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

High court travel ban ruling will have broad impact

Jun. 27, 2018
By Gabriel J. Chin

On Tuesday, the U.S. Supreme Court upheld the Trump administration's travel ban in a now familiar 5-4 alignment.


U.S. Supreme Court, Civil Litigation, Antitrust & Trade Reg.

It takes two to swipe an AMEX

Jun. 27, 2018
By Jeremy K. Robinson

On Monday, the U.S. Supreme Court reaffirmed both the critical importance — and difficulty — of defining the product market in...


Government, Criminal

Bills aim to change key police practices

Jun. 26, 2018
By Susan Leff

These include (1) a bill intended to limit the use of deadly force by police, (2) a bill requiring online access to local poli...


Administrative/Regulatory

Problems with the California Consumer Privacy Act

Jun. 26, 2018
By Corbin K. Barthold

The act would penalize a company for suffering a preventable data breach; entitle a consumer to learn what data a company has ...


Civil Litigation, Labor/Employment, California Courts of Appeal

Opinion sets proper boundaries for vicarious liability

Jun. 26, 2018
By Alexander M. Brand

A Court of Appeal recently reversed an approximate $14 million judgment, concluding that the county was not vicariously liable...


Civil Litigation, Labor/Employment, California Supreme Court, Alternative Dispute Resolution

The California Supreme Court's recent decision immediately made "Chicken Little" headlines, but I think it's important to high...


Civil Litigation, Law Practice, Criminal

Victims and advocates must overcome societal stigma and make do with a patchwork of state laws.


Insurance

Wildfire threats keep consumers from finding insurance

Jun. 26, 2018
By Brian S. Kabateck, Christopher B. Noyes

The season for wildfires is already here and insurance companies are running for the hills, telling homeowners they no longer ...


Transportation, Administrative/Regulatory

Today’s impressive aviation safety record did not happen overnight or by itself.


Law Practice, Insurance, Ethics/Professional Responsibility

Don’t lose your malpractice coverage over reporting mishaps

Jun. 26, 2018
By Shari L. Klevens, Alanna G. Clair

Whether an attorney has insurance coverage for a legal malpractice claim can turn on the attorney’s own knowledge and conduct ...


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

WesternGeco: Patent damages know no borders

Jun. 25, 2018
By Alex H. Chan

Last week, the U.S. Supreme Court overturned the Federal Circuit’s application of the presumption against extraterritoriality ...


Family, California Supreme Court, Appellate Practice

Child custody and the relocating parent

Jun. 25, 2018
By Sarah Hofstadter

It may be time to move away from a precedent set by the California Supreme Court over two decades ago.


U.S. Supreme Court, Labor/Employment

Legally, not much. Practically, though, it does move the goalposts. Below are some scenarios that employers can now anticipate.


U.S. Supreme Court, Tax, Civil Litigation, Corporate

Wayfair proves that the law is mightier than the Quill

Jun. 25, 2018
By Mark R. Yohalem, C. Hunter Hayes

Until last week, America’s retail economy has been distorted for over half a century by a judicially erected “tax shelter” giv...


Civil Litigation

The discovery that is different

MCLE
Jun. 25, 2018
By Michael J. Raphael

In my civil court, there is a document that I routinely order removed when it appears in trial exhibit books: requests for adm...


Government, Administrative/Regulatory

Legalized recreational cannabis: an update

Jun. 25, 2018
By Elizabeth Martyn

This article provides an update on the evolving impacts of the legalization of recreational cannabis with voter approval of Pr...


Law Practice, Law Office Management

A thoughtful year-end review is an excellent opportunity to take stock of what went right and what didn’t during the prior yea...


Civil Litigation, Labor/Employment

Workers’ compensation and personal injury lawsuits

MCLE
Jun. 22, 2018
By Lars C. Johnson

If you are a personal injury lawyer or you defend injury claims, you most likely have encountered cases involving a worker inj...


U.S. Supreme Court, Securities, Civil Litigation, Corporate, Administrative/Regulatory

SEC in-house judges ruling is the agency's latest in a string of losses

Jun. 22, 2018
By Thomas A. Zaccaro, Nicolas Morgan

The Supreme Court has now disagreed with the SEC's interpretation of the Constitution and federal law in a series of significa...


Government, Constitutional Law

California needs a lawyer

Jun. 22, 2018
By David A. Carrillo, Stephen M. Duvernay

Tim Draper’s “Three Californias” measure qualified for this November’s ballot, and it is a mortal threat to our state. We revi...


Law Practice, Ethics/Professional Responsibility

The key is to remain open to whichever process your client wishes to use.


Tax, Civil Litigation

The tax treatment of litigation damages is varied and complex. But at least the rule for compensatory damages for personal phy...


Law Practice, Health Care & Hospital Law, Government, Administrative/Regulatory

VA's failure to provide adequate notice prolongs homelessness

Jun. 21, 2018
By Kara Mahoney, Amanda Powell

Other government agencies provide notice to attorneys -- why can't the VA?


Securities, Entertainment & Sports, Corporate

A Different Game

Jun. 21, 2018
By Kyle C. Krpata, Joseph Ferrari

Considerations for athletes who are looking to become engaged in venture capital.


Civil Litigation, Administrative/Regulatory

TCPA ruling should provide businesses with more confidence

Jun. 20, 2018
By Ana Tagvoryan, Jeffrey N. Rosenthal

The D.C. Circuit recently issued its mandate to the Federal Communication Commission regarding the scope of the Telephone Cons...


Civil Litigation, Corporate, California Courts of Appeal

What if a forum selection clause requires that the target forum have personal jurisdiction over the defendants?


Constitutional Law

28th Amendment to the US Constitution: a proposal

Jun. 20, 2018
By Robert L. Bastian Jr.

The president's pointed public criticism of a federal judge's revocation of his former campaign manager Paul Manafort's bail d...


Administrative/Regulatory

Late last month, the General Data Protection Regulation, a sweeping set of regulations on collection and use of personal data ...


Civil Litigation, Judges and Judiciary, Alternative Dispute Resolution

I write on the most common discovery problem — and propose an unusual solution: baseball arbitration.


Tax, Civil Litigation, Labor/Employment, California Supreme Court

Even if you have a good handle on the issues that may weigh in favor of one classification or another for a particular worker,...