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California Courts of Appeal

Courts reject attempts to partition PAGA claims

Jan. 12, 2017
By Cary D. Sullivan

Multiple California appellate court decisions reject the notion that plaintiffs can be compelled to arbitrate particular aspec...


International

Direct investment by China in the U.S. is on track to hit a record $30 billion in 2016, double the investment figure for 2015....



Perspective

Financial agenda on deck at House

Jan. 12, 2017
By Jeff Steiner

While we are less than two weeks from President-elect Donald Trump's inauguration, House Republicans have wasted no time intro...


Labor/Employment

Rest break debate isn't over just yet

Jan. 12, 2017
By Eve H. Wagner

In what many consider to be a stunning reversal of a 2014 decision, the California Supreme Court ruled that employers may not ...



U.S. Supreme Court, Constitutional Law

When analogies fail

Jan. 12, 2017
By Brian M. Hoffstadt

Nowhere is the challenge to integrate the advance of technology into the law more public than in the U.S. Supreme Court's effo...


Banking

Clear lines in public and private spheres

Jan. 11, 2017
By Nancy Yamaguchi

While there is nothing wrong with FinTech companies collaborating with financial institutions on Wall Street, problems arise w...



Perspective

Restricting the use of a powerful and economical defensive tool to only those engaged in higher stakes litigation discriminate...


Corporate

Entrepreneur clinic helps new lawyers jump-start their careers

Jan. 11, 2017
By Olga V. Mack, Katia Bloom

Law school transactional clinics which prepare students for startup employment right out of law school is reversing the trend ...



Perspective

Prompt payment statutes are a shield, not a sword

Jan. 11, 2017
By Garret D. Murai

Recognizing the importance for construction contractors to get paid in a timely fashion, California enacted a series of laws o...


Wrap up nonprofit developments in 2016

Jan. 11, 2017
By Erin Bradrick

This month we discuss crowdfunding and some of the legal issues it raises for nonprofits. Towards the end of the month, we als...



Constitutional Law

While Visa, MasterCard and the rest are certainly not the devil, they run afoul of the First Amendment in their Frank Underwoo...


Judicial Profile

Raimundo Montes De Oca

Jan. 11, 2017
By Arin Mikailian

Raimundo Montes De Oca faced crises as a firefighter, public defender and Santa Barbara judge.



Insurance

Insurers owing a duty to defend must pay all applicable defense fees and costs — even ones that do "double duty" as prosecutio...


Perspective

Two recent Court of Appeal decisions have made condemnation more difficult and expensive for the condemning authority. By Joan...



Labor/Employment

Class action waivers and the NLRA

Jan. 10, 2017
By Sarah Hofstadter

Under the most recent 9th Circuit ruling in the Uber case, it remains an open question whether the NLRA allows employers to in...


Perspective

A glimpse of the Israeli judicial system

Jan. 10, 2017
By Eileen C. Moore

As part of the Beverly Hills Bar Association's recent travel delegation to Israel, we apparently walked into what we in the U....



International Law, Government

Embassy move would have major impact

Jan. 10, 2017
By William Slomanson

Implementing President-elect Donald Trump's campaign promise to move the U.S. Embassy from Tel Aviv to Jerusalem would unneces...


Appellate Practice

Stupor Mundi

Jan. 10, 2017
By David M. Balabanian

While commentators often compare California to Periclean Athens or Rennsaissance Italy -- the Marvel of the World -- judges, l...



U.S. Court of Appeals for the 9th Circuit

Cases like Dred Scott and The Antelope should not be cited for its dictum — at least not without acknowledgi...


Law Practice

Sessions has been attacked ever since Trump nominated him to be attorney general. But what is his true flaw? He is a Republica...



Government

Trump on NLRB on a collision course

Jan. 10, 2017
By William B. Gould IV

As Trump will be able to immediately select two new National Labor Relations Board members, given the conservative cast of his...


Judges and Judiciary

Miss Ann Thrope

Jan. 10, 2017
By Arthur Gilbert

It has been my practice at the end of each year to call on my aged friend Miss Ann Thrope. It has been some time since I last ...



Law Practice

Informal discovery and social media hacks

Jan. 7, 2017
By Michelle Sherman

Social media activity provides rich resource for informal discovery, as long as each website's rules are abided. By Michelle S...


Litigation

As the number and severity of data breaches have increased in recent years, there has been a corresponding rise in data breach...



Labor/Employment, Administrative/Regulatory

High noon in the workplace: employees gone green

Jan. 7, 2017
By Wendy L. Patrick

Despite the results of the November election, marijuana remains illegal at the federal, and regulating its use in the workforc...


Administrative/Regulatory

The same properties that lawmakers believe make powdered alcohol a health and safety concern will make AB 1554 difficult to en...



Technology & Science

Piecemeal regulation stifles innovation

Jan. 7, 2017
By Matthew Henshon

Uber's difficulty with the DMV when it attempted to roll out self-driving cars in California highlights the need for the feder...


Law Practice

How young lawyers can take first chair

Jan. 7, 2017
By Michael Panter

A recent study concluded that women appear in civil trials less often than men, and when they do appear, are far less...



Civil Rights

Access to Justice: E(quality) = MC410

Jan. 7, 2017
By Thomas F. Coleman

All attorneys should be aware that federal law requires government entities and businesses to provide reasonable accommodation...


Administrative/Regulatory

Microstamping: an impossible mandate

Jan. 7, 2017
By C.D. Michel

Recently, the California Court of Appeal reversed a premature dismissal of a lawsuit challenging California's microstamping re...