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Bankruptcy

Court says Bankruptcy Code trumps NLRA

Feb. 10, 2016
By David S. Kupetz

In the recent Trump Entertainment Resorts case, the 3rd Circuit addressed two potentially conflicting provisions of fed...


Perspective

California's affordable housing reality

Feb. 10, 2016
By Christopher Thornberg

California's lack of "affordable" housing has been the focus of a flurry of policy proposals aimed at increasing the stock of ...


Perspective

In the 1990s, California voters were duped into dismantling the rights of innocent people injured by the fault of another. By ...


Criminal, Health Care & Hospital Law

Pain pill doctor's conviction is a first

Feb. 10, 2016
By Bruce G. Fagel

A jury recently found Dr. Hsui-Ying Tseng guilty of murder for deaths of three of her patients, who all died from drug overdos...


Criminal

Bill could help rape victims, among others

Feb. 9, 2016
By Betsy Butler

Approximately 300,000 people are raped or sexually assaulted in the U.S. each year, according to DOJ statistics. By Betsy Butl...


California Courts of Appeal

What should you do about undisclosed witnesses?

Feb. 9, 2016
By Melissa R. McCormick

The Court of Appeal recently held that exclusion of a party's witness for failure to identify the witness in discovery is appr...


Perspective

The world of data privacy and cybersecurity in the European Union has become awash with new regulation and other fundamental c...


Mergers & Acquisitions

Delaware reining in deal litigation?

Feb. 9, 2016
By Katherine Henderson

In the past decade, over 90 percent of announced public deals have been challenged by stockholders, sometimes only hours after...


Constitutional Law, U.S. Supreme Court

Electronic evidence laws raise questions

Feb. 9, 2016
By Brian M. Hoffstadt

On Jan. 1 of this year, two new laws, the California Electronic Privacy Act and Assembly Bill 929, took effect. ...


Perspective

The latest edition of "Trade Secret Litigation and Protection in California" is a worthy paperback to add to your collection o...


Labor/Employment

Lack of clarity over 'employee' definition

Feb. 6, 2016
By Daniel H. Handman

Surprisingly or not, Congress made no effort to set the contours of what constitutes an "employee" in many of the laws governi...


Criminal

Navigating e-discovery in criminal cases

Feb. 6, 2016
By A. Marco Turk

Lest anyone think the brave new world of e-discovery with its considerable complications for the unwary and unprepared is sole...


Ethics/Professional Responsibility

Disqualified? No fees for your firm!

Feb. 6, 2016
By Alison Buchanan

Last week, the 2nd District Court of Appeal certified for publication a decision reversing an arbitration award of $1.3 millio...


Perspective

Good for energy costs, and our climate

Feb. 6, 2016
By Allison Clements

It's not often that members of the real world, even the regulatory world, stop to pay attention to a court case involving the ...


Employee Benefits

The IRS recently issued guidance that clarifies when amendments to a Section 401(k) safe harbor plan may be adopted after the ...


Law Practice, Transportation

What's next for oil's new economy?

Feb. 5, 2016
By Jonathan A. Michaels

There are few commodities in the world that affect daily life like oil. So when the price of oil drops, its impact ricochets t...


Perspective

We need to rethink the H-1B, H-4 visa dynamic

Feb. 5, 2016
By Stewart Chang

This article examines gaps in the laws governing H-1B and H-4 visas that need to be addressed. By Stewart Chang ...


Government

The Latino community's challenge

Feb. 5, 2016
By James Cooper

The battle between Republican presidential hopefuls Ted Cruz and Marco Rubio has shown that the Latino community is anything b...


In a recent case, the California Court of Appeal deemed a defendant's confession involuntary when law enforcement officers mad...


Ethics/Professional Responsibility

Law firms in the market for liability insurance should approach the process like a business deal; it is an ongoing relationshi...


Perspective

Cyber coverage case examines sublimits

Feb. 4, 2016
By Jan A. Larson

Law firms in the market for liability insurance should approach the process like a business deal; it is an ongoing relationshi...


Ethics/Professional Responsibility

How to survive your next cocktail party

Feb. 4, 2016
By Heather L. Rosing

Prudent practitioners need to be aware of the law of ethical rules governing "cocktail party" situations to avoid inadvertentl...


Intellectual Property

Street artists increasingly asserting rights to works

Feb. 4, 2016
By Scott Alan Burroughs

Once considered a symptom of urban blight, graffiti is now a respected art form. As the popularity of street art has increased...


Alternative Dispute Resolution

In 2009, I wrote a column based on a letter from the State Bar stating that they do not consider mediation as the practice law...


Ethics/Professional Responsibility, Law Office Management, Law Practice, Mergers & Acquisitions

What to consider when negotiating a hire or merger

Feb. 4, 2016
By J. Randolph Evans, Shari L. Klevens

In previous generations, attorneys stayed at one law firm for their duration of their career, but as firms grow and expand, at...


Perspective

In broad terms, the RLUIPA prohibits religious discrimination or imposition of "substantial burdens" on religious exercise and...


Perspective

Who actually owns street art?

Feb. 3, 2016
By Peter Salib

Street art, to quote "Zoolander," is "so hot right now," with artists like Banksy, Basquait and Fairey fetching millions. By P...


Criminal, U.S. Supreme Court

In Hurst v. Florida, the court held that Florida's death penalty scheme, which it has repeatedly upheld since 1976, was...


Perspective

James Madison provided the framework to fix the financing of campaigns over 250 years ago. By Nicholas Warshaw ...


Administrative/Regulatory

Street trees threaten homeowners

Feb. 2, 2016
By Steven S. Kimball

Last week, the San Francisco Chronicle published an article about homeowners' resentment of San Francisco's "relinquishment pr...