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

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

A recent trend is calling upon the legal arena to shift or transform from the outdated solidified ways of doing things to inst...


Civil Litigation

In the midst of the COVID-19 pandemic, a record number of false advertising food and beverage class actions cases were filed i...


Constitutional Law

‘Too Big to Fail’ — The Sequel

Sep. 29, 2021
By Michael M. Berger

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

Sep. 29, 2021
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

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. ...


Securities

Emerging managers in venture capital

Sep. 28, 2021
By Sara L. Terheggen

The COVID-19 pandemic impacted just about every industry and that impact initially resulted in an environment where risk asses...


Law Practice

Chavez Ravine and the Dodgers: myths and realities

Sep. 28, 2021
By John S. Caragozian

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

Sep. 28, 2021
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

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

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?

Sep. 27, 2021
By Benny Osorio


Technology, Law Practice

Our justice system is finally warming up to tech

Sep. 27, 2021
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?

MCLE
Sep. 27, 2021
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...


Tax

California tax disputes are worse than IRS

Sep. 27, 2021
By Robert W. Wood

Here’s why.


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

ABC Test is alive and well in the 9th Circuit

Sep. 24, 2021
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

MCLE
Sep. 24, 2021
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

The 9th Circuit ruled last week that Assembly Bill 51, California’s prohibition against mandatory arbitration clauses in emplo...


A recent appellate opinion should give family law attorneys pause when considering whether to prepare premarital agreements. I...


Labor/Employment

Employers’ risks raising warehouser quotas

Sep. 24, 2021
By Arthur F. Silbergeld

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

Sep. 23, 2021
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

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

Sep. 23, 2021
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

Sep. 23, 2021
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

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

Sep. 22, 2021
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

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

Sep. 22, 2021
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

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

Sep. 22, 2021
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 ...