U.S. Supreme Court
Supreme Court nominee will have big impact on diversity
By Allison S. Elgart
If the post-Trump court revisits race-conscious admissions program rulings, the idea of racial diversity as a compelling gover...
One tropical appeal and a dubious marriage threatened to cause a storm in the Northern Mariana Island courts. By Anna-Rose Mat...
Imagine, if you can, the negotiation of a complicated transaction in which the lead negotiators have only half an hour to comm...
U.S. Supreme Court, Law Practice, Constitutional Law
The court that could have been
By Erwin Chemerinsky
Since 1960, 78 years old is the average age at which a Supreme Court justice has left the bench. Three of the current justices...
Law Practice
'Hear Ye, Hear Ye!' Asynchronously
Imagine, if you can, the negotiation of a complicated transaction in which the lead negotiators have only half an hour to comm...
Effective Jan. 1, 2017, Caltrans is making significant changes to the specifications for dispute resolution boards (DRB) and d...
Plan out negotiation scenarios before trial in order to make the best decision about settlement, as inter-trial settlement neg...
During a dissolution of marriage, tempered financial management is essential to protecting your client from court imposed sanc...
Starting next month, millions of additional American workers will be entitled to overtime pay. By David Harris and Yvette Davi...
It's not just people eager to light up who are celebrating — there are those who wish to cash in on this emerging industry. By...
Constitutional Law
Undercover videos serve a valuable public benefit
By Alexandra Snyder
Last year, David Daleiden released the first of a series of videos featuring conversations with Planned Parenthood directors a...
U.S. Supreme Court, 9th U.S. Circuit Court of Appeals
Cases portend another record-breaking year for 9th Circuit
By Lawrence Waddington
The U.S. Supreme Court opened its 2016-2017 term in October, but in August and September the 9th U.S. Circuit Court of Appeals...
Administrative/Regulatory
Time to revisit vehicular pursuit laws
By Robert L. Bastian Jr.
That innocent persons injured or killed by LAPD vehicular pursuits not only spiked this past year, and at a rate that compares...
The underlying facts of a False Claims Act case argued before the U.S. Supreme Court last week are the stuff of a good Hollywo...
Donald Trump's stunning victory in the presidential election comes with an immediate opportunity: a nomination to replace the ...
Insurance
IRS to increase scrutiny of 'micro captive' insurance companies
By Bruce Givner
Last week, the IRS increased the pressure on these entities, labeling virtually all micro captives as "Transactions of Interes...
Mergers & Acquisitions
Disclosing an antitrust investigation: the US vs France
By Lionel Lesur
Investigations by antitrust authorities in both jurisdictions could constitute material information triggering a disclosure ob...
In a recent case, the District of Delaware denied a motion to dismiss claims of breach of the fiduciary duties of care and loy...
Bankruptcy, 9th U.S. Circuit Court of Appeals
9th Circuit limits a borrower's ability to 'cure' in Chapter 11
By David S. Kupetz, Asa Hami
The court addressed "whether Entz-White's rule that a debtor may nullify a loan agreement's requirement of post-defau...
Bankruptcy, 9th U.S. Circuit Court of Appeals
In Chapter 13, you gotta stake your claim
By Lauren A. Rode
A 9th Circuit decision underscores the importance of creditors making their claims known in a Chapter 13 bankruptcy.
A recent Supreme Court decision includes language that should have broader implications beyond implied certification in FCA ca...
This term the U.S. Supreme Court should — and likely will — hold that people in the some circumstances non-citizens enjoy Four...
Law Practice, Ethics/Professional Responsibility, Contracts
Contract attorney complications
By J. Randolph Evans, Shari L. Klevens
It is becoming more common for law firms to use contract attorneys to assist with large projects or document reviews to help k...
Perspective
FCC order regulates ISP use of data, but should go further
By Anita Taff-Rice
The commission should turn its attention to other ways in which data is invisibly collected, such as sponsors of zero-rating f...
We have only begun to tap into the potential of technology to disrupt and improve the financial services industry. Thankfully,...
As autonomous vehicles become more commonplace, the automobile insurance industry will shift its focus to cybersecurity liabil...
The tech and fashion industries have seen more collaborations in 2016 than in any previous year, and they have melded form and...
Starting in January, a new law will exclude evidence of a victim's immigration status in personal injury lawsuits. That means ...
Corporate, Administrative/Regulatory
Startups: get to know your regulators
By Olga V. Mack, Katia Bloom
Startup success in highly regulated industries requires regular, accurate and effective communication with regulators. ...
There are a number of statutory payment remedies available to assist contractors in getting paid. The deadline to assert these...