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U.S. Supreme Court, Letters, Constitutional Law

On July 18, a column by Erwin Chemerinsky, “A troubling free exercise decision,” strongly disagreed with the decision by the U...


Government, Administrative/Regulatory

Questions remain about cap-and-trade implementation

Jul. 27, 2017
By Thomas L. Sheehy, Jillian C. Kirn

Last week, the California Legislature approved a 10-year extension of California’s cap-and-trade program. When signed into law...


Government, Administrative/Regulatory

Trump’s NLRB will reverse union unit ruling

Jul. 27, 2017
By Mark S. Ross

President Donald Trump's recent appointments of labor law traditionalists, Marvin E. Kaplan and William J. Emanuel, to the NLR...


U.S. Supreme Court, Letters, Constitutional Law

In each of the past two weeks the Daily Journal has printed Dean Erwin Chemerinsky’s assertion that the U.S. Supreme Court hel...


U.S. Supreme Court, Letters, Constitutional Law

On July 18, a column by Erwin Chemerinsky, “A troubling free exercise decision,” strongly disagreed with the decision by the U...


Construction

Revisiting the owner-builder exemption

Jul. 27, 2017
By Roger C. Haerr

Most real estate professionals are aware of the so-called “owner-builder” exemption to California’s contractors’ license laws....


Health Care & Hospital Law, Government, Administrative/Regulatory

An unhealthy congressional mess

Jul. 27, 2017
By Craig B. Garner

To be sure, a congressional defunding of the ACA could be every bit as dangerous as a president with a smartphone. Outright el...


Health Care & Hospital Law, Government, Administrative/Regulatory

Senators duel over health care

Jul. 27, 2017
By Michael C. Parme

While Senate Majority Leader Mitch McConnell indicated that the Senate would vote on health care legislation on Tuesday, it wa...


U.S. Supreme Court, Constitutional Law

Turning takings law into hash

Jul. 26, 2017
By Michael M. Berger

Instead of clarity, at the end of its last term the Supreme Court gave us more vague issues that will engender years of litiga...


Government, Administrative/Regulatory

Don’t expect e-cigarette regulations anytime soon

Jul. 26, 2017
By Gregory L. Bentley, Matthew Clark

How can such an industry exist without any regulatory control? Enter Big Tobacco.


Corporate, Alternative Dispute Resolution

Can ‘class arbitration’ even be legally mandated?

Jul. 26, 2017
By Ronald W. Novotny, Shawn M. Ogle

The 2nd Circuit stated that the issue was whether the arbitrator had the authority to certify a class which included absent cl...


Labor/Employment, Corporate, California Supreme Court

Employers in the position of having to defend against a PAGA claim will likely be compelled to produce state-wide employee con...


U.S. Supreme Court, Intellectual Property, Government

The three branches need to improve the operation of the system with surgical strikes, best done by the courts for the most par...


Government, California Supreme Court

Leaner bar is good for attorneys and the public

Jul. 25, 2017
By David A. Carrillo, Stephen M. Duvernay

Last week the Assembly and Senate judiciary committees approved amendments to a bill (Senate Bill 36, Jackson) that would make...


This dividing line may sound simple, and it can be. Yet there are many tax disputes over these kinds of issues. Then, when you...


Securities, Mergers & Acquisitions, Corporate

Private equity deal execution and operations strategy

Jul. 25, 2017
By Sara L. Terheggen

Targets are increasingly questioning how quickly a deal can get done and what private equity sponsors can do in terms of opera...


Government, Criminal, Civil Rights

Sessions ends Holder’s civil forfeiture policy

Jul. 25, 2017
By David B. Smith

The DOJ’s door is once again wide open to requests by state and local law enforcement to take over their smallish and often we...


Corporate

The lines between work and home, and between business and personal, have become so blurred that we must to reevaluate a bright...


Judges and Judiciary, Government, Criminal, Civil Rights

It’s high time California reforms bail system

Jul. 24, 2017
By Margaret Dooley-Sammuli

Money bail has created a two-tiered system of justice where someone’s release is determined largely by their ability to pay ba...


Government, Criminal

The lies behind Props 47 and 57

Jul. 24, 2017
By Michele A. Hanisee

Politics will never exist without spin doctors. Yet, as cynical as our political system has become, recent ballot measures sol...


Banking, Appellate Practice, 9th U.S. Circuit Court of Appeals

Who is going to mind the banks now?

Jul. 24, 2017
By Polly Estes

In the wake of the mortgage crisis, legislatures began enacting statutes to prevent it from happening again. There are now spe...


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

ADA accommodation for arrestees remains unclear

Jul. 24, 2017
By Dennis M. Cota

Pending more instructive precedent, the issue of ADA accommodation for arrestees poses a challenging and as yet insufficiently...


Tax, Government, Administrative/Regulatory

Questions raised regarding the charitable activities of ardent Trump supporter and defender, Jay Sekulow. Also, new regulation...


Judges and Judiciary

Appointment of discovery referees

MCLE
Jul. 24, 2017
By Patricia M. Lucas, Gary Nadler

Learn about the source of a court’s authority to appoint a referee, the scope of referee appointment orders, and referees’ pow...


If someone forgives your debt so you do not have to pay back the lender, isn’t that always a good thing? Yes, but generally no...


Transportation, Judges and Judiciary, Administrative/Regulatory

Traffic offenses and common defenses

Jul. 21, 2017
By Gus Gomez

Summer is here — though it’s almost gone again. This often means more drivers on the road taking advantage of the school break...


Law Practice, Ethics/Professional Responsibility, State Bar & Bar Associations

State Bar bill will benefit us all

Jul. 21, 2017
By William N. Hebert

On July 17, the State Assembly Judiciary Committee unanimously voted in favor of Senate Bill 36, which changes the form and fu...


Law Practice, Law Office Management, Ethics/Professional Responsibility

Law firm cybersecurity: It’s a big deal

Jul. 21, 2017
By J. Randolph Evans, Shari L. Klevens

All law firms should be acutely aware by now of the risks posed by hackers. There have been numerous highly publicized hacking...


Government, Criminal, Corporate, Books, Administrative/Regulatory

The Chickenshit Club

Jul. 21, 2017
By Jesse Eisinger

In his new book “The Chickenshit Club” — an inside reference to prosecutors too scared of failure and too daunted by legal imp...


Criminal, Constitutional Law, California Supreme Court, State Bar & Bar Associations

Grading the revised special prosecutor rule

Jul. 20, 2017
By Gary Schons

Last October, the State Bar of California sent to the California Supreme Court, on an expedited basis, Proposed Rule 5-110, mo...