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Administrative/Regulatory

Privacy oversight and net neutrality

Jun. 21, 2017
By Anita Taff-Rice

If the FCC eliminates the net neutrality rules, ISPs would no longer be classified as common carriers, which would appear to c...


Law Practice

Taking expert depositions

Jun. 20, 2017
By Sotera Anderson

If you are at the point of deposing experts, chances are you are within two months of the trial date. Thus, you don't have a l...


Law Practice

Bill favors asbestos plaintiffs

Jun. 20, 2017
By Mark Love

Interestingly, Senate Bill 632 imposes no limit on the questioning done by the plaintiff's own counsel -- just that of the def...


Judges and Judiciary

The chariot of the law: drawn by two horses

Jun. 20, 2017
By Rafael Chodos

It is tempting to say that like the soul, the Law too is a chariot drawn by two horses, Bureaucracy and the Quest for Justice,...


Civil Litigation, California Courts of Appeal, Appellate Practice

Ruling grapples with 998 offers, arbitration

Jun. 20, 2017
By Gary A. Watt

While the procedural mechanics of 998 offers in the courts is well-settled, the same cannot be said for arbitration. And as a ...


State Bar & Bar Associations

144 is not the answer

Jun. 20, 2017
By William Wesley Patton

Pepperdine law professors Robert Anderson and Derek Muller and the State Bar of California have failed to prove that an MBE cu...


Real Estate/Development, Probate, Construction

Since 1970, California law has granted California residents substantial protection for their assets from legal claims of credi...


Appellate Practice

Statement of Facts: Part V

Jun. 19, 2017
By Myron Moskovitz

The Statement of Facts section of your brief is not just a collection of facts. It's a story. People love to hear stories — if...


Family

How to get through a divorce in the spotlight

Jun. 17, 2017
By Maya Shulman

Attorneys who represent stars must be available to their famous clients almost around the clock. If, as happens, a client is o...


Alternative Dispute Resolution

Some experiences from a recent arbitration, got me thinking that an update on winning strategies for arbitration might be time...


Intellectual Property

A 2015 Federal Circuit opinion continues to remind prospective mark owners about the consequences of hasty trademark filings, ...


Transportation, Administrative/Regulatory

The Drone Federalism Act of 2017, introduced in the Senate a few weeks ago, provides some needed clarity by eliminating concer...


Insurance

An insurer's liability for failure to settle [MCLE]

Jun. 16, 2017
By Kirk A. Pasich

Insurers and insureds often disagree about whether a claim or lawsuit against an insured should be settled and if so, for how ...


Tax

California on the brink of fixing its broken tax system

Jun. 16, 2017
By Bruce Givner, Owen Kaye

In response to widespread and long-standing criticisms of the 138-year-old State Board of Equalization, the Taxpayer Transpare...


U.S. Supreme Court, Civil Litigation, Appellate Practice

Ruling limits ability to appeal class cert denial

Jun. 16, 2017
By Jeffrey A. LeVee, Jason C. Wright

The U.S. Supreme Court's ruling in Microsoft Corp. v. Baker ensures that class representatives and defendants maintain an equa...


Environmental & Energy, Administrative/Regulatory

What we can learn from Trump's EPA budget

Jun. 16, 2017
By William M. Sloan, Fred R. Wagner

The approximately 31 percent proposed cut from current spending levels is a staggering figure for any institution, public or p...


Labor/Employment

The ensuing workplace investigation into alleged employee misconduct can make or break an employer's ability to implement and ...


Government, Corporate

Internal controls at private corporations

Jun. 15, 2017
By Richard S. Horvath Jr.

Increasingly, private corporations are facing levels of governmental scrutiny that historically only have been seen by public ...


Labor/Employment, Immigration

Show me the money!

Jun. 15, 2017
By C. Matthew Schulz, Cynthia Jackson

What the Trump administration's budget reveals to employers.


Health Care & Hospital Law

Health care reform behind closed doors

Jun. 15, 2017
By Michael C. Parme

Despite the legislation's potential impact on millions of Americans, there appears to be no plans to bring the legislation to ...


Letters, Criminal

In response to Ana Zamora's June 12 front page column, "DAs: Listen to Voters, Not Sessions," I would like to set the record s...


Intellectual Property

How new immigration policies may affect your company's IP

Jun. 14, 2017
By Karineh Khachatourian

You might think immigration policies and practices have no impact on intellectual property. Under the new administration, you ...


Judges and Judiciary

Donald Trump and the 'supervisory power' of the courts

Jun. 14, 2017
By Richard A. Hamar

Commentators thus far have overlooked a remedy for the federal court judges as Trump continues his attempts to intimidate and ...


Government

Of presidents and popes

Jun. 14, 2017
By James Attridge

Presidents and pontiffs have an uneasy history, given that America was originally founded as a haven for Protestants fleeing t...


Administrative/Regulatory

Are road-use charges the way forward?

Jun. 13, 2017
By Dorothy J. Glancy

Many tout road-use charging as a way to pay for necessary repairs to U.S. public roads, but like everything road related, it h...


Tax

Plan would turn flow-through tax precedent upside down

Jun. 13, 2017
By Megan Lisa Jones

Details are scant on Trump's proposed tax reform. But one proposed provision is worth serious reflection: The reduction of tax...


Government, Criminal

Longer sentences make us more secure

Jun. 13, 2017
By Eric Siddall

Ill-conceived measures to lower the prison population at the expense of public safety should be recognized for what they are -...


U.S. Supreme Court, Constitutional Law

Rulings create causation confusion

Jun. 13, 2017
By Erwin Chemerinsky

In several cases this term, the U.S. Supreme Court has reversed the lower court for using the wrong standard of causation -- b...


Tax, Constitutional Law, Administrative/Regulatory

Tax evasion and religious freedom

Jun. 12, 2017
By Robert W. Wood

Religious freedom is guaranteed by the U.S. Constitution, and seems pretty fundamental. Unfortunately, being required to pay t...


Civil Litigation, Law Practice

The liquidated damages rule is flexible, and can be used in the health care context to ward off attempts to recover full bille...