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Bankruptcy

This article seeks to address the general mechanics of the debtor's ability to "cram-down" undersecured liens in a Chapter 11 ...


Law Practice, Appellate Practice

Should lawyers ‘make up’ stories?

May 7, 2018
By Myron Moskovitz

People love our stories more than they love the raw facts


U.S. Supreme Court, Government, Administrative/Regulatory

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

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

May 4, 2018
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

May 4, 2018
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...


Civil Litigation, Law Practice

E-discovery for lawyers who like paper

MCLE
May 4, 2018
By Bob Mehr

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

May 4, 2018
By Judith Daar, Michele Goodwin

Policing reproduction recently took a frightening turn in Arizona where lawmakers have intervened in disputes involving cryopr...


Civil Litigation, Criminal

Nonconsensual pornography, case-by-case

May 4, 2018
By Christina Gagnier

An exploration of recent nonconsensual pornography cases reveals hurdles victims and advocates face in fighting back against t...


Civil Litigation, Law Practice

Code of Practice for e-Discovery

May 4, 2018
By Julia Brickell

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?

May 3, 2018
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

May 3, 2018
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

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

There are far too many examples of failed apologies and non-apologies, one response showcases just how removed from reality ma...


Letters, Judges and Judiciary

Oppose efforts to politicize the bench

May 3, 2018
By Otis McGee Jr.

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?

May 2, 2018
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

Can California stop the Trump administration from unloading federal lands?


Civil Litigation, Insurance, Environmental & Energy

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

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

May 2, 2018
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

May 1, 2018
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?

May 1, 2018
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

MCLE
May 1, 2018
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

May 1, 2018
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...


Law Practice

Women in the West Wing: Q&A with Kathryn Ruemmler

May 1, 2018
By Dawn L. Haghighi

Moderator Dawn Haghighi shares what’s in store for the keynote fireside chat with Kathryn Ruemmler, White House counsel in the...


Corporate

Algorithmic entities

Apr. 30, 2018
By Lynn M. LoPucki

The consensus among legal scholars is that anyone can put an algorithm — an artificial intelligence — in control of an artific...


Government, Criminal

What does it mean to be the district attorney?

Apr. 30, 2018
By Michael Ogul

Having a duty to prosecute? To enforce laws? But prosecute who? What laws to enforce? It’s all about priorities.


Civil Litigation

Private attorney general attorney fees

MCLE
Apr. 30, 2018
By Matthew Ross

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

Apr. 30, 2018
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

Apr. 30, 2018
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...