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U.S. Supreme Court, Civil Litigation, Intellectual Property

On May 14, the U.S. Court of Appeals for the Federal Circuit held that the burden of establishing proper venue under Section 1...


Civil Litigation, Construction, California Supreme Court

It's been a roller coaster. But the ride appears to be over.


Civil Litigation, Government, Contracts

Statistical sampling lowers bar for plaintiffs in false claims cases

May 17, 2018
By Robert T. Rhoad, Matthew W. Turetzky

Despite high stakes and legal issues that have long been well defined, the courts are far from reaching consensus as to when s...


International Law, Intellectual Property, Government, Antitrust & Trade Reg.

Say no to trade wars, say yes to blockchain

May 17, 2018
By James Cooper

Chinese innovators look to U.S. leadership and partnership as the world’s most complex problems are solved through joint techn...


Tax, Corporate

Beware taxes on restricted crypto and options

May 17, 2018
By Robert W. Wood

There are plenty of crypto-related startups, some of which have gotten quite big and quite valuable. That means options, cryp...


Real Estate/Development, Environmental & Energy, Administrative/Regulatory

First in nation requirement for solar in new homes

May 17, 2018
By Brian J. Nese, Sarah E. Kozal

Earlier this month the California Energy Commission adopted new building standards that will require new construction projects...


Government, Administrative/Regulatory

Three U.S. senators are examining whether AT&T may have engaged in a “pay for play” arrangement to buy influence or to ach...


Tax, Labor/Employment, Government

This month nonprofits should know about a new bill could affect charitable crowdfunding, the California Supreme Court’s recent...


Transportation, Labor/Employment, Insurance, California Supreme Court

When the California Supreme Court ruled that many independent contractors must be reclassified as employees, it may have unint...


Law Practice

In praise of quiet

May 15, 2018
By Frank H. Wu

I find myself appreciating quiet as I would not have anticipated before reaching 51 years of age.


Judges and Judiciary, Government

Lawyers have a duty to inform voters

May 15, 2018
By Erwin Chemerinsky

I worry that judicial independence is too abstract a value to resonate with most voters. That is why the burden falls on lawye...


Letters, Insurance, Government

Misguided attorney aligns himself with insurance industry in opposing bill.


Transportation

Tesla: a newcomer, a game changer... a financial disaster?

May 15, 2018
By Jonathan A. Michaels

This month, Tesla released its 2018 first quarter financials, with horrid results. In the first three months of the year, Tesl...


Insurance

Future of cryptocurrency insurance is tough to predict

May 15, 2018
By Florence A. Druguet, Barry L. Weissman

The insurance industry has found it challenging to insure cyber data. Cryptocurrencies present even more challenges.


Tax, Government

With a goal of fueling long-term private sector investment in low-income urban and rural communities, the Tax Cuts and Jobs Ac...


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

Restore Federal Arbitration Act to its rightful place

May 14, 2018
By John F. Querio, Felix Shafir

The Supreme Court should reject the National Labor Relations Board’s interpretation of the FAA and ensure arbitration agreemen...


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

Worker civil rights depend on legal action

May 14, 2018
By Jocelyn D. Larkin

A decision by the Supreme Court to allow employers to deprive employees of their statutory rights to take concerted action wil...


Education Law, Constitutional Law

What can schools do about cyberbullying?

MCLE
May 14, 2018
By Gregory J. Rolen

The Founding Fathers could not possibly have anticipated bullying in cyberspace. But they did appreciate, and protected, the r...


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

Can prior pay inform a new hire's salary?

MCLE
May 11, 2018
By Kathryn G. Mantoan

Learn how the 9th Circuit’s en banc opinion in Rizo v. Yovino both clarifies and complicates the question.


Insurance, Government, Administrative/Regulatory

If the Legislature can move a bill like SB 917 to shore up coverage for landslides, can it also move to give more teeth to Ins...


Insurance, Government, Administrative/Regulatory

Why is the insurance commissioner sponsoring a bill that would make it easier for insurance companies to shortchange homeowner...


Tax, Civil Litigation, Law Practice

Need a CPA to produce records? Here’s their rules

May 11, 2018
By Benjamin Koodrich

Even if a subpoenaing party has complied with the notice procedures, there may be other reasons that a CPA may not be able to ...


Transportation, Government, Administrative/Regulatory

Only time will tell whether scooter-share companies will have to face the regulatory music.


Civil Litigation, Alternative Dispute Resolution

There is a time and place for revealing the bottom line, but it’s usually at the very end, not the very start of mediation or ...


Civil Litigation, Labor/Employment, California Supreme Court

If a shipment originates out of state or out of the country and is transported into California, for example, and then from the...


Civil Litigation, Entertainment & Sports, Antitrust & Trade Reg.

Festival 'radius clauses' put to test

May 9, 2018
By Delia Ramirez

Over the past few years, the festival industry has grown exponentially — and with that so too has the scope of radius clauses ...


Law Practice, Law Office Management

What to expect when leaving your firm

May 9, 2018
By Daniel O'Rielly, Dena Roche

It turns out that what may appear unlikely or uncommon is quite usual in partner departures, and some circumstances that may b...


Civil Litigation, Insurance

Under a claims-made-and-reported policy, the consequences of a delay in reporting can be disastrous, namely a complete loss of...


U.S. Supreme Court, Government, Constitutional Law

Aside from the legislative activity (or inactivity), there remains a heightened sensitivity to the use of eminent domain by pu...


Civil Litigation, Labor/Employment, California Supreme Court

The simplicity of the employee classification test recently announced by the state high court is something of a double-edged s...