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Law Practice, Ethics/Professional Responsibility

The law of lawyer conflicts in 2016

Dec. 31, 2016
By Wendy Chang

As the year draws to a close, it is a great time to take a moment to review the latest conflicts cases, and contemplate whethe...


Cases are meant to be published when they add a meaningful expansion to existing law or provide clarity to contested issues. <...


Intellectual Property

Ruling is sea change for design-patent cases

Dec. 30, 2016
By Stephen Larson

Earlier this month, the Supreme Court unanimously held that damages awards for design-patent infringement need not be the tota...


Law Practice

The revolving door: California edition

Dec. 30, 2016
By Natasha Innocenti

High-profile government attorneys who leave for private practice make headlines, and recent moves began escalating well before...


Perspective

Patent law in 2017

Dec. 30, 2016
By Lily Lim

Next year, the Supreme Court will be turning its focus on patent cases to extraterritorial aspects and is expected to rule on ...


Civil Litigation, Law Practice

Conducting voir dire in civil trials

MCLE
Dec. 30, 2016
By Elizabeth R. Feffer, Cherisse H.A. Cleofe

The pleadings long-settled, and discovery now completed, it is now time for you to try your client's civil case before a jury.


Law Practice

Time management

Dec. 29, 2016
By Hamid Yazdan Panah

The issue of time management is particularly challenging to sole practitioners accustomed to a 9-to-5 job. ...


Government, Administrative/Regulatory

Navigating financial subsidies from local governments

Dec. 29, 2016
By Bruce W. Galloway

With the demise of redevelopment agencies in California, a financial subsidy necessary for the financial viability of a real e...


Real Estate/Development

Payment of resident managers is an area where state and federal law do not work in consonance, putting property management com...


Commercial Law

Gift card woes for retailers

Dec. 29, 2016
By Stephanie A. Sheridan

Gift cards, a blessing to many holiday shoppers, can be a headache for retailers, as complicated redemption laws vary state to...


Perspective

Charter school decision affects entire state

Dec. 29, 2016
By Scott E. Huber

At issue was the legality of a "satellite facility" opened by a charter school outside of the geographic boundaries of its cha...


Tax

If Google eats Dutch Sandwiches, can you?

Dec. 29, 2016
By Robert W. Wood

Reports from Dutch regulatory filings say that Alphabet Inc.'s Google saved $3.6 billion in taxes in 2015 alone by moving $15....


Constitutional Law

Why takings law matters

Dec. 29, 2016
By Michael M. Berger

Californians lived for years under a legal regime holding that the only remedy for a regulation that had the effect of taking ...


Labor/Employment

Welcome to the gig economy

Dec. 29, 2016
By Eve H. Wagner

It's estimated that in just about three years, contingent workers will comprise about 40 percent of the entire U.S. workforce....


Environmental

Do not skimp on environmental due diligence, as environmental liabilities can be large and insert uncertainty into the redevel...


Perspective

New disability access rules will take effect next month

Dec. 28, 2016
By Bradley J. Leimkuhler

In September, California enacted Assembly Bill 2093 as part of its latest attempt to address the state's continuing struggle w...


Law Practice

What to do about the anti-SLAPP catchall?

Dec. 28, 2016
By Michael J. Shipley

Subdivision (e)(4)'s application to "any other conduct in furtherance of the exercise of the constitutional right of petition ...


Environmental

Will Trump unravel the EPA?

Dec. 28, 2016
By Jeffrey Dintzer

Donald Trump ran on a simple platform — Make America Great Again. But the president-elect has offered few clues as to what spe...


Government

What Prop 64 means for drug-free workplaces

Dec. 24, 2016
By Larry Campitiello

Nothing in the Adult Use of Marijuana Act requires an employer to permit or accommodate the use, consumption or possession of ...


Law Practice

Mediation when you have a smoking gun

Dec. 24, 2016
By Douglas E. Noll

Sometimes a lawyer will tell me that she has a smoking gun fact or piece of evidence that will absolutely devastate the other ...


Real Estate/Development

The requirement of replacement of affordable or rent-restricted units on a one-for-one basis in order for a developer to obtai...


Ethics/Professional Responsibility

Knock-knock-knockin' on your door: the state bar

Dec. 24, 2016
By Anthony Radogna

Let's say you have a thriving paralegal business. Or perhaps you are a licensed attorney who is just too busy with life to sho...


Civil Litigation, Alternative Dispute Resolution

If the bank successfully compels arbitration, it will deny its customers their right of access not only to the courts but also...


Civil Rights

Settlement a good sign for LGBT employees

Dec. 24, 2016
By Shannon Minter

In an important victory for same-sex couples, Wal-Mart has agreed to pay $7.5 million to settle a class action challenging Wal...


The California Supreme Court has now ruled in favor of the group. It included such household names as Hotels.com, Priceline, E...


Administrative/Regulatory

A Google search of "processed meat holiday gifts" revealed 1,590,000 results in less than a second. According to a citizen's p...


Intellectual Property

Federal trade secrets law: year in review

Dec. 23, 2016
By Jonah D. Mitchell

Defend Trade Secret Act practitioners have mostly steered clear of its much-hyped ex parte seizure remedy, opting instead for ...


Intellectual Property

Justices weigh reach of US patent laws

Dec. 23, 2016
By Robert Benson

The Supreme Court appears poised to limit the extraterritorial reach of U.S. patent law in Life Technologies v. Promega


Civil Litigation, Labor/Employment, Entertainment & Sports

Student-athletes bring the heat against NCAA

Dec. 23, 2016
By David J. Murphy

In the latest of the growing number of legal actions involving student-athletes pursuing compensation for their collegiate ath...


Civil Litigation, Law Practice, Criminal

Social media evidence: admissibility issues

MCLE
Dec. 23, 2016
By Mark Jackson

Proponents seeking to admit social media evidence will face three primary hurdles of admissibility: relevance, authentication ...