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Labor/Employment

The ensuing workplace investigation into alleged employee misconduct can make or break an employer's ability to implement and ...


Government, Corporate

Internal controls at private corporations

Jun. 15, 2017
By Richard S. Horvath Jr.

Increasingly, private corporations are facing levels of governmental scrutiny that historically only have been seen by public ...


Labor/Employment, Immigration

Show me the money!

Jun. 15, 2017
By C. Matthew Schulz, Cynthia Jackson

What the Trump administration's budget reveals to employers.


Health Care & Hospital Law

Health care reform behind closed doors

Jun. 15, 2017
By Michael C. Parme

Despite the legislation's potential impact on millions of Americans, there appears to be no plans to bring the legislation to ...


Letters, Criminal

In response to Ana Zamora's June 12 front page column, "DAs: Listen to Voters, Not Sessions," I would like to set the record s...


Intellectual Property

How new immigration policies may affect your company's IP

Jun. 14, 2017
By Karineh Khachatourian

You might think immigration policies and practices have no impact on intellectual property. Under the new administration, you ...


Judges and Judiciary

Donald Trump and the 'supervisory power' of the courts

Jun. 14, 2017
By Richard A. Hamar

Commentators thus far have overlooked a remedy for the federal court judges as Trump continues his attempts to intimidate and ...


Government

Of presidents and popes

Jun. 14, 2017
By James Attridge

Presidents and pontiffs have an uneasy history, given that America was originally founded as a haven for Protestants fleeing t...


Administrative/Regulatory

Are road-use charges the way forward?

Jun. 13, 2017
By Dorothy J. Glancy

Many tout road-use charging as a way to pay for necessary repairs to U.S. public roads, but like everything road related, it h...


Tax

Plan would turn flow-through tax precedent upside down

Jun. 13, 2017
By Megan Lisa Jones

Details are scant on Trump's proposed tax reform. But one proposed provision is worth serious reflection: The reduction of tax...


Government, Criminal

Longer sentences make us more secure

Jun. 13, 2017
By Eric Siddall

Ill-conceived measures to lower the prison population at the expense of public safety should be recognized for what they are -...


U.S. Supreme Court, Constitutional Law

Rulings create causation confusion

Jun. 13, 2017
By Erwin Chemerinsky

In several cases this term, the U.S. Supreme Court has reversed the lower court for using the wrong standard of causation -- b...


Tax, Constitutional Law, Administrative/Regulatory

Tax evasion and religious freedom

Jun. 12, 2017
By Robert W. Wood

Religious freedom is guaranteed by the U.S. Constitution, and seems pretty fundamental. Unfortunately, being required to pay t...


Civil Litigation, Law Practice

The liquidated damages rule is flexible, and can be used in the health care context to ward off attempts to recover full bille...


Civil Litigation, Intellectual Property, Corporate

Trademark infringement damages keep going, and going

Jun. 12, 2017
By Richard L. Kirkpatrick

The law allows for substantial monetary awards, which can rapidly snowball beyond any true damage done to plaintiffs.


Civil Litigation, Intellectual Property

Questions remain 1 year into the DTSA

Jun. 12, 2017
By Kurt A. Kappes, Karen Rosenthal

In the year since its enactment, approximately 70 cases asserting Defend Trade Secrets Act claims have been filed in Californi...


U.S. Supreme Court, Securities, Government, Corporate, Administrative/Regulatory

Supreme Court says SEC disgorgement is subject to 5-year limitations period

Jun. 12, 2017
By Thomas A. Zaccaro, Nicolas Morgan

Last week, the Supreme Court ended a disagreement among the circuits about the application of the five-year limitations period...


Ethics/Professional Responsibility, California Supreme Court, State Bar & Bar Associations

Our bar exam pass point is simply arbitrary

Jun. 12, 2017
By Robert C. Fellmeth

Two law professors have claimed that those who score low on the California bar exam suffer a higher incidence of bar disciplin...


Government, Criminal

DAs: Listen to voters, not Sessions

Jun. 12, 2017
By Ana Zamora

The attorney general's recent memo on sentencing reform is a destructive step into the dark ages on the part of the federal go...


Tax, Government

IRS insights and a warning from the state AG

Jun. 12, 2017
By Erin Bradrick

In May, the IRS showed continues suspicion about open source software distribution as a charitable endeavor, California AG Xav...


Ethics/Professional Responsibility

Advertising (Rule 7.2)

Jun. 10, 2017
By Laura C. Riparbelli

If adopted, the rule would broaden the definition of advertising in order to more broadly encompass new and emerging attorney ...


Ethics/Professional Responsibility

Order, Chaos, Muppets

Jun. 10, 2017
By Louie H. Castoria

If one looks around the cast of characters in a law firm, or any organization, the parallels to Muppets can be surprisingly ea...


Civil Litigation, Intellectual Property, Corporate

Judge Lucy Koh has an opportunity to craft a standard that works for all patent holders. ...


Civil Litigation, Law Practice, Criminal

Rarely litigated drug law at play in Carrey suit

Jun. 10, 2017
By Richard T. Collins

Actor and comedian Jim Carrey is facing wrongful death lawsuits regarding his deceased girlfriend. The cases will require the ...


Government

More theatrical: politics or theater?

Jun. 10, 2017
By James Attridge

Though our political culture tends to scorn real culture and candidates like to talk about their all-around regular Joe-dom, a...


Law Practice

A marvelous, artless new courthouse

Jun. 10, 2017
By Dan Lawton

San Diego's brand new state courthouse cost $555 million to build. It juts 22 stories and 396 feet above Columbia Street downt...


Law Practice

Are you on track for your annual goals?

Jun. 9, 2017
By J. Randolph Evans, Shari L. Klevens

As the second quarter of 2017 comes to a close, now is a good time to reflect on whether you are taking the necessary steps to...


Ethics/Professional Responsibility

Besides governing the monetary aspects of a case, retainer agreements are one tool to educate clients about settlements, expen...


Constitutional Law, California Supreme Court

Batson is back

MCLE
Jun. 9, 2017
By Laura Kelly, Mai Linh Spencer

For only the second time in over 25 years, the California Supreme Court has found that a peremptory challenge violated the con...


Law Practice

When law enforcement and community meet

Jun. 9, 2017
By Angela M. Powell

We often talk about the divide between law enforcement and the African-American community, but what about when the two meet?