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Investments

Several recent events signal possible changes to the way the Committee on Foreign Investment in the United States analyzes nat...


Civil Litigation, Administrative/Regulatory

Inside agency class actions

Jan. 18, 2017
By Michael D. Sant'Ambrogio, Adam S. Zimmerman

Federal agencies hear more cases each year than our federal courts. But agencies routinely avoid using tools that courts rely ...


Appellate Practice

On appeal, should we do as the Brits do?

Jan. 18, 2017
By Myron Moskovitz

Maybe we can learn from our forefathers, whose appellate judges only accept briefs outlining facts but no legal argument and t...


GC Email

Heightened judicial scrutiny of content- or speaker-based commercial speech restrictions would help ensure that such restricti...


Perspective

Criminal record: [file missing]

Jan. 18, 2017
By Anita Taff-Rice

Something is wrong with a state budget that favors cannabis regulation over cybersecurity, and an California's law enforcement...


Government, Civil Rights

My case against Jeff Sessions for AG

Jan. 18, 2017
By Erwin Chemerinsky

Last week's Senate Judiciary Committee hearings on Jeff Sessions powerfully demonstrated why he should not be confirmed for at...


Judges and Judiciary

Resolve large fee disputes effectively

Jan. 14, 2017
By Richard Chernick

Early neutral evaluation is particularly suited for large attorney fee cases before discovery commences, and sometimes even be...


Perspective

Lessons from the economic theory of settlement

Jan. 14, 2017
By John Shepard Wiley Jr.

Trial judges everywhere know that nothing settles a case like a firm trial date — unnecessary continuances be damned. By John ...


California Courts of Appeal

The court said that a lack of subject matter jurisdiction over a claim does not preclude a court from granting a special motio...


Government

The art of US presidents making deals

Jan. 14, 2017
By James Attridge

As America and the world ponder how best to put Trump's proclaimed skill set as dealmaker-in-chief and afflatus to good use, i...


U.S. Supreme Court

Property rights by fiat

Jan. 14, 2017
By Ethan Blevins

You'll get an unexpected message from some states if you're ever convicted of a crime and then later exonerated: We're sorry f...


Companies need mobile device policies to protect themselves from possible employee text messaging discovery exposure. By Andre...


Labor/Employment

Disability insurance regulations issued in late December will benefit claimants and should make it easier to understand the cl...


Plaintiffs struggle to find 'concrete injury'

Jan. 13, 2017
By Jeffrey Rabkin

Concrete injuries resulting from Telephone Consumer Protection Act-prohibited phone calls are hard to prove, making Spokeo-dri...


Intellectual Property, Entertainment & Sports

Reaching resolution of the complicated issues affecting freedom of speech, as well as commerce, in a manner that adequately ba...


Perspective

The hybrid nature of a PAGA action is ambiguous and courts are therefore divided in handling such claims. Particularly, which ...


Law Practice, Ethics/Professional Responsibility

Bar unleashes attorney blogging opinion

MCLE
Jan. 13, 2017
By Wendy Chang

Fresh on the heels of its prior opinion discussing confidentiality, the State Bar of California closed out 2016 with an ethics...


Perspective

2017 will be an interesting tax year, as capital gains, itemized deductions, earned income tax rates, state tax deductions, ne...


Labor/Employment

For California employers, 2016 was a red banner year. We saw new laws, amendments to existing laws and significant rulings tha...


California Courts of Appeal

Courts reject attempts to partition PAGA claims

Jan. 12, 2017
By Cary D. Sullivan

Multiple California appellate court decisions reject the notion that plaintiffs can be compelled to arbitrate particular aspec...


International

Direct investment by China in the U.S. is on track to hit a record $30 billion in 2016, double the investment figure for 2015....


Perspective

Financial agenda on deck at House

Jan. 12, 2017
By Jeff Steiner

While we are less than two weeks from President-elect Donald Trump's inauguration, House Republicans have wasted no time intro...


Labor/Employment

Rest break debate isn't over just yet

Jan. 12, 2017
By Eve H. Wagner

In what many consider to be a stunning reversal of a 2014 decision, the California Supreme Court ruled that employers may not ...


U.S. Supreme Court, Constitutional Law

When analogies fail

Jan. 12, 2017
By Brian M. Hoffstadt

Nowhere is the challenge to integrate the advance of technology into the law more public than in the U.S. Supreme Court's effo...


Banking

Clear lines in public and private spheres

Jan. 11, 2017
By Nancy Yamaguchi

While there is nothing wrong with FinTech companies collaborating with financial institutions on Wall Street, problems arise w...


Perspective

Restricting the use of a powerful and economical defensive tool to only those engaged in higher stakes litigation discriminate...


Corporate

Entrepreneur clinic helps new lawyers jump-start their careers

Jan. 11, 2017
By Olga V. Mack, Katia Bloom

Law school transactional clinics which prepare students for startup employment right out of law school is reversing the trend ...


Perspective

Prompt payment statutes are a shield, not a sword

Jan. 11, 2017
By Garret D. Murai

Recognizing the importance for construction contractors to get paid in a timely fashion, California enacted a series of laws o...


Wrap up nonprofit developments in 2016

Jan. 11, 2017
By Erin Bradrick

This month we discuss crowdfunding and some of the legal issues it raises for nonprofits. Towards the end of the month, we als...


Constitutional Law

While Visa, MasterCard and the rest are certainly not the devil, they run afoul of the First Amendment in their Frank Underwoo...