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Perspective

On Sept. 27, Gov. Jerry Brown signed into law Assembly Bill 1843, which limits an employer's ability to gain access into the j...


Perspective

In 2013, the California Legislature enacted the HBOR in order to correct perceived and real abuses in the non-judicial foreclo...


Perspective

How secret must a trade secret be?

Oct. 11, 2016
By Douglas A. Winthrop

Could a trade secret exist if it is known or readily ascertainable within an industry, and its value is derived solely from be...


Litigation

More on Usage

Oct. 11, 2016
By David M. Balabanian

In response to reader requests, here are more suggestions on usage. By David M. Balabanian ...


Litigation

Foreign law in the 9th Circuit

Oct. 11, 2016
By Anna-Rose Mathieson

A fight over photos of Picasso's paintings in the 9th Circuit provides a useful review of how issues of foreign law should be ...


Corporate

To help startups and other companies get their feet wet, some technology companies are developing blockchain-based systems for...


Family

Celeb divorces show power of prenuptials

Oct. 8, 2016
By John M. Goralka

Prenuptial agreements are particularly important for clients with children from a prior relationship, older couples, clients w...


Perspective

Trump's NOL lasts 20 years, but audits last 3?

Oct. 8, 2016
By Robert W. Wood

Brilliant or not, Donald Trump had big losses in 1995. And that means he could offset other income across many years. That's t...


Zoning, Planning and Use

San Francisco property owners and landlords scored a recent victory after the 1st District Court of Appeal affirmed a decision...


U.S. Court of Appeals for the 9th Circuit

Checkpoints again subject to challenges

Oct. 8, 2016
By Ariana Seldman Hawbecker

For the past several decades, a checkpoint on Interstate 5 near San Diego has continued to operate with the purported permitte...


Ethics/Professional Responsibility

Positive (-ly false) reviews

Oct. 8, 2016
By David M. Majchrzak, Heather L. Rosing

Attorneys, like anybody else, enjoy hearing good things about themselves. But problems arise when positive statements are inac...


Securities, Mergers & Acquisitions, Corporate

A recent decision by the Delaware Court of Chancery reinforces principles that often arise in the context of demands for books...


Corporate

Delaware courts dismiss records actions

Oct. 7, 2016
By Peter M. Stone

Fiduciary duty defendants should consider seeking dismissal of any previously pending books and records action, whether by req...


Intellectual Property

The recent Yahoo you data breach brings new focus to privacy and security questions ranging from data breach notification resp...


GC Email

A sale, a breach, a wave of class actions

Oct. 7, 2016
By Sean L. Harrington

Although it seems unlikely under current jurisprudence that the current cases against Yahoo will attain class certification, t...


Immigration, Government, 9th U.S. Circuit Court of Appeals

Unrepresented immigrant youth, Esq.

Oct. 7, 2016
By Rachel K. Prandini, Alison E. Kamhi

A recent 9th Circuit decision makes it very unlikely that a child will ever even have the chance to argue for a right to couns...


U.S. Supreme Court, Intellectual Property

Next week, for the first time in more than a century, the U.S. Supreme Court will hear a case involving infringement of a desi...


Civil Litigation, Ethics/Professional Responsibility

Evolving standards of litigator conduct in California

Oct. 7, 2016
By J. Randolph Evans, Shari L. Klevens

History has shown that, as society becomes more litigious, fulfilling duties to clients without overstepping ethical boundarie...


Ethics/Professional Responsibility

Alternative Discipline Program can help attorney addicts

MCLE
Oct. 7, 2016
By Heather E. Abelson

Recognizing the alarming rate of substance abuse among lawyers, the State Bar offers the Alternative Discipline Program -- a c...


Law Practice

Formula One's new owner has deep anchors

Oct. 6, 2016
By Jonathan A. Michaels

U.S.-based Liberty Media is purchasing the Formula One enterprise, and expect it to use its assets to indoctrinate the U.S. ma...


Perspective

While patent litigation in the patent troll and competitor-versus-competitor battles for technology dominance is waning — IoT ...


Technology & Science

Augmented reality app developers — like those behind Pokémon Go — will likely defeat most of the claims legal commentators bel...


Perspective

Californians won important new rights with a law signed by Gov. Jerry Brown last week. Senate Bill 1241 will prohibit corporat...


Criminal

Parole board is behind on base-term calculations

Oct. 6, 2016
By Sharif E. Jacob

California's parole system offers inmates a critical but underutilized tool to ensure that their sentences are proportionate: ...


Constitutional Law

Proposition 59: the Citizens United initiative

Oct. 6, 2016
By Bruce A. Wessel

This "Legislative Advisory Proposition" on the ballot in November asks us a question: Should our elected officials use their c...


U.S. Supreme Court, Securities, Government, Administrative/Regulatory

Justices to weigh tippee liability

Oct. 6, 2016
By Thomas A. Zaccaro, Nicolas Morgan

After a long hiatus, insider trading will return to the U.S. Supreme Court on Wednesday.


Administrative/Regulatory

In his pursuit of Exxon, Eric Schneiderman must have had to ignore ABA Rule 3.8, designed to prevent prosecutorial abuse. By J...


Labor/Employment

The "required vehicle" exception to the "going and coming" rule has received a fair amount of ink recently, especially in ligh...


U.S. Supreme Court, Labor/Employment, California Supreme Court

The 2nd District Court of Appeal recently held that employees cannot be compelled to arbitrate whether they are "aggrieved" in...


U.S. Supreme Court, Criminal, Corporate

On Tuesday, the U.S. high court will hear arguments in a case that shows how crucial charging decisions can be. ...