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Alternative Dispute Resolution

Arbitration of employment disputes today

Sep. 10, 2016
By David P. Warren

In recent years, pre-dispute arbitration provisions employers use have gone from abysmal to enforceable, as employer's attorne...


Corporate

IRS taking a hard look at transfer pricing

Sep. 10, 2016
By Larissa Neumann

Companies should keep transfer pricing compliance as a top concern as the IRS doubles the size of its transfer pricing practic...


Perspective

It is long overdue that the court recognize that emerging family patterns include complex blended families in various forms. B...


Entertainment & Sports

Athletes, scandals and sponsorships

Sep. 10, 2016
By Charulata Pagar

With so much coverage of today's pro athletes, morals clauses are more important than ever. By Charulata Pagar ...


Ethics/Professional Responsibility

Zealous, but civil, advocacy

Sep. 10, 2016
By Alison Buchanan

With its recent revisions, the Santa Clara County Bar Association's Code of Professionalism serves as an important reminder th...


U.S. Supreme Court

A recent case involving the display of a painting containing a Confederate flag at a county fair shows why Legislators, when c...


Large Firms

Is it ethics or political correctness?

Sep. 10, 2016
By Tamara M. Kurtzman

In the latest example of attempted legislation of micro-aggressions, at the August 2016 American Bar Association Annual Meetin...


Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

Artists: 'Blurred Lines' case hurts industry

Sep. 10, 2016
By Edwin F. McPherson

In an recent amicus brief filed in the appeal of the $5.3 million judgment, hundreds of recording artists expressed their unmi...


Administrative/Regulatory

Californians going to the polls this November will find more than 300 measures to raise taxes. And despite multiple legal deci...


Perspective

The curious case of exporting cars

Sep. 9, 2016
By Jonathan A. Michaels

Consider this: A BMW X6 has a starting price of $61,900 in U.S. dealerships. In China, that MSRP is $171,000. By Jonathan Mich...


Insurance

9th: 'independent' physicians may favor insurers

Sep. 9, 2016
By Robert J. McKennon

In a recent published opinion, the 9th Circuit demonstrated that it understands that insurance companies frequently use doctor...


GC Email

Courtesy of the 9th Circuit, the state high court has been afforded the opportunity to answer whether claims for negligent hir...


GC Email

An 'occurrence' by any other name

Sep. 9, 2016
By Nicholas W. Tarasen

In three recent decisions, courts have held that an insured's own defective work may constitute an "occurrence" triggering co...


Administrative/Regulatory, 9th U.S. Circuit Court of Appeals

The 9th Circuit recently slammed shut the door on the Federal Trade Commission's ability to act as a consumer watchdog for dec...


Perspective

CEO misconduct not required

Sep. 9, 2016
By Ethan Dettmer

Last month, the 9th Circuit became the first circuit to hold that CEOs and CFOs may be required to pay back bonuses after rest...


International

2nd Circuit dismisses $655M award against PLO

Sep. 9, 2016
By Jack I. Garvey

The case is exemplary of recent retrenchment by United States federal courts on jurisdictional grounds in high profile interna...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

Open carry wary

Sep. 9, 2016
By William Slomanson

California's federal judiciary has been targeted by a hail of recent gun suits. These Second Amendment volleys aim to relax th...


Law Practice, Ethics/Professional Responsibility

Privacy or privilege: a clash of compelling interests

MCLE
Sep. 9, 2016
By Louie H. Castoria

Lawyers are entrusted with a great deal of private information about people who are not our clients. Are we obliged to exercis...


Bankruptcy

For at least 20 years, transfers made more than seven years prior were not subject to challenge by a creditor as a fraudulent ...


Perspective

Although money transmission is not a new or foreign concept, many technology companies fail to recognize that they are engaged...


Technology & Science

Cryptocurrencies muddy money laundering law

Sep. 8, 2016
By Jeff Steiner

A Florida judge's recent ruling shows that evolving technologies like cryptocurrencies, bitcoin and the blockchain do not alwa...


Criminal

Fixing our broken death penalty

Sep. 8, 2016
By Andrew S. Love

California's current death penalty has proven to be an arbitrary and unreliable government program that has cost taxpayers $5 ...


Perspective

All the judges who opined in Vergara agreed the facts were deplorable. It is only a matter of time until we see a majority opi...


Appellate Practice

We must break free from writing like, well, lawyers

Sep. 7, 2016
By Jeffrey M. Fisher

In law school we struggled to grasp old, cryptic, monolithic judicial opinions. And many lawyers, trained to read those opinio...


Appellate Practice

Your reply brief should reply, not repeat

Sep. 7, 2016
By Myron Moskovitz

Your reply brief might turn out to be the most important vehicle for influencing an appellate court. A few judges think the re...


Constitutional Law

The governor rightly vetoed AB 1766 — which would prohibit a criminal court and each party from referring to prospective juror...


Judges and Judiciary

Surviving without court reporters

Sep. 7, 2016
By Paul Kujawsky

If the court doesn't provide one, bring your own. There are alternatives, but they're rather unappetizing. By Paul Kujawsky ...


California Supreme Court

The real motivation in challenging jurisdiction is not because litigating here would be difficult or unfair; the real motivati...


California Supreme Court

Without jurisdictional limits, the confines of due process will be eroded and the predictability of litigation will be replace...


Judges and Judiciary

Shorter, better, clearer, stronger

Sep. 7, 2016
By Arthur Gilbert

I am a strong proponent… No, I need a more forceful adjective. How about "obsessive"? Yes, …an obsessive proponent, advocate, ...