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U.S. Supreme Court

If the post-Trump court revisits race-conscious admissions program rulings, the idea of racial diversity as a compelling gover...


Law Practice

Article IV court constitutionality put to test

Nov. 15, 2016
By Anna-Rose Mathieson

One tropical appeal and a dubious marriage threatened to cause a storm in the Northern Mariana Island courts. By Anna-Rose Mat...


Law Practice

'Hear Ye, Hear Ye!' Asynchronously

Nov. 15, 2016
By David M. Balabanian

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

Nov. 15, 2016
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

Imagine, if you can, the negotiation of a complicated transaction in which the lead negotiators have only half an hour to comm...


Construction

Flaws in Caltrans dispute resolution

Nov. 12, 2016
By Bernard S. Kamine

Effective Jan. 1, 2017, Caltrans is making significant changes to the specifications for dispute resolution boards (DRB) and d...


Perspective

Negotiating settlements when the clock is ticking

Nov. 12, 2016
By Douglas E. Noll

Plan out negotiation scenarios before trial in order to make the best decision about settlement, as inter-trial settlement neg...


Perspective

Navigating finances in a dissolution of marriage

Nov. 12, 2016
By James Giacchetti

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...


GC Email

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

Nov. 12, 2016
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

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

Nov. 12, 2016
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...


Perspective

Justices should stand up for FCA rules

Nov. 12, 2016
By Demme Doufekias

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...


U.S. Supreme Court

The Trump Court

Nov. 12, 2016
By David DeGroot

Donald Trump's stunning victory in the presidential election comes with an immediate opportunity: a nomination to replace the ...


Last week, the IRS increased the pressure on these entities, labeling virtually all micro captives as "Transactions of Interes...


Mergers & Acquisitions

Investigations by antitrust authorities in both jurisdictions could constitute material information triggering a disclosure ob...


Corporate

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

Nov. 11, 2016
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

Nov. 11, 2016
By Lauren A. Rode

A 9th Circuit decision underscores the importance of creditors making their claims known in a Chapter 13 bankruptcy.


GC Email

A recent Supreme Court decision includes language that should have broader implications beyond implied certification in FCA ca...


Perspective

Killed in Mexico, from US soil

Nov. 11, 2016
By Martin J. Siegel

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

MCLE
Nov. 11, 2016
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

The commission should turn its attention to other ways in which data is invisibly collected, such as sponsors of zero-rating f...


GC Email

FinTech disruption has only just begun

Nov. 10, 2016
By Jeff Steiner

We have only begun to tap into the potential of technology to disrupt and improve the financial services industry. Thankfully,...


Insurance

As autonomous vehicles become more commonplace, the automobile insurance industry will shift its focus to cybersecurity liabil...


Perspective

Fashion tech: redesigning trademark protection

Nov. 10, 2016
By Christine B. Redfield

The tech and fashion industries have seen more collaborations in 2016 than in any previous year, and they have melded form and...


Government

Standing up for immigrants in court

Nov. 10, 2016
By Jacqueline Serna

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

Nov. 9, 2016
By Olga V. Mack, Katia Bloom

Startup success in highly regulated industries requires regular, accurate and effective communication with regulators. ...


Perspective

There are a number of statutory payment remedies available to assist contractors in getting paid. The deadline to assert these...