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U.S. Supreme Court, Labor/Employment

What's next for unions after Friedrichs tie?

Apr. 2, 2016
By William B. Gould IV

On March 28, the U.S. Supreme Court affirmed by a tie vote adherence to stare decisis, or precedent -- in this case, upholding...


Perspective

Without immediate action, the number of cases pending before the immigration courts nationwide will exceed 500,000 by the end ...


Appellate Practice

While the pre-trial period in many civil cases is relatively short due to fast-track rules, dissolution of marriage and other ...


Administrative/Regulatory

FTC reins in #misrepresentation

Apr. 1, 2016
By Mary Ellen Callahan, Emily Bruemmer

Lord & Taylor's social media campaign to promote a dress from its new "Design Lab" collection made a splash on Instagram i...


Perspective

Blunders in haste to win wage race

Apr. 1, 2016
By Iris R. Kokish

True to form, California stands ready to enact yet another great legal experiment by leading the charge into the realm of the ...


Corporate

Companies should note joint AKS, FCPA action

Apr. 1, 2016
By David Kirman

This month, the DOJ announced two deferred prosecution agreements to resolve criminal charges under the Anti-Kickback Statute ...


Last week the 9th U.S. Circuit Court of Appeals issued a short order remanding one of the three main challenges to the NSA's M...


U.S. Supreme Court

Court splits begin to roll in

Mar. 31, 2016
By Angela E. Kleine

Last week, and again Monday, the U.S. Supreme Court split 4-4.


New amendments to California's Fair Employment and Housing Act employment anti-discrimination and harassment regulations go in...


Family

New case may expand grandparent visitation rights

Mar. 30, 2016
By Navid Moshtael

The understanding in the state of California has long been that grandparent visitation rights are limited. But there is always...


Insurance

What are 'reasonable expectations'?

Mar. 30, 2016
By Rex Heeseman

How should an ambiguity argument be evaluated in insurance cases?


Labor/Employment

On March 24, the Department of Labor issued a final rule that will require employers to file public reports with the DOL when ...


Corporate

The role of general counsel in M&A

Mar. 30, 2016
By Randy Mehrberg

The general counsel is essential to a successful transaction. Together, the CEO, CFO and GC are strategic deal leaders and the...


Constitutional Law

Federal authority over navigable waters

Mar. 30, 2016
By Miyoko Sakashita

A recent Supreme Court ruling prompted a knee-jerk proclamation of victory by some hoping to ultimately curtail the federal go...


Litigation

In a recent case the 9th Circuit applied a rigorous Rule 12(b)(6) plausibility standard to dispose of a putative labeling and ...


Law Practice

The basics of taking a deposition

Mar. 29, 2016
By Sotera Anderson

You've been asked by a partner at your firm to take the deposition of a witness. You've never taken a deposition, and law scho...


Perspective

On March 10, Tom Wheeler, chairman of the Federal Communications Commission, submitted to the FCC a proposal for the adoption ...


U.S. Supreme Court

Ruling a substantial victory for tribes

Mar. 29, 2016
By Greg Ablavsky

Last Tuesday, a unanimous U.S. Supreme Court found for the Omaha Tribe of Nebraska in Nebraska v. Parker, concluding th...


Government

Traffic courts don't have a license to discriminate

Mar. 29, 2016
By Christine P. Sun

The Judicial Council should take a strong stance to end an unfair court practice that harms the indigent and disproportionatel...


Perspective

Mediation is about cutting a business deal

Mar. 26, 2016
By Zela Claiborne

Mediation is popular with business people and their counsel because it is a low risk process with a remarkably high success ra...


Government, Administrative/Regulatory

Net neutrality's next big battle: ad blocking

Mar. 26, 2016
By Bennett L. Ross, Brett Shumate

While network ad blocking has not taken hold in the U.S. to the same extent elsewhere, consumers here and abroad increasingly ...


Perspective

Two-day bar exam: still irrelevant

Mar. 26, 2016
By Ira L. Shafiroff

Why did the bar make the change to a two-day exam with added weight to the MBE? By its own admission, it was to save $600,000 ...


U.S. Supreme Court, Intellectual Property

It will be interesting to see how the Supreme Court decides this issue, and whether the fears Samsung raised of a new wave of ...


Letters, Constitutional Law

Dean Erwin Chemerinsky's recent column incorrectly argues that U.S. Supreme Court justices may, indeed are required to, consid...


Litigation

Advertising ban ruling a win for cities

Mar. 25, 2016
By Andrew S. Azarmi

Urban planners across the state no doubt breathed a sigh of relief after a recent Court of Appeal decision about outdoor adver...


U.S. Supreme Court, Labor/Employment

Tyson Trumps Dukes

Mar. 25, 2016
By Eric B. Kingsley

In the interests of full disclosure, the article is about Tuesday's 6-2 decision of the U.S. Supreme Court in Tyson Foods v. B...


Entertainment & Sports

It is becoming increasingly common for studios to team up with independent producers at the development stage. By Marisa Kapus...


Law Practice

The thing about unaccredited law schools

Mar. 24, 2016
By Hirbod Rashidi

A big news item overshadow by other recent developments is that the State Bar recently voted to require unaccredited law schoo...


Government

High court ruling was a victory for public agencies

Mar. 24, 2016
By Ruthann G. Ziegler

Last week, the California Supreme Court delivered an important victory for public agencies with regard to the California Publi...


Perspective

Unfair to fair use

Mar. 24, 2016
By Stephen M. Doniger

The Copyright Act places the burden on the copyright owner to police its copyright, and in so doing to consider fair use. But ...