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Corporate, Banking

Lending convertible indebtedness is no longer an equity investment by another name. Convertible indebtedness is now, more and ...


Government, Criminal

LA public defenders need a qualified leader

Jan. 29, 2018
By Michael P. Judge

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

MCLE
Jan. 29, 2018
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?

Jan. 29, 2018
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

Recent months have yielded decisions which will impact some aspects of insurance litigation.


Criminal

After Nassar, what is to be done?

Jan. 26, 2018
By Robert L. Bastian Jr.

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

Jan. 26, 2018
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

Jan. 26, 2018
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

Jan. 26, 2018
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

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

Jan. 26, 2018
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

Jan. 25, 2018
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

Jan. 25, 2018
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

Jan. 25, 2018
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

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

Jan. 24, 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

The ongoing immigration battle between President Donald J. Trump’s administration and certain states and cities has produced s...


Civil Litigation, Government, Administrative/Regulatory

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

Jan. 24, 2018
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

Jan. 24, 2018
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

Jan. 24, 2018
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?

Jan. 23, 2018
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

Jan. 23, 2018
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...


States are trying to bring back net neutrality

Jan. 23, 2018
By Anita Taff-Rice

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

In 2017, California appellate courts issued several insurance-related decisions. Three are of particular significance.


Tax, Corporate

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

Jan. 22, 2018
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

Jan. 22, 2018
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

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

Jan. 22, 2018
By Richard S. Horvath Jr.

The decision gave derivative lawsuit guidance involving review demand futility claims, the Braddock rule, and the applicabilit...