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Corporate

Guidance on corporate governance

Sep. 26, 2017
By Sara L. Terheggen

In the wake of increasing financial volatility, internal company scandals and difficulties associated with meeting performance...


Many liability policies require the satisfaction of a designated dollar amount, usually described as a “self-insured retention...


Constitutional Law, Immigration, U.S. Supreme Court

Supreme insights from the travel ban

Sep. 25, 2017
By Anna-Rose Mathieson

The fast-paced litigation surrounding the travel ban provides some takeaways about Supreme Court practice.


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

Anti-discrimination laws in jeopardy across the board

Sep. 25, 2017
By Sanford Jay Rosen, Andrew G. Spore

Advocates for a religious scruples exception to the Colorado law at issue in the Masterpiece Cakeshop case ignore the lost lib...


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

Government shouldn’t tell us what to support

Sep. 25, 2017
By William J. Becker Jr.

The Supreme Court should use the Masterpiece Cakeshop case to bring clarity to the collision of rights public accommodation la...


California Supreme Court, Constitutional Law

Carpenter v. United States implicates what is known as the third-party doctrine, under which any information voluntarily provi...


Judges and Judiciary, Law Practice, Civil Litigation

Anti-SLAPP motions and attorney fees

MCLE
Sep. 25, 2017
By Matthew Ross

The objective of this article and self-study test is to familiarize bench officers and attorneys with awards of attorney fees ...


Administrative/Regulatory, Tax

Bitcoin and other cryptocurrency loan tax risks

Sep. 25, 2017
By Robert W. Wood, Dashiell C. Shapiro


Law Practice

Is your law firm thinking about ‘cyber kinetic’ attacks?

Sep. 25, 2017
By Daniel B. Garrie, Yoav Griver

Attorneys should weigh cyber threats more heavily when accounting for risk in contracts and in advising their clients


Constitutional Law, Letters, U.S. Supreme Court

Celebrate the Constitution by honoring its text

Sep. 25, 2017
By Richard A. Nixon

A recent article by Mr. Thomas M. Hall, “Our Flawed Millennial Founders,” begins by noting that our Founding Fathers included ...


Corporate, International Law, U.S. Supreme Court

Looking abroad for legal answers

Sep. 22, 2017
By Beth Van Schaack

In Jesner v. Arab Bank, the U.S. Supreme Court will consider whether the Alien Tort Statute can be invoked against corporate d...


Constitutional Law, U.S. Supreme Court

High court should hear surveillance case

Sep. 22, 2017
By Andrew Crocker

Over the summer, Oregon federal public defenders asked the U.S. Supreme Court to review Mohamud v. United States, a terrorism ...


California Supreme Court, Constitutional Law, Native Americans

If the constitutional guarantee of equal protection is to mean anything, then no child should face a different standard of law...


Alternative Dispute Resolution, Corporate, Civil Litigation

Tell the truth or face the consequences. For Foot Locker Retail Inc., the consequences are to pay employees $180 million. That...


California Supreme Court, Ethics/Professional Responsibility, Law Practice

Keeping bills confidential isn’t a game

Sep. 22, 2017
By Allen Michel

Last year, the California Supreme Court signaled, for the first time, that some confidential communications may somehow lose t...


Constitutional Law, Government, U.S. Supreme Court

Gerrymandering goes to Washington

Sep. 21, 2017
By Rex S. Heinke, Sina Safvati

Many suspect Gill v. Whitford may be one of the reasons Justice Anthony Kennedy decided to remain on the bench — it would give...


9th U.S. Circuit Court of Appeals, California Supreme Court, Labor/Employment, U.S. Supreme Court

Workers must be able to join together to fight injustice

Sep. 21, 2017
By Joe Sellers, Shaylyn Cochran

In each of three cases — Epic Systems Corp. v. Lewis; Ernst & Young v. Morris and NLRB v. Murphy Oil USA, Inc. — an employ...


California Supreme Court, Civil Litigation, U.S. Supreme Court

Court can clarify tolling of state law limitations

Sep. 21, 2017
By Jason D. Russell, Hillary A. Hamilton

In Artis v. District of Columbia, the U.S. Supreme Court will get a chance to clarify a federal statute of limitations law gov...


Constitutional Law, Criminal, U.S. Supreme Court

4th Amendment should protect cellphone data

Sep. 21, 2017
By Marianna Khoury

Do you carry a cellphone? If so, the U.S. Supreme Court is about to decide a case that could affect your privacy rights: Carpe...


9th U.S. Circuit Court of Appeals, California Supreme Court, Labor/Employment, U.S. Supreme Court

Horton hears a death knell

Sep. 21, 2017
By Kenneth D. Sulzer, Steven B. Katz

Even if the court is unwilling to hold that the FAA trumps the NLRA in a series of consolidated cases — Epic Systems Corp. v. ...


9th U.S. Circuit Court of Appeals, Constitutional Law, Environmental & Energy, Civil Litigation

Foie gras ban injunction struck down, now what?

Sep. 20, 2017
By Pooja S. Nair

An opinion by the 9th U.S. Circuit Court of Appeals just gave us the next chapter in a tumultuous saga surrounding California'...


Ethics/Professional Responsibility, Law Practice

All lawyers should make a habit of checking for conflicts

Sep. 20, 2017
By J. Randolph Evans, Shari L. Klevens

After working hard to bring in a new client or a new matter, many attorneys find it difficult to accept the possibility of los...


Real Estate/Development

A primer on how the attorney-client privilege functions in the realm of trust administration. By Benjamin D. Fox


9th U.S. Circuit Court of Appeals, Administrative/Regulatory, Environmental & Energy, Government

The muddy waters of the US

Sep. 19, 2017
By Michael F. Wright

How should the 9th Circuit decide the Rapanos/Marks/Davis issues in Robertson? It should recognize that Davis’s implicit-conse...


Books, Criminal, Government, International Law

The internet and its dark doppelgänger

Sep. 19, 2017
By Richard Wirick

A little before our recent H-bomb dustups with Kim Jong Un, we suffered an attack, if not a small war, with the mysterious lea...


Administrative/Regulatory, Banking, Government

Equifax hack exposes some serious regulatory cracks

Sep. 19, 2017
By Anita Taff-Rice

The Fair Credit Reporting Act does not require the same level of privacy and security measures by credit bureaus as it does of...


Administrative/Regulatory, Corporate, Environmental & Energy

Child product regulation is test case for all manufacturers

Sep. 19, 2017
By Karen M. Sullivan, Stephanie Rothberg


Administrative/Regulatory, U.S. Supreme Court

Hack may be first major test of Spokeo ruling

Sep. 19, 2017
By Everett Monroe

This will be the first major data breach case to address the implications of standing that resulted from the Supreme Court’s d...


Appellate Practice, California Supreme Court, Civil Litigation

Can you DIG it, California Supreme Court?

Sep. 18, 2017
By Myron Moskovitz

Not long ago, the California Supreme Court came down with a rather strange decision. What was strange was not the holding, but...


California Supreme Court, Constitutional Law, Labor/Employment, U.S. Supreme Court

Collective bargaining squares off against arbitration

Sep. 18, 2017
By Brian S. Kabateck, Natalie S. Pang

In its October term, the U.S. Supreme Court will revisit whether the collective bargaining provisions of NLRA prohibit enforc...