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Government, Administrative/Regulatory

Citizen pathway for raising drug approval concerns gone astray

May 30, 2018
By Robin Feldman, Prianka Misra

FDA citizen petition abuse is an instrumental anti-competitive tool that pharmaceutical companies use to delay market entry of...


Health Care & Hospital Law, Family

A library for legal disputes over child vaccination

May 30, 2018
By Dorit Reiss, Stanley A. Plotkin

What happens when parents are split on whether to vaccinate a child?


Civil Litigation, Intellectual Property, 9th U.S. Circuit Court of Appeals

A tale of three presumptions in trademark cases

May 29, 2018
By Brian M. Wheeler

The legal presumption of irreparable harm in Lanham Act cases may have been retired, but a 9th Circuit case suggests the logic...


Labor/Employment, Civil Rights, California Supreme Court

Counseling employers on wage matters after Alvarado v. Dart Container

May 29, 2018
By Arthur F. Silbergeld, Tristan R. Kirk

Numerous articles have been have focused on the correct method of computation when a flat-sum bonus is paid and the retroactiv...


Civil Litigation, 9th U.S. Circuit Court of Appeals

A recent 9th Circuit decision aptly illustrates the uncertain future of California’s anti-SLAPP statute in federal cases.


U.S. Supreme Court, Civil Litigation, Labor/Employment, California Courts of Appeal

In the wake of the U.S. Supreme Court's recent decision upholding agreements to individually arbitrate wage-and-hour claims, C...


Constitutional Law

@realDonaldTrump: You can’t block people

May 29, 2018
By John T. Nockleby, Sherene Tagharobi

The recent ruling in the Trump Twitter-blocking case itself is a clear First Amendment victory in a legal sphere just beginnin...


Civil Litigation, Law Practice, Appellate Practice

Breaking up is hard to do. This is as true for law firms as is it is for couples.


Letters, Government, Constitutional Law

Don’t look to the courts for social change

May 29, 2018
By Richard A. Nixon

In his May 18 column, “Ronald K. Nickens asserts that the Senate Judiciary Committee must not elevate these two nominees becau...


Letters, Judges and Judiciary

Clarifying an issue in judicial races article

May 29, 2018
By Arthur A. Harrison

I wish to clarify one issue in the May 23 article, "Several state judicial races marked by personal attacks."


Tax, Government

The myth of college for all

May 25, 2018
By Megan Lisa Jones

A proposed state-level estate tax to raise money for college tuition won't live up to its name, the College for All Act of 2018.


U.S. Supreme Court, Civil Litigation, Entertainment & Sports, Constitutional Law

Gambling in America: The floodgates are open

May 25, 2018
By Dennis M.P. Ehling

The U.S. high court's recent sports betting ruling is sure to cause a flurry of activity in state legislatures across the cou...


Civil Litigation, Alternative Dispute Resolution

Arbitration with the stars

May 25, 2018
By Steven H. Kruis

A movie star and a production company agreed to make a movie and signed a contract with an arbitration clause.


Law Practice, Ethics/Professional Responsibility

Don’t lose sight of ethics when using social media

May 25, 2018
By Shari L. Klevens, Alanna G. Clair

It’s safe to say that social media use by attorneys and law firms will only continue to grow as younger generations take the r...


Banking

Bankruptcy and de facto ownership

May 25, 2018
By Stuart B. Rodgers

Several Bankruptcy Courts have allowed trustees to recover property held or transferred by non-debtor third parties via "de fa...


U.S. Supreme Court, Civil Litigation, 9th U.S. Circuit Court of Appeals

Arbitration critics are cognizant that amending, diluting or ending arbitration in California may suffer reversal under U.S. S...


A few weeks ago, summons in hand, I walked into the jury room of Clara Foltz Criminal Justice Center figuring I would simply b...


Law Practice, California Supreme Court, State Bar & Bar Associations

Attorney re-fingerprinting story is quite disturbing

May 25, 2018
By Nathaniel J. Friedman

The critical paragraph reads “Many of the state’s 190,000 active lawyers must be re-fingerprinted because for more than 25 yea...


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

In Epic Systems, we were treated to the rare spectacle of the California Supreme Court accurately anticipating the U.S. Suprem...


Insurance, 9th U.S. Circuit Court of Appeals

Preexisting condition doesn’t preclude coverage

May 24, 2018
By Robert J. McKennon

The 9th Circuit ruled that if an insured with a preexisting medical condition gets in an accident, but the condition does not ...


In the wake of #MeToo, as employers are striving to reform their harassment policies, they should bear in mind that harassment...


Civil Litigation, Intellectual Property

Litigants value early case assessment by their law firms for obvious business reasons. This exercise is uniquely important in ...


Law Practice, Contracts

Written influencer agreements allow the advertiser and influencer to get on the same page about expectations and risk allocati...


Immigration, Government, Entertainment & Sports, Constitutional Law

Sports betting ruling and sanctuary cities

May 23, 2018
By Jonathan Wood

Undoubtedly, California will cite the case to shield against the United States’ lawsuit challenging the state’s sanctuary citi...


Insurance

While to date there has been relatively few reported cases involving cyberinsurance coverage disputes, there has been much lit...


Administrative/Regulatory

Potential new liability regime for credit reporting agencies

May 23, 2018
By Jonathan C. Sandler, Rosanna Carvacho

The California Legislature is considering enacting Assembly Bill 1859, which would impose substantial new security obligations...


Criminal, Constitutional Law, California Courts of Appeal

This month, two cases discussed informing DUI defendants of the right to refuse blood testing and the consequences of a refusal.


Letters, State Bar & Bar Associations

Time for the State Bar to ditch the MBE

May 23, 2018
By Ira L. Shafiroff

Any lawyer who has practiced more than six months knows that the MBE tests no such skills.


Transportation, Tax

The Tax Cuts and Jobs Act has quickly reshaped business and individual tax incentives for aircraft usage.


Real Estate/Development, Government, Administrative/Regulatory

Costa-Hawkins and the future of rent control in California

May 22, 2018
By Joseph Tobener, Rahman Popal

It is not a coincidence that the effort to overturn the law comes in the wake of an unprecedented housing crisis.