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Government, Environmental & Energy, Administrative/Regulatory

Agencies finally begin to address dangers of PFAS

Mar. 28, 2019
By Steven H. Goldberg, Leila Bruderer

This article provides background on polyfluoroalkyl substances, highlights recent regulatory developments and raises, as yet, ...


Labor/Employment, Government, Administrative/Regulatory

Under current regulations, employees primarily engaged in executive, administrative, or professional duties, and who receive ...


Civil Litigation, Intellectual Property

Secondary meaning

Mar. 28, 2019
By Victoria Burke

For the TL/DR audience, the takeaway from a recent trademark case brought by Converse is that when it comes to the importance ...


Government, Criminal

A sex work bill we can agree on

Mar. 28, 2019
By Jerald Mosley

Regardless of one’s legal, philosophical or moral views on sex work itself, it is not difficult to conclude that something has...


Government, Administrative/Regulatory

Deputy Associate Attorney General Stephen Cox recently highlighted and clarified several recent U.S. Department of Justice pol...


Government, Administrative/Regulatory

A hodge-podge: That's the current U.S. data privacy regime.


Government, Constitutional Law

Panel hears arguments over Trump tweets

Mar. 27, 2019
By John H. Minan

On Tuesday, a panel of federal appellate judges considered free speech rights in the context of President Donald Trump’s well-...


Civil Litigation

Despite recent reports, MICRA’s cap on noneconomic damages passes muster under the 7th Amendment right to a civil jury trial.


Law Practice, Ethics/Professional Responsibility

The opportunity for lawyers to mediate conflicting viewpoints and interests toward some broader vision of the public interest ...


Civil Litigation, Constitutional Law

Manufacturers may soon find themselves back in the hot seat after a March 14 decision from the Connecticut Supreme Court.


Judges and Judiciary

African-American women on the California bench: a history

Mar. 26, 2019
By Brenda Harbin-Forte

Brenda F. Harbin-Forte, a judge on the Alameda County Superior Court, has researched and written about African-American women ...


Government, Administrative/Regulatory

Moody's, one of the world's largest credit rating agencies, may be headed in the right direction. It announced last year that ...


Securities, Corporate, Banking

Strategies to become a successful emerging fund manager

Mar. 26, 2019
By Sara L. Terheggen

First-time funds have been growing at a healthy pace year over year with continued upward growth since 2013.


Government, Environmental & Energy, Administrative/Regulatory

Over the past few years, California has passed or strengthened several incentives to promote the more efficient production and...


Government, Criminal

As a defense attorney, I’m against the death penalty. But as a private citizen, I’m for it.


Government, Criminal

Newsom disrespects victims, their families and voters

Mar. 25, 2019
By John M.W. Moorlach

Justice. It means giving people what they deserve. For stone-cold killers convicted in the justice system, passed through the ...


Government, Criminal

Gov. Gavin Newsom made history by declaring a moratorium on executions in California and even tweeting out images of the execu...


Insurance, Government, Criminal, Administrative/Regulatory

Marijuana may present the most combative clash between federal and state law today. California legalized medical marijuana in ...


U.S. Supreme Court, Intellectual Property, 9th U.S. Circuit Court of Appeals

Restoring balance to software copyrights

Mar. 22, 2019
By Peter S. Menell, David O. Nimmer

Our previous article addresses the substantive defects of the U.S. Court of Appeals for the Federal Circuit’s rulings in the O...


Law Practice, Ethics/Professional Responsibility

How not to be a lawyer

MCLE
Mar. 22, 2019
By Mark L. Tuft

A lawyer who finds himself in a situation of having to turn on his client in an attempt to justify his own intentional miscond...


Law Practice, Ethics/Professional Responsibility

Arbitration of malpractice claims is alive and well

Mar. 22, 2019
By Brian Slome, Kenneth C. Feldman

At the minimum, clients should have the choice of going to binding arbitration. If they don’t want to go arbitration in the fu...


Government, Administrative/Regulatory

In what appears to be a massive power grab, the Bureau of Cannabis Control recently approved regulations which override all lo...


Law Practice, Alternative Dispute Resolution

Dealing with a challenging client during mediation

Mar. 22, 2019
By Peter J. Polos

While mediation has certainly gained popularity among civil litigators in California, our clients are not always easily convin...


U.S. Supreme Court, Intellectual Property

Justices need to hear Oracle v Google

Mar. 21, 2019
By Peter S. Menell, David O. Nimmer

A matter of blockbuster significance is the subject of a current petition for certiorari. The case is Oracle v. Google. We sub...


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

Courts’ historical struggles with citizenship renunciation

Mar. 21, 2019
By John S. Caragozian, Donald E. Warner

The federal government’s ignoble mass imprisonment of Japanese-Americans during World War II has a postscript: In 1944 and 194...


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

The 9th Circuit recently upheld a Santa Monica ordinance regulating short-term rentals companies. This decision is a win not j...


Law Practice

Legal education is bouncing, but not back

Mar. 21, 2019
By Frank H. Wu

People ask me all the time now if I believe legal education has "bounced back." I am convinced it has bounced, but I doubt it ...


U.S. Supreme Court, Government, Constitutional Law

An unlawful presidential act

Mar. 20, 2019
By Erwin Chemerinsky

President Donald Trump is acting in an unconstitutional and unlawful manner in spending $8 billion to build a wall without con...


Criminal, Constitutional Law, California Courts of Appeal

The schizophrenic Sixth

Mar. 20, 2019
By Brian M. Hoffstadt

The Bible may say, “No one can serve two masters.” But do these words of wisdom apply to the Sixth Amendment’s right to counsel?


Judges and Judiciary, California Supreme Court

Justice Brown and the old ACLU

Mar. 19, 2019
By Mitchell Keiter

As a former chambers attorney for California Supreme Court Justice Janice Rogers Brown, I was surprised to read about her cons...