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The FCC proposes to establish a consumer consent framework for uses of broadband data that distinguishes between sensitive and...


GC Email

In the absence of specific regulatory guidance, what should healthcare providers consider when deciding whether and how to ado...


Law Practice

Solo best practice: specialize your practice

Oct. 27, 2016
By Hamid Yazdan Panah

One of the first and most important decisions you will face when starting a solo practice is deciding what type of law to focu...


Government

As Californians place greater emphasis on physical fitness and healthy pedestrian lifestyles, cities struggle with aging infra...


Civil Litigation

Software manufacturer takes hit for jealous husband

Oct. 27, 2016
By Carolyn F. Mcniven, Thaddeus C. Houston

A federal appellate court recently held that a software company could be held liable for Wiretap Act violations when a jealous...


Perspective

Wage regulations loom, suits already filed

Oct. 26, 2016
By Virginia K. Young

The minimum salary required to meet the Fair Labor Standards Act white collar exemptions from overtime pay will more than doub...


The Defend Trade Secrets Act provides a number of practical or procedural advantages for a trade secret plaintiff over a simil...


Transactions

Recent months have seen a number of statutory and common law developments relating to appraisal rights that will have importan...


Criminal

One excuse to willfulness, a required element of the felony of tax evasion, is a good faith misunderstanding of the law. Imagi...


Banking

Banks and bankers elude prosecution

Oct. 26, 2016
By Stanley Greenberg

Rarely a month goes by without reading about banks and bankers who commit obvious crimes, but who are rarely prosecuted. If an...


Government

Running on fines

Oct. 26, 2016
By Will Swaim

The city of Huntington Beach is following the model of Ferguson, Missouri: raising fines on misdemeanors in order to generate ...


Judicial Profile

Julian Recana

Oct. 26, 2016
By Arin Mikailian

LA County Judge Julian Recana spent his life following his father, and now they are both judges.


Perspective

Among the nearly 900 laws enacted this year was AB 691, which authorizes a decedent's personal representative or trustee to ac...


Criminal

Courts disagree on excusing jurors

Oct. 25, 2016
By Lawrence Waddington

The jury trial constitutionally ordered in civil and criminal litigation emerged from English common law and exists today in e...


Perspective

Emotion versus reason

Oct. 25, 2016
By Frank Pray

While laws are designed in a republic to be a means of checking the excesses of a tyrannous, biased majority — in reality, get...


Transportation, Government, Administrative/Regulatory

The Zero Emission Vehicle Program is an affordable way for local governments to jump into the future with both feet. Electric ...


Perspective

Fee Shifting

Oct. 25, 2016
By David M. Balabanian

The principal claimed benefit of fee-shifting provisions is deterrence, i.e., discouraging the initiation of doubtful litigati...


Litigation

Anti-SLAPP school is back in session

Oct. 25, 2016
By Charles M. Kagay

Allegations of dirty dealings in the garbage business means it's time for the California Supreme Court to conduct another semi...


U.S. Supreme Court, Government, Constitutional Law, Civil Rights

Post-9/11 arrest case has big implications

Oct. 25, 2016
By Mark Chenoweth

The U.S. Supreme Court will tackle tort damages against federal officials in their personal capacities and qualified immunity ...


Judicial Profile

Natalie Stone

Oct. 23, 2016
By Arin Mikailian

LA County Judge Natalie Stone works to help parents get back on track to keep families together.


Perspective

In the recent California legislative session, several bills aimed to address perceived abuses of Americans with Disabilities A...


Perspective

Surprising nuances to California tax disputes

Oct. 22, 2016
By Robert W. Wood

There are many nexus issues, surprising withholding taxes, and tough residency rules. And the procedural oddities are not obvi...


GC Email

Law firms likely to see rise in claims

Oct. 22, 2016
By Jeffrey D. Polsky

At a federal and state level in California, retaliation claims are more common than harassment and discrimination claims. And ...


Law Practice, Law Office Management

Proceed carefully when partner exits suddenly

Oct. 22, 2016
By Daniel O'Rielly, Dena Roche

Even unplanned, last-minute partner departures can be handled in such a way as to minimize unnecessary adverse consequences.


Perspective

Who's in the 'ascertainable' putative class?

Oct. 22, 2016
By Rick L. Shackelford

For a time, it seemed that 9th Circuit might make the circuit split on ascertainability so stark that the U.S. Supreme Court w...


Perspective

Cert denial leaves in place hostile-to-business decision

Oct. 22, 2016
By William H. Weissman

What a recent California Supreme Court decision means from a political perspective is that the desire of the state to extract ...


Perspective

The legislation, motivated in response to the 2015 balcony collapse in Berkeley, passed the Assembly and Senate with bipartisa...


Amendments to Family Code Section 7613 clarifies that a man or woman's parenting "intentions" determine whether he or she is a...


GC Email

Where a primary insurer rejects a reasonable settlement demand within its policy limits, a recent case holds that it can be li...


Litigation

Are defense bills sent to insurers privileged?

Oct. 21, 2016
By Erica Villanueva

On Oct. 6, the California Supreme Court heard oral argument in a case that, while seemingly far removed from the insurance fie...