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Technology & Science

Regulators stepping up FinTech actions

Sep. 17, 2016
By Joseph A. Valenti

With a number of U.S. and global regulatory agencies advancing theories to support their jurisdiction and compliance demands i...


Perspective

Adapting water resources for climate change

Sep. 17, 2016
By Wesley A. Miliband

Two bills sitting on the governor's desk will help California adapt its water resources for climate change. By Wesley A. Milib...


Administrative/Regulatory

First major Prop. 65 update in over a decade

Sep. 17, 2016
By Michèle Corash

On Sept. 2, the California published sweeping changes to Proposition 65 that rewrite the "safe harbor" warning regulations and...


Government

The Adult Use of Marijuana Act, Proposition 64 on the November 2016 ballot, is polling at over 60 percent support among likely...


Perspective

IRS time limits and Donald Trump's returns

Sep. 17, 2016
By Robert W. Wood

Is Donald Trump's reluctance to release his tax returns about an IRS audit or something else? By Robert W. Wood ...


Perspective

I first reviewed the Dragon Naturally Speaking software almost 20 years ago, in 1997. With the latest version released this mo...


Litigation

Class action waiver split may go up

Sep. 17, 2016
By Raymond F. Lynch

A 9th Circuit ruling that an employer cannot force employees to pursue work-related claims individually through concerted acti...


Large Firms

Keeping bullies out of your firm

Sep. 17, 2016
By Jeffrey D. Polsky

Studies show that the persons receiving the abuse aren't the only ones affected by it. When other employees witness this behav...


Ethics/Professional Responsibility

Pro bono bill veto was a shock

Sep. 17, 2016
By Cindy Thomas Archer

Many were surprised when Gov. Brown vetoed a bill that would have required law students to complete 50 hours of pro bono servi...


When an insurer fails to honor statutory and common law duties, California's doctrine of equitable estoppel may preclude the i...


Perspective

The California Public Utilities Commission's new process for submitting confidential information is certain to create uncertai...


Perspective

As California burns, costs trump safety

Sep. 16, 2016
By David Huard

Everyone agrees that the root causes of wildfires should be addressed. However, one step below the surface of this clear-cut c...


Administrative/Regulatory

The farmworker overtime bill, now signed into law, could affect hundreds of thousands of agricultural workers and change the f...


Antitrust & Trade Reg.

Merger mayhem in health insurance

Sep. 16, 2016
By John O. Chesley

While the fate the Anthem/Cigna and Aetna/Humana mergers is uncertain, it seems likely that at least one of them will fail to ...


Civil Litigation

Litigation financing details remain elusive

Sep. 16, 2016
By Ferdie F. Franklin

There may be more disclosure about litigation financing forthcoming, however, especially in class actions, based on a recent d...


Litigation

Whose privilege is it anyway?

Sep. 16, 2016
By Michael R. Diliberto

A recent 9th Circuit ruling considers which privilege law governs whether the settlement email exchange during mediation is ad...


Ethics/Professional Responsibility

How to deal with motions for sanctions

Sep. 16, 2016
By J. Randolph Evans, Shari L. Klevens

Receiving a motion for sanctions can be a scary or even emotional event, regardless of whether the motion is brought against j...


Civil Litigation

Is your deposition subpoena enforceable under California law?

MCLE
Sep. 16, 2016
By Bentley P. Stansbury III

Upon receipt of a deposition subpoena or a subpoena duces tecum issued by an arbitrator, careful practitioners should ask two ...


Technology & Science

Ruling chips away at website immunity

Sep. 15, 2016
By Daniel T. Rockey

Affirming the old adage that hard facts make bad law, a 9th Circuit ruling that the Communications Decency Act does not shield...


Labor/Employment

Last week, the 9th Circuit ruled that two of Uber's arbitration agreements are valid and enforceable, reversing the Northern D...


Litigation

Melania Trump's lawsuit against the Daily Mail makes good on one of her husband's most famous promises — a vow in February tha...


Judges and Judiciary

The beast of burden: discovery rules

Sep. 15, 2016
By Curtis E.A. Karnow

These rules — including those which puts the burden on the party complaining of burden — are designed to ensure judges don't g...


Bills like AB 2888 do not actually limit discretion in sentencing. Instead, these bills shift sentencing discretion from the j...


Constitutional Law

Obama's NLRB out of sync with precedent

Sep. 15, 2016
By Mark S. Ross

The Obama board's position misapplies long-settled board law and does a disservice both to employees and employers. By Mark Ro...


U.S. Supreme Court, Constitutional Law

The Fourth Amendment pendulum

Sep. 15, 2016
By Brian M. Hoffstadt

In the 1960s, the U.S. Supreme Court started to divorce Fourth Amendment protections from their grounding in common-law proper...


International Law, Government

9/11 bill is consistent with current law

Sep. 15, 2016
By Juan C. Basombrio

Last week, shortly before the 15-year anniversary of the September 11 terrorist attacks, the House of Representatives passed t...


Immigration

Startup visa will boost economy

Sep. 14, 2016
By Eli M. Kantor

Last month, the Department of Homeland Security published a proposed International Entrepreneur Rule creating a "startup visa....


Law Practice

As the summer wrapped up in August, we got a taste of the coming year with respect to tax-exempt organizations and were inform...


Construction

When liability reaches project owners

Sep. 14, 2016
By Garret D. Murai

For more than 20 years the "Privette doctrine" has shielded project owners and contractors from jobsite injury claims...


Keeping up with the changing data landscape

Sep. 14, 2016
By Katia Bloom, Olga V. Mack

If the prediction that 6.4 billion connected Internet of Things things will be in use worldwide in 2016, it's imperative that ...