U.S. Supreme Court, Civil Litigation
FCA traps, zaps and zingers
By Carolyn F. Mcniven
Defense attorneys are applauding a district judge’s recent ruling in a False Claims Act case.
Civil Litigation, Alternative Dispute Resolution
Did the arbitrator exceed her power in Stormy Daniels case?
By Michael H. Leb
Although grounds for vacating an arbitration award are few and the burden is hard to meet, she seems to have a plausible argum...
Tax, Government, Administrative/Regulatory
IRS updates on exemption applications after restructuring and DAF guidance
By Erin Bradrick
The IRS recently released Revenue Procedure 2018-15 clarifying the circumstances in which an exempt entity that undergoes a co...
Obituaries, Civil Litigation, Law Practice
The civility and decency of a legal titan: Maxwell M. Blecher
By David W. Kesselman
At a time when our society’s civility and decency are being threatened every day, I feel compelled to write about the passing ...
U.S. Supreme Court, Securities
Searching for fraud on the market
By Thomas A. Zaccaro, Nicolas Morgan
The questions raised by Barclays' petition for certiorari require answers to clarify the application of the fraud-on-the-marke...
I just lost an appeal. It really hurts. I can console myself with the fact that the appellate judges didn’t seem to like my cl...
U.S. Supreme Court, Civil Litigation, Constitutional Law, 9th U.S. Circuit Court of Appeals
Data breach standing ruling invites review
By Ian C. Ballon
The 9th Circuit recently said merely having personal information exposed in a breach is sufficient harm to justify Article III...
Civil Litigation, Law Practice, Government, State Bar & Bar Associations, Alternative Dispute Resolution
Mediation confidentiality reform still up for grabs
By A. Marco Turk
The battle between eliminate certain aspects of mediation confidentiality continues with a proposed Senate resolution to reaut...
Law Practice, Law Office Management, California Supreme Court, Bankruptcy, 9th U.S. Circuit Court of Appeals
No more unfinished business
By Suzzanne Uhland, Jennifer M. Taylor
Does a dissolved law firm, under California law, have a property interest in unfinished hourly fee matters upon its dissolutio...
Tax, Government, Administrative/Regulatory
IRS is set to end offshore voluntary disclosure program
By Nathan J. Hochman, Andrew Allen
The Internal Revenue Service announced this week that it will close the Offshore Voluntary Disclosure Program on Sept. 28, 2018.
What’s magical about the number 68? Nothing at all.
After moving West and joining the California and Hawaii Bars, I have never stopped traveling to practice law. Here are some ti...
Judges and Judiciary, Government
More on ballot designations and other shenanigans
By Randolph M. Hammock
I am generally pleased to note that the vast majority of the current field of candidates for Los Angeles County Superior Court...
U.S. Supreme Court, Environmental & Energy, Constitutional Law
Property rights vs land use regulations at high court
By Richard M. Frank
The U.S. Supreme Court's 2018-19 term is already shaping up as one of the court's most consequential in recent memory when it ...
Civil Rights, California Supreme Court, 9th U.S. Circuit Court of Appeals
Judgment creditor not entitled to restitution on reversal
By Megan Lisa Jones
Essentially, by assuming the risk of taking possession, the judgment creditor cannot then ask for damages, despite running the...
Real Estate/Development, Bankruptcy
Landlords must know the rules when tenants file for bankruptcy
By Stuart B. Rodgers
The filing of a Chapter 11 bankruptcy petition by a tenant can pose potential financial and administrative problems.
U.S. Supreme Court, Civil Litigation, Labor/Employment, California Supreme Court, California Courts of Appeal, 9th U.S. Circuit Court of Appeals
Supreme Court headed for arbitration wonderland
By Steven B. Katz
“Sentence first — verdict afterward,” said the Red Queen at the end of Alice’s trial. Perhaps she was talking about the Federa...
Labor/Employment, Immigration, Constitutional Law
Employers: What to know as immigration battle plays out
By Arthur F. Silbergeld, Kacey R. Riccomini
As the battle between federal preemption and states’ rights heats up, California Attorney General Xavier Becerra stands tall i...
Securities, Mergers & Acquisitions, Corporate
Benefits and risks to having corporate venture capital arms
By S. David Goldenberg
In the last decade or so, corporate venture capital divisions have grown from small side players in the venture industry to a...
The politicization of the San Francisco County Superior Court
By J. Anthony Kline
At the June election, four public defenders hope to unseat four judges simply because they were appointed by a Republican gove...
Real Estate/Development, Construction, California Supreme Court, California Courts of Appeal
Despite loss in Right to Repair Act ruling, homeowners have options
By Garret D. Murai
The California Supreme Court recently held that the act does apply to claims involving actual damages in newly constructed re...
U.S. Supreme Court, Government, Constitutional Law
Trump vs the Golden State
By Erwin Chemerinsky
Based on current law, there is merit to arguments on each side, but more on the side of California in this dispute.
The applications of blockchain technology go far beyond cryptocurrencies.
U.S. Supreme Court, Civil Litigation, Entertainment & Sports, Administrative/Regulatory
Looming ruling in sports betting case will have a big impact on business
By Aaron B. Swerdlow
The U.S. Supreme Court is expected to decide by June on a case brought by New Jersey seeking to overturn a federal ban on spor...
Real Estate/Development, Government, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals
Tenant buyout business to continue as usual in SF after ruling
By C. Danny Wang
Property owners and landlords must continue complying with the requirements of an ordinance regulating the manner by which the...
Civil Litigation, Insurance, Health Care & Hospital Law, California Supreme Court
State high court to consider insurance for opioid claims
By Caroline Hurtado Ford, Brittany Parks
Last month, the California Supreme Court granted review of a case seeking redress for past and future costs of providing incre...
Civil Litigation, Labor/Employment, California Supreme Court
New ruling on bonus pay favors employees; here’s how it works
By Christian J. Scali, Jack Schaedel
Last week, the California Supreme Court reversed an appellate court decision which dictates how employers in the state should ...
U.S. Supreme Court, Government, Constitutional Law, 9th U.S. Circuit Court of Appeals
Courts should not do Congress’ job
By Kris Whitten
Rather than asking the courts to do their job for them, our elected representatives should do what they’re being paid for and ...
Civil Litigation, California Supreme Court, California Courts of Appeal
Split affects California inverse condemnation practice
By Jill Casselman
This new authority split calls into question the availability of Section 1260.040 legal issue motions, leaving inverse condemn...
Civil Litigation, Insurance, California Courts of Appeal
A bard and a bottle: no insurance coverage for counterfeit wine
By Kirk A. Pasich
Last week, the 4th District Court of Appeal rendered a decision in Old English style, addressing what it described as a “Shake...