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U.S. Supreme Court, Labor/Employment, 9th U.S. Circuit Court of Appeals

Banning beards at work could get a little hairy

Aug. 23, 2016
By Nathan J. Kowalski, Irma Rodriguez Moisa

The question of whether private companies or public entities may prohibit their employees from wearing beards is somewhat of a...


Perspective

On Aug. 9, the 9th Circuit considered whether Section 301 of the federal Labor Management Relations Act preempted various stat...


Appellate Practice

SLAPPing a mixed cause of action OK'd

Aug. 23, 2016
By Charles M. Kagay

The Supreme Court recently decided that an anti-SLAPP motion may be brought against the portion of a mixed cause action that a...


Law Practice

Client Care 3

Aug. 23, 2016
By David M. Balabanian

When we receive documents such as court rulings, opposing briefs or contract drafts and lack sufficient time to form a reliabl...


Perspective

SB 443 will not have a major impact on the forfeiture landscape because the federal government has already fixed the "loophole...


Administrative/Regulatory

War on pot just went up in smoke

Aug. 23, 2016
By Michael Chernis

Despite the outcome of a recent 9th Circuit ruling, Judge Diarmuid O'Scannlain cautioned that Congress could do an about-face ...


Tax

Athletes get $25,000 for gold, $15,000 for silver and $10,000 for bronze. Fortunately, the value of the medals themselves is n...


Elder Law

Insurers adapt to surge of elder abuse claims

Aug. 20, 2016
By Linda E. Klamm

As the elder care industry has increasingly faced significant liability arising out of elder abuse claims and class action sta...


Law Practice

Beware filing Chapter 7 as a way to end litigation

Aug. 20, 2016
By Howard N. Madris

A Chapter 7 corporate bankruptcy petition may be a quick, proactive means of ending litigation and collection actions against ...


Perspective

Cognitive impairment in your firm

Aug. 20, 2016
By Jeffrey D. Polsky

FIRM ADVICE: Law firms dealing with impaired attorneys face conflicting obligations. By Jeffrey D. Polsky ...


Law Practice, International Law, Government, Administrative/Regulatory

Another chapter closed in Donziger saga

Aug. 20, 2016
By Jennifer A. Becker

Corruption and bribery in the Ecuadorian case against Chevron have led to an unenforceable $8.7 billion judgment. ...


Constitutional Law, California Courts of Appeal

Our eminent right to a jury

Aug. 20, 2016
By Gideon Kanner

Courts in the U.S., like the California Supreme Court, are often mistaken in assuming that eminent domain cases were not triab...


Insurance, Ethics/Professional Responsibility

Considerations for choosing legal malpractice insurance

Aug. 19, 2016
By J. Randolph Evans, Shari L. Klevens

Each practice should determine the best scope of coverage for its specific needs, but there are many risks and rewards to cons...


Law Practice, Ethics/Professional Responsibility

A new model anti-discrimination rule

MCLE
Aug. 18, 2016
By Wendy Chang

Earlier this month, the American Bar Association approved Model Rule 8.4(g), making discrimination and harassment a black lett...


Family, California Courts of Appeal

The Court of Appeal decision is one of the first in California to address the issue.


Perspective

Family law process service demystified

Aug. 19, 2016
By Hirbod Rashidi

A common mistake made in family law practice is thinking that a post-judgment motion must be served on the other side by perso...


Family

Court examines standing to disqualify

Aug. 19, 2016
By Chloe S. Wolman

A recent Court of Appeal decision in a family law case takes a look at who has standing to bring a motion to disqualify an att...


Technology & Science

As the IoT grows, consumers will need to be diligent and keep a close eye on what data is collected and how it's being used if...


Criminal

Bail algorithm falters on its promise

Aug. 19, 2016
By Jeff Adachi

San Francisco's risk assessment algorithm isn't race neutral as advertised, but instead relies heavily on prior convictions to...


Education

Charter school focus misses the real problem

Aug. 18, 2016
By Blake Dixon

In choosing to critique charter schools, the ACLU is once again failing to address the real problem with public education: tea...


Perspective

Disputes over trade secrets cases present concerns that generally motivate early ADR efforts. By Lizbeth Hasse ...


Intellectual Property

Nonroutine handling of patent income

Aug. 18, 2016
By Piers A. Blewett

A new approach for patents to defend global royalty streams and operate as profit centers, at the same time. By Piers A. Blewe...


GC Email

A new life for rejected patents

Aug. 18, 2016
By Anjali Moorthy

IP WATCH: A USPTO pilot program offers a second chance after final rejection, though it's scheduled to end on Jan. 12, 2017, o...


Intellectual Property

Asserting foreign trademarks in the US

Aug. 18, 2016
By Eric Ball

A recent 4th Circuit decision is turning the tables on the perception that parties cannot assert foreign trademarks within the...


Perspective

Applying Alice: Summer 2016 in review

Aug. 18, 2016
By Kyle St. James

This summer has seen the Federal Circuit provide clarity on the bounds of patent-eligible subject matter, and in the upcoming ...


Constitutional Law

Protecting the right to vote

Aug. 18, 2016
By Erwin Chemerinsky

Recent federal court decisions have powerfully reaffirmed a basic constitutional principle: The government cannot act to suppr...


Tax

Trump taxes: white whale or Da Vinci code?

Aug. 17, 2016
By Robert W. Wood

If Trump did hand them over — which he probably will not — it is worth considering just how revealing (or how obtuse) they mig...


Immigration

The poetics and expressionism of artistic practice sometimes do not interact so seamlessly with the law. In the context of imm...


Perspective

Drone rules raise preemption questions

Aug. 17, 2016
By Scott C. Hall

Interestingly, the FAA's new rules emphasize the necessity of compliance with certain state and local laws in addition to abid...


Government

A tale of two Virginia governors

Aug. 17, 2016
By Gregory J. Rolen

Robert McDonnell and Tim Kaine have more in common than just an office — they have each been criticized for receiving gifts.