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
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...
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
Quote misstates Brady rule
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
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
Ruling in terror attack case ends over two decades of litigation
By Gabrielle Goodwin
It started when three Hamas suicide bombers blew themselves up on a crowded pedestrian street in central Jerusalem in Septembe...
Civil Litigation, Law Practice
Motions to strike added to CCP Section 472 in 2018
By Johanna Oh
Up until 2017, the California Code of Civil Procedure was unclear as to how one was to calculate deadlines for amending pleadi...
Civil Litigation
Facebook ruling may encourage biometric-privacy actions
By Kamran Salour
On Monday, the Northern District of California issued a ruling denying Facebook’s motion to dismiss for lack of subject matter...
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
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
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
America’s least-known ‘civil rights movement’
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
It will take a legal reckoning for athlete victims to get justice
By John D. Winer
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
Lawyers: Learn what body language is — and what it is not
By Phillip R. Maltin
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?
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
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
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
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
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
Is your administrative appeals process fatally flawed?
By Matthew S. Kane
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
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
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
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
By Shari L. Klevens, Alanna G. Clair
The benefits of technology are not without their risks — particularly when it comes to emails.
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
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
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
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
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
Appellate magic relies on trial lawyer preparation
By Ben Feuer
What looks so easy for a magician usually comes from a lot of practice and advance planning. Tricky devices set up just-so, pl...