Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals
California, 9th Circuit again on collision course with the Supreme Court
By Dariush Adli
A split decision by a panel of the 9th U.S. Circuit Court of Appeal, upholding the validity of Assembly Bill 51 — the state la...
Technology, Law Practice
Practice of law becoming nimbly liquescent via high-tech and AI
By Lance Eliot
A recent trend is calling upon the legal arena to shift or transform from the outdated solidified ways of doing things to inst...
In the midst of the COVID-19 pandemic, a record number of false advertising food and beverage class actions cases were filed i...
During the period sometimes referred to as the Great Recession of 2007-09, the United States government became convinced that ...
Labor/Employment, Civil Litigation, California Courts of Appeal
Ruling confirms courts can strike unmanageable PAGA claims
By Paul S. Cowie, Luis Arias
On Sept. 9, the California Court of Appeal issued a significant decision of first impression that provides employers with a ra...
Health Care & Hospital Law, Civil Rights, Civil Litigation
Filing vaccine injury claims under the National Vaccine Injury Act
By Benjamin K. Riley
Imagine being a parent in the 1940s and 1950s. It’s a hot summer day, and your daughter wants to go to the neighborhood pool. ...
The COVID-19 pandemic impacted just about every industry and that impact initially resulted in an environment where risk asses...
An oft-repeated myth is that the Dodgers forsook their loyal Brooklyn fans and swooped into Los Angeles, literally bulldozing ...
Intellectual Property, Civil Litigation
Inter partes review a decade into the AIA
By Daniel N. Yannuzzi, Eric K. Gill
The Leahy–Smith America Invents Act was passed by Congress and signed into law by President Barack Obama on Sept. 16, 2011. Wi...
Judges and Judiciary
Hernan Vera should receive swift, bi-partisan confirmation to the federal court
By Jeremy B. Rosen
Given the increasing and distressing polarization between left and right in this country, I have decided to do my very small p...
Technology, Civil Litigation
Companies vulnerable to data breaches are now vulnerable to litigation
By Peter S. Selvin
Recent court cases are testing the liability of companies and their directors for data breaches suffered by their vendors or s...
Securities, Administrative/Regulatory
Are cryptocurrencies the kryptonite of the SEC?
By Benny Osorio
Technology, Law Practice
Our justice system is finally warming up to tech
By Paul R. Kiesel, Stephanie M. Taft
The day has finally arrived where remote technology may find a permanent place in our judicial system. Last week, as part of a...
Torts/Personal Injury, Law Practice
If a tree falls in the woods, is there sovereign immunity?
By Crawford Appleby
Gary is riding his bike along a road next to the woods when a tree branch suddenly falls and injures him. It turns out that th...
Here’s why.
Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals
ABC Test is alive and well in the 9th Circuit
By Ronald L. Zambrano
This week, a three-judge panel of the 9th Circuit ruled in favor of a Grubhub driver who had originally sued the company in 20...
Health Care & Hospital Law, Family, Constitutional Law
Vaccines and parental choice
By Scott J. Nord
The national debate over vaccines for adults and minors is not a novel debate for the law. Court decisions on regulations rega...
Labor/Employment, 9th U.S. Circuit Court of Appeals
Mandatory arbitration, unlikely to go away, should be made fairer
By Gerald L. Sauer
The 9th Circuit ruled last week that Assembly Bill 51, California’s prohibition against mandatory arbitration clauses in emplo...
Family
Another cautionary tale for attorneys contemplating premarital agreements
By Jeffrey P. Blum
A recent appellate opinion should give family law attorneys pause when considering whether to prepare premarital agreements. I...
Assembly Bill 701, passed by the Legislature and signed by Gov. Gavin Newsom on Wednesday, affects warehousing distribution an...
Civil Litigation, Bankruptcy
Purdue portends a change of bankruptcy venue laws
By Brian Davidoff
After agreeing to settle some 2,600 separate lawsuits over the company’s involvement in fostering the nation’s opioid crisis, ...
Construction, Civil Litigation, California Supreme Court
Ruling says no to new broad exception to Privette doctrine
By Aaron L. Osten
The California Supreme Court recently rejected what it characterized as a “broad third exception” to the long-standing Privett...
Banking, Administrative/Regulatory
CFPB issues proposed rule on data collection for small business lenders
By Nancy R. Thomas, Jeremy R. Mandell
On Sept. 1, the Consumer Financial Protection Bureau issued its long-awaited small business lending data collection proposed r...
State Bar & Bar Associations, Legal Education
Congress must act to relieve student debt burden
By Reginald Turner
The burden of overwhelming debt is hurting many new graduates — including lawyers — and that affects the American economy. You...
Labor/Employment, Insurance, Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit ruling expands relief under ERISA for breach of fiduciary duties.
By Robert J. McKennon
The case reinforces existing law that imposes upon ERISA plan fiduciaries, such a plan sponsors and plan administrators, poten...
Contracts
Tips for effective indemnification provisions in commercial contracts
By Asim Bhansali, Scott Taylor
Discover some effective terms for seeking and obtaining indemnification that protect both parties and reduce the likelihood of...
Technology, Law Practice, 9th U.S. Circuit Court of Appeals
Legal word-splitting and artificial intelligence
By Lance Eliot
A recent court case focused on the meaning of the word “typically” and the word “normally” as a crucial underpinning of a lega...
Technology, Law Practice
In-person trial gone remote: the jury responds
By Paul R. Kiesel
With the court’s permission, I am sharing some of the direct feedback we received so you can read what the jury’s attitude is,...
Labor/Employment
Forswear boilerplate in employment arbitration agreements
By Kevonna Ahmad
Arbitration agreements with employees are created to ensure that employment disputes are resolved outside of court. So it’s ir...
Labor/Employment, Civil Litigation, California Courts of Appeal
Rethinking the joint-employer standard
By Stephen L. Raucher
What does it take to be considered a joint employer? Does it require direct control? Is the ability to dictate wages, even if ...