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Law Practice, Appellate Practice

A waste of limited judicial resources

May 12, 2017
By Jonathan A. Goldstein

Published appellate decisions that abandon common sense highlight the problem of justices who either are too inexperienced or ...


Criminal, Constitutional Law, State Bar & Bar Associations

Modifications to proposed prosecutor rule will have consequences

May 12, 2017
By Michael Ogul, Laurie L. Levenson

What some prosecutors fail to recognize is that there is no materiality requirement under existing California law reg...


Intellectual Property

When memes make you (or Jordan) cry

MCLE
May 12, 2017
By Sam Iverson, Tim Rawson

If Michael Jordan is heading for the tissues over his "Crying Jordan" meme, he would have an arsenal of legal weapons at his d...


Law Practice

Johnson Amendment order is merely symbolic

May 11, 2017
By Erin Bradrick

Given the amendment is rarely enforced, the order seems more of an effort by Trump to convince his base that he is getting thi...


Civil Litigation, California Supreme Court

High court ruling clarifies anti-SLAPP in discrimination suits

May 11, 2017
By James Azadian, Cory L. Webster

The holding is perhaps best explained by considering the alternative: A win for the defendant would likely mean all discrimina...


Labor/Employment, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

Last month, a California federal district court granted the defendants' motion to dismiss claims for unpaid wages brought by a...


Tax, Government

The problem with an underfunded IRS

May 11, 2017
By Bruce Givner, Owen Kaye

In 2017, the Internal Revenue Service will be about 20 percent underfunded compared to 2010, in constant dollars.


Health Care & Hospital Law, Government, Administrative/Regulatory

Health care is too complex for this quick fix

May 11, 2017
By Craig B. Garner

It is preposterous to believe the AHCA can replace not just the 906-page ACA, but also the tens of thousands of regulatory cla...


Appellate Practice

Fortunately, there were witnesses

May 10, 2017
By Benjamin G. Shatz

Unfortunately, their testimony is not just inconsistent, but irreconcilably contradictory.


Labor/Employment, Administrative/Regulatory

Is California moving toward completely 'blind' hiring?

May 10, 2017
By Gina M. Roccanova

Assembly Bill 168 would prohibit California employers, including public sector employers, from requesting information about a ...


Family

'Til death, we divorce

May 10, 2017
By Diana P. Zitser, Brandon Johnson

Most people know marriage is supposed to be forever, but few realize divorces can feel that way, too.


Law Practice, Intellectual Property, Administrative/Regulatory

Think you know craft beer attorneys?

May 10, 2017
By Daniel J. Croxall

Craft beer lawyering, while seemingly "so cool" to some lawyers, at the end of the day is just another day at the law office m...


Utility companies should be compelled to regularly advise residential and commercial customers of their vegetation management ...


Corporate, Construction, California Courts of Appeal

Flintco Pacific was a clear win for public works subcontractors. However, it also creates another potential battle-of-the form...


Insurance

When does the Cumis statute rate cap apply?

May 10, 2017
By Dominic Nesbitt

Depending upon how a particular policy is worded, an insurer may not be entitled to rely upon the rate cap.


Health Care & Hospital Law, California Courts of Appeal, Administrative/Regulatory

Health care reform and medical malpractice

May 10, 2017
By Bruce G. Fagel

Pending legislation in Congress and a recent Court of Appeal decision have created uncertainty as to what evidence can be intr...


Government, Criminal

Judges oppose voir dire bill

May 10, 2017
By Jeff Adachi

Assembly Bill 1541, a common sense measure that will improve voir dire in criminal cases, will be heard Tuesday in the Assembl...


Judicial Profile

Joan Weber

May 10, 2017
By Arin Mikailian

San Diego Judge Joan Weber takes special care to help promising juvenile offenders rehabilitate.


Government, Administrative/Regulatory

Biometric data laws are spreading across US

May 9, 2017
By Zerina Curevac

Considering the recent wave of biometric litigation, virtual and augmented reality businesses should address the privacy risks...


Intellectual Property, Corporate

Not your garden variety trade secrets case

May 9, 2017
By James Pooley

When one of the lawyers appearing at last week's Waymo v. Uber preliminary injunction hearing said it was "not your g...


Civil Litigation, Insurance

James 3, the leading case on the issue, was wrongly decided -- a "Buss reservation" breaks the bonds of trust between attorney...


Law Practice

Attorneys may not realize that post-incident ratification can serve as a basis to impose vicarious liability as well as puniti...


Law Practice

New path for establishing future care costs

May 9, 2017
By Catherine M. Kelly

A recent decision held that a defendant can introduce evidence that health benefits under the Affordable Care Act are availabl...


California Courts of Appeal, Appellate Practice

The most recent appellate opinion to address "mandatory relief" under CCP Section 473(b) was authored by Justice Paul Turner -...


Labor/Employment, 9th U.S. Circuit Court of Appeals

Past salary and pay equity in the 9th Circuit

May 9, 2017
By Emily Burkhardt Vicente, D. Andrew Quigley

Is an employer who pays every new hire 5 percent more than his or her prior job lawfully setting salaries based on a "factor o...


Law Practice, California Supreme Court, California Courts of Appeal

The issue was clearly stated: "Can a party's assertion of an affirmative-defense trigger a clause that awards attorney's fees ...


Government

Senate Bill 258, the Cleaning Product Right to Know Act of 2017, would require that chemicals used in everyday cleaning produc...


Law Practice, Appellate Practice

No anti-SLAPP jurisdiction, no problem

May 8, 2017
By Charles M. Kagay

The California Supreme Court had an opportunity to wrestle with ancient Greek paradoxes in a unique anti-SLAPP/attorney discip...


Government, Criminal

We have 800 and some days left in Jerry Brown's tenure to get this message to him. If anyone should be granted clemency, why a...


Judicial Profile

Kenneth So

May 7, 2017
By Arin Mikailian

San Diego County Judge Kenneth So goes out of his way to make attorneys, jurors comfortable ...