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Administrative/Regulatory

In response to the legal challenges and industry concerns, the FDA has issued guidance that effectively permit manufacturers t...


Litigation

The right to an arbitration reporter

Feb. 25, 2017
By Joseph Goldstein

A new law provides any party to an arbitration the right to require the presence of a certified shorthand reporter to transcri...


Transactions

For better or for worse, Regulation Crowdfunding implemented Title III of the JOBS Act by creating a high-risk but lower-stake...


Perspective

The 'self-defense' exception to confidentiality

Feb. 25, 2017
By Andrew Dilworth

The notion that when a dispute arises between a lawyer and former client the duty of confidentiality will not prohibit the law...


Constitutional Law

The 'whole parcel' takings conundrum

Feb. 25, 2017
By Michael M. Berger

The confusion began with the U.S. Supreme Court's first modern takings decision involving New York's Grand Central Terminal.


Perspective

Trump and the American normal

Feb. 25, 2017
By Patrick D. Goodman

President Trump is not the first president to express fierce opposition to a judicial ruling. But he is the first president to...


Are all employees equal in the state of California?

Feb. 24, 2017
By Brian S. Kabateck, Christopher B. Noyes

Given the increasing mobility of the American workforce, questions about which state's laws apply to a traveling employee are ...


Perspective

Different approaches to CLRA damages

Feb. 24, 2017
By Austin B. Kenney

Is a car buyer's ability to recover attorney fees and costs under California's Consumer Legal Remedies Act (CLRA) limited by t...


Perspective

States step up when feds step down

Feb. 24, 2017
By Daniel J. Herling

During the first month of the Trump administration, many pundits opined that looming legislative and regulatory changes, new a...


Law Practice, Ethics/Professional Responsibility

Max out joint defense agreements

MCLE
Feb. 24, 2017
By J. Randolph Evans, Shari L. Klevens

In the past, litigation typically involved only one plaintiff and one defendant. Modern litigation, however, tends to be far m...


Judicial Profile

Bryan Stodghill

Feb. 24, 2017
By Arin Mikailian

San Bernardino County Judge Bryan Stodghill's amiable personality helps him in traffic court.


Corporate

Language matters for working lawyers, and hiring lawyers

Feb. 23, 2017
By Olga V. Mack, Katia Bloom

Words have power, especially for businesses seeking rapid expansion, as gender neutral job postings words help businesses rece...


Securities, Civil Litigation, Corporate, Constitutional Law

Oral arguments are scheduled for May 24 in a D.C. Circuit case that will decide once and for all whether SEC ALJs are inferior...


Entertainment & Sports

Are idea-theft and copyright law merging?

Feb. 23, 2017
By Jens B. Koepke

We learned six years ago that state idea-theft claims were not preempted by copyright law, but courts may be changing their tu...


GC Email

State regulation of business such as menu item calories, company energy efficiency, and restaurant cleanliness comes at a high...


Environmental & Energy, Administrative/Regulatory

The real cost of CEQA abuse

Feb. 23, 2017
By Jennifer L. Hernandez

Our environmental laws are being used to perpetuate patterns of ethnic and environmental segregation, all while undermining im...


Law Practice

The cornerstone of e-discovery practice is the duty to preserve evidence. For all the publicity cases in this area have genera...


Perspective

The supply of small, privately owned residential health care facilities is shrinking as owners find it challenging to comply w...


GC Email

Trump has another bite at workers' rights apple

Feb. 22, 2017
By Michael Hancock

Trump's new nominee for secretary of labor, R. Alexander Acosta, may be qualified for the job, but no matter who will ultimate...


Government

A 'path' to anomalous results

Feb. 22, 2017
By Douglas Winter

The expansive definition of recreational trail immunizes public entities from liability for nearly all poorly or nonmaintained...


Immigration, Civil Rights

Detaining abuse victim violated federal law

Feb. 22, 2017
By Julie Greenwald Marzouk

The undifferentiated enforcement of immigration laws has the unfortunate side effect of inhibiting victims from reporting dome...


GC Email

Yahoo data breach litigation

Feb. 22, 2017
By Anita Taff-Rice

Given the massive amount of data stolen, the court will likely establish a definitive interpretation of California's data prot...


Appellate Practice

Thinking outside the American appellate box

Feb. 22, 2017
By Myron Moskovitz

This week, let's instead consider the British box, which in some areas can save judicial time. I've seen no studies o...


Administrative/Regulatory

Neil Gorsuch and executive power

Feb. 22, 2017
By Blaine H. Evanson

Those concerned about the breadth of executive power in the Age of Trump may find an ally in the unlikeliest of places: the pr...


Ethics/Professional Responsibility

Beware potential perils of attorney blogs

Feb. 18, 2017
By Perry L. Segal

An attorney's stand-alone blog covering nonlegal subjects won't trigger State Bar oversight — even if it includes a link to th...


Labor/Employment

The NLRB and the law firm workplace

Feb. 18, 2017
By Jeffrey D. Polsky

In the last few years, the board has taken an expansive view of what constitutes protected concerted activity. By Jeffrey D. P...


Law Practice

Mediation confidentiality reform

Feb. 18, 2017
By Lisa Zonder

Those engaged in civil, family or other non-criminal mediation should beware of the California Law Revision Commission's draft...


Ethics/Professional Responsibility

Keeping that gift horse from biting you

Feb. 18, 2017
By David M. Majchrzak, Heather L. Rosing

As much as attorneys may be flattered by gifts — and as much as they may want to avoid offending a client they hope will refer...


Law Practice

USDC one-two punch for the knockout

Feb. 18, 2017
By Paul F. Rafferty

Consider a hypothetical where a defendant moves simultaneously using Rule 56 (no surprise) and Rule 12 of the federal rules. B...


Entertainment & Sports

High-profile dilemma: fight or settle?

Feb. 18, 2017
By Mathew S. Rosengart

Representing celebrity clients in the new "clickbait" era: a cautionary tale for defendants (and their lawyers). By Mathew Ros...