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Constitutional Law, 9th U.S. Circuit Court of Appeals

9th Circuit cuts public out of free speech case

Jul. 20, 2017
By Paul Alan Levy

The Court of Appeals has announced that it will consider a significant free speech issue bearing on the rights of anonymous in...


Before recently issued Treasury regulations, it was unclear whether issuing equity to an employee of a disregarded entity and ...


Corporate, Administrative/Regulatory

Unintended Green Chemistry consequences

Jul. 20, 2017
By Daniel J. Herling

As more priority products are determined, these regulatory obligations will certainly cause manufacturers to spend time and re...


Corporate, Administrative/Regulatory

Cannabis at work: What California employers need to know

Jul. 19, 2017
By Arthur F. Silbergeld, Michael Rosenblum

The legalization of cannabis in California raises significant questions as to whether employers can enforce policies prohibiti...


Family

Look out for warning signs in family court

Jul. 19, 2017
By Maya Shulman

A Texas judge recently observed that in criminal court, you get bad people at their best; in family law, you get good people a...


California Supreme Court, California Courts of Appeal

Executive order does not set emissions standards for EIRs

Jul. 19, 2017
By Phillip H. Babich, Emily F. Lynch

Last week, the California Supreme Court said an environmental impact report for a regional transportation plan is not required...


Constitutional Law

Machine testimony and the law of evidence

Jul. 19, 2017
By Andrea Roth

Courts are forced to shoehorn machine claims into existing rules built for human testimony, with results that are often awkwar...


Government, Criminal, Constitutional Law

Inflated accusations against Trump Jr

Jul. 19, 2017
By John C. Eastman

Don Jr. has been accused of everything from violating federal campaign finance laws to espionage and even treason. Seriously?


Mergers & Acquisitions, Corporate

Imagined or real? Privacy issues in artificial intelligence M&A

Jul. 18, 2017
By Jeewon Serrato, Chelsea Gunter

Big data analytics is generally at the center of these transactions, where privacy and data protection concerns should be at t...


Civil Rights

A troubling free exercise decision

Jul. 18, 2017
By Erwin Chemerinsky

The ruling in Trinity Lutheran is the first time the Supreme Court has held that the government is constitutionally required t...


Government, Administrative/Regulatory

Will states be able to protect our online privacy?

Jul. 18, 2017
By Anita Taff-Rice

Last year, the FCC issued broadband privacy rules that were set to take effect this December. Then Trump took office and chang...


Judges and Judiciary, Criminal, California Courts of Appeal

Judge group wants watered down bail reform

Jul. 18, 2017
By Jeff Adachi

The Judicial Council of California last month sent a six-page letter to the lawmakers detailing its “significant concerns” reg...


Tax, Entertainment & Sports

Mayweather. McGregor. And the IRS

Jul. 17, 2017
By Robert W. Wood

Boxing great Floyd Mayweather Jr. is set to face off against MMA’s Conor McGregor in Las Vegas on August 26. But in the lead-u...


Health Care & Hospital Law, California Supreme Court

State Supreme Court should affirm statutory damages ruling

Jul. 17, 2017
By Stephen Garcia, David M. Medby

The 4th District Court of Appeal held that the statutory award of up to $500 authorized by Health and Safety Code Section 143...


U.S. Supreme Court, Judges and Judiciary, Government

A lawyer and a lying president

Jul. 17, 2017
By Michael L. Stern

It took the dogged fact-gathering and masterful cross-examination of Boston attorney Louis D. Brandeis to reveal the truth in ...


Government, Administrative/Regulatory

Cleaning Product Right to Know Act appears to be moving forward

Jul. 17, 2017
By Lindsey Heinz, Bridget Halbur

Similar to other consumer product disclosure bills the California Legislature has considered in recent years, the bill require...


Intellectual Property

Once dominated by Silicon Valley tech companies, the International Trade Commission now is hearing cases from a much more dive...


Appellate Practice

Statement of Facts: Part VII

Jul. 17, 2017
By Myron Moskovitz

This is the final installment of a series of seven columns on how to write an effective Statement of Facts. And it might be th...


Intellectual Property, Entertainment & Sports

Beatle’s settlement leaves open questions

Jul. 17, 2017
By Kenneth D. Freundlich, Michael J. Kaiser

A few weeks ago, Paul McCartney and music publisher Sony/ATV settled McCartney’s lawsuit asking a New York federal court to ru...


California Supreme Court, Appellate Practice

Court rules on PAGA discovery

Jul. 14, 2017
By Eve H. Wagner

A California Supreme Court ruling on Thursday could mean that employers will face even more claims under the Private Attorneys...


Law Practice

Talking Trial Tech with Paul Kiesel

Jul. 14, 2017
By Paul R. Kiesel

After a long absence, attorney Paul Kiesel returns to review some of the latest tech gadgets to help you along both in and out...


Letters, Government, Criminal

Column misrepresented Proposition 57

Jul. 14, 2017
By Alex L. Landon

The July 7 opinion piece, “Parole boards & public safety,” gives an erroneous portrayal of Proposition 57, which passed la...


Insurance, California Courts of Appeal

In spite of the Supreme Court’s continuing reaffirmation of the broad “potential for coverage” standard, policyholders continu...


Alternative Dispute Resolution

‘The Journey’ and the art of negotiation

Jul. 14, 2017
By Marc D. Alexander

A fictionalized account of the negotiations between Ian Paisley and Martin McGuinness leading to the 2007 power-sharing arrang...


Intellectual Property, Entertainment & Sports

With album revenues down, artists must brand

Jul. 14, 2017
By Delia Ramirez

Many artists are branching out of music and general merchandising to start businesses in related industries. To market and mon...


Intellectual Property, Ethics/Professional Responsibility

Leveling the playing field with patent pro bono

Jul. 14, 2017
By Benjamin A. Kimes, Erik Metzger

Let’s face it; it costs a lot to hire a patent practitioner. The cost of a patent practitioner is well beyond the means of a h...


Tax, Corporate

When audits become criminal investigations

Jul. 14, 2017
By Robert W. Wood

Tax audits are nobody’s favorite topic. Sometimes your number just comes up, although there are some things that make that mor...


California Supreme Court, Administrative/Regulatory

Ruling further erodes property rights

Jul. 14, 2017
By Jeremy B. Talcott

Last week, the California Supreme Court ruled against two Encinitas homeowners who challenged the California Coastal Commissio...


U.S. Supreme Court, Constitutional Law, Appellate Practice

Missed opportunity in takings decision

Jul. 13, 2017
By Bryan W. Wenter

In Murr v. Wisconsin, the Supreme Court missed a golden opportunity to provide clear guidance on how to identify the relevant...


Intellectual Property, California Courts of Appeal

‘Inevitable disclosure’ of trade secrets

Jul. 13, 2017
By Tyler M. Paetkau

California courts have long rejected the doctrine as incompatible with state law, but recent decisions suggest it may be avail...