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U.S. Supreme Court, Criminal, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals

Courts clearing up police liability, immunity

Dec. 1, 2017
By Robert L. Bastian Jr.

There are encouraging signs that both state and federal appellate courts are addressing distorted interpretations of statutory...


U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court

Issues with biometrics: Here’s looking at you, Fed

Dec. 1, 2017
By Jason S. Leiderman

The iPhone X's facial recognition feature sure is cool. But what will it mean when it comes to your privacy, Fifth Amendment a...


Obituaries, Judges and Judiciary, Civil Rights, 9th U.S. Circuit Court of Appeals

The Real Mayor of Los Angeles

Dec. 1, 2017
By Christopher David Ruiz Cameron

The Real Mayor of Los Angeles passed away this week. Like the elected mayor who actually keeps an office in City Hall, this un...


Obituaries, Judges and Judiciary, Civil Rights, 9th U.S. Circuit Court of Appeals

Judge Harry Pregerson was a Prince

Dec. 1, 2017
By Julie A. Werner-Simon

In just the last few days, one charmed Prince Harry has gotten engaged and another Prince Harry has left us.


Law Practice, Law Office Management, Ethics/Professional Responsibility

Five tips for effective billing and collection as the year comes to a close

Dec. 1, 2017
By Shari L. Klevens, Alanna G. Clair

For all of the effort that goes into providing legal services, far too many attorneys take an informal, anything-goes approach...


Civil Litigation, Judges and Judiciary, Alternative Dispute Resolution

Keyword mediation helps expedite e-discovery

Dec. 1, 2017
By Daniel B. Garrie, Gail A. Andler

This alternative can benefit both parties, as well as the court, because a mediator can expedite an agreement in a technically...


U.S. Supreme Court, Civil Litigation, Constitutional Law

Ripeness: the ghost of takings' past

Nov. 30, 2017
By Michael M. Berger

As it is that Dickensian time of year, it seems appropriate to once again review the ghostly presence of the ripeness doctrine...


Government, Construction, Administrative/Regulatory

In a decision last year, the Court of Appeal erred in concluding that it would be "illogical" to uphold a law requiring new fi...


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

The high court heard arguments on Monday to consider the constitutionality of administrative proceedings that revoke issued pa...


Tax, Labor/Employment, Corporate, 9th U.S. Circuit Court of Appeals

Now that the 9th Circuit allows tax gross ups, will this spill over into other cases beyond Title VII?


Law Practice, Ethics/Professional Responsibility, California Courts of Appeal, Appellate Practice

The dangers of attorney disqualification motions

Nov. 30, 2017
By Matthew S. Kahn

Despite its holding, the Court of Appeal's decision (as well as the trial court's order) serves as a reminder that courts take...


Year in Review Column, U.S. Supreme Court, Constitutional Law, California Supreme Court

Property rights hit by high courts

Nov. 29, 2017
By Basil S. Shiber, Karl E. Geier

Like a lobster in slowly warming water, only in retrospect does the magnitude of the loss appear.


Year in Review Column, Civil Litigation, Constitutional Law, Civil Rights

Anonymity is as fragile as a glass door

Nov. 29, 2017
By Andres Hurwitz, Debra Garfinkle

New industries often lead to new legal issues, and the anonymous internet review industry represented by Glassdoor and Yelp wa...


Labor/Employment, Civil Rights

Sexual harassment in closed, quasi-closed systems

Nov. 29, 2017
By Hannah Brenner, Kathleen Darcy

The recent outpouring of impassioned stories suggests that we are entering a new era in which these transgressions are being t...


Securities, Corporate

The rapid rise of initial coin offerings has caused directors and officers of corporations with stockholders who are not offic...


Corporate, Administrative/Regulatory

With release of the new regulations this month, cities and counties can now get a glimpse of what a regulated cannabis industr...


U.S. Supreme Court, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals

A federal lawsuit filed in the Southern District of California provided a key link in the evolutionary chain of school desegre...


Labor/Employment, Government, Administrative/Regulatory

During the shooting last month, four off-duty deputies from the Orange County Sheriff's Department bravely jumped into action ...


Law Practice, California Courts of Appeal

When is a demand letter considered just a 'bluff'?

Nov. 28, 2017
By Edwin F. McPherson

Several questions come to mind as a result of this case: How is it to be determined if a demand letter is a just "bluff," or t...


Labor/Employment, Corporate

Workplace sexual harassment in 2017

Nov. 28, 2017
By Judy Droz Keyes

I have to join in the chorus of voices asking: How can this be? Who is to blame? What can we do?


Labor/Employment, Corporate

Regardless of size, industry, product, service or entity type (corporation, nonprofit, partnership, foundation or education in...


Civil Litigation, California Courts of Appeal, Appellate Practice

Choosing DIY when you need to appeal

Nov. 27, 2017
By Charles M. Kagay

If you are desperate to get out of the trial court and into the Court of Appeal, there is an obvious temptation to find a way ...


Tax, Law Practice, Corporate

For audits of partnerships with partnership years beginning on or after January 2018, new audit rules will apply.


Real Estate/Development, Corporate, California Supreme Court

A California Supreme Court decision may not have made the headlines, but it creates a wrinkle that attorneys handling real est...


U.S. Supreme Court, Criminal, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals

Sexual privacy in the 9th Circuit

Nov. 24, 2017
By Jerald Mosley

The 9th U.S. Circuit Court of Appeals is considering whether the right to sexual privacy is violated by California's anti-pros...


Labor/Employment, Immigration, Government, Administrative/Regulatory

The order has caused unintended consequences on the very businesses that it seeks to protect.


Law Practice, Insurance, California Courts of Appeal

Claims-made-and-reported policies and Section 3275

Nov. 24, 2017
By Dominic Nesbitt

This case involves one of the worst nightmares" faced by a professional under a malpractice policy.


Tax

It’s not too late to finds ways to reduce your taxes

Nov. 24, 2017
By Bruce Givner, Owen Kaye

November is almost over. The April 15, 2018, due date for your personal income tax return is five months away. It is not too l...


Civil Litigation, Labor/Employment, Corporate

States are reining in NDA abuse

Nov. 22, 2017
By Anthony J. Oncidi, Yonatan L. Grossman-Boder

State Sen. Connie M. Leyva has announced that she will introduce legislation to "ban secret settlements (confidentiality provi...


Tax

Tax bill includes 'Harvey Weinstein tax'

Nov. 22, 2017
By Robert W. Wood

The Senate tax bill includes a provision that, if passed, would deny certain defendants the ability to deduct certain legal fe...