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Law Practice

Virtual reality isn't all fun and games

Sep. 21, 2016
By Hanley Chew

Three new virtual reality headsets will be released in 2016, so what rules apply to data collected by these devices? By Hanley...


Judges and Judiciary

Reining in civil asset forfeiture

Sep. 21, 2016
By David B. Smith

SB 443 will help ensure that private property is not taken based on a hunch, bias, malice, or inadequate or inadmissible evide...


Labor/Employment

Public employers need to be vigilant about ovrtime rules

Sep. 20, 2016
By Lisa S. Charbonneau

A 9th Circuit decision earlier this year triggered a flurry of Fair Labor Standards Act lawsuits against public employers in C...


Technology

There's a new federal law governing foods containing genetically modified organisms, aka GMOs, and it preempts the poorly conc...


Perspective

Trust Me

Sep. 20, 2016
By David M. Balabanian

Prior columns have emphasized the importance of earning the courts' trust — and how easily it can be forfeited through over- o...


Appellate Practice

No matter how well written it is, an appellate brief isn't "great" unless it makes great use of the record. ...


Civil Litigation, Law Practice, Judges and Judiciary, Criminal

The art of the opening statement

Sep. 20, 2016
By John C. Hueston

Nothing in the practice of law compares to the sheer drama of standing before a judge and jury to make a passionate and persua...


U.S. Supreme Court, Constitutional Law

Unanimously wrong

Sep. 19, 2016
By Erwin Chemerinsky

The Supreme Court's decision in McDonnell v. United States will make it much harder for the government to prosecute a...


Judicial Profile

Karen Robinson

Sep. 18, 2016
By Arin Mikailian

Orange County Judge Karen Robinson is praised for her ability to dig for facts.


Technology & Science

Regulators stepping up FinTech actions

Sep. 17, 2016
By Joseph A. Valenti

With a number of U.S. and global regulatory agencies advancing theories to support their jurisdiction and compliance demands i...


Perspective

Adapting water resources for climate change

Sep. 17, 2016
By Wesley A. Miliband

Two bills sitting on the governor's desk will help California adapt its water resources for climate change. By Wesley A. Milib...


Administrative/Regulatory

First major Prop. 65 update in over a decade

Sep. 17, 2016
By Michèle Corash

On Sept. 2, the California published sweeping changes to Proposition 65 that rewrite the "safe harbor" warning regulations and...


Government

The Adult Use of Marijuana Act, Proposition 64 on the November 2016 ballot, is polling at over 60 percent support among likely...


Perspective

IRS time limits and Donald Trump's returns

Sep. 17, 2016
By Robert W. Wood

Is Donald Trump's reluctance to release his tax returns about an IRS audit or something else? By Robert W. Wood ...


Perspective

I first reviewed the Dragon Naturally Speaking software almost 20 years ago, in 1997. With the latest version released this mo...


Litigation

Class action waiver split may go up

Sep. 17, 2016
By Raymond F. Lynch

A 9th Circuit ruling that an employer cannot force employees to pursue work-related claims individually through concerted acti...


Large Firms

Keeping bullies out of your firm

Sep. 17, 2016
By Jeffrey D. Polsky

Studies show that the persons receiving the abuse aren't the only ones affected by it. When other employees witness this behav...


Ethics/Professional Responsibility

Pro bono bill veto was a shock

Sep. 17, 2016
By Cindy Thomas Archer

Many were surprised when Gov. Brown vetoed a bill that would have required law students to complete 50 hours of pro bono servi...


When an insurer fails to honor statutory and common law duties, California's doctrine of equitable estoppel may preclude the i...


Perspective

The California Public Utilities Commission's new process for submitting confidential information is certain to create uncertai...


Perspective

As California burns, costs trump safety

Sep. 16, 2016
By David Huard

Everyone agrees that the root causes of wildfires should be addressed. However, one step below the surface of this clear-cut c...


Administrative/Regulatory

The farmworker overtime bill, now signed into law, could affect hundreds of thousands of agricultural workers and change the f...


Antitrust & Trade Reg.

Merger mayhem in health insurance

Sep. 16, 2016
By John O. Chesley

While the fate the Anthem/Cigna and Aetna/Humana mergers is uncertain, it seems likely that at least one of them will fail to ...


Civil Litigation

Litigation financing details remain elusive

Sep. 16, 2016
By Ferdie F. Franklin

There may be more disclosure about litigation financing forthcoming, however, especially in class actions, based on a recent d...


Litigation

Whose privilege is it anyway?

Sep. 16, 2016
By Michael R. Diliberto

A recent 9th Circuit ruling considers which privilege law governs whether the settlement email exchange during mediation is ad...


Ethics/Professional Responsibility

How to deal with motions for sanctions

Sep. 16, 2016
By J. Randolph Evans, Shari L. Klevens

Receiving a motion for sanctions can be a scary or even emotional event, regardless of whether the motion is brought against j...


Civil Litigation

Is your deposition subpoena enforceable under California law?

MCLE
Sep. 16, 2016
By Bentley P. Stansbury III

Upon receipt of a deposition subpoena or a subpoena duces tecum issued by an arbitrator, careful practitioners should ask two ...


Technology & Science

Ruling chips away at website immunity

Sep. 15, 2016
By Daniel T. Rockey

Affirming the old adage that hard facts make bad law, a 9th Circuit ruling that the Communications Decency Act does not shield...


Labor/Employment

Last week, the 9th Circuit ruled that two of Uber's arbitration agreements are valid and enforceable, reversing the Northern D...


Litigation

Melania Trump's lawsuit against the Daily Mail makes good on one of her husband's most famous promises — a vow in February tha...