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Administrative/Regulatory, Government, Health Care & Hospital Law

Senators duel over health care

Jul. 27, 2017
By Michael C. Parme

While Senate Majority Leader Mitch McConnell indicated that the Senate would vote on health care legislation on Tuesday, it wa...


Constitutional Law, U.S. Supreme Court

Turning takings law into hash

Jul. 26, 2017
By Michael M. Berger

Instead of clarity, at the end of its last term the Supreme Court gave us more vague issues that will engender years of litiga...


Administrative/Regulatory, Government

Don’t expect e-cigarette regulations anytime soon

Jul. 26, 2017
By Gregory L. Bentley, Matthew Clark

How can such an industry exist without any regulatory control? Enter Big Tobacco.


Alternative Dispute Resolution, Corporate

Can ‘class arbitration’ even be legally mandated?

Jul. 26, 2017
By Ronald W. Novotny, Shawn M. Ogle

The 2nd Circuit stated that the issue was whether the arbitrator had the authority to certify a class which included absent cl...


California Supreme Court, Corporate, Labor/Employment

Employers in the position of having to defend against a PAGA claim will likely be compelled to produce state-wide employee con...


Government, Intellectual Property, U.S. Supreme Court

The three branches need to improve the operation of the system with surgical strikes, best done by the courts for the most par...


California Supreme Court, Government

Leaner bar is good for attorneys and the public

Jul. 25, 2017
By David A. Carrillo, Stephen M. Duvernay

Last week the Assembly and Senate judiciary committees approved amendments to a bill (Senate Bill 36, Jackson) that would make...


This dividing line may sound simple, and it can be. Yet there are many tax disputes over these kinds of issues. Then, when you...


Corporate, Mergers & Acquisitions, Securities

Private equity deal execution and operations strategy

Jul. 25, 2017
By Sara L. Terheggen

Targets are increasingly questioning how quickly a deal can get done and what private equity sponsors can do in terms of opera...


Civil Rights, Criminal, Government

Sessions ends Holder’s civil forfeiture policy

Jul. 25, 2017
By David B. Smith

The DOJ’s door is once again wide open to requests by state and local law enforcement to take over their smallish and often we...


Corporate

The lines between work and home, and between business and personal, have become so blurred that we must to reevaluate a bright...


Civil Rights, Criminal, Government, Judges and Judiciary

It’s high time California reforms bail system

Jul. 24, 2017
By Margaret Dooley-Sammuli

Money bail has created a two-tiered system of justice where someone’s release is determined largely by their ability to pay ba...


Criminal, Government

The lies behind Props 47 and 57

Jul. 24, 2017
By Michele A. Hanisee

Politics will never exist without spin doctors. Yet, as cynical as our political system has become, recent ballot measures sol...


9th U.S. Circuit Court of Appeals, Appellate Practice, Banking

Who is going to mind the banks now?

Jul. 24, 2017
By Polly Estes

In the wake of the mortgage crisis, legislatures began enacting statutes to prevent it from happening again. There are now spe...


9th U.S. Circuit Court of Appeals, Civil Rights, Constitutional Law, Criminal, Government

ADA accommodation for arrestees remains unclear

Jul. 24, 2017
By Dennis M. Cota

Pending more instructive precedent, the issue of ADA accommodation for arrestees poses a challenging and as yet insufficiently...


Administrative/Regulatory, Government, Tax

Questions raised regarding the charitable activities of ardent Trump supporter and defender, Jay Sekulow. Also, new regulation...


Judges and Judiciary

Appointment of discovery referees

MCLE
Jul. 24, 2017
By Patricia M. Lucas, Gary Nadler

Learn about the source of a court’s authority to appoint a referee, the scope of referee appointment orders, and referees’ pow...


If someone forgives your debt so you do not have to pay back the lender, isn’t that always a good thing? Yes, but generally no...


Administrative/Regulatory, Judges and Judiciary, Transportation

Traffic offenses and common defenses

Jul. 21, 2017
By Gus Gomez

Summer is here — though it’s almost gone again. This often means more drivers on the road taking advantage of the school break...


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

State Bar bill will benefit us all

Jul. 21, 2017
By William N. Hebert

On July 17, the State Assembly Judiciary Committee unanimously voted in favor of Senate Bill 36, which changes the form and fu...


Ethics/Professional Responsibility, Law Office Management, Law Practice

Law firm cybersecurity: It’s a big deal

Jul. 21, 2017
By J. Randolph Evans, Shari L. Klevens

All law firms should be acutely aware by now of the risks posed by hackers. There have been numerous highly publicized hacking...


Administrative/Regulatory, Books, Corporate, Criminal, Government

The Chickenshit Club

Jul. 21, 2017
By Jesse Eisinger

In his new book “The Chickenshit Club” — an inside reference to prosecutors too scared of failure and too daunted by legal imp...


State Bar & Bar Associations, California Supreme Court, Constitutional Law, Criminal

Grading the revised special prosecutor rule

Jul. 20, 2017
By Gary Schons

Last October, the State Bar of California sent to the California Supreme Court, on an expedited basis, Proposed Rule 5-110, mo...


9th U.S. Circuit Court of Appeals, Constitutional Law

9th Circuit cuts public out of free speech case

Jul. 20, 2017
By Paul Alan Levy

The Court of Appeals has announced that it will consider a significant free speech issue bearing on the rights of anonymous in...


Before recently issued Treasury regulations, it was unclear whether issuing equity to an employee of a disregarded entity and ...


Administrative/Regulatory, Corporate

Unintended Green Chemistry consequences

Jul. 20, 2017
By Daniel J. Herling

As more priority products are determined, these regulatory obligations will certainly cause manufacturers to spend time and re...


Administrative/Regulatory, Corporate

Cannabis at work: What California employers need to know

Jul. 19, 2017
By Arthur F. Silbergeld, Michael Rosenblum

The legalization of cannabis in California raises significant questions as to whether employers can enforce policies prohibiti...


Family

Look out for warning signs in family court

Jul. 19, 2017
By Maya Shulman

A Texas judge recently observed that in criminal court, you get bad people at their best; in family law, you get good people a...


California Courts of Appeal, California Supreme Court

Executive order does not set emissions standards for EIRs

Jul. 19, 2017
By Phillip H. Babich, Emily F. Lynch

Last week, the California Supreme Court said an environmental impact report for a regional transportation plan is not required...


Constitutional Law

Machine testimony and the law of evidence

Jul. 19, 2017
By Andrea Roth

Courts are forced to shoehorn machine claims into existing rules built for human testimony, with results that are often awkwar...