Investments
Possible changes loom for foreign investment regulator
By Nancy A. Fischer
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
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 ...
Maybe we can learn from our forefathers, whose appellate judges only accept briefs outlining facts but no legal argument and t...
Heightened judicial scrutiny of content- or speaker-based commercial speech restrictions would help ensure that such restricti...
Something is wrong with a state budget that favors cannabis regulation over cybersecurity, and an California's law enforcement...
Last week's Senate Judiciary Committee hearings on Jeff Sessions powerfully demonstrated why he should not be confirmed for at...
Early neutral evaluation is particularly suited for large attorney fee cases before discovery commences, and sometimes even be...
Trial judges everywhere know that nothing settles a case like a firm trial date — unnecessary continuances be damned. By John ...
California Courts of Appeal
State Supreme Court closes an anti-SLAPP loophole
By Adam Regele
The court said that a lack of subject matter jurisdiction over a claim does not preclude a court from granting a special motio...
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...
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...
Litigation
Use of personal devices for work can lead to costly e-discovery disputes
By Andrew Cary
Companies need mobile device policies to protect themselves from possible employee text messaging discovery exposure. By Andre...
Labor/Employment
New regulations will benefit claimants in disability insurance cases
By Robert J. McKennon
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'
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
The song remains the same: Internet exceptionalists argue against the application of law
By Neil Turkewitz
Reaching resolution of the complicated issues affecting freedom of speech, as well as commerce, in a manner that adequately ba...
Perspective
Uncertainty over unmanageability, Rule 23 PAGA defenses
By Michele Goldsmith
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
By Wendy Chang
Fresh on the heels of its prior opinion discussing confidentiality, the State Bar of California closed out 2016 with an ethics...
2017 will be an interesting tax year, as capital gains, itemized deductions, earned income tax rates, state tax deductions, ne...
Labor/Employment
Review employment law developments and trends from 2016
By Julie A. Vogelzang
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
By Cary D. Sullivan
Multiple California appellate court decisions reject the notion that plaintiffs can be compelled to arbitrate particular aspec...
International
Regulatory hurdles may stall soaring Chinese investment
By Nancy A. Fischer
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....
While we are less than two weeks from President-elect Donald Trump's inauguration, House Republicans have wasted no time intro...
In what many consider to be a stunning reversal of a 2014 decision, the California Supreme Court ruled that employers may not ...
Nowhere is the challenge to integrate the advance of technology into the law more public than in the U.S. Supreme Court's effo...
While there is nothing wrong with FinTech companies collaborating with financial institutions on Wall Street, problems arise w...
Perspective
Anti-SLAPP protection shouldn't be limited to unlimited case
By Aaron J. Weissman
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
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 ...
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
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
Supreme Court to hear dispute over credit card fees
By Ilya Shapiro
While Visa, MasterCard and the rest are certainly not the devil, they run afoul of the First Amendment in their Frank Underwoo...