Corporate, Banking
Convertible lenders need to stay up with debt market trends
By Patrick Lawler
Lending convertible indebtedness is no longer an equity investment by another name. Convertible indebtedness is now, more and ...
Clara Shortridge Foltz must be spinning in her grave realizing that the Board of Supervisors in 1913 was far more enlightened ...
Civil Litigation, Law Practice, Judges and Judiciary
Overview of California depositions
By Patricia M. Lucas, Gary Nadler
The objective of this article and accompanying self-assessment test is to provide bench officers and lawyers with an overview ...
U.S. Supreme Court, Bankruptcy
Can you discharge a debt obtained by fraud?
By Richard A. Marshack, Judith E. Marshack
The U.S. Supreme Court will consider this question in a case it agreed to hear earlier this month.
Insurance, California Supreme Court, California Courts of Appeal
Several big insurance decisions in 2017 for policyholders
By Rex Heeseman
Recent months have yielded decisions which will impact some aspects of insurance litigation.
It will take more than merely a harsh criminal sentence or a few depositions to break this spell.
Tax, Mergers & Acquisitions, Corporate, Administrative/Regulatory
Foreign tax reform changes under new tax law
By Paul Sczudlo, Megan Lisa Jones
The Tax Cuts and Jobs Act is anything but simplifying with respect to its international tax code provisions. Co
Civil Litigation, Law Practice, Judges and Judiciary, Alternative Dispute Resolution
The dawning of California mediator certification
By A. Marco Turk
A system of voluntary mediator certification would benefit both the public and the profession.
Tax, Government, Banking, Administrative/Regulatory
IRS and cryptocurrencies: Coinbase is just the beginning
By Bill Cheng, Rahul P. Ranadive
Last year a California federal court ordered Coinbase to provide the IRS with certain records related to all Coinbase users wh...
Tax, Law Practice, Government, Administrative/Regulatory
Tax law raises questions for sexual harassment settlements
By Robert W. Wood
Surely Congress would not want a sexual harassment victim to pay tax on 100 percent of her recovery when 40 percent goes to h...
Alternative Dispute Resolution
Selecting a mediator the Molière way
By Jeffrey P. Blum
If you are considering mediation as an alternative to litigation, I recommend reading Molière's farcical play, "The Miser."
U.S. Supreme Court, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
Sex work ruling isn’t the end of the line
By Amanda Goad
The Constitution protects an adult’s personal decision to engage in intimate, sexual activity with another adult, whether the ...
Labor/Employment, Insurance, 9th U.S. Circuit Court of Appeals
Ruling shows breadth of an insurer’s duty to defend third-party claims
By Michael S. Gehrt, Shaun H. Crosner
The 9th Circuit decision underscores the breadth of an insurer’s duty to defend third-party claims in California — and the oft...
Labor/Employment, Government, Administrative/Regulatory
Employer rights in the age of legal cannabis
By Scott E. Huber
With the legalization of cannabis and many of its by-products in California, employers now must wrestle with another type of e...
Transportation, Civil Litigation, Administrative/Regulatory
New trucking regulations are good for personal injury lawyers
By Allen Patatanyan
Electronic logging records will make a personal injury lawyer’s job easier when proving a driver involved in an accident had e...
U.S. Supreme Court, Constitutional Law, California Supreme Court, California Courts of Appeal, Appellate Practice
Anti-SLAPP issues to look for in 2018
By Kevin L. Vick
While California’s anti-SLAPP statute has been in effect for 25 years, the courts continue to interpret and define its scope a...
U.S. Supreme Court, Letters, Immigration, Constitutional Law, Communications Law, 9th U.S. Circuit Court of Appeals
DACA articles show need to analyze the allocation of power
By Kris Whitten
The ongoing immigration battle between President Donald J. Trump’s administration and certain states and cities has produced s...
Civil Litigation, Government, Administrative/Regulatory
Balancing biometric privacy and consumer litigation
By Kamran Salour
Only three states have statutes dedicated to protecting consumers’ biometric information. Here’s what California can learn.
Labor/Employment, Immigration, Corporate
What to know while DACA is in flux
By Brandon T. Milostan, Wendy E. Lane
With so much uncertainty surrounding employment-immigration laws, employers should be aware of a few best practices.
U.S. Supreme Court, Intellectual Property
Patenting AI: Why incentives to innovate should be restored
By Ben Hattenbach, Gavin Snyder
As large as investments in the area have been, the long-term economic and societal benefits of artificial intelligence are pro...
Corporate, Alternative Dispute Resolution
Hacked? Don’t waste time pointing fingers
By Daniel B. Garrie, Michael Mann
Cybersecurity attacks, data breaches and hackings can be devastating and demoralizing to a company, leaving it with a difficul...
Securities, Mergers & Acquisitions, Civil Litigation, Corporate
Is it the end of deal litigation as we know it?
By Amy S. Park, Claire A. McCormack
The SEC’s recent Compliance and Disclosure Interpretation regarding Regulation G should bring an end to one popular claim tha...
U.S. Supreme Court, Securities, Government, Corporate, Administrative/Regulatory
Justices will consider a broad range of securities issues this term
By Alex G. Romain, Jenna G. Williams
These cases deal with the statutory interpretation of the Dodd-Frank Act and its whistleblower protections, the jurisdictional...
In the wake of the FCC's decision to remove net neutrality rules, some state legislatures, including California's, have stated...
Insurance, California Courts of Appeal
Appellate courts issue significant insurance decisions
By Kirk A. Pasich
In 2017, California appellate courts issued several insurance-related decisions. Three are of particular significance.
Tax, Corporate
Tax Court considers the deductibility of family business expenses
By Phil Jelsma
Under the Tax Cuts and Job Act enacted last month, the ability to make miscellaneous itemized deductions -- including for mana...
U.S. Supreme Court, Securities, Constitutional Law, Administrative/Regulatory
SEC ALJs and the accumulation of power
By Oliver J. Dunford
The U.S. Supreme Court will decide whether the Securities and Exchange Commission's use of administrative law judges violates ...
Securities, Government, Corporate, Administrative/Regulatory
Cryptocurrency actions signal new trend at SEC
By Kenneth Herzinger, Rob Stern
The Securities and Exchange Commission’s recent initial coin offering enforcement actions signal a new trend in securities enf...
Labor/Employment, Government, California Supreme Court, California Courts of Appeal
It could be a while before we get vested pension rights answers
By Isabel C. Safie
Since a pension dispute in Alameda has been remanded back to the trial court for further consideration, we are in for a longer...
Securities, Civil Litigation, Corporate, California Courts of Appeal
Ruling in Apple case provides shareholder litigation guidance
By Richard S. Horvath Jr.
The decision gave derivative lawsuit guidance involving review demand futility claims, the Braddock rule, and the applicabilit...