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Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals

High court unlikely to stray far from Brinker

Aug. 14, 2019
By Gary M. McLaughlin, Jonathan P. Slowik

The 9th Circuit recently certified two questions regarding meal and rest breaks to the California Supreme Court that have perp...


Constitutional Law

In our country’s fraught search to do something to stop mass violence, and hold someone or something accountable for conduct t...


Entertainment & Sports

What happened to Woodstock 50?

Aug. 14, 2019
By Richard J. Idell

August 16, 2019, was to be the kick-off of a 3-day rock festival bearing the name: Woodstock 50. Would it have the same meanin...


Intellectual Property, Entertainment & Sports

Seeing a quick way to make a bunch of bucks, the paparazzi are suing celebrities to squeeze every penny out of these impromptu...


Judges and Judiciary, California Supreme Court, Appellate Practice

Chief Justice Tani G. Cantil-Sakauye by the numbers

Aug. 13, 2019
By Kirk C. Jenkins

Today, we’re continuing our series of data-driven profiles of the justices of the California Supreme Court. Our third subject,...


Constitutional Law

After the two most recent mass shootings in El Paso and Dayton, President Donald Trump suggested that he might support federal...


Government, Environmental & Energy

Then in 2018, the Trump administration froze the corporate average fuel economy standards, neither reducing neither fuel consu...


Labor/Employment

‘Minority Report,’ but for your performance review

Aug. 12, 2019
By J. Drei Munar, Katherine P. Sandberg

How artificial intelligence and deep learning will impact employment litigation


Law Practice, Education Law

Teaching the magic of law

Aug. 12, 2019
By Frank H. Wu

Law can appear like magic to those who are not lawyers, and no doubt there are those jokers who would liken the disciplines as...


Labor/Employment

An effective severance agreement can help you reduce legal risk. As with any type of employment agreement, the devil is often ...


Civil Litigation

Contrary to popular belief among lawyers, application of the litigation privilege is not limited to civil lawsuits.


Corporate

10 considerations for your social enterprise’s legal form

MCLE
Aug. 12, 2019
By Susan H. Mac Cormac, Jesse Finfrock

Instead of merely following the latest trend for choosing a legal form, founders should weigh the following considerations.


Law Practice, Ethics/Professional Responsibility

Pay attention to the rules when defending depositions

Aug. 9, 2019
By Shari L. Klevens, Alanna G. Clair

Even with knowledge of the rules, attorneys can sometimes let their emotions get the best of them in the heat of a deposition....


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

On Thursday, the 9th Circuit affirmed the district court’s order certifying a class of Facebook users who allege that Facebook...


Real Estate/Development

Subrogation means the stepping of one person into the legal place of another. In a lease where there is a “waiver of subrogati...


There is a long list of publications that you actually can rely on, including the tax code and the regulations. There are many...


Government, Constitutional Law

When the governor not only executes the laws, but also orders the adoption of laws to overturn judicial decisions, the governo...


Government, Administrative/Regulatory

People new to the cannabis industry often think that marijuana is simply “legal in California.” That’s only partially true; ma...


Constitutional Law

Guns and red flags

Aug. 8, 2019
By Lawrence Rosenthal

In the wake of the mass shootings in El Paso and Dayton, so-called “Red Flag” laws, now in force in 17 states, are becoming a ...


Civil Litigation, Law Practice

One-year SOL on malicious prosecution suits is virtually settled

Aug. 8, 2019
By Roy G. Weatherup, Kenneth C. Feldman

When lawyers and their former clients are sued for malicious prosecution, it is necessary to determine applicable statutes of ...


Government, Constitutional Law

Trump's tweets: A warning to public officials

Aug. 8, 2019
By Amber R. Maltbie, William A. Powers

You may have heard of the recent decision out of the 2nd Circuit that addressed the First Amendment implications of the presid...


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

Katy Perry verdict: The carnage continues

Aug. 7, 2019
By Edwin F. McPherson

The 9th Circuit said that the “Blurred Lines case” was just one case. They said that it would not affect other cases. Many sai...


State Bar & Bar Associations

We must set a reasonable standard for passing the bar

Aug. 7, 2019
By Jeffrey L. Bleich

Today, over 1,000 Californian bar applicants each year achieve a score that would qualify them to practice law in New York, Te...


Law Practice, Judges and Judiciary

Don’t you think it’s time?

Aug. 7, 2019
By Michael J. Raphael

Are we in the midst of a similar trend in formal legal writing, relaxing the use of contractions? Are the few judicial contrac...


Health Care & Hospital Law, Government

Governor Newsom recently approved a bill that modifies several California laws health care, including financial eligibility re...


Civil Litigation

Lopsided arbitration agreements and elder abuse

MCLE
Aug. 7, 2019
By Gregory M. McCarty

Elderly Californians and their families turn to 24-hour care facilities during their greatest time of need. Twenty-four hour c...


Insurance

The case most often cited by insurers for their position that “arising out of” exclusions should be read broadly does not supp...


Appellate Practice

Stray Dancing

Aug. 6, 2019
By Benjamin G. Shatz

When it comes to appeals, it's best to dance with the one that brung ya.


Law Practice, Education Law

Why students study Shakespeare in law school

Aug. 6, 2019
By Frank H. Wu

When higher education is reduced to return on investment, that decision requires an explanation. The assignment is to watch a ...


Construction, California Courts of Appeal

As aptly stated by the California Supreme Court, “[i]t is doubtful the average homeowner realizes tree trimming can require a ...