U.S. Supreme Court, International Law, Immigration, Government
High court travel ban ruling will have broad impact
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
By Jeremy K. Robinson
On Monday, the U.S. Supreme Court reaffirmed both the critical importance — and difficulty — of defining the product market in...
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
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
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
County can hire independent contractors who don't meet Dynamex test
By Michael H. Leb
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
Nonconsensual pornography: Challenges for victims and stakeholders
By Christina Gagnier
Victims and advocates must overcome societal stigma and make do with a patchwork of state laws.
Insurance
Wildfire threats keep consumers from finding insurance
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
Handling Federal Aviation Administration enforcement matters
By John T. Van Geffen
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
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
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
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
How will Masterpiece Cakeshop affect California employers?
By Monte K. Grix
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
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...
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
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
Annual review: Where did you ‘profit’ and where did you ‘lose’?
By Frederick Hertz
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
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
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
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
Options for serious fee disputes: mediation, arbitration or litigation
By Frederick Hertz
The key is to remain open to whichever process your client wishes to use.
Tax, Civil Litigation
Why emotional distress damages are taxable but sickness is not
By Robert W. Wood
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
By Kara Mahoney, Amanda Powell
Other government agencies provide notice to attorneys -- why can't the VA?
Securities, Entertainment & Sports, Corporate
A Different Game
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
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
Forum selection, personal jurisdiction and shareholder derivative suits
By Mohammed Elayan
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
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
As GDPR takes effect, US relies on patchwork of regulations
By Anita Taff-Rice
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
Hitting discovery disputes out of the park — with baseball arbitration
By Curtis E.A. Karnow
I write on the most common discovery problem — and propose an unusual solution: baseball arbitration.
Tax, Civil Litigation, Labor/Employment, California Supreme Court
Will employee classification ruling just lead to even more lawsuits?
By Robert W. Wood
Even if you have a good handle on the issues that may weigh in favor of one classification or another for a particular worker,...
