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U.S. Supreme Court, Letters, Labor/Employment

Oh, the irony in Gould's Friedrichs column

Apr. 7, 2016
By Anthony P. Raimondo

I would have been more amused by Professor William Gould's column about union agency fees in light of the Friedrichs v. Cal...


Perspective

Briefing order further muddles contraception fight

Apr. 7, 2016
By Leslie C. Griffin

Last week, the U.S. Supreme Court requested supplemental briefing in Zubik v. Burwell, the seven consolidated cases involving ...


Civil Litigation

Can fees influence punitive damages?

Apr. 7, 2016
By Fred J. Hiestand

When attorney fees are awarded the plaintiff in his suit against his insurance company for its "bad faith" handling of his cla...


Perspective

Autonomous cars have finally arrived

Apr. 6, 2016
By Jonathan A. Michaels

In many ways, this is a day few historians thought would ever come. Car companies have been talking about the self-driving car...


U.S. Supreme Court

Supreme Court left unresolved questions in Tyson

Apr. 6, 2016
By E. Crystal Lopez

The court recently declined to reach a question regarding standing that leaves the door open to future attacks by class action...


Securities, Government, Corporate, Administrative/Regulatory

U.S. law enforcement's ongoing campaign against international money laundering and terrorist financing has just crossed into n...


Intellectual Property

Can a computer be an inventor?

Apr. 6, 2016
By Helen Li

Could a computer qualify as an inventor of an invention when it solves a problem identified by a human? By Helen Li ...


Perspective

The real 'Supreme Court'

Apr. 5, 2016
By David M. Balabanian

Lesson learned: In most litigation, the tribunal you ultimately need to persuade is opposing counsel. By David M. Balabanian ...


Labor/Employment, Government

Businesses can't afford higher minimum wage

Apr. 5, 2016
By Michael Saltsman

Gov. Jerry Brown's $15 statewide wage deal reached last weekend was described by the Los Angeles Times as "political pragmatis...


Perspective

Three prominent pending cases will test the contours of computer crime and fraud insurance policies. By Mark P. Gaber and Jan ...


Perspective

Politics don't decide all the hard cases

Apr. 5, 2016
By Courtney J. Linn

Last week, the U.S. Supreme Court ruled that a criminal defendant has a 6th Amendment right to spend her own money to hire a l...


Judges and Judiciary

The illusion of power

Apr. 5, 2016
By Arthur Gilbert

Justice Arthur Gilbert ponders the meaning of power in general. His rhythmic conclusion? Power is an illusion. ...


Civil Litigation, Alternative Dispute Resolution

Arbitrator awards are extended great deference... usually

Apr. 2, 2016
By Peter R. Boutin, Alexander J. Bukac

As most litigators are aware, the overwhelming majority of courts manifest substantial deference to arbitrator's decisions in ...


Civil Litigation

Until a recent e-discovery event, I had thought I was up to date on the new developments in this field ...


Judges and Judiciary, Ethics/Professional Responsibility

Just in time for election season, the California Supreme Court's Committee on Judicial Ethics Opinion has adopted a formal eth...


Perspective

Put a spotlight on judicial discipline

Apr. 2, 2016
By Joe Sweeney

Judicial misconduct is one of the most important, under-investigated and underreported issues affecting Californians. By Joe S...


U.S. Supreme Court, Labor/Employment

What's next for unions after Friedrichs tie?

Apr. 2, 2016
By William B. Gould IV

On March 28, the U.S. Supreme Court affirmed by a tie vote adherence to stare decisis, or precedent -- in this case, upholding...


Perspective

Without immediate action, the number of cases pending before the immigration courts nationwide will exceed 500,000 by the end ...


Appellate Practice

While the pre-trial period in many civil cases is relatively short due to fast-track rules, dissolution of marriage and other ...


Administrative/Regulatory

FTC reins in #misrepresentation

Apr. 1, 2016
By Mary Ellen Callahan, Emily Bruemmer

Lord & Taylor's social media campaign to promote a dress from its new "Design Lab" collection made a splash on Instagram i...


Perspective

Blunders in haste to win wage race

Apr. 1, 2016
By Iris R. Kokish

True to form, California stands ready to enact yet another great legal experiment by leading the charge into the realm of the ...


Corporate

Companies should note joint AKS, FCPA action

Apr. 1, 2016
By David Kirman

This month, the DOJ announced two deferred prosecution agreements to resolve criminal charges under the Anti-Kickback Statute ...


Last week the 9th U.S. Circuit Court of Appeals issued a short order remanding one of the three main challenges to the NSA's M...


U.S. Supreme Court

Court splits begin to roll in

Mar. 31, 2016
By Angela E. Kleine

Last week, and again Monday, the U.S. Supreme Court split 4-4.


New amendments to California's Fair Employment and Housing Act employment anti-discrimination and harassment regulations go in...


Family

New case may expand grandparent visitation rights

Mar. 30, 2016
By Navid Moshtael

The understanding in the state of California has long been that grandparent visitation rights are limited. But there is always...


Insurance

What are 'reasonable expectations'?

Mar. 30, 2016
By Rex Heeseman

How should an ambiguity argument be evaluated in insurance cases?


Labor/Employment

On March 24, the Department of Labor issued a final rule that will require employers to file public reports with the DOL when ...


Corporate

The role of general counsel in M&A

Mar. 30, 2016
By Randy Mehrberg

The general counsel is essential to a successful transaction. Together, the CEO, CFO and GC are strategic deal leaders and the...


Constitutional Law

Federal authority over navigable waters

Mar. 30, 2016
By Miyoko Sakashita

A recent Supreme Court ruling prompted a knee-jerk proclamation of victory by some hoping to ultimately curtail the federal go...