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U.S. Supreme Court, Constitutional Law


Litigation & Arbitration

The mandatory arbitration wall is starting to crack

Jun. 17, 2022
By V. James DeSimone

Mandatory arbitration clauses have become a fixture of employment agreements, buried in the numerous forms that need to be sig...


Labor/Employment

PAGA has long been exploited by money-hungry trial attorneys to the detriment of California’s business owners.


Labor/Employment

The Viking victory is overstated and short-lived

Jun. 17, 2022
By Eric B. Kingsley

The Viking decision may look big and scary, but it has no staying power. There will be a lot of bluster from the defense bar o...


If you are behind in taxes, or especially if you are crying poor to the IRS, watch out.


Law Practice, Ethics/Professional Responsibility, 9th U.S. Circuit Court of Appeals

Attorney Oath is more than a ritual

Jun. 17, 2022
By William W. Bruzzo

My criminal practice causes me to appear in court almost every day. Those experiences have led me to believe that judges and l...


Government, Civil Litigation

Daniel Defense’s weapons include a Star-Wars-themed rifle clearly targeted at teen buyers. On the day of the Uvalde massacre, ...


Labor/Employment

SCOTUS Decides Viking River

Jun. 16, 2022
By Glenn A. Danas

Given the history of United States Supreme Court decisions on arbitration generally, and of this one in particular, it seems f...


While this is being touted as a major victory for employers. It is not that. The Court makes clear that the State may deputize...


Legal Education

Advocates of using the term “genocide” seem to depend on the stark horror depicted in their presentations of the events to kee...


U.S. Supreme Court, Ethics/Professional Responsibility

The challenge now is one of stemming the tide and reversing the growing public perception that SCOTUS no longer commands respe...


Government, Criminal

Twenty-four year old Frank Wills and I crossed the street to the restaurant on the Howard Johnson’s ground floor to get cheese...


Judges and Judiciary, Ethics/Professional Responsibility, California Courts of Appeal

It is not a good precedent for the most capable among us, however salutary the goal, to lob repeated verbal grenades at the ju...


Mergers & Acquisitions

de-SPAC mergers facing increased scrutiny

MCLE
Jun. 14, 2022
By Charlotte K. Newell, James Heyworth

Over the last year and a half we have seen an increased volume of complaints filed against SPAC boards in the Delaware Court o...


Technology, International Law

Take two: Australia Is actually not ready for AI inventors

Jun. 14, 2022
By David V. Sanker Ph.D, Jianbai "Jenn" Wang Ph.D

Jurisdictions are substantially consistent that current patent laws allow only natural persons as inventors. However, no juris...


Government, Constitutional Law, Civil Rights

Handguns and assault rifles not equal under the 2nd Amendment

Jun. 14, 2022
By Reza Torkzadeh, Allen P. Wilkinson

It does not make a lot of sense to have a rule that permits a young adult to purchase an assault weapon, which can be used to ...


U.S. Supreme Court, Bankruptcy


Letters

Book author wishes to correct factual error

Jun. 13, 2022
By Alexandra Z. Brodsky


U.S. Supreme Court, Government, Ethics/Professional Responsibility, Civil Rights

Recent Egbert decision allows misconduct to fester

Jun. 13, 2022
By Robert L. Bastian Jr.

Egbert is disheartening because the court returns to its peculiar tradition of selectively shaving and trimming rights and rem...


To the extent the Great Reshuffling continues, there are likely to be more challenges raised to restrictive covenants, and mor...


Construction, Civil Litigation

Construction litigation strategies

Jun. 13, 2022
By Joseph M. Barrett

Against the backdrop of a lingering pandemic and a jammed court system, California’s civil trial lawyers harness their creativ...


Tax, Entertainment & Sports

Johnny Depp and Amber Heard face taxes too

Jun. 10, 2022
By Robert W. Wood

It’s hard to consider Depp’s defamation of Heard (which was actually done by Depp’s lawyer) as business-related. If a payment ...


Entertainment & Sports

Stream It Tonight! Fury (1936)

Jun. 10, 2022
By Paul Bergman, Michael Asimow

This was Fritz Lang’s first American film after fleeing Nazi Germany. He based the story on an odious chapter in California hi...


Ediscovery

The need for mediation in e-discovery – the way forward

Jun. 10, 2022
By Daniel B. Garrie, Gail A. Andler

Through the mediation of e-discovery issues, litigants can help address outsized litigation costs, curtail the time and costs ...


U.S. Supreme Court, Litigation & Arbitration, California Supreme Court

Now, the California rule rests on a shaky frame: The leading California case, St. Agnes, extols the United States Supre...


Constitutional Law

Warring States: a modest proposal

Jun. 9, 2022
By Steven S. Kimball

The anti-abortion states will not be satisfied with an abortion ban defined by the state line. The writing is on the wall. The...


Labor/Employment, California Supreme Court

This decision dramatically increases the value of meal and rest period claims in class actions and representative actions unde...


Law Practice, Appellate Practice

A mid-year push on collections can avoid headaches later

Jun. 9, 2022
By Shari L. Klevens, Alanna G. Clair


Labor/Employment

A full workday would remain eight hours, and employers would have to pay overtime to employees working longer than four full d...


Government, Constitutional Law

Scapegoating detracting from meaningful gun reform

Jun. 9, 2022
By Eugene M. Hyman

The NRA doesn’t care that children have died as a result of their politicking, and they’re not even pretending they do anymore...