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Government, 9th U.S. Circuit Court of Appeals

The 9th Circuit ruled on Tuesday that courts determining whether governmental conduct was "substantially justified" for the pu...


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

9th joins 7th in striking class action waiver

Sep. 2, 2016
By Zareh Jaltorossian

A decision last month is leading some to wonder whether we're witnessing an emerging judicial reluctance to enforce class acti...


Perspective

Protect children from abusive noncustodial parents

Sep. 2, 2016
By Frank J. Menetrez

Can a juvenile court "remove" a child from a parent with whom the child does not reside? What would that mean, and why would a...


Environmental & Energy, Administrative/Regulatory

State control of federal land

Sep. 2, 2016
By Michael J. Sherman

Users of federal land, take note: You should no longer doubt the state's power to regulate, or even prohibit, specific land us...


Law Practice, Ethics/Professional Responsibility

Perils of attorney social media use keep widening

MCLE
Sep. 2, 2016
By Natalie P. Vance

Social media can be a great resource for investigating parties and witnesses, forging a brand and promoting a practice. Howeve...


State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

Tips for avoiding a State Bar complaint

MCLE
Sep. 1, 2016
By Heather E. Abelson

Because most lawyers would prefer to visit bars to sip cocktails and not defend against client complaints, there are steps law...


Perspective

The Legislature recently sent Assembly Bill 2888 to the governor's desk. If signed into law, it would close a loophole in Cali...


Mergers & Acquisitions, Corporate

Lessons from Jeter's journey to court

Sep. 1, 2016
By Marc Boiron

In Derek S. Jeter v. RevolutionWear, Inc., the Delaware Court of Chancery addressed issues that arise when a director...


Employer expanded responsibility for worker commutes

Sep. 1, 2016
By Brian S. Kabateck, Doug Rochen

Courts continue to carve-out exceptions to hold employers responsible for events occurring within the scope of its employees c...


GC Email

Kids get grades — why not law firms, too?

Sep. 1, 2016
By Scott M. Wornow

Not just through episodic, informal commentary that occurs between client and firm, but rather through a more disciplined, ana...


Labor/Employment, Government, California Courts of Appeal

A right to future (reasonable) pension benefits

Sep. 1, 2016
By Isabel C. Safie

In a decision issued earlier this month, a California appellate court ruled that future pension benefits of current public emp...


GC Email

Obama's National Labor Relations Board

Sep. 1, 2016
By David Murphy

The NLRB's recent finding that teaching assistants are entitled unionize reverses a decision by Bush's board. Which reversed a...


Environmental

Last week, California cemented its role as an international leader in the fight against climate change. The Legislature passed...


Perspective

Our commitment to due process should be constant enough to effectively deal with the changing moods of our culture. By Thomas ...


Perspective

What is sexual orientation discrimination?

Aug. 31, 2016
By Luke A. Boso

In recent years, many state and local governments have passed laws that prohibit discrimination "because of sexual orientation...


Recent headlines from across the country indicate that the tide is slowly starting to turn against sloppy one-size-fits-all ar...


Government

A so-called "data disaggregation" bill, Assembly Bill 1726, after passing the State Assembly with considerable Republican resi...


Perspective

AAPIs are America's fastest growing racial group. The group often faces the model minority myth — the idea that AAPIs are well...


Constitutional Law

Separation of powers bill has wrong target

Aug. 31, 2016
By Kristin E. Hickman

With the Separation of Powers Restoration Act, members of Congress are seeking to eliminate Chevron deference. But th...


U.S. Supreme Court

Policing the separation of powers

Aug. 31, 2016
By David DeGroot

As welcome as any robust effort by the high court to limit what seems to be the executive branch's ever-expanding power is, th...


Perspective

Let's not jump back or spring forward

Aug. 30, 2016
By Jay Obernolte

While we may disagree about whether "falling back" or "springing forward" is preferable, most Californians agree that switchin...


Administrative/Regulatory

New small drone regulations take effect

Aug. 30, 2016
By Karen A. Feld

MUNICIPAL MATTERS: The DOT and the FAA recently completed new drone regulations that take effect Monday. The guidelines apply ...


Special Coverage

What happens when a district court defers ruling on a motion to compel until after discovery and a trial have been conducted o...


Perspective

'Your call is very important to us'

Aug. 30, 2016
By David M. Balabanian

Of all your communications with clients and colleagues the most frequent is the one to which you may be paying the least atten...


Administrative/Regulatory

Ruling bolsters climate plan

Aug. 30, 2016
By Daniel A. Farber

A recent 7th Circuit's decision strengthens the argument for the Clean Power Plan, the Obama administration's most important c...


The hidden costs of mass tort cases can sink your firm

Aug. 30, 2016
By Brian S. Kabateck, Drew Ferrandini

At first glance, it may seem like participating in an established, coordinated proceeding for a defective drug or device is a ...


Law Practice, Criminal

Can you name that motion?

MCLE
Aug. 29, 2016
By Gregory L. Prickett

Take a look at this non-exhaustive list, and then test yourself on how many of the motions you remember. Earn MCLE, too. ...


GC Email

In pursuing the collaborations necessary for the advancement of personalized medicine, there are serious and complex legal par...


GC Email

Mexico commits to reining in corruption

Aug. 27, 2016
By Neal Stephens

Last month, Mexican President Enrique Peña Nieto approved Mexico's new national anti-corruption system, declaring that he is "...


Perspective

Five decades ago, Professor Herbert McClosky demonstrated that the general public's commitment to democratic values was weaker...