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Law Practice, California Supreme Court, State Bar & Bar Associations

Attorney re-fingerprinting story is quite disturbing

May 25, 2018
By Nathaniel J. Friedman

The critical paragraph reads “Many of the state’s 190,000 active lawyers must be re-fingerprinted because for more than 25 yea...


U.S. Supreme Court, Civil Litigation, Labor/Employment, California Supreme Court

In Epic Systems, we were treated to the rare spectacle of the California Supreme Court accurately anticipating the U.S. Suprem...


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

Preexisting condition doesn’t preclude coverage

May 24, 2018
By Robert J. McKennon

The 9th Circuit ruled that if an insured with a preexisting medical condition gets in an accident, but the condition does not ...


In the wake of #MeToo, as employers are striving to reform their harassment policies, they should bear in mind that harassment...


Civil Litigation, Intellectual Property

Litigants value early case assessment by their law firms for obvious business reasons. This exercise is uniquely important in ...


Law Practice, Contracts

Written influencer agreements allow the advertiser and influencer to get on the same page about expectations and risk allocati...


Immigration, Government, Entertainment & Sports, Constitutional Law

Sports betting ruling and sanctuary cities

May 23, 2018
By Jonathan Wood

Undoubtedly, California will cite the case to shield against the United States’ lawsuit challenging the state’s sanctuary citi...


Insurance

While to date there has been relatively few reported cases involving cyberinsurance coverage disputes, there has been much lit...


Administrative/Regulatory

Potential new liability regime for credit reporting agencies

May 23, 2018
By Jonathan C. Sandler, Rosanna Carvacho

The California Legislature is considering enacting Assembly Bill 1859, which would impose substantial new security obligations...


Criminal, Constitutional Law, California Courts of Appeal

This month, two cases discussed informing DUI defendants of the right to refuse blood testing and the consequences of a refusal.


Letters, State Bar & Bar Associations

Time for the State Bar to ditch the MBE

May 23, 2018
By Ira L. Shafiroff

Any lawyer who has practiced more than six months knows that the MBE tests no such skills.


Transportation, Tax

The Tax Cuts and Jobs Act has quickly reshaped business and individual tax incentives for aircraft usage.


Real Estate/Development, Government, Administrative/Regulatory

Costa-Hawkins and the future of rent control in California

May 22, 2018
By Joseph Tobener, Rahman Popal

It is not a coincidence that the effort to overturn the law comes in the wake of an unprecedented housing crisis.


In the excitement over the Golden State Killer, we shouldn't lose sight of the urgent need for legal rules to govern access to...


Letters, Government, Criminal

I am writing to correct a mistake I made in my guest column of April 30, 2018, “What’s It Mean to be DA?”


Intellectual Property, Entertainment & Sports, Civil Rights, 9th U.S. Circuit Court of Appeals

Does using cheating software in a video game create an unauthorized “derivative work”?


U.S. Supreme Court, Civil Litigation, Labor/Employment

Your work is just another business transaction

May 22, 2018
By Bryan Lazarski

The U.S. Supreme Court decision in Epic Systems is a nasty blow to the nation’s workforce, which relies on the class action me...


U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court

Divorcing the message from the messenger

May 22, 2018
By Brian M. Hoffstadt

Napoleon is probably not the one to lead a Ted talk about how to win a land war in Europe, but should the approach be any diff...


Letters, Insurance, Government, Administrative/Regulatory

Insurance bill needs to provide more protection

May 22, 2018
By Jon B. Eisenberg

I have proposed to the committee that Senate Bill 1291 be amended to require out-of-state adjusters to complete a short train...


Insurance

A handful of European reinsurance companies and some title insurers in turn have been offering to their insureds, the ability ...


U.S. Supreme Court, Criminal, Constitutional Law

As Chief Justice John Roberts likes to remind us, federal judges are very busy (he should see the dockets that California stat...


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

The 9th Circuit recently issue a ruling in an ADA case, but the interesting part of the holding is how it highlights the impor...


Civil Litigation, Labor/Employment, California Supreme Court, California Courts of Appeal

State high court is poised to resolve a split under Iskanian

May 21, 2018
By Gregory W. Knopp, Jonathan P. Slowik

In recent months, the Court of Appeal has issued two conflicting decisions regarding whether the Iskanian rule extends to such...


U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court

Searches, seizures and independent state grounds

May 21, 2018
By David Aram Kaiser

In the area of search and seizure is pretty much dead, so-called California Constitutionalism is pretty much dead.


Health Care & Hospital Law, Government, Civil Litigation, Administrative/Regulatory

Medicare Secondary Payer Act: personal liability cases

MCLE
May 21, 2018
By Karen A. Feld

Personal injury attorneys who have cases where the claimant is a Medicare beneficiary need to have a basic understanding of Me...


Civil Litigation, Health Care & Hospital Law

Getting it right in elder abuse cases

May 21, 2018
By George R. Kindley

Plaintiff advocates need to know how to handle the Winn decision.


Tax

Royal wedding could lead to some royal tax issues

May 21, 2018
By Robert W. Wood

As American actress Meghan Markle prepares wed Britain’s Prince Harry over the weekend, most people probably were not focused ...


Judges and Judiciary, Government

Nominees refuse to endorse Brown v. Board of Education

May 18, 2018
By Rodney K. Nickens

The confirmation of these nominees would be a tremendous blow to the legacy of this crucial case, which has touched the lives ...


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

We haven’t heard the last on trade dress precedent

May 18, 2018
By Brian M. Wheeler

In a recent case the 9th Circuit provided some guidance to practitioners of how to establish irreparable harm beyond mere evid...


Civil Litigation, Law Practice

It is increasingly difficult for California attorneys to propose a limited civil action as a viable option for any case fallin...