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Labor/Employment, California Supreme Court

Back in 1972, in the case Friends of Mammoth Lakes v. Mono County, the Supreme Court entered the fray over the scope of the Ca...


U.S. Supreme Court, Government, Constitutional Law

The president is locked in two important legal battles on petition to the U.S. Supreme Court. Both cases involve the validity ...


U.S. Supreme Court, Civil Litigation, Constitutional Law, 9th U.S. Circuit Court of Appeals

Knick interruptus?

Dec. 10, 2019
By Michael M. Berger

Some years ago, singer/songwriter Jim Croce began a refrain thus: “You don’t tug on Superman’s cape, you don’t spit into the w...


Intellectual Property, Entertainment & Sports, Civil Rights, 9th U.S. Circuit Court of Appeals

Is discovery needed to decide substantial similarity?

Dec. 10, 2019
By Kenneth M. Trujillo-Jamison

On Monday, the 9th Circuit heard oral arguments on the issue.


Law Practice

I'll be homeless for Christmas

Dec. 9, 2019
By Eileen C. Moore

A veteran’s access to a lawyer can mean the difference between living under a roof or under a bridge


Family, California Courts of Appeal

Conflicting cases on siblings and bypass

Dec. 9, 2019
By Frank J. Menetrez

A recent case has deepened a split of authority in dependency law. The split concerns one of the most frequently litigated gro...


Labor/Employment

Navigating the impacts of AB 5 for public agency employers

Dec. 9, 2019
By T. Oliver Yee, Kaylee Feick

Assembly Bill 5 creates unique challenges and issues for California public agencies. For example, in order for a public agency...


Law Practice, Law Office Management

Set your law firm resolutions for 2020

Dec. 9, 2019
By Daniel O'Rielly, Dena Roche

It’s December, and what possibly could be more important to your law firm than setting new resolutions for 2020? Yes, you’re t...


Law Practice, Civil Litigation, Appellate Practice

How to count to 30

Dec. 9, 2019
By Gerald G. Knapton

When an appellate justice writes a concurrence just to point out a trap for unwary practitioners, it merits some consideration...


Law Practice, Ethics/Professional Responsibility

Cannabis and legal ethics: More guidance emerges

Dec. 6, 2019
By Allison B. Margolin, James Raza Lawrence

Multiple sources have helped establish the principle that lawyers may ethically represent clients operating in the cannabis in...


Law Practice, Ethics/Professional Responsibility

Potential liability for case valuations

Dec. 6, 2019
By Shari L. Klevens, Alanna G. Clair

Attorneys are often asked by their clients, “What do you think is going to happen?” or “What is this case worth?” Through expe...


Entertainment & Sports

The movie is provocative because they are believable. You cannot leave the theatre without wanting to discuss what has transpi...


Intellectual Property, Entertainment & Sports, Civil Rights

Takedown notices and developments in fair use

MCLE
Dec. 6, 2019
By Neville L. Johnson, Douglas L. Johnson

Individuals, creators and businesses have a right and a duty to protect themselves and their assets from infringing online act...


Law Practice, Ethics/Professional Responsibility

The California Legislature has seen fit to add a new tolling exception to the statute which becomes effective on Jan. 1, 2020.


Labor/Employment

Revisiting ‘kangaroo court’ workplace due process

Dec. 5, 2019
By William M. Crosby

Until courts and legislators recognize that anything short of a jury trial cannot constitute meaningful due process, incentive...


Tax, Labor/Employment, Government

As we near the end of 2019, we continue to see states stepping up to take action with respect to regulating the nonprofit sect...


U.S. Supreme Court, Government, Constitutional Law

Rucho not the last word on partisan gerrymanders

Dec. 5, 2019
By James J. Matson

Last month’s election in Virginia marked another important victory against excessively partisan gerrymanders in America.


Civil Litigation, Construction

It’s the holiday season. A time when family and friends, and even neighbors, gather together.


Environmental & Energy

Far from decreasing, carbon emissions are increasing, even in highly developed economies that fancy themselves leaders in the ...


Judges and Judiciary, California Supreme Court, Appellate Practice

Justice Mariano-Florentino Cuéllar by the numbers

Dec. 4, 2019
By Kirk C. Jenkins

Today we turn our attention to our fifth subject in our series of data-driven profiles of the justices of the California Supre...


Insurance, Health Care & Hospital Law

If you have a PPO plan, you can see out-of-network providers, but it’s going to cost you more. Non-contracted providers have n...


Entertainment & Sports, Antitrust & Trade Reg.

Recently, Assistant Attorney General Makan Delrahim announced a new policy for the Justice Department’s Antitrust Division: a ...


Intellectual Property, Entertainment & Sports

Two high-profile cases have highlighted certain aspects of music copyright infringement litigation which have become quite con...


U.S. Supreme Court, Intellectual Property

PTO has booked a trip to the Supreme Court

Dec. 4, 2019
By Sarah S. Brooks, Adam W. Kwon

The U.S. Supreme Court granted certiorari on a petition filed by the U.S. Patent and Trademark Office to review whether BOOKIN...


Labor/Employment

A rosy write-up doesn’t change the fact that drivers, under the alternative law, wouldn’t be paid for waiting time — as they w...


Government, Admiralty/Maritime

AI and the CCPA: Are they friends or foes?

Dec. 4, 2019
By Nick Transier

Though artificial intelligence is hardly new, it has gone mainstream recently as businesses increasingly exploit their massive...


Labor/Employment, Health Care & Hospital Law

For 15 years, Yaqub -- which defined a nebulous and incorrect standard -- had stood as the sole published decision to squarely...


Health Care & Hospital Law, Alternative Dispute Resolution

A key objective of some class actions is not only to obtain monetary relief for class members, but to secure changes to the wa...


How exact should I be?

Dec. 3, 2019
By Frank H. Wu

On the one hand, I always want to teach students what is right, according to the black letter doctrine, while showing them amb...


Insurance, California Supreme Court

The California Supreme Court held that life insurance policy loans are not subject to a provision contained in a 1918 initiati...