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Civil Litigation, Labor/Employment, Corporate, Administrative/Regulatory

Did DNAinfo/Gothamist shutdown require WARNing?

Nov. 13, 2017
By David T. Van Pelt

The decision by billionaire tech mogul Joe Ricketts to shut down the news sites, which operated the popular LAist and SFist si...


Civil Litigation, Alternative Dispute Resolution

Why compromise?

Nov. 13, 2017
By Joan B. Kessler, Sarah J. Holley

When disputes arise, particularly those with significant emotional issues, parties may want to be vindicated and teach the oth...


Civil Litigation, Letters, Civil Rights

Outlaw all confidential settlement agreements

Nov. 13, 2017
By Robin Yeamans

Thanks for the Nov. 3 guest column titled "Secrets protect the powerful." All confidential settlement agreements should be out...


Military Law, Government, Civil Rights, Administrative/Regulatory

New law is tough on homeless veterans

Nov. 10, 2017
By Jesse Creed, Melissa Tyner

The Veterans Appeals Improvement and Modernization Act of 2017 raises serious due process issues and procedural barriers acut...


U.S. Supreme Court, Government

James A. Garfield, Esq: Right Off the Bat

Nov. 10, 2017
By James Attridge

No rookie ever had a debut as impressive as our 20th president, James A. Garfield, who made his very first legal appearance at...


Ethics/Professional Responsibility

Understanding what constitutes legal malpractice

Nov. 10, 2017
By Shari L. Klevens, Alanna G. Clair

The risk of a legal malpractice claim may seem like an inescapable reality of practicing law. After all, attorneys are human a...


U.S. Supreme Court, Civil Litigation, California Supreme Court, Alternative Dispute Resolution

The ever-expanding Federal Arbitration Act

Nov. 10, 2017
By Lawrence Waddington

Ever since Congress enacted the Federal Arbitration Act in 1925 the U.S. Supreme Court has repeatedly expanded the scope of th...


Native Americans, Family, Administrative/Regulatory

Critics distort Indian child welfare law

Nov. 9, 2017
By Jedd Parr, Delia Sharpe

While the Indian Child Welfare Act has its detractors, numerous national child welfare organizations tout it as the "gold stan...


Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals

Rulings clears up attorney fees in ERISA cases

Nov. 9, 2017
By Robert J. McKennon, Stephanie L. Talavera

A 9th Circuit opinion resolved any lingering questions regarding the scope of conduct considered in awarding attorney fees fo...


Intellectual Property, Government, Administrative/Regulatory

Patents in the cannabis industry

Nov. 9, 2017
By Dan Callaway, Ryan Lowther

Although cannabis remains a Schedule I drug under federal law, the U.S. Patent Office is issuing utility patents and plant pat...


Insurance, Administrative/Regulatory

Federal crop insurance programs may not be accessible due to the federal prohibition on growing cannabis, but that does not me...


Civil Litigation, Intellectual Property, Entertainment & Sports

Case may provide guidance on publicity rights

Nov. 9, 2017
By Delia Ramirez

Olivia de Havilland, of "Gone with the Wind" fame, is not happy with her portrayal in the FX TV show, "Feud."


Tax, Government

One of the more controversial provisions in the proposed tax bill is the elimination of the state income tax deduction.


Government, Administrative/Regulatory

The basics of many state laws governing elections are surprisingly unknown. Here are the top seven things every California law...


Civil Litigation, Labor/Employment, Corporate, Civil Rights

Why does sexual harassment persist?

Nov. 9, 2017
By Frank Pray

We can excoriate the offenders in the news, strip them of their careers, reduce them to confessional supplicants, but the dark...


Labor/Employment, Government, California Supreme Court

The looming pension crisis

Nov. 8, 2017
By Daniel Grunfeld

If we continue to "kick the can down the road," we do so at our own peril: Budgets could be slashed, services curtailed and ta...


Transportation, Corporate

This past summer, Tesla accomplished the unimaginable: It became the most valuable car company in the nation, surpassing both ...


Tax, Government

Last week, Republicans delivered a comprehensive tax bill that offers, among other things, a permanent corporate tax cut.


Constitutional Law

The right to be forgotten in the US

Nov. 7, 2017
By Kevin L. Vick

In recent years, the "right to be forgotten" has jumped from the cloistered world of law reviews to the front pages of newspap...


In 2015, the U.S. Army convened an "Article 32 hearing" to determine what if any charges should be brought against Sgt. Bowe B...


Construction, California Courts of Appeal

When the Right to Repair Act applies to suppliers

Nov. 7, 2017
By Garret D. Murai

A recent Court of Appeal decision examines the circumstances in which homeowners can sue a material supplier under the Right t...


Hollywood needs to start acting

Nov. 7, 2017
By Phillip R. Maltin

Aside from the "soft" changes, to things like culture and training, Hollywood must address the tough problem of how to erect r...


Civil Litigation, Letters

Settlement agreement talk ignores state law

Nov. 7, 2017
By Anthony J. Oncidi 

I'm surprised so little has been said or written about California Code of Civil Procedure Section 1002.


Tax, Banking

It is an understatement to say that bitcoin and other digital currencies have taken the world by storm. Some of the valuation ...


Judges and Judiciary

Brief encounter

Nov. 6, 2017
By Arthur Gilbert

On an unacceptable phenomenon and a brief encounter in the air.


Law Practice, Judges and Judiciary, Criminal

Particularly over the last few years, an increasing number of potential jurors are evading jury service.


U.S. Supreme Court, Civil Litigation, Labor/Employment

Justices should recognize NLRA trumps FAA

Nov. 3, 2017
By Frank Pray

Employer arguments that for decades no one has raised the FAA as an unlawful interference overlook the lifecycle of class acti...


Civil Litigation, Law Practice, Criminal, Contracts

Secrets protect the powerful

Nov. 3, 2017
By Brian S. Kabateck, Christopher B. Noyes

Confidential settlements are becoming all too common as high-profile defendants cut deals with clauses that prevent plaintiff ...


Civil Litigation, Alternative Dispute Resolution

The music of mediation

Nov. 3, 2017
By Michael D. Marcus

There is a correlation between popular song titles and what happens at mediations. Consider these examples.


Tax, Government, Criminal

What Manafort charges teach us about the IRS

Nov. 3, 2017
By Robert W. Wood

The criminal charges filed against former Trump campaign manager Paul Manafort and Richard Gates are serious.