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

Corporate mismanagement and scienter in securities class actions

Mar. 22, 2018
By Ellen M. Murphy, Stephanie Albrecht

Earlier this month, the 9th affirmed dismissal of a securities class action against on the basis that the inference of sciente...


Civil Litigation, Labor/Employment, Administrative/Regulatory

Joint-employer standard left unsettled after NLRB vacates ruling

Mar. 22, 2018
By Charles S. Birenbaum, Jamie R. Rich

Franchisors must be mindful of their business practices to avoid being held liable for labor law violations committed by franc...


Letters, Judges and Judiciary, Criminal

Politics has no place in California courts

Mar. 22, 2018
By Edward R. Leonard

When elected officials choose to issue personal attacks, suggest bias or collusion, or otherwise attempt to politicize the cou...


Securities, Environmental & Energy, Corporate, Administrative/Regulatory

A sea change in climate change disclosure?

Mar. 21, 2018
By Don J. Frost Jr., Thomas J. Ivey

In years past, shareholder initiatives to enhance climate change reporting beyond this basic level of disclosure typically exp...


Securities, Civil Rights

Yahoo! Inc. recently stipulated to an $80 million settlement related to its massive 2013 and 2014 data breaches. But not one d...


Government, Criminal, California Courts of Appeal

Court: ‘Hold my beer’

Mar. 21, 2018
By Brian M. Hoffstadt

Does the judicial branch ever tell the political branches of government, "Hold my beer"? The recent efforts to reform Californ...


Civil Litigation, Letters, Government, Alternative Dispute Resolution

I write to follow up on Michael Leb’s March 20 column on the restraining order in the legal conflict between Stephanie Cliffor...


Letters, Judges and Judiciary, Government

Data tell more positive story of Brown's impact on the bench

Mar. 20, 2018
By Joshua D. Wayser, Therese M. Stewart

We feel the recent story on Jerry Brown’s judicial picks doesn’t paint an accurate picture of all that the governor has done t...


U.S. Supreme Court, Civil Litigation

FCA traps, zaps and zingers

Mar. 20, 2018
By Carolyn F. Mcniven

Defense attorneys are applauding a district judge’s recent ruling in a False Claims Act case.


Civil Litigation, Alternative Dispute Resolution

Although grounds for vacating an arbitration award are few and the burden is hard to meet, she seems to have a plausible argum...


Tax, Government, Administrative/Regulatory

The IRS recently released Revenue Procedure 2018-15 clarifying the circumstances in which an exempt entity that undergoes a co...


Obituaries, Civil Litigation, Law Practice

At a time when our society’s civility and decency are being threatened every day, I feel compelled to write about the passing ...


U.S. Supreme Court, Securities

Searching for fraud on the market

Mar. 19, 2018
By Thomas A. Zaccaro, Nicolas Morgan

The questions raised by Barclays' petition for certiorari require answers to clarify the application of the fraud-on-the-marke...


Law Practice, Appellate Practice

On Losing

Mar. 19, 2018
By Myron Moskovitz

I just lost an appeal. It really hurts. I can console myself with the fact that the appellate judges didn’t seem to like my cl...


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

Data breach standing ruling invites review

Mar. 19, 2018
By Ian C. Ballon

The 9th Circuit recently said merely having personal information exposed in a breach is sufficient harm to justify Article III...


Civil Litigation, Law Practice, Government, State Bar & Bar Associations, Alternative Dispute Resolution

The battle between eliminate certain aspects of mediation confidentiality continues with a proposed Senate resolution to reaut...


Law Practice, Law Office Management, California Supreme Court, Bankruptcy, 9th U.S. Circuit Court of Appeals

No more unfinished business

Mar. 16, 2018
By Suzzanne Uhland, Jennifer M. Taylor

Does a dissolved law firm, under California law, have a property interest in unfinished hourly fee matters upon its dissolutio...


Tax, Government, Administrative/Regulatory

IRS is set to end offshore voluntary disclosure program

Mar. 16, 2018
By Nathan J. Hochman, Andrew Allen

The Internal Revenue Service announced this week that it will close the Offshore Voluntary Disclosure Program on Sept. 28, 2018.


Entertainment & Sports

Open NCAA basketball tournament to all teams

Mar. 16, 2018
By Dan Lawton

What’s magical about the number 68? Nothing at all.


Law Practice, Ethics/Professional Responsibility

Pro hac (ad)vice

Mar. 16, 2018
By Richard A. Hamar

After moving West and joining the California and Hawaii Bars, I have never stopped traveling to practice law. Here are some ti...


Judges and Judiciary, Government

More on ballot designations and other shenanigans

Mar. 15, 2018
By Randolph M. Hammock

I am generally pleased to note that the vast majority of the current field of candidates for Los Angeles County Superior Court...


U.S. Supreme Court, Environmental & Energy, Constitutional Law

Property rights vs land use regulations at high court

Mar. 15, 2018
By Richard M. Frank

The U.S. Supreme Court's 2018-19 term is already shaping up as one of the court's most consequential in recent memory when it ...


Civil Rights, California Supreme Court, 9th U.S. Circuit Court of Appeals

Essentially, by assuming the risk of taking possession, the judgment creditor cannot then ask for damages, despite running the...


Real Estate/Development, Bankruptcy

The filing of a Chapter 11 bankruptcy petition by a tenant can pose potential financial and administrative problems.


U.S. Supreme Court, Civil Litigation, Labor/Employment, California Supreme Court, California Courts of Appeal, 9th U.S. Circuit Court of Appeals

Supreme Court headed for arbitration wonderland

Mar. 14, 2018
By Steven B. Katz

“Sentence first — verdict afterward,” said the Red Queen at the end of Alice’s trial. Perhaps she was talking about the Federa...


Labor/Employment, Immigration, Constitutional Law

Employers: What to know as immigration battle plays out

Mar. 14, 2018
By Arthur F. Silbergeld, Kacey R. Riccomini

As the battle between federal preemption and states’ rights heats up, California Attorney General Xavier Becerra stands tall i...


Securities, Mergers & Acquisitions, Corporate

In the last decade or so, corporate venture capital divisions have grown from small side players in the venture industry to a...


At the June election, four public defenders hope to unseat four judges simply because they were appointed by a Republican gove...


Real Estate/Development, Construction, California Supreme Court, California Courts of Appeal

The California Supreme Court recently held that the act does apply to claims involving actual damages in newly constructed re...


U.S. Supreme Court, Government, Constitutional Law

Trump vs the Golden State

Mar. 13, 2018
By Erwin Chemerinsky

Based on current law, there is merit to arguments on each side, but more on the side of California in this dispute.