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Civil Litigation, California Supreme Court, Appellate Practice

Case will test standing of settlement objectors

Apr. 18, 2017
By Julia B. Strickland, Marcos D. Sasso

In a pending case, the state high court is mulling over whether an unnamed class member must first intervene, rather than simp...


Constitutional Law, 9th U.S. Circuit Court of Appeals

Don't buy my product!

Apr. 18, 2017
By Cory L. Andrews

The First Amendment protects the right to not speak, as much as it protects the right to speak, argues beverage manufacturers ...


Books

How American law can make mothers legal targets

Apr. 17, 2017
By Linda C. Fentiman

In her new book "Blaming Mothers," law professor Linda Fentiman explores how pregnant women are stripped of their right to mak...


U.S. Supreme Court, Law Practice, Constitutional Law

The elephant in the originalism room

Apr. 17, 2017
By Dan Lawton

I am no constitutional lawyer, but even I know that originalism depends on a large conceit. The conceit is that we can rightly...


Judicial Profile

Jeffrey Harkavy

Apr. 17, 2017
By Arin Mikailian

Superior Court Commissioner Los Angeles County (San Fernando) ...


Appellate Practice

Statement of Facts: Part I

Apr. 17, 2017
By Myron Moskovitz

Don't burden the appellate judge with every date or fact — stick to what matters in the appeal.


Ethics/Professional Responsibility

When judges are behaving badly, don't forget the CJP

Apr. 15, 2017
By Jonathan A. Goldstein

The Commission on Judicial Performance is only a complaint form away if a judge is treating you or your client unfairly. By Jo...


Law Practice

Some fee fights simply mean more litigation

Apr. 15, 2017
By Ken Moscaret

Defense arguments that ask a judge to disallow the majority of a winning plaintiff's claimed fees often fly in the face of rea...


Administrative/Regulatory

California is bound to play an integral role in spurring continued state-by-state legalization and in chipping away at federal...


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.