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Employees who "participate" in protected activity or "oppose" unlawful acts are protected. If you're thinking this definition ...


Family

Is the California Family Code going to the dogs?

Jan. 9, 2019
By Marlo Van Oorschot, Cara L. Boroda

For family law lawyers, love can indeed be a battlefield; a battlefield filled with real estate, children, jewelry, IRAs, and,...


Civil Litigation, California Courts of Appeal, Appellate Practice

A recent decision holds that an appellate court's denial of "costs" does not preclude an award of attorney fees -- a holding t...


U.S. Supreme Court, Military Law, Government

Sexual trauma in the military

Jan. 9, 2019
By Eileen C. Moore

Remedies to the military sexual assault situation require attention by both Congress and the U.S. Supreme Court. Even a presid...


Judges and Judiciary, California Supreme Court, Appellate Practice

Today, we move on to part 2 of our series — Justice Leondra R. Kruger, who succeeded Justice Joyce L. Kennard on Jan. 5, 2015.


Judges and Judiciary

For the past six years (2013-2018), I have counted the number and type of motions that were heard in Department 15. I then pre...


Civil Litigation, Labor/Employment

Employers bring PAGA lawsuit

Jan. 8, 2019
By Tina Tellado, Deisy Castro

Lawsuits filed under California’s Private Attorneys General Act are nothing new. What is new and noteworthy is a group of empl...


Intellectual Property

The former patent examiner, Albert Einstein, is credited with having told reporters, “I never think of the future, it comes so...


Insurance

Looking back: Key insurance decisions from 2018

Jan. 8, 2019
By Kirk A. Pasich

Last year once again saw courts addressing key insurance issues.


Letters, Labor/Employment, Corporate

I am writing regarding the excellent article “Does Section 925 reinforce or weaken policy against noncompetes?” in the Jan. 7,...


Tax, Administrative/Regulatory

Whether you are Donald Trump or just an ordinary Joe, everyone likes to save money. And no one likes to pay more in taxes than...


Civil Litigation, Labor/Employment, Contracts

Last September, the Delaware Court of Chancery ruled that a Delaware choice-of-law provision and covenant not to compete in an...


Law Practice, Judges and Judiciary

Bookends

Jan. 7, 2019
By Arthur Gilbert

This is my first column for the year 2019. It picks up some themes from my last column in 2018. You might consider the two col...


Intellectual Property, Government

Intellectual property legislation is rarely front of mind for legislators, and more pressing concerns often leave IP proposals...


Law Practice, Insurance, Ethics/Professional Responsibility, State Bar & Bar Associations

The subcommittee studying the "advisability of mandating errors and omissions insurance for attorneys" met on Dec. 7, 2018, to...


U.S. Supreme Court, Health Care & Hospital Law, Administrative/Regulatory

Since the ACA became embedded as part of the health care system, Americans without health insurance dropped from 16.8 percent ...


Civil Litigation, Law Practice, Appellate Practice

On Stipulated Reversals

MCLE
Jan. 7, 2019
By Christopher D. Hu

Litigants often face special obstacles to settlement on appeal. Sometimes, the appellant insists on a reversal of the trial co...


Labor/Employment, California Supreme Court

Whichever way the California Supreme Court decides will have monumental ramifications for the competitive and fragmented payro...


Law Practice, Ethics/Professional Responsibility

Key issues relating to motions to disqualify

Jan. 4, 2019
By Shari L. Klevens, Alanna G. Clair

When a motion to disqualify is filed, tensions often run high. The attorney targeted by the motion may feel a mix of anger at ...


Law Practice, Ethics/Professional Responsibility

Why your firm needs a lawyer

Jan. 4, 2019
By Daniel O'Rielly, Dena Roche

For many law firm partners, even those who run and manage law firms large and small, the idea that a law firm needs its own la...


Corporate

Last month the Delaware Court of Chancery issued an important decision denying a motion to dismiss derivative litigation.


California Courts of Appeal

An open letter to our appellate court justices

Jan. 4, 2019
By James P. McBride

You have strayed from the traditions of legal literature. Where is the flair?


Law Practice, Environmental & Energy

Climate change and rule of law

Jan. 3, 2019
By Frank H. Wu

I wish we did not have to do so, but it turns out to be as difficult as it is necessary to debate facts. More than that, those...


Top 10 cybersecurity predictions for the new year

Jan. 3, 2019
By Robert E. Braun, Michael A. Gold

’Tis the season for prognostication — from September through March, pundits and would-be pundits make their predictions, rangi...


California Courts of Appeal, Appellate Practice

Unfortunately for 1Ls, bar examinees, and litigants, claim preclusion can be complex. Its boundaries are fuzzy. It is one of t...


Civil Litigation, Insurance, Construction

Let me suggest something for your 2019 reading list: Your insurance policy. Ok, I know that’s about as likely as Nancy Pelosi,...


Civil Litigation, Law Practice

Navigating the difficult waters of an attorney-client breakup

Jan. 2, 2019
By Natalie S. Pang, Brian S. Kabateck

Attorneys must be aware that a trial court will not tolerate motions to withdraw being used as a delay tactic or litigation ta...


Appellate Practice

Waking Dead Appeals

Jan. 2, 2019
By Benjamin G. Shatz

In the law, are there exceptional forces with the power to revive an appeal from its grave? (Cue creepy organ music.) Indeed, ...


Judges and Judiciary, California Supreme Court

Governor Sunshine’s Court

Dec. 31, 2018
By David A. Carrillo, Stephen M. Duvernay

Joshua Groban, Gov. Jerry Brown’s final appointment to the California Supreme Court, was confirmed by the Commission on Judici...


Government, Constitutional Law

It generally was concealed from the American public. President Woodrow Wilson, for example, was incapacitated by several strok...