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Intellectual Property, Corporate, Civil Litigation, Administrative/Regulatory

The 9th is set to hear oral arguments in FTC v. Qualcomm on Thursday. This appeal of District Judge Lucy Koh’s groundbreaking ...


With over half of our returns being prepared by someone else, it is no wonder that many taxpayers may feel tempted to not even...


Intellectual Property, Corporate, Administrative/Regulatory

FTC v Qualcomm: Where do you SEPpose we go from here…?

Feb. 12, 2020
By Brian Scarpelli, Alexandra McLeod

We need to unleash the unparalleled innovation capacity of America into our new markets without the constraints of Qualcomm’s ...


The FAIR Act and mandatory arbitration

Feb. 12, 2020
By Twila S. White

The federal Forced Arbitration Injustice Repeal Act would prohibit pre-disbute arbitration agreements that force arbitration o...


Securities, Government, Criminal, Corporate

2nd Circuit abandons insider trading ‘personal benefit’ test

Feb. 12, 2020
By Matthew E. Sloan, Emily Ludmir Aviad

A recent ruling sets a lower burden for bringing insider trading cases under Title 18 and will likely encourage prosecutors to...


Criminal, Constitutional Law

Face-to-face confrontation: Who should connect the dots?

Feb. 12, 2020
By Brian M. Hoffstadt

The Sixth Amendment right to confront entails, among other things, the right to have a witness “physical[ly] presen[t]” in cou...


Antitrust & Trade Reg.

A deep dive into the antitrust claims against Facebook

MCLE
Feb. 12, 2020
By Daniel Bitton, Angelina Whitfield

Four app development companies recent filed a class action suit against Facebook in the Northern District of California, alleg...


Law Practice

Responding to coronavirus is not ‘racist’

Feb. 11, 2020
By Frank H. Wu

“Do you believe how America is reacting to the coronavirus is racist?” More than one friend has asked me, a Chinese-American, ...


Criminal, 9th U.S. Circuit Court of Appeals

The law is clear, and this manner of resolving the case is clearly wrong.


Mergers & Acquisitions, International Law, Intellectual Property, Corporate

What California businesses should know after Brexit

Feb. 11, 2020
By Matthew Levitt, Neil Coulson

The regulation — through legislation or antitrust enforcement and merger control — of platforms and of data-rich tech companie...


Government, Constitutional Law

Trump, post-impeachment

Feb. 11, 2020
By Kris Whitten

The Senate has spoken, and President Donald Trump was acquitted on Feb. 5, by a majority vote — far short of the two-thirds ma...


Labor/Employment, Civil Litigation

You have probably seen it on a restaurant bill: a notice that a percentage is added to your bill as a “service charge.” But al...


Civil Litigation

As last year drew to a close, the 9th Circuit affirmed a district court’s dismissal of a false advertising case challenging th...


Intellectual Property, Entertainment & Sports

In watching a musical, you encounter numerous different elements coming together to form one unified story. Those elements may...


Government, Criminal

The California Attorney General’s office estimates that human trafficking is an approximately $150 billion-dollar-a-year globa...


Administrative/Regulatory

With Gov. Gavin Newsom’s view that “California’s economy and its people thrive when predatory business practices are policed,”...


Civil Litigation, California Courts of Appeal

The unlikely setting of a depublication request in a recent case reveals the extent to which California lemon law litigation h...


Land Use

Senate Bill 50 was the quickest way to encourage growth

Feb. 10, 2020
By Alicia Guerra, Braeden J. Mansouri

The bill failed to garner enough necessary votes in the State Senate to send the bill to the Assembly. Authored by Sen. Scott ...


Probate

‘Tell me what you want, what you really, really want’: Placencia v. Strazicich

Feb. 10, 2020
By Denise E. Chambliss, Ariel G. Siner

In a case of first impression, the California 4th District Court of Appeal recently held that a decedent’s will can be evidenc...


Law Practice, Civil Litigation

In a recent case, the trial judge in a civil rights case imposed a 90% haircut on fees, and a majority of a Court of Appeals p...


Law Practice, Ethics/Professional Responsibility

Key considerations for attorneys with multistate practices

Feb. 7, 2020
By Shari L. Klevens, Alanna G. Clair

Recent decades have seen the rise of multijurisdictional practices as lawyers have taken advantage of new technologies to seam...


Judges and Judiciary, Administrative/Regulatory

Social Security due process hearings are under attack

Feb. 7, 2020
By Ann Breen-Greco, Thomas W. Snook

Proposed changes to Social Security Administration disability hearings would undermine fundamental due process.


Environmental & Energy, Bankruptcy

At a hearing conducted on Feb. 4, the bankruptcy court in the PG&E Chapter 11 case approved a settlement between PG&E ...


Family

The law and practice of litigating Marvin claims in a less-married millennium

MCLE
Feb. 7, 2020
By Patrick Freeman, Roxanne Makoff

The future is unmarried but entangled — fewer couples get married and more unmarried couples acquire property, pursue business...


Government, Administrative/Regulatory

Although California became the first state to enact a comprehensive privacy statute, it is unlikely to be the last. As more st...


International Law, Alternative Dispute Resolution

USMCA significantly overhauls NAFTA investor-state arbitration

Feb. 6, 2020
By Thomas G. Allen, Franchiny Ovalle

Often referred to as the “New NAFTA,” the United States Mexico Canada Agreement brings significant changes to the investor-st...


Probate

Much ado about standing

Feb. 6, 2020
By Kevin Rodriguez, Mathew John

The California Supreme Court just reopened the probate court to disinherited trust beneficiaries.


Government, Criminal

Boudin election as DA is consistent with larger trend

Feb. 6, 2020
By Allison B. Margolin, Xochilt Gama

There is a pattern taking place throughout the entire country. More progressive individuals are running and being elected to ...


Labor/Employment, Alternative Dispute Resolution

Mandatory arbitration agreements are used by employers to require employees, as a term and condition of employment, to agree t...


Government, Administrative/Regulatory

What do the American Bible Society, Consumer Reports, Girl Scouts of the USA, and Sierra Club have in common? All of them use ...