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Civil Litigation, Alternative Dispute Resolution

It ain't over til it's over

Dec. 15, 2017
By Carlos Moreno

Yogi Berra's famous baseball tautology resonates with its obvious simplicity. This adage also rings true especially in litigat...


Civil Litigation, Education Law

Universities can be distinctly different in structure than corporations, and so applying the law will vary depending upon the ...


Year in Review Column, U.S. Supreme Court, Civil Litigation, Corporate, Constitutional Law

Defense strategies shift in Spokeo's wake

Dec. 14, 2017
By Cary D. Sullivan, Chris Waidelich

It has been more than 18 months since the U.S. Supreme Court issued its decision holding that a bare, technical violation of t...


Year in Review Column, Civil Litigation, Intellectual Property

Inter partes review turned five years old this year, and the process has been widely adopted as a complement to patent litigat...


Law Practice, Judges and Judiciary

Kozinski and the number Six

Dec. 14, 2017
By Robert L. Bastian Jr.

This diatribe against 9th Circuit Judge Alex Kozinski's dismissive response to a Washington Post report which describes his al...


Civil Litigation, Law Practice

Trial lawyer Thomas V. Girardi

Dec. 14, 2017
By James R. Rosen

In a new series, James Rosen writes about the stories of prominent trial lawyers. This first installment discusses Tom Girardi...


Civil Litigation, Intellectual Property, Entertainment & Sports

Suit claims Disney plundered ‘Pirates’ script

Dec. 14, 2017
By Delia Ramirez

In a recent case, Disney has found itself in another battle with writers for an alleged infringement of a screenplay in creati...


Tax, Law Practice, Government, Corporate, Administrative/Regulatory

Both the House and Senate version of the Tax Cuts and Jobs Act include provisions that reduce the taxation of pass-through inc...


Tax, Law Practice

House and Senate tax bills target contingency fees

Dec. 14, 2017
By Robert W. Wood

Many lawyers assume that if they pay for a deposition transcript, a court reporter, or travel expenses for a hearing, they can...


Year in Review Column, Government, Corporate, Administrative/Regulatory

What past is prologue for government enforcement in 2018?

Dec. 13, 2017
By Kimberly A. Dunne, James M. Perez

While 2017 began with questions about the new administration's enforcement agenda, it ends with many still unanswered question...


U.S. Supreme Court, Judges and Judiciary, Constitutional Law, Civil Rights

Leading us out of the cultural divide

Dec. 13, 2017
By Douglas Potts

Can court outreach inspire the public to dialogue with opposing factions on contentious social issues? It did just that with a...


Year in Review Column, Government, Corporate, Antitrust & Trade Reg., Administrative/Regulatory

Criminal antitrust enforcement likely to keep pace

Dec. 13, 2017
By Nell Clement, James Allison

Despite these leadership changes, it appears that criminal enforcement of antitrust violations will continue under President D...


Labor/Employment, Government, Corporate, Administrative/Regulatory

A step in right direction for family rights at work

Dec. 13, 2017
By Neal S. Salisian, Jay Lichter

As is typical of most legislation affecting business policies, SB 63 has stirred opposition in some, while leaving proponents ...


Tax, Government, Corporate, Administrative/Regulatory

Tax reform, tax reform, tax reform

Dec. 13, 2017
By Erin Bradrick

It seems clear that there is likely to be significant impact on the nonprofit sector no matter what tax bill Congress passes.


U.S. Supreme Court, Judges and Judiciary, Appellate Practice

How do you spell ‘G-U-I-D-A-N-C-E’?

Dec. 12, 2017
By Brian M. Hoffstadt

Although the courts' hesitancy to give guidance for future cases seems maddening at first blush, there is some method to that ...


Labor/Employment, Government, Constitutional Law, Civil Rights, Administrative/Regulatory

Legislative Open Records Act reform is needed

Dec. 12, 2017
By Duffy Carolan

Confronted with mounting pressure to address sexual harassment in the state's capital, the California Legislature needs to do ...


Year in Review Column, Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals

Class action litigation in the 9th Circuit

Dec. 12, 2017
By Neal R. Marder, Andrew S. Jick

This year was an eventful one in the area of class action litigation, particularly in the 9th U.S. Circuit Court of Appeals.


Judges and Judiciary, Government, Constitutional Law, Appellate Practice

Hey, courts: What about political power?

Dec. 12, 2017
By Aaron Tang

Judges should display a distinctive degree of trust to laws that burden powerful groups for at least three reasons.


Corporate, Construction, California Supreme Court, Appellate Practice

A California Supreme Court ruling is going to cause builders of newly constructed residential homes to lose some sleep. While ...


Government, Administrative/Regulatory

Regulators: approach cannabis with caution, not puns

Dec. 12, 2017
By Joseph M. Nicchitta

As Los Angeles County's first cannabis management officer, it is my job to implement the cannabis regulatory policies of the L...


Letters, Constitutional Law

Twitter can't eat cake and have it too

Dec. 12, 2017
By Mitchell Keiter

Twitter argues it should not be liable for ISIS's acts committed with its Twitter account. This accords with our intuitive und...


Government, Administrative/Regulatory

Combined cannabis rules simplify things for cities

Dec. 12, 2017
By Nicole Howell Neubert

The state of California's release of emergency medical and adult-use cannabis regulations last month was a true turning point ...


Civil Litigation, Intellectual Property, Entertainment & Sports, California Supreme Court, Appellate Practice

Hey Joe, you going to pay for that public performance?

Dec. 11, 2017
By Matthew B. Becker

The California Supreme Court will soon decide whether a public performance right exists within state law for sound recordings ...


Labor/Employment, Government, Family

Rep. Trent Franks (R-Ariz.) reportedly asked two female staffers to serve as gestational carriers -- and his resignation has l...


Civil Litigation, California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals

Damages by any other name: UCL ‘restitution’ models

Dec. 11, 2017
By Kirsten Hicks Spira, Wesley M. Griffith

Two district courts recently reexamined what types of recovery models are permissible under California's Unfair Competition La...


U.S. Supreme Court, Labor/Employment, Constitutional Law, California Supreme Court

Is it even constitutional for government to force a business (or anyone) into a contract where there is no actual agreement?


Civil Litigation, California Supreme Court, Appellate Practice

The California Supreme Court was recently asked: "Is a trial court's error in failing to issue a statement of decision upon a ...


Tax, Government, Administrative/Regulatory

Don't get excited or fearful just yet. The IRS has not yet announced a tax amnesty for people who failed to report their gains...


U.S. Supreme Court, Government, Constitutional Law, Administrative/Regulatory

Everything that's not forbidden is allowed

Dec. 8, 2017
By David DeGroot

In a speech at the Federalist Society's annual dinner on Nov. 16, Justice Neil Gorsuch introduced a term previously unknown to...


Law Practice, Ethics/Professional Responsibility, Administrative/Regulatory

Count 1: Practicing law without a license

MCLE

By Ralph Barat Saltsman, Stephen Warren Solomon

It took until autumn 2017 for the California attorney general to recognize that only a licensed attorney can lawfully represen...