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Ethics/Professional Responsibility

Conflict of interest: current clients (Rule 1.7)

Apr. 28, 2017
By David M. Majchrzak

If adopted, Rule 1.7 will be a remarkable response to the Supreme Court's letter rejecting the previous package of proposed ru...


Environmental & Energy, Administrative/Regulatory

Bill addresses private Proposition 65 enforcement

Apr. 28, 2017
By Daniel J. Herling

Assembly Bill 1583 provides an effective enforcement mechanism for the California Safe Drinking Water Toxic Enforcement Act, a...


Securities, Corporate

Guidance on grants of equity to directors

Apr. 28, 2017
By Marc Boiron

In a recent decision the Delaware Court of Chancery provided guidance on grants of equity awards to directors. ...


Constitutional Law

Order is lawful use of spending clause

Apr. 28, 2017
By Kris Whitten

At the hearing held before U.S. District Judge William H. Orrick in San Francisco on April 14, the lawyer defending Trump's or...


Immigration, Criminal

It was only a matter of time before the escalating feud between California and President Donald J. Trump has finally arrived o...


Law Practice, Judges and Judiciary, Civil Litigation

The Special Verdict Paradox: Part I

Apr. 28, 2017
By Michael J. Raphael

If a jury finds that a civil plaintiff has proven each element of its claim, does it necessarily follow that the plaintiff has...


Law Practice

Order stay was an easy call

Apr. 28, 2017
By Kevin R. Johnson

It was a relatively easy case for Judge William H. Orrick given the Trump administration's failure to carefully draft a detail...


Civil Litigation, Labor/Employment

While initially it may seem enticing to attempt to pick-off the PAGA representative, it likely would only increase the employe...


Law Practice

Have a plan, but be ready to improvise

Apr. 27, 2017
By Hamid Yazdan Panah

Adopting a mentality focused on planning but capable of improvisation is essential to solo success, particularly in a rapidly ...


Civil Litigation, Ethics/Professional Responsibility

Lawyer as witness (Rule 3.7)

Apr. 27, 2017
By Raymond Y. Ryan

New proposed Rule 3.7 broadens the existing rule to render it unethical for an advocating lawyer to testify in the same bench ...


Law Practice, Ethics/Professional Responsibility

Under Proposed Rule 1.2.1, the lawyer's role in advising clients who intend to take their own unlawful actions is broadened.


Civil Litigation, Ethics/Professional Responsibility

Limiting liability to client (Rule 1.8.8)

Apr. 27, 2017
By Jason E. Fellner, Caitlin T. DiMaggio

Proposed Rule 1.8.8 clarifies requirements to settle a malpractice claim with a current or former client, and keeps a complete...


Civil Litigation, Labor/Employment

Think about WARN exceptions before facing closure

Apr. 27, 2017
By David T. Van Pelt

A recent Supreme Court decision reinforces a looming specter that employers often fail to focus on when facing imminent closur...


Intellectual Property

One year on: the federal Defend Trade Secrets Act

Apr. 27, 2017
By Matthew M. Werdegar, Warren A. Braunig

As the DTSA celebrates its first birthday, answers to lurking questions about jurisdiction and ex parte seizures begin to emer...


U.S. Supreme Court, Labor/Employment

Earlier this month the U.S. Supreme Court ruled that Courts of Appeals should largely defer to lower courts' decisions when po...


Judicial Profile

Mark S. Arnold

Apr. 27, 2017
By Arin Mikailian

Judge Mark Arnold brings experience as a sheriff's deputy and DA to LA County bench.


Judges and Judiciary

Reassessing Gorsuch's civil rights record

Apr. 26, 2017
By Scott J. Street

The view of Justice Neil Gorsuch as "anti-civil rights" is flawed. The truth is more complicated.


Constitutional Law, California Supreme Court

Can private property be protected against the sea?

Apr. 26, 2017
By Michael M. Berger

The California Supreme Court is about to hear argument in a case that will determine whether coastal property owners can prote...


Judges and Judiciary, Ethics/Professional Responsibility

If adopted, the proposed rule will not only restate the prohibition against maintaining charges unsupported by probable cause,...


Labor/Employment

What is sex?: Expanding LGBT rights under Title VII

Apr. 26, 2017
By Wendy Mcguire Coats, Megan E. Walker

The widely discussed recent 7th Circuit ruling may expand protections not only to gay, lesbian and bisexual employees, but als...


Administrative/Regulatory

FTC guidance on promotional social media content

Apr. 25, 2017
By Karl S. Kronenberger, Liana W. Chen

Many social media campaigns don't comply with FTC requirements of clear and conspicuous disclosures of advertising content, in...


Constitutional Law, Civil Rights, Books

Closing the doors to the courthouse

Apr. 25, 2017
By Charles S. Doskow

In his new book, Erwin Chemerinsky addresses the plethora of jurisprudential and procedural doctrines that have the effect of ...


Securities, Mergers & Acquisitions, Corporate

Impact fund formation growing rapidly

Apr. 25, 2017
By Sara L. Terheggen

The frequency in the number of impact funds being formed is growing significantly. And two trends are happening simultaneously...


California Supreme Court, Appellate Practice

Why does it take longer to affirm than to reverse?

Apr. 25, 2017
By Kirk C. Jenkins

We found that whether the court affirms or reverses has a small but noticeable correlation to lag time in civil cases, and a m...


Civil Litigation, Law Practice, Judges and Judiciary, Criminal

The art of the direct examination

Apr. 25, 2017
By Moez M. Kaba

Although a rousing opening statement and forceful closing argument bookmark a case, what counts most is the narrative trial la...


Environmental & Energy, Administrative/Regulatory

Dismantling climate regulations won't be easy as Trump thinks

Apr. 25, 2017
By Catherine Malina, Sky Stanfield

Recently filed lawsuits are just the beginning of the serious legal challenges the Trump administration faces as it attempts t...


Constitutional Law

To uphold California's proud tradition of inclusion — and to protect the safety and civil rights of all Californians — the gov...


High court to hear general jurisdiction arguments

Apr. 25, 2017
By Donald M. Falk, Samantha C. Booth

Two U.S. Supreme Court cases being argued this week will determine whether a corporation may be hauled into a state in which i...


Civil Litigation, Ethics/Professional Responsibility

Mandatory disclosure of third-party financing gains momentum

Apr. 25, 2017
By Jason D. Russell, Hillary A. Hamilton

Recent developments suggest that courts, rule committees and Congress may be leaning toward mandatory disclosure of third-part...


Government, Education Law, Administrative/Regulatory

Alcohol policies on California campuses

Apr. 24, 2017
By Karen A. Feld

It is no secret that many students at college and university campuses across the nation consume alcoholic beverages before the...