U.S. Supreme Court, Civil Litigation, Labor/Employment
An Epic shadow over PAGA
By Edward F. Donohue III
It will take time before there is a definitive decision as to whether California’s rule of non-waiver in PAGA cases can be rec...
The Trump administration has made numerous visa changes that impact immigration law.
U.S. Supreme Court, Judges and Judiciary
Kennedy, Kavanaugh and the OT17 term
By Blaine H. Evanson, Warren Loegering
In all likelihood, Justice Kavanaugh's presence on the court may not affect the outcome in very many cases.
U.S. Supreme Court, Administrative/Regulatory
Is NIFLA the death knell for Prop 65 warnings?
By Steven L. Feldman, Steven L. Crane
Did the U.S. Supreme Court's ruling sound the death knell for these notice requirements that have burdened manufacturers, reta...
Civil Litigation, Government
‘Reverse’ public records suits can have significant price tags
By Derek P. Cole
However future cases may interpret Pasadena Police, the case is consistent with California courts' general policy of construin...
Administrative/Regulatory
Are the new Prop 65 regulations the gift that keeps on giving?
By Ann G. Grimaldi
As the Aug. 30 effective date approaches, the new regulations already are having a significant effect on consumer product supp...
The road to success for in-house counsel is not about how to survive this corporate jungle, but rather, how to make your mark.
Letters, Judges and Judiciary, 9th U.S. Circuit Court of Appeals
Kozinski column should have noted allegations
By Heidi S. Bond, Alexandra Z. Brodsky, Charlotte Garden, Joanna L. Grossman, Katherine H. Ku, Nancy Leong, Leah M. Litman, Claire Victoria Madill, Sara A. McDermott, Emily R.D. Murphy, Dara E. Purvis, Nancy B. Rapoport, Beth H. Wilensky
The one-sentence biography accompanying the piece states that Kozinski “retired” from the U.S. Court of Appeals for the Ninth ...
Civil Rights, California Supreme Court
Nonparty injunction ruling in online review case is a first
By Brian M. Willen
The California Supreme Court issued a landmark ruling squarely addressing whether a nonparty online service provider could be ...
U.S. Supreme Court, Labor/Employment
Janus was about state power, not unions
By Deborah J. La Fetra
Much of the commentary ignores the fact that the unions had no power to take workers’ wages without state statutes authorizing...
U.S. Supreme Court, International Law
American courts owe respect to foreign court interpretations, but need not defer
By Christopher A. Whytock
In its October 2017 term, the U.S. Supreme Court considered the amount of deference U.S. courts should give to foreign governm...
Health Care & Hospital Law, Administrative/Regulatory
Federal government’s annual health care fraud takedown
By Nina Marino, Jennifer Lieser
Under the leadership of Attorney General Jeff Sessions, this years takedown focused on medical professionals seen as having co...
Securities, Corporate
New lessons about data breaches and insider trading
By Joshua M. Robbins, Adam M. Sechooler
The massive Equifax data breach has brought new attention to the challenges companies face in securing consumers’ personal inf...
Book review: Carlo Rovell's "The Order of Time"
Civil Litigation, Intellectual Property, Entertainment & Sports
What’s the deal with this suit against Jerry Seinfeld?
By Delia Ramirez
Almost six years following the release of the series “Comedians in Cars Getting Coffee,” Jerry Seinfeld is facing a lawsuit fi...
Civil Litigation, Insurance, Construction, California Courts of Appeal
Insuring ongoing operations
By Garret D. Murai
An appellate decision makes it clear that insurers intending to limit coverage to ongoing operations must use clear and unambi...
In his new book “Varina,” Charles Frazier continues to be one of the great poetic chroniclers of the Upper South.
U.S. Supreme Court, Judges and Judiciary, 9th U.S. Circuit Court of Appeals
Kennedy and I
By Alex Kozinski
Above all, Justice Kennedy’s decency and wisdom will perpetuate so long as the United States continues to be decent and wise.
Tips for effective writing and strong oral advocacy
Civil Litigation, Alternative Dispute Resolution
Discovery in arbitration
By Charles H. Dick Jr.
Just because discovery tools exist does not mean they must be used, and they are not a muscle-flexing exercise. When discovery...
Law Practice, Law Office Management
Who didn’t pay their bill, and why?
By Frederick Hertz
Trying to figure out why certain of your clients didn’t pay their bills in full is a truly worthwhile exercise.
Law Practice, Law Office Management
Don’t wait to the end of the year to address billing issues
By Shari L. Klevens, Alanna G. Clair
Addressing billing and collections issues throughout the year can both save money and can limit the headaches associated with ...
U.S. Supreme Court, Constitutional Law
What the high court said in OT ’17
By James Azadian, David Boyadzhyan
As was correctly observed at the beginning of this term by Justice Ruth Bader Ginsburg, “there’s only one prediction that’s en...
U.S. Supreme Court, Constitutional Law
Kennedy's parting can(n)on of ferociously unregulated speech for pro-life pregnancy clinics
By David Boyle
With his concurring opinion in NIFLA v. Becerra, the high court's swing voter is leaving with roar, not a whimper.
Civil Litigation, Intellectual Property
Resolving the patent eligibility question
By Emily Bullis
As James Madison once said, “It will be of little avail to the people if the laws are so incoherent that they cannot be unders...
Bankruptcy, 9th U.S. Circuit Court of Appeals
Critical vendors can be key to Chapter 11 reorganization
By David S. Kupetz, Asa Hami
A recent ruling shows that “critical” vendors can be key to a Chapter 11 reorganization.
Labor/Employment
Unique challenges facing small employers in the #MeToo era
By Judith Droz Keyes
California law requires companies having five or more employees to take “all reasonable steps necessary” to prevent harassment...
Immigration, Criminal, Constitutional Law
U Visa application status and compliance with Brady
By George K. Rosenstock
The issue arises as to whether a victim’s U Visa application and/or status is subject to mandatory disclosure by a prosecutor ...
What has always been a constant for me is a principle on which I was raised: always act with integrity.
Civil Litigation, Law Practice, Judges and Judiciary, Appellate Practice
Riding the waive
By Benjamin G. Shatz
Do you, Exceptional Lawyer, have the confidence to know when to waive oral argument?