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

An Epic shadow over PAGA

MCLE
Jul. 13, 2018
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...


Immigration

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

Jul. 12, 2018
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?

Jul. 12, 2018
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

However future cases may interpret Pasadena Police, the case is consistent with California courts' general policy of construin...


Administrative/Regulatory

As the Aug. 30 effective date approaches, the new regulations already are having a significant effect on consumer product supp...


Law Practice

Tips for newly minted in-house counsel

Jul. 12, 2018
By Suzette Z. Torres

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

Jul. 12, 2018
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

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

Jul. 11, 2018
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

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

Jul. 11, 2018
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

Jul. 11, 2018
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...


Books

Where the days go

Jul. 10, 2018
By Richard Wirick

Book review: Carlo Rovell's "The Order of Time"


Civil Litigation, Intellectual Property, Entertainment & Sports

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

Jul. 10, 2018
By Garret D. Murai

An appellate decision makes it clear that insurers intending to limit coverage to ongoing operations must use clear and unambi...


Books

Rose of Mississippi

Jul. 9, 2018
By Richard Wirick

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

Jul. 9, 2018
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.


Law Practice, Appellate Practice

What a judge wants

MCLE
Jul. 9, 2018
By Joshua C. Williams

Tips for effective writing and strong oral advocacy


Civil Litigation, Alternative Dispute Resolution

Discovery in arbitration

Jul. 6, 2018
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?

Jul. 6, 2018
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

Jul. 6, 2018
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

MCLE
Jul. 6, 2018
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

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

Jul. 5, 2018
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

Jul. 5, 2018
By David S. Kupetz, Asa Hami

A recent ruling shows that “critical” vendors can be key to a Chapter 11 reorganization.


Labor/Employment

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

Jul. 5, 2018
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 ...


Law Practice

Some advice to new lawyers

Jul. 5, 2018
By Stacy D. Phillips

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

Jul. 3, 2018
By Benjamin G. Shatz

Do you, Exceptional Lawyer, have the confidence to know when to waive oral argument?