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Corporate

It has become ever clearer that no technology is enough to defeat a determined hacker. The increasing sophistication of socia...


Mergers & Acquisitions, Corporate

Ruling clarifies ability to ratify corporate acts

Jul. 13, 2017
By Marc Boiron, Morgan McCombe

The Delaware Court of Chancery ruled that Section 204 of the General Corporation Law of the State of Delaware could not be use...


Government, Administrative/Regulatory

Bill is an opportunity killer

Jul. 12, 2017
By James J. McDonald Jr.

The governor should veto AB 1565, which would increase the threshold for being exempt from overtime requirements.


Corporate, Contracts, Administrative/Regulatory

It’s time to reform the False Claims Act

Jul. 12, 2017
By Matthew Zandi

The FCA has proven to be ineffective at preventing fraud and encouraging ethical corporate behavior.


California Supreme Court, Antitrust & Trade Reg.

Antitrust and the State Bar of California

Jul. 12, 2017
By Robert C. Fellmeth

It looks as if the California Supreme Court is taking a lead role in California and nationally to comply with applicable feder...


Corporate

Not-for-profits must recognize funds earlier

Jul. 11, 2017
By Megan Lisa Jones

New accounting standards address not-for-profit financial statements, while accelerating the recognition of incoming funds.


Government, Constitutional Law

Christie v. NCAA: What’s really at stake?

Jul. 11, 2017
By Christopher L. Soriano

A lawsuit brought by the state of New Jersey that sought to allow sports betting recently stepped onto the national stage.


Contracts, Construction, California Courts of Appeal

There are the plans, the specifications, the general conditions, the special conditions, the addenda, the prime contract, the ...


U.S. Supreme Court, Constitutional Law, Civil Rights

Second Amendment is not a second-class right

Jul. 11, 2017
By C.D. Michel

Does the right to bear arms extend outside the home? Last month, the Supreme Court declined to review a case that could have a...


Securities, Civil Litigation, Government, Corporate, Appellate Practice, Administrative/Regulatory

DC Circuit ruling confirms split on SEC’s use of in-house judges

Jul. 10, 2017
By Nicolas Morgan, Sam S. Puathasnanon

This decision confirms a circuit split over the legality of the SEC’s administrative proceedings under the appointments clause...


U.S. Supreme Court, Government

90 days of Neil

Jul. 10, 2017
By Julie A. Werner-Simon

What have we learned about Justice Neil Gorsuch from his first 90 days on the bench? Hint: There are few surprises.


California Supreme Court, Appellate Practice

The final word: civil law at the state high court

Jul. 10, 2017
By Joseph M. Lipner, Bj Ard

Our state Supreme Court must continually define and distinguish legally dispositive categories under both federal and state law.


Bankruptcy

9th Circuit decision addresses cramdown valuation

Jul. 10, 2017
By David S. Kupetz

The en banc panel addressed a cramdown plan where the central issue was the valuation of the secured creditor’s collateral whe...


Entertainment & Sports

Presidents and the American pastime

Jul. 10, 2017
By James Attridge

Herbert Hoover once said: “Next to religion, baseball has had a greater impact on our American way of life than any other Amer...


Ethics/Professional Responsibility

Summer associates: Beyond the cocktail party

Jul. 7, 2017
By David R. Carpenter, Bridget S. Johnsen

Being a summer associate is a fun time. They attend lunches and events while making an associate's salary but without the resp...


Law Practice, Law Office Management, Ethics/Professional Responsibility

Partners, associates and ethics

MCLE
Jul. 7, 2017
By Shari L. Klevens, J. Randolph Evans

Some of the most difficult ethical issues arise not out of an attorney’s own conduct, but rather out of instances where an att...


Transportation, Corporate

Selling vehicles in Tomorrowland

Jul. 7, 2017
By Jonathan A. Michaels

There are certain things that come around every once-in-a-while that change life as we know it. And now there is Uber. By Jona...


Letters, Law Practice

Unlawful detainer judges favor landlords

Jul. 7, 2017
By Thomas M. Hall

Although the July 6 article on the Basta law firm's success in demanding jury trials ("LA tenant firm shakes up the system wit...


Government, Criminal

Parole boards & public safety

Jul. 7, 2017
By Eric Siddall

Ironically, the same governor who in 2016 supported giving the parole board this unfettered power by way of Prop. 57 was the o...


Law Practice, Judges and Judiciary, Appellate Practice

Don’t bite the hands that feed you

Jul. 7, 2017
By Nancy H. Vaidik, Rebecca Diaz-Bonilla

This scenario repeats itself over and over in courtrooms across America. Tone deafness and inflexibility have crashed many mot...


Constitutional Law, Civil Rights

Dave Mullins and Charlie Craig walked into a bakery for a wedding cake. Jack Phillips, owner of Masterpiece Cakeshop, then wal...


Corporate

Equity Vesting: Does One Size Fit All?

Jul. 6, 2017
By Jesse Finfrock

There are few things more important to entrepreneurs and investors than managing founder equity, and some of the most frequent...


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

First Amendment round up

Jul. 5, 2017
By Jean-Paul Jassy

The U.S. Supreme Court ended its term with three significant First Amendment cases.


Tax, Corporate

On June 14, the IRS re-released its proposed regulations on the implementation of the IRS's new centralized partnership audit ...


Civil Litigation, California Courts of Appeal

‘Consent’ is the next big battle over personal jurisdiction

Jul. 5, 2017
By Michael Huston, Sean Cooksey

In several recent cases, the Supreme Court has held that the due process clause tightly restricts where a defendant is subject...


Civil Litigation

Bill will end abuse dying asbestos victims

Jul. 5, 2017
By Laurel Halbany

Senate Bill 632, currently before the California Assembly, will protect dying asbestos victims suffering mesothelioma from day...


Labor/Employment, California Courts of Appeal

Are you minding potential off-the-clock work problems?

Jul. 5, 2017
By Matthew T. Schechter

Given the ubiquitous nature of cellphones, tablets, and remote access; people commuting in greater distances; and being access...


Civil Litigation, Entertainment & Sports

John Oliver: Character assassin?

Jul. 3, 2017
By David J. Friedman, Kavon Adli

The June 18 episode of "Last Week Tonight" covered a number of things Oliver found unusual, including the receipt of a cease a...


Appellate Practice

Statement of Facts: Part VI

Jul. 3, 2017
By Myron Moskovitz

Keep it concise. Divide it into sections. Satisfy the curious. Name the names. And if you have them, insert visuals.


Environmental & Energy, Corporate, Administrative/Regulatory

State air board plans new mobile source regulations

Jul. 3, 2017
By Shannon S. Broome, M. Clare Ellis

New regulatory plans highlight California's focus on reducing compounds from vehicle and small equipment emissions that contri...