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Civil Litigation, Administrative/Regulatory

Companies get some relief in automatic dialing system ruling

Apr. 11, 2018
By Michael L. Mallow, Rachel A. Straus

A recent ruling rolled back the FCC’s broad definition of “automatic dialing system” under the Telephone Consumer Protection Act.


Civil Litigation, Intellectual Property

Courts are grappling with claims that comprise an innovative method performed within an ordinary computer that does not improv...


Real Estate/Development, Civil Litigation

Courts favor tenants on emotional support animals

Apr. 11, 2018
By Michael J. Rubino

The number and variety of emotional support animals seem to expand yearly. Also expanding is the amount of litigation involvin...


Labor/Employment, Intellectual Property

Don’t let trade secrets walk out the door with departing employees

Apr. 11, 2018
By Travis J. Anderson, Paul S. Cowie

There are important steps that can be taken to both mitigate the harm and prevent future problems when an employee with access...


Civil Litigation, Construction, California Courts of Appeal, Appellate Practice

A win for broad indemnity (and defense) provisions

Apr. 10, 2018
By Garret D. Murai

While parties generally understand the intent behind indemnity provisions, few understand how they are actually applied.


U.S. Supreme Court, Immigration, Constitutional Law

The U.S. Supreme Court will first review an act of President Donald Trump’s leadership on April 25 in Trump v. Hawaii.


Health Care & Hospital Law, Government

California needs more proactive leadership on youth mental health

Apr. 9, 2018
By Patrick H. Gardner, Nisha S. Ajmani

Lawsuits should not be the first recourse to sound mental health policy and effective programs.


Law Practice, Books

A casual shift from economist to philosopher

Apr. 9, 2018
By Corbin K. Barthold

Corbin Barthold reviews Steve Pinker’s latest book, “Enlightenment Now: The Case for Reason, Science, Humanism, and Progress.”


Government, Administrative/Regulatory

FDA issues first-of-its-kind recall

Apr. 9, 2018
By Pooja S. Nair

Last week, the Food and Drug Administration exercised its mandatory recall authority under the Food Safety Modernization Act f...


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

Ruling addresses when a third-party acts as ERISA fiduciary

Apr. 6, 2018
By Robert J. McKennon, Stephanie L. Talavera

The 9th Circuit outlined the role that employers and others play as fiduciaries under ERISA, in order “to ensure that employee...


Civil Litigation, Government, Administrative/Regulatory

Coastal Commission says no to Airbnb ban?

Apr. 6, 2018
By Jeremy B. Talcott

The commission was so preoccupied with whether or not it could regulate short-term rentals, it didn't stop to think if it should.


Law Practice, Ethics/Professional Responsibility, Civil Litigation

Ethical risks when an attorney takes the stand

Apr. 6, 2018
By Shari L. Klevens, Alanna G. Clair

An attorney who is called to serve as a witness in an action faces unique risks -- even one who has questioned hundreds of wit...


Family, Alternative Dispute Resolution

The role of the law in divorce mediation

Apr. 6, 2018
By Franklin R. Garfield

While the parties may decide to resolve one or more issues based on their feelings or notions of fairness or other personal co...


Civil Litigation, Intellectual Property, Entertainment & Sports, California Courts of Appeal

From the Three Stooges to Olivia de Havilland

Apr. 6, 2018
By Rebecca Tushnet

Fortunately, the Court of Appeal recently rejected the famed actress' right of publicity case, but its own reasoning hardly cl...


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

Notwithstanding some unfortunate language in prior cases, there really is not any such burden-shifting doctrine associated wit...


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

Be cautious in response to service advisor ruling

Apr. 5, 2018
By Arthur F. Silbergeld

Dealers in California should think twice before assuming the Supreme Court's ruling in the final word.


U.S. Supreme Court, Immigration, Government, Constitutional Law

In the long run, only Congress and the president can resolve the underlying issue: the extent to which the United States will ...


Tax, Corporate, Administrative/Regulatory

A corporation may pay a penalty and receive forgiveness for entering into contracts that otherwise would be voidable -- but it...


Entertainment & Sports, Contracts, Civil Rights

Inclusion riders: Cause of the day or here to stay?

Apr. 5, 2018
By Glen A. Rothstein

Like many things, the issue will come down to negotiation power, leverage, fear of negative publicity and loss of potential re...


International Law, Government, Constitutional Law, Administrative/Regulatory

CLOUD Act is an about-face on constitutional rights

Apr. 5, 2018
By Camille Fischer

On March 23, President Donald Trump signed a law that could undo the very protections for privacy and autonomy that American c...


Law Practice, Judges and Judiciary, Government, Administrative/Regulatory

Unless we bring our systems for making rules and regulations into the 21st century, we can’t expect to effectively respond to ...


Tax, Government, Administrative/Regulatory

One of the most difficult and unexpected provisions of the newly enacted Tax Cut and Jobs Act is the three-year holding period...


Constitutional Law

We should demand that the federal government quit providing grants to school districts for not reporting criminal activity of ...


Law Practice, Judges and Judiciary

LA lawyers: Meet the Spring Street Courthouse

Apr. 4, 2018
By Paul R. Kiesel

On April 16, the Los Angeles courthouse previously known as Central Civil West is moving to a new, but distinctly old, venue.


Tax, Government, Administrative/Regulatory

If you are committed to filing your return on time, consider how likely your return is to be audited, and whether there is any...


Letters, Judges and Judiciary, Government

Politics and the justice system: oil and water

Apr. 4, 2018
By Douglas J. Hatchimonji

When any of us fail to “take actions that place the good of society above self-interest,” the public perception of the integri...


Real Estate/Development, Law Practice, Government, Civil Rights, Administrative/Regulatory

Gideon 2.0: Tenant, you have a right to an attorney

Apr. 3, 2018
By Daniel J. O'Connell

A ballot measure in San Francisco would require the city to fund and run a program to provide tenants facing eviction with ful...


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

Service advisors exempt from overtime rules

Apr. 3, 2018
By Christian J. Scali, Jennifer Woo Burns

The Supreme Court decided a case on Monday that has played-out in a back-and-forth between the 9th Circuit and the high court...


Law Practice, Entertainment & Sports

Freshly cut grass and protective netting

Apr. 3, 2018
By Dan Lawton

Lawyers have done a lot of good things for baseball down the years. But, like everything else lawyers touch, there is some ill...


Labor/Employment, Government, Administrative/Regulatory

President Trump recently signed into law the Consolidated Appropriations Act, which includes a section on tipped employees tha...