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Tax, Civil Litigation, Government, California Supreme Court

How high court ruling may lead to local tax mischief

Sep. 14, 2017
By Marty Dakessian, Ruben Sislyan

Unfortunately, this is not a scare tactic, but a very real possibility. A city looking to impose a new tax or increase an exis...


Civil Litigation, Intellectual Property, Entertainment & Sports

Tattoos & copyright law

Sep. 14, 2017
By Delia Ramirez

I doubt many people consider about the legal consequences attached to displaying someone’s art on their skin. However, nowaday...


Corporate

Two recent amendments have important practical implications for private corporations and create a framework for significant ch...


Civil Litigation

When a class action litigant seeks to discover contact information for a third party--often with respect to potential class me...


Law Practice, Civil Litigation, Appellate Practice

Proposed laws would address voir dire, motion practice

Sep. 13, 2017
By Nancy Drabble, Saveena Takhar

Two bills were sent to the governor’s desk last week reforming civil procedure — Senate Bill 658 relating to voir dire, and As...


Tax, Banking

Cryptocurrency transactions may get tax relief

Sep. 13, 2017
By Robert W. Wood

A bipartisan bill, the CryptoCurrency Tax Fairness Act of 2017, was introduced in the House by Rep. Jared Polis (D-Colo.) and ...


Labor/Employment

At a recent business lunch, I was surprised to hear that many attendees (most of whom are practicing attorneys) pay their chil...


Immigration, Government, Constitutional Law

DACA creators ignored APA, too

Sep. 12, 2017
By John C. Eastman

In ordinary times, and in most courts, this suit (and the me-too suit filed by California’s attorney general on Monday) would ...


Intellectual Property

The art of protecting fashion designs

Sep. 12, 2017
By Dariush Adli

Protecting innovation in apparel fashion design has long been a challenge for Congress, which has repeatedly considered, but f...


Civil Litigation, Construction

Insurance and indemnity provisions are the primary risk-shifting tools for owners and contractors. Sometimes, though, insuranc...


Environmental & Energy, Administrative/Regulatory

This is likely to affect everyone in the supply chain from growers to manufacturers, to distributors to retailers.


Judges and Judiciary, Government

Every judge is free (from what?)

Sep. 11, 2017
By Richard A. Schulman

The concept of judicial independence has been in the news a lot lately. But seldom do people ask: Independent from what? And w...


Government, Education Law, Civil Rights, Administrative/Regulatory

Changing sexual assault rules: wrong time, wrong way

Sep. 11, 2017
By Barbara S. Bryant

Education Secretary Betsy DeVos has announced plans to modify Obama-era rules regarding campus sexual assault.


U.S. Supreme Court, Civil Litigation

Roadblocks to mass actions

Sep. 11, 2017
By Brian S. Kabateck, Nicholas R. Moreno

In light of recent U.S. Supreme Court rulings, the plaintiffs’ bar will have to adapt its approach to national mass actions.


Civil Litigation, Law Practice, California Supreme Court, California Courts of Appeal, Appellate Practice

Form should not win over substance. When it comes to SJ, however, that precept may not apply as much anymore.


Law Practice, Ethics/Professional Responsibility

Emails, e-fails and risks to sanity

Sep. 8, 2017
By Louie H. Castoria

Civility aside, lawyers have professional concerns about their use and abuse of email. Here are a few.


Civil Litigation, Alternative Dispute Resolution

For many reasons, it is usually advantageous to have an arbitration award confirmed in California state court. But not always.


Civil Litigation, Insurance, California Supreme Court, California Courts of Appeal

Additional insureds and bad faith

MCLE
Sep. 8, 2017
By Kirk A. Pasich

Review a new ruling dealing with when an insurer breaches its duty to defend an additional insured.


Civil Litigation, Law Practice, 9th U.S. Circuit Court of Appeals

Cy pres is alive and well in class action settlements

Sep. 8, 2017
By Caleb H. Liang, James M. Lee

The 9th Circuit has approved the use of cy pres in settlements where there are millions of class members who would receive pen...


Law Practice, Ethics/Professional Responsibility

Spot warning signs in the quest for new clients

Sep. 8, 2017
By J. Randolph Evans, Shari L. Klevens

In the never-ending search for new clients and more work, attorneys are often willing to overlook or explain away the warning ...


Tax, Civil Litigation, Government, California Supreme Court, California Courts of Appeal

It just got easier to pass local taxes

Sep. 7, 2017
By Meriem L. Hubbard

Time will tell what a recent state high court decision means for local taxation. But it appears to make it easier to pass loca...


U.S. Supreme Court, Mergers & Acquisitions, Corporate, Bankruptcy

Justices to weigh complex M&A safe harbors

Sep. 7, 2017
By Neal S. Salisian, Stephanie Chau

The Supreme Court’s grant of certiorari in a case is a clear indicator that it is ready to resolve the endemic circuit split o...


Immigration, Government

The end of the Deferred Action for Childhood Applicants program will affect almost 800,000 young people present in the U.S. wi...


Insurance, California Supreme Court, California Courts of Appeal

Punitive damages for failing to defend developer

Sep. 7, 2017
By Roger C. Haerr

The California Court of Appeal recently affirmed in part a punitive damages award arising out of an insurer’s bad faith in ref...


Government, Corporate

SEC settlements can bring unintended consequences for CPAs

Sep. 7, 2017
By Mark Mermelstein, Kevin Askew

A settlement with the Securities and Exchange Commission can, and often does, prompt aggressive disciplinary action by the Cal...


Intellectual Property, Corporate

Don’t wait to address common trademark issues for startups

Sep. 7, 2017
By Jennifer Lee Taylor, Margaret Mayo

Choosing the right name for your company from a branding perspective is important. Equally important, however, is avoiding a n...


Tax, Government

California’s Proposition 55 extended the “temporary” 13.3 percent tax rate. How temporary is it? Just until 2030.


Immigration, Government

By eliminating DACA Trump is giving Congress a historic opportunity for immigration reform. This is a chance for lawmakers to ...


Law Practice, Civil Rights, State Bar & Bar Associations

The disparate impact of the current minimum passing score is not being questioned. The State Bar’s own statistics appear clear...


Civil Litigation, California Supreme Court, California Courts of Appeal

Gravamen theory in anti-SLAPP

Sep. 6, 2017
By Thomas A. Delaney

Yet another conflict may be looming on the proper analysis of mixed causes of action in the context of the anti-SLAPP statute.