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Corporate

Delaware ruling tightens reins on director pay

Mar. 2, 2018
By Tamara M. Kurtzman

The Delaware Supreme Court recently held that director compensation awards made pursuant to discretionary compensation plans a...


U.S. Supreme Court, Civil Litigation, Labor/Employment, California Supreme Court, California Courts of Appeal, 9th U.S. Circuit Court of Appeals

The continuing saga of PAGA

Mar. 2, 2018
By Peter R. Boutin, Taylor J. Altman

One conclusion is certain: The PAGA saga is far from over. Each new California or 9th Circuit case introduces another question...


Insurance

Avoid the consequences of untimely tender

Mar. 2, 2018
By Dominic Nesbitt

It cannot be over-emphasized how critical it is to tender a liability insurance claim in a prompt and proper manner.


Letters, Criminal, Constitutional Law

A March 1 article quotes Chapman University School of Law professor Lawrence Rosenthal as saying that Brady is only relevant i...


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

High court finally set to weigh ‘occurrence’ in a CGL policy

Mar. 1, 2018
By JoLynn M. (Pollard) Scharrer, Jennifer Tung

Over a year ago, the 9th Circuit asked the state high court to clear up a question concerning third-party claims.


U.S. Supreme Court, International Law

It started when three Hamas suicide bombers blew themselves up on a crowded pedestrian street in central Jerusalem in Septembe...


Civil Litigation, Law Practice

Up until 2017, the California Code of Civil Procedure was unclear as to how one was to calculate deadlines for amending pleadi...


Civil Litigation

On Monday, the Northern District of California issued a ruling denying Facebook’s motion to dismiss for lack of subject matter...


Tax

At tax time, who actually owns that crypto?

Mar. 1, 2018
By Robert W. Wood

The fact that the IRS says crypto is property might prompt you to consider the concept of ownership. Wouldn’t it be nice if so...


U.S. Supreme Court, Government, Constitutional Law

Strange things are afoot in takings case

Feb. 28, 2018
By Michael M. Berger

A petition for certiorari is pending in a strange takings case. Although few come in contact with this kind of taking, the leg...


Labor/Employment, Government, Corporate, Administrative/Regulatory

Trump’s labor board is going back to the future

Feb. 28, 2018
By Robert E. Entin

Even though one can expect change at the NLRB whenever there is a new administration, the noise coming from the board over th...


U.S. Supreme Court, Constitutional Law, Civil Rights, Books

In “We the Corporations,” UCLA law professor Adam Winkler chronicles the astonishing story of corporations’ fight to gain equa...


Civil Litigation, Entertainment & Sports, Civil Rights, Administrative/Regulatory

As the euphoria of the Winter Olympics subsides, it's time to shine a spotlight on the explosive evidence against our country'...


Civil Litigation, Law Practice

You can’t read minds. Still, the field of body language is packed with junk science, some of which is delightfully funny.


Law Practice, Law Office Management

Should that partner stay or should that partner go?

Feb. 28, 2018
By Daniel O'Rielly, Dena Roche

The best risk management approach for partner departures is to prevent the right partners from wanting to leave the firm in th...


Civil Litigation, Corporate

Ruling provides guidance on demand futility

Feb. 27, 2018
By Allen L. Lanstra, Sarah Runnells Martin

A recent Delaware Supreme Court ruling grapples with due process concerns and demand futility.


Judges and Judiciary, Government

Judicial ballot reform is here

Feb. 27, 2018
By Randolph M. Hammock

Now that it is election season, the legal community once again will turn part of its focus upon the upcoming elections for sup...


Employee status in the age of the gig economy

Feb. 26, 2018
By James M. Nelson

A recent federal court ruling and a case recently argued before the California Supreme Court are the most recent installments ...


U.S. Supreme Court, Criminal, Constitutional Law

Ruling will change plea agreement practices

Feb. 26, 2018
By David W. Fermino, Lyn R. Agre

Last week, the U.S. Supreme Court held that a guilty plea does not inherently waive a criminal defendant’s right to subsequent...


Civil Litigation, Government, Administrative/Regulatory

A recent Court of Appeal decision signals the need for local public entities to evaluate their administrative appeals process ...


Civil Litigation, California Supreme Court, California Courts of Appeal, Appellate Practice

One little writ, big class action changes

Feb. 26, 2018
By Ben Feuer

Once in a rare while, the Court of Appeal will consider a writ petition that raises an issue of first impression, and publish ...


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

The impact of Digital Realty

Feb. 23, 2018
By Alex G. Romain, Jenna G. Williams

“Nothing in [the] opinion prevents the agency from enumerating additional means of SEC reporting.” Whether the agency will do ...


Tax, Government, Administrative/Regulatory

The tax act and exemption application updates

Feb. 23, 2018
By Erin Bradrick

Much of the talk relating to nonprofits and exempt organizations over the past few months has been with respect to anticipated...


Law Practice, Ethics/Professional Responsibility

Inadvertent emails and confidential information

Feb. 23, 2018
By Shari L. Klevens, Alanna G. Clair

The benefits of technology are not without their risks — particularly when it comes to emails.


Family

Family law with Jeffrey Blum

Feb. 23, 2018
By Jeffrey P. Blum

Spoliation, restraining orders, and a child’s best interests


International Law, Government, Constitutional Law, Civil Rights

Poland’s Holocaust speech law could have broad effects

Feb. 22, 2018
By Sassan Masserat, Eric B. Kingsley

Recently, the Polish government has come under fire for proposing legislation that would criminalize equating the Poles' compl...


Government, Constitutional Law, Administrative/Regulatory

The fight for net neutrality continues

Feb. 21, 2018
By Anita Taff-Rice

A constitutional battle may be looming as the majority of states take action to shield consumers from internet service provide...


Civil Litigation, Law Practice, Criminal, Corporate

Navigating the media in high-profile cases

Feb. 21, 2018
By Joshua G. Hamilton

When a company or individual is faced with a case that is likely to generate significant media attention, it is absolutely cri...


Law Practice, Corporate, Civil Rights

When the CEO is witness: a framework

Feb. 21, 2018
By Chad S. Hummel

Jurors project their image and expectations of the top corporate executive onto the person who is on the witness stand and hol...


Civil Litigation, Law Practice, Appellate Practice

What looks so easy for a magician usually comes from a lot of practice and advance planning. Tricky devices set up just-so, pl...