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Judges and Judiciary

De-unifying California's integrated bar

Apr. 14, 2017
By Mark L. Tuft

Relegating the proactive functions of the organized bar to a voluntary bar association might endanger the State Bar's most imp...


Environmental & Energy, Administrative/Regulatory

Why cap-and-trade ruling matters

Apr. 14, 2017
By Dave Owen

Beyond the obvious answer -- CARB can keep auctioning emissions -- the 3rd District's recent decision has several important im...


Corporate

What if you must return pay, like Wells Fargo?

Apr. 14, 2017
By Robert W. Wood

In the wake of its fake account scandal, Wells Fargo installed a new chief executive, reformed its sales incentives, and clawe...


GC Email

Ruling limits who can bring suit under ERISA

Apr. 14, 2017
By Robert J. McKennon

A recent 9th Circuit decision narrowed the term "beneficiaries" under ERISA to exclude health care providers. By Robert J. McK...


Administrative/Regulatory

Bill would require Internet of Things security measures

Apr. 14, 2017
By Sheila A. Millar, Tracy P. Marshall

Like most states, California has enacted data security and data breach notification laws to protect personal information of re...


Criminal, Civil Rights

Court weighs supervision terms, privacy

Apr. 14, 2017
By Frank M. Loo

Probation officers may search cellphone and computer activity if it's pursuant to a probationary term reasonably related to po...


Perspective

Frivolous appeals

Apr. 14, 2017
By Gary A. Watt

We've all run across an appeal that seems frivolous. But while some appeals may be losers, not all loser appeals are frivolous...


Tax, Corporate, Administrative/Regulatory

Last month, the California secretary of state posted a list of approximately 5,000 suspended or forfeited nonprofit corporatio...


Administrative/Regulatory

Proposed bill could politicize the US Copyright Office

Apr. 13, 2017
By Kimberly A. Warshawsky

The bill would make the Register of Copyrights, an appointed position, to be nominated by the president and confirmed by the S...


Environmental & Energy, Administrative/Regulatory

New GHG rule for oil and gas facilities

Apr. 13, 2017
By Shannon S. Broome, Daniel Grucza

The California Air Resources Board approved greenhouse gas emission standards for crude oil and natural gas facilities.


Judicial Profile

Annemarie Pace

Apr. 13, 2017
By Arin Mikailian

Presiding Juvenile Judge Annemarie Pace collaborates with kids, families for best outcomes.


Immigration

When arriving from abroad, do you have a right to an attorney?

Apr. 13, 2017
By William L. Coffman, Daniel J. Herling

Entering the United States has become a brave new world of border inspections and electronic device examination.


Government

Trump University: What's in a name?

Apr. 13, 2017
By Robert Ross Dekoven

Now that the Trump University litigation has settled, some ask why California does not prohibit the use of "college" or "unive...


Constitutional Law

Tattoo artist can bring First Amendment challenge

Apr. 12, 2017
By Karen A. Henry

James Real brought a civil rights action against the city of Long Beach, claiming the city's zoning ordinances impinge his Fir...


Labor/Employment, Constitutional Law, Civil Rights

The company's "diversity holdback" mandate, which threatens to withhold up to 10 percent of an outside law firm's invoiced fee...


Labor/Employment

Title VII ruling reflects current values

Apr. 12, 2017
By Richard Thompson Ford

The 7th Circuit said Title VII prohibits an employer from discriminating on the basis of sexual orientation -- the first feder...


California Courts of Appeal, Administrative/Regulatory

San Francisco landlords may breathe a sigh of relief -- tenant-relocation payments won't be dramatically increased when they e...


Insurance

As one insurer recently found out, risk-shifting provisions in their policies — specifically, one which seeks to shift the cos...


GC Email

Increased focus on donor-advised funds

Apr. 12, 2017
By Erin Bradrick

With the continuing popularity of donor-advised funds and with the issuance of regulations regarding the operation of such fun...


Constitutional Law

End of filibuster was inevitable

Apr. 12, 2017
By David DeGroot

Whatever the future holds for Supreme Court nominees, both sides will have to live with the consequences of the end of the fil...


Judicial Profile

Elaine Lu

Apr. 12, 2017
By Arin Mikailian

Judge Elaine Lu balances efficiency and thoroughness in an LA court with 15K pending cases.


Labor/Employment

IRS memos aren't final word on 401(k) hardship distributions

Apr. 11, 2017
By Edward M. Bernard, Elizabeth J. Masson

Employers and plan administrators may not rely on or cite the IRS memorandum as legal authority -- it is not a pronouncement o...


Appellate Practice

Recent ruling clarifies two key wage statement questions

Apr. 11, 2017
By John C. Kloosterman

One of the most contentious areas of litigation between California employees and employers involves what's listed on the emplo...


Appellate Practice

Avoid 'mere gamesmanship' on appeal

Apr. 11, 2017
By Robert A. Roth

Better late than never rarely applies to appeals -- failing to raise issues during trial can be determinative. ...


Government

The plain truth is that sheriffs are not enforcing immigration law on our streets despite accusations that we are. By Donny Yo...


Government

A win for the US Constitution

Apr. 11, 2017
By Jay Sekulow

With the confirmation of Justice Neil Gorsuch to the Supreme Court -- the Constitution, the rule of law and the American peopl...


Government

Nothing was lost with confirmation filibuster

Apr. 10, 2017
By Erwin Chemerinsky

Senate Democrats did not filibuster Judge Neil Gorsuch to stop his confirmation - they did it to express a protest message tha...


Perspective

While participation is voluntary for the client, attorneys must participate in this forum if the client so elects to proceed u...


Law Practice, Law Office Management

Protect your firm from partner departures

Apr. 8, 2017
By Daniel O'Rielly, Dena Roche

Well drafted partnership agreements lessen the likelihood that top partner talent will depart the firm. ...


Creditors' access to trust distributions

Apr. 8, 2017
By Mark J. Phillips, Sevag P. Kechichian

A recent case asked whether and when a bankruptcy estate can access a beneficiary's interest a spendthrift trust. By Mark J. P...