Government, Education Law
New laws acknowledge bullying for what it is: a life-and-death matter
By Christa H. Ramey
In a move of critical importance, the California Legislature has acknowledged this reality by passing three new laws at the in...
Government
Changes to the notice requirements for H&S Code receiverships
By Samuel Emerson
California Assembly Bill 957 has amended language in Health and Safety Code Section 17980.7 changing the pre-litigation notice...
As a law professor, my favorite doctrines to teach are those that are most confusing and demanding because they allow for disc...
Securities, Corporate, Administrative/Regulatory
SEC rule aims to expand use of ‘test-the-waters’ communications
By Michael L. Lawhead
The Securities and Exchange Commission recently adopted previously proposed Rule 163B under the Securities Act of 1933, as ame...
Labor/Employment, Corporate
Drafting enforceable employment arbitration agreements
By Arthur F. Silbergeld, Kacey R. Riccomini
Drafting an employment arbitration agreement that complies with California law has never been a simple task: Assembly Bill 51,...
Alternative Dispute Resolution
Understanding: An alternative approach to mediation
By Mark Powell
The prevailing model in California is caucus-based, but there is another model gaining popularity called the “understanding mo...
Family
Study shows paid leave costs women more than men
By Lauren Mayo-Abrams, Patricia Mitchell
When a woman takes paid leave she will lose on average 8% of her wages annually over the next 10 years compared to her counter...
Now that mediation has been broadly accepted and practiced for more than 25 years, there are present trends that may be cause ...
Tax
California tips from Donald Trump’s move from New York to Florida
By Robert W. Wood
Long before he became president, Donald Trump was known as an aggressive taxpayer who pushed the envelope. In that sense, his ...
In the Nov. 14 Daily Journal article, “Critics leery Gascon could import SF ideas to sprawling LA,” Los Angeles County distric...
Labor/Employment, 9th U.S. Circuit Court of Appeals
While Dorman is a victory for employers, it may also be the death of class litigation as they know it
By Michelle L. Roberts
The Dorman decision comes at a time when plan sponsors are unhappy about the spate of ERISA class actions that they believe ar...
Government, Administrative/Regulatory
AT&T data throttling settlement was a consumer 'win'
By Anita Taff-Rice
Earlier this month, AT&T stipulated to a $60 million judgment to settle the case. The money will be distributed as a parti...
Corporate, Banking
The $200 trillion question: What’s happening to LIBOR?
By Simran S. Bindra
The financial world has begun to prepare for life without LIBOR, as it is anticipated that the index will cease to be widely r...
Law Practice, Judges and Judiciary
Crafting better legal services in conservatorship cases
By Thomas F. Coleman
“This call may be monitored for quality assurance purposes.” We have all heard this statement when we are on the phone with pr...
Law Practice, Ethics/Professional Responsibility
Legal ethics: Is law practice ‘just a capitalist enterprise’?
By A. Marco Turk
According to an Oct. 4 Law 360 Legal Ethics release, a New Jersey state superior court judge questioned whether the practice o...
Labor/Employment, Insurance
Leveling the field between insurers and disability claimants
By Robert J. McKennon
Every year, millions of Americans seek and obtain individual or group disability insurance, hoping to buy a safety net in case...
Civil Litigation, Intellectual Property
The fate of patent invalidity challenges post-Arthrex: much ado about nothing?
By Sasha Rao, Erin Gaddes
Following the Federal Circuit decision in Arthrex, Inc. v. Smith & Nephew, Inc., et al., significant attention has been pa...
Intellectual Property
Color me mine: Trademarking a color
By Peter Harvey, Caitlin C. Conway
What kind of showing does the U.S. Patent and Trademark Office require to register color trademarks? And what evidence do cour...
Labor/Employment, Entertainment & Sports
Equal pay case could set precedent for all women athletes
By Garrett R. Broshuis
Megan Rapinoe. Alex Morgan. Carli Lloyd. This summer they captured the eyes of the nation, leading the U.S. soccer team to ano...
What I learned from government service
By Frank H. Wu
I recently concluded service on a federal government commission. I learned an important lesson that might seem obvious but is ...
Earlier this year, San Francisco Superior Court Judge Curtis Karnow graced these pages with his view that law school professor...
Labor/Employment
Protect App-Based Drivers and Service Act set to challenge AB5
By Bryan L. Hawkins
Last month, Uber, Lyft, and DoorDash filed the ballot measure known as the Protect App-Based Drivers and Services Act with the...
Labor/Employment
Worries over AB 5 are overstated because of federal law limits
By Bob Blum
Some businesses predict that they will be badly hurt by the required new expenses. But these claims are overstated because of ...
It sounds like a hustle you might hear on a dark street, the chance to get $10 million and not pay any federal income tax on, ...
Corporate, Civil Litigation
Can corporate officers or directors be held personally liable for defective products?
By Brian Chase, Edward Spilsbury
A year ago, we heard the terrible news of two Boeing 737Max plane crashes, causing hundreds of deaths, because of a new flight...
Labor/Employment
Wrongful termination and defamation by self-publication
By William M. Crosby
Pitty the wrongfully terminated employee who, unable to make ends meet, must find a new job. Inevitably the questions are aske...
Government, Constitutional Law
The Constitution and the impeachment power
By John H. Minan
The Founders created the impeachment power as the method to remove presidents for “treason, bribery, or other high crimes and ...
In 1996, the San Francisco Chapter of the YWCA decided to sell the building located at 1830 Sutter Street, in San Francisco’s ...
Tax, Criminal
Legal fee tax deductions could be tough in Varsity Blues cases
By Robert W. Wood
The college admissions scandal keeps bumping along. There was a spate of early guilty pleas, but some defendants appear to wan...
Real Estate/Development, Government
New legislation takes aim at California’s housing emergency
By Joseph von Meier
It’s no secret that California has a serious housing crisis — in fact, the state has declared a statewide housing emergency to...