far
By Judith Daar, Michele Goodwin
Policing reproduction recently took a frightening turn in Arizona where lawmakers have intervened in disputes involving cryopr...
An exploration of recent nonconsensual pornography cases reveals hurdles victims and advocates face in fighting back against t...
A recently issued protocol has gone relatively unnoticed, but litigators should add the ISO’s suggested practices to their tec...
Law Practice, Law Office Management
The new frontier of innovation: How will law firms fare?
By Linda Pfatteicher, Stephen J. Goldstein
When we begin to think about how to maintain a thriving legal practice that is being outpaced by artificial intelligence, auto...
U.S. Supreme Court, Tax, Government
Justice should keep use tax precedent
By Clark Calhoun
For numerous reasons, the court should affirm the physical presence rule of Quill and allow Congress to decide what new stand...
Law Practice, Contracts
AI insight into contracts can help ensure GDPR compliance
By Genevieve D. Dong
Businesses across the world are bracing for the impact of the new European Union data-protection regulation, known as the GDPR...
Labor/Employment, Civil Rights
Hierarchical organizations and sexual misconduct
By John Winer
There are far too many examples of failed apologies and non-apologies, one response showcases just how removed from reality ma...
A core value of the American College of Trial Lawyers is to support and seek to preserve and protect the independence of the j...
U.S. Supreme Court, Civil Litigation, Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
What law controls when a California worker works outside California?
By Brian S. Kabateck, Cheryl A. Kenner
California has a strong public policy of protecting its workers. And it’s even possible that California’s wage and hour laws m...
Government, Environmental & Energy, Administrative/Regulatory
SB 50 and the battle over federal property conveyances in California
By Alicia Guerra
Can California stop the Trump administration from unloading federal lands?
Civil Litigation, Insurance, Environmental & Energy
Insurance coverage in the world of climate change litigation
By Jaymeson Pegue
On April 17, the city of Boulder, Colorado, sued Suncor and ExxonMobil for damages suffered to persons and property as a resul...
Tax, Constitutional Law
Michael Cohen takes the Fifth, but with taxes, it’s tricky
By Robert W. Wood
Plenty of problems arise in the course of audits. What if the IRS asks you questions you are afraid to answer?
U.S. Supreme Court, Criminal, 9th U.S. Circuit Court of Appeals
9th continues to ignore US high court on habeas review
By Lawrence Waddington
The 9th Circuit, having concluded the year 2017 with its usual record of U.S. Supreme Court reversals, opened the new year wit...
U.S. Supreme Court, Law Practice, Judges and Judiciary, Appellate Practice
Calling judicial bullshi*t
By Adam Kolber
The theater of the courtroom doesn't lie about judging but it creates an impression that may or may not reflect the truth. Sim...
U.S. Supreme Court, Immigration, Constitutional Law, U.S. Supreme Court, Immigration, Constitutional Law
Common ground on travel ban?
By Joseph F. Tartakovsky
It looks like the Trump administration has five votes after oral arguments, though there was more common ground than expected.
Civil Litigation, California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals
Mooting mootness
By Benjamin G. Shatz
You guessed it: There are exceptions to the familiar justiciability doctrine of mootness.
U.S. Supreme Court, International Law, Constitutional Law, Civil Litigation
Narrowing the judicial role in international law
By Kristin A. Linsley
The Supreme Court’s holding that foreign corporations cannot be sued in U.S. courts for international-law violations absent au...
Moderator Dawn Haghighi shares what’s in store for the keynote fireside chat with Kathryn Ruemmler, White House counsel in the...
The consensus among legal scholars is that anyone can put an algorithm — an artificial intelligence — in control of an artific...
Having a duty to prosecute? To enforce laws? But prosecute who? What laws to enforce? It’s all about priorities.
Learn about the standards for recovery of fees as well as standards for appellate review of fees.
Civil Litigation, Law Practice, Labor/Employment
What is the gig economy, you say? Everything, I say
By David J. Byassee
The so-called "gig economy" embodies the rapidly growing on-demand workforce of freelance workers in every job sector.
Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals
After equal pay ruling, employers should review practices
By Gary M. McLaughlin, Galit A. Knotz
Only job related factors can legally influence a disparity in pay between male and female employees. An employee’s prior salar...