Construction, Alternative Dispute Resolution
Recent trends in construction mediation
By Robert S. Mann
For those of you who weren't able to attend this month's festivities at the West Coast Casualty construction conference at the...
Entertainment & Sports, Administrative/Regulatory
Is the current enforcement of the TAA defensible?
By Rick Siegel
Without the written prohibitions and notice of penalty when non-licensees engage in a restricted activity, Justice Kathryn Wer...
Law Practice, Law Office Management, Ethics/Professional Responsibility
What’s your law firm’s relationship with the rules?
By Daniel O'Rielly, Dena Roche
Some law firms operate on a just-in-time approach to the rules, looking them up and referencing them only if and when an issue...
“Jails and the prosecutorial system and cash bail are plea-generating machines” is one of the most pointed, unassailable quote...
Civil Litigation, Labor/Employment, California Supreme Court
Guards at the (Golden) gate: A Giants dilemma
By Ronald W. Novotny
The California Supreme Court recently held that a security guard’s state law claim for “waiting time” penalties based on unpai...
A tearful Felicity Huffman pled guilty in the college admission scandal on Monday and now awaits sentencing. How should we thi...
Entertainment & Sports, Administrative/Regulatory
Is the current enforcement of the TAA defensible?
By Rick Siegel
On its face, the Writers Guild of America’s war with the Association of Talent Agents wanting to eliminate packaging and agenc...
Corporate, Contracts
Two key topics to address when negotiating a long-term hotel management contract
By Chauncey M. Swalwell, Mitchell B. Laufer
As the asset-light business model for hotel companies has become de rigueur, long-term management contracts have taken on incr...
Administrative/Regulatory
For hemp, skipping proposed rule stage could create problems
By Brian Ronholm, David M. Hoffmeister
With the intense pressure that the U.S. Department of Agriculture is under to draft the hemp rule in time for the 2020 plantin...
Securities, Civil Litigation, Corporate
Delaware court's forum selection clause ruling has ripple effect in California
By Jared L. Kopel
In a significant decision with major implications for California, the Delaware Chancery Court said that certificates of incorp...
Government, Constitutional Law
Not just anyone can be elected county sheriff
By Ryan M. Harrison Sr.
Our founding documents — state and federal — placed some restrictions on the highest offices in the land but what about the le...
Law Practice, Government, Books
Making and breaking the American legal system
By Bruce Cannon Gibney
In his new book, “The Nonsense Factory: The Making and Breaking of the American Legal System” (Hachette Books, May 2019), lawy...
Civil Litigation, Government, Criminal
Economic espionage cases continue to rise
By Paul S. Chan
There is a unique relationship between the U.S. and China on civil trade secret litigation
Tax, Government
Revised anti-terrorism screening procedures and director standing
By Erin Bradrick
This month’s Nonprofit News column addresses the issuance of updated IRS procedures for screening requests for exemption deter...
U.S. Supreme Court, Government, Constitutional Law, Administrative/Regulatory
CFPB survives, but for how long?
By Anne Voigts, Matthew V. Noller
Civil Litigation, Bankruptcy, Administrative/Regulatory
Ruling provides cannabis companies hope for the future
By Phillip Silverman
As more states begin to legalize medical and adult-use cannabis, there will be more non-cannabis companies seeking to join the...
Speaker of the House of Representatives Nancy Pelosi recently used that phrase and it is constantly uttered by commentators. Y...
Immigration
Immigration judges must advise children of relief options
By Nareeneh Sohbatian
While this ruling is a significant decision that will impact many children who appear in immigration removal proceedings in th...
Administrative/Regulatory
CCPA’s cure provision can provide companies relief from class treatment
By Allen L. Lanstra, Kevin J. Minnick
Unlike similar statutes, however, the California Consumer Privacy Act’s cure provision prevents the consumer from bringing a c...
Civil Litigation, Intellectual Property
Another win for Sandoz; another nail in the coffin of the doctrine of equivalents
By Limin Zheng
On May 8, in Amgen v. Sandoz, the U.S. Court of Appeals for the Federal Circuit handed the biosimilar giant another win in two...
Government, Constitutional Law
Judicial outcome for the current dispute isn’t sure for either side
By Kris Whitten
If Congress and the president want a resolution that restores balance and allows the country to move in a positive direction,...
Tax, Real Estate/Development
Latest opportunity zone treasury regulations offer more clarity to investors
By Michael D. Haun, Kami L. LaBerge
On April 17, the Internal Revenue Service issued its second tranche of proposed regulations to address many questions left una...
Immigration, Government, 9th U.S. Circuit Court of Appeals
Child litigants need to have counsel
By Kevin Lapp
In a recent ruling, the 9th Circuit again avoided answering the urgent issue of whether child respondents in removal proceedin...
Civil Litigation, Labor/Employment, Health Care & Hospital Law, California Courts of Appeal
Ruling ends physician termination sans peer review process
By Andrew H. Selesnick, Karen N. George
A recent Court of Appeal ruling put an end to the practice of terminating a physician without utilizing the peer review proces...
Intellectual Property
Patent filings for high-tech medical devices are on the rise
By Rich Christiansen
While the growth in patent filings is almost ubiquitous in technology areas in the medical device segment, the biggest growth ...
Government, Criminal
DA Jackie Lacey has been a champion of mental health reform
By Paul A. Thompson
Criticism is inevitable for someone who has served two terms as district attorney. In general, criticism of elected officials ...
U.S. Supreme Court, Criminal, Constitutional Law
A flimsy reason to deny the right to free exercise of religion
By Arash Hashemi
“Security” is a flimsy reason to deny a U.S. citizen the cherished American right to free exercise of religion. Yet that is ex...
Environmental & Energy, Administrative/Regulatory
Proposal would allow passing Prop 65 obligations down chain of distribution
By Peter W. McGaw
Under current regulations, a manufacturer can place the required warning on the product or its packaging, or it can pass the o...
Law Practice
Is artificial intelligence the answer for legal tech? It depends.
By Kent B. Goss, Meg C. Gomes
Your clients are asking about it, your competition is studying up, and so making sure you stay prepared means tuning in to exa...
Labor/Employment
California Legislature takes steps to prevent hairstyle discrimination
By Bryan L. Hawkins
Senate Bill 188 would significantly broaden employees’ protections against improper race discrimination and make California th...