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U.S. Supreme Court, Government, Constitutional Law

Since the founding of the republic, religious tests have been anathema in the United States.


U.S. Supreme Court, Immigration, Constitutional Law

Those born in the United States are clearly citizens

Nov. 13, 2018
By Erwin Chemerinsky

The Constitution and the holdings of the Supreme Court are clear: All persons born in the United States are citizens regardles...


U.S. Supreme Court, Government, Constitutional Law

The appointment of Whitaker has created a legal firestorm because of his controversial and radical views on the role of the fe...


Criminal, Banking

My money ended up where?

Nov. 12, 2018
By Joshua J. Borger

Liability considerations for when someone breaks into your computer and sends your money overseas.


Labor/Employment

Employers should carefully review their procedures for providing lactation accommodation in accord with the requirements of AB...


Labor/Employment, Insurance, Health Care & Hospital Law

The carrot and/or stick approach to workplace smoking programs

Nov. 9, 2018
By Michelle Lee Flores, Marissa H. Alguire

Can California employers encourage employees to quit smoking or penalize them if they don’t?


Alternative Dispute Resolution

 Chatoyancy & Thixotropic

Nov. 9, 2018
By Robert S. Mann

In my latest issue of “Popular Woodworking” (don’t’ ask — we all have our little hobbies) there was a fascinating article on t...


Law Practice, Ethics/Professional Responsibility

Ethical duties and data breaches

MCLE
Nov. 9, 2018
By Alison Buchanan

On Oct. 17, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued Formal Opinion ...


Law Practice, Ethics/Professional Responsibility

Consider using mandatory arbitration provisions to recover fees

Nov. 9, 2018
By Shari L. Klevens, Alanna G. Clair

Fee disputes with clients are never pleasant, but they are especially painful when such disputes result in litigation. Not onl...


Government, Environmental & Energy, Construction

It’s no surprise given that buildings account for 25 percent of the state’s greenhouse gas emissions — and 70 percent of emiss...


Criminal

For defense attorneys, a new GPS system might be in order. We need to rethink and refresh the way we’ve historically represent...


Labor/Employment, Entertainment & Sports

While Gov. Jerry Brown signed several bills into law addressing sexual harassment this fall, Assembly Bill 2338 pays special a...


Corporate

The first 100 days as general counsel

Nov. 8, 2018
By Jack H. Robbins

Since the inauguration of Franklin D. Roosevelt during the depth of the Depression, great emphasis has been placed on the firs...


It pays to know how far back you can be audited. You can influence the answer, and there are steps you can take to cut your risk.


‘Go ahead then... prove it!’

MCLE
Nov. 7, 2018
By Brian M. Hoffstadt

Burdens of proof are presented in law school as if they are well-settled and purely procedural. In actuality, they are neither.


Intellectual Property

The European Court of Justice’s recent trademark ruling that Christian Louboutin’s red-soled shoes are eligible for trademark ...


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

9th Circuit continues to enforce well-crafted arbitration agreements

Nov. 7, 2018
By Cary D. Sullivan, Steven M. Zadravecz

Recent cases demonstrate the utility of clear, unambiguous language designating the question of arbitrability to an arbitrator...


Law Practice, Appellate Practice

How golden is silence?

Nov. 6, 2018
By Benjamin G. Shatz

Litigators earn their living by speaking up, and especially for reactively responding, so it does not come naturally to hold o...


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

One thing Northstar and other recent 9th Circuit cases make clear is that district courts in the 9th Circuit must read complai...


Law Practice, Government

Next case, no client: Lawyers turned candidates

Nov. 6, 2018
By James Attridge

Thanks to the new science of smearing candidates with the opprobrious epithet “lawyer” we may never see the likes of courthous...


Intellectual Property


Civil Litigation, Letters

Clarification on PG&E settlement story

Nov. 6, 2018
By Gerald B. Singleton

I write to clarify a single sentence in the article that appears to have been misunderstood by, or which has created confusion...


Criminal

Safety in prisons is our civil obligation

Nov. 6, 2018
By James P. Gray

On Oct. 31 it was reported that mobster James “Whitey” Bulger was beaten to death just hours after he was transferred from a f...


U.S. Supreme Court, Tax

The court acted appropriately in abandoning the physical presence test. But the burden of collecting sales taxes in different ...


Civil Litigation, Law Practice

The Art of Litigation

Nov. 5, 2018
By Gary E. Gans

Part III: Aristotle talks of the art of rhetoric; Sun Tzu talks of the art of war. Litigation is an adversarial exercise of rh...


Law Practice, Appellate Practice

Be careful what you wish for

MCLE
Nov. 5, 2018
By Christopher Cottle, Paul Katz

When appellate attorneys discuss case law, we often focus on an opinion’s reasoning. Judicial reasoning is the grist of our cr...


Law Practice

Limitations of immortality

Nov. 5, 2018
By Arthur Gilbert

Over the years I have participated in so many panel discussions that I lost count. But the panel I was on last week made an im...


Construction, Civil Rights

A case involving construction delay damages, insurance and the recovery of attorney fees, makes sausage making look easy.


Constitutional Law, Civil Rights

The U.S. government began regulating falconers and falconry practices in the 1970s. In 2008, the regulations were modified to ...


Tax

The actor has had a number of run-ins with the IRS over the years. His latest loss was part of his running feud over old IRS b...