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Judges and Judiciary, 9th U.S. Circuit Court of Appeals

The 9th Circuit has entered a new era of judicial positioning and politicization illustrated by its recent decisions and opini...


Law Practice

Voir dire: connect and project

Feb. 28, 2020
By Michael D. Schwartz

While many a trial attorney may be of the opinion that jurors make up their minds during opening statements, I disagree.


Entertainment & Sports, Civil Litigation, California Courts of Appeal

‘Baseball rule’ is in its 9th inning

Feb. 28, 2020
By Michael E. Rubinstein

Practitioners who are familiar with the onerous rule that has barred injured plaintiffs from recovering for their foul ball in...


State Bar & Bar Associations

There is an enormous gap between the need for civil legal services and most people’s ability to access legal help. More than h...


Law Practice, Ethics/Professional Responsibility

Attorneys generally may not directly solicit potential clients to provide legal help. This prohibition is meant to alleviate t...


Government, Criminal

Having spent the last 45 years participating in the Los Angeles criminal justice system from all angles (prosecutor, defense a...


U.S. Supreme Court, Law Practice, Civil Litigation

Gone but not forgotten

Feb. 27, 2020
By Steven B. Katz

State courts shouldn’t ask counsel to appear to report on removed cases


Environmental & Energy, Administrative/Regulatory

New PFAS rules may increase treatment costs, spur litigation

Feb. 27, 2020
By Steven H. Goldberg, Leila Bruderer

The new lower PFAS levels will result in many more public water systems with wells exceeding the new response levels, and more...


Family

Kanye may know a thing or two about child support

Feb. 27, 2020
By Jacqueline Combs

You hear it all the time: “She’s a gold digger.” “He’s a scrub.” “They’re just living off the child support to fund his/her li...


Labor/Employment, Civil Litigation, California Supreme Court

When employee protection becomes calamity

Feb. 27, 2020
By Laura Reathaford, Sam Garcia

The California Supreme Court’s ruling in Kim v. Reins won’t “stop” anything.


All plaintiffs collecting money care about taxes, and the tax treatment of litigation damages is varied and complex. But the r...


Labor/Employment, Civil Litigation, California Supreme Court

Do state wage laws apply to workers here for just a day?

Feb. 27, 2020
By David E. Mastagni, Isaac Sean Stevens

The California Supreme Court is expected to decide whether state laws governing wage statements and minimum wage apply to empl...


Mergers & Acquisitions, Antitrust & Trade Reg., Administrative/Regulatory

In T-Mobile and Sprint merger, court sidesteps the economics

Feb. 26, 2020
By Jonathan Rubin, Tim LaComb

This is the rare antitrust case that can be reduced to a credibility contest between testifying witnesses or decided correctly...


Civil Litigation

California law has long dictated that intentional tortfeasors cannot shift their liability to a merely negligent actor. A pend...


Government

A recent appellate ruling held that under the Ralph M. Brown Act a should include a contemporaneous record reflecting a threat...


There are exceptions to the principle that inaccurate information in an application automatically gives the insurer an absolut...


Labor/Employment

When employees are involved in romantic relationships with each other, it can bring a whole host of potential problems that ne...


Constitutional Law

Dropping Hurricane Harvey’s other shoe

Feb. 26, 2020
By Michael M. Berger

Rule number one for property owners and their counsel in physical takings cases is that the one thing you do not want to hear ...


Labor/Employment

PRO Act would make ‘ABC test’ the law of the land

Feb. 25, 2020
By Ronald L. Zambrano

The Protecting the Right to Organize Act, recently passed by the house, would be a major overhaul of the National Labor Relati...


Insurance, Corporate, Administrative/Regulatory

While many insurers doing business in California will fall within the scope of the law, it is also true that in many cases muc...


Corporate, Administrative/Regulatory

Revised draft CCPA regulations provide more clarity, but questions remain

Feb. 25, 2020
By Lindsey Tonsager, Danielle Kehl

Earlier this month, the California Attorney General moved one step closer to implementing the California Consumer Privacy Act ...


U.S. Supreme Court, International Law, Criminal, Civil Litigation

Opati v. Republic of Sudan focuses on whether Congress intended for a statute authorizing punitive damages against state spons...


U.S. Supreme Court, Immigration, Constitutional Law

Supreme Court to consider broad immigration-speech law

Feb. 25, 2020
By Molly Alarcon, Erin Kuka

The federal government will defend the constitutionality of a law that prohibits “encouraging” or “inducing” undocumented nonc...


State Bar & Bar Associations, Ethics/Professional Responsibility

The State Bar Court’s most powerful tool

Feb. 24, 2020
By Jennifer Teaford

Any allegation of professional misconduct by the State Bar prosecutor’s office is cause for serious concern for an attorney. B...


Government, Administrative/Regulatory

False Claims Act enforcement under the Trump administration

Feb. 24, 2020
By Jim Zelenay Jr., Sean S. Twomey

The FCA has long served as the federal government's primary mechanism for rooting out fraud and corruption by companies doing ...


Civil Litigation, Banking

In recent years, state regulators and private plaintiffs have attempted to circumvent and undermine a regime of legal certaint...


Labor/Employment, Government

Newsom’s trailer bills and possible consequences for employers

Feb. 24, 2020
By Susan E. Groff, Cecilie E. Read

In addition to the budget itself, employers should be aware of other pro-employee provisions the governor seeks to effectuate ...


Health Care & Hospital Law, Administrative/Regulatory

FDA, FTC issue joint statement on efforts to support market for biologics

Feb. 24, 2020
By Georgia C. Ravitz, James R. Ravitz

To help ensure increased biosimilar licensing and consumer and healthcare provider awareness of the benefits of biosimilars, t...


Appellate Practice

Lawyering is hardly as dramatic, but the movie ‘Man on Wire’ offers an analogy to the tightrope a lawyer must walk when presen...


Government, Constitutional Law

Is California’s travel ban constitutional?

Feb. 21, 2020
By Josh McDaniel, Phillip Shaverdian

A travel ban case is back at the U.S. Supreme Court, but this case has nothing to do with immigration. This case is a dispute ...