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U.S. Supreme Court

As the administrative state has expanded, so too has the importance of the Freedom of Information Act. FOIA ensures public scr...


Tax, Civil Litigation, Books

Rob Wood’s treatise, “Taxation of Damage Awards & Settlement Payments,” has long been the go-to guide for tax issues surro...


Alternative Dispute Resolution

When appropriate, a mediator’s proposal can be deployed to great effect. But it’s just one tool at a mediator’s disposal.


Law Practice, Ethics/Professional Responsibility, California Courts of Appeal

Adjudicating attorney fee disputes: A new Pech-ing order

Mar. 18, 2021
By Patrick M. Maloney, Carl I.S. Mueller

A recent appellate ruling grants an advantage to attorneys caught up in fee disputes.


Technology, Law Practice

There is an ongoing theory that the mind has a twofold capacity of thinking fast and thinking slow. This controversial and arg...


Law Practice

Advocatus diaboli: Solving problems of case evaluation

Mar. 18, 2021
By Curtis E.A. Karnow

Good lawyers discuss the negatives with clients; but that is tough to do with some clients at the same time as billing the hou...


Criminal, Appellate Practice

Man eavesdrops on himself with prostitutes; conviction upheld

Mar. 18, 2021
By Dmitry Gorin, Alan Eisner

An appellate court upheld the conviction of a man found guilty of violating anti-wiretapping laws by filming himself with pros...


Labor/Employment, Government

The PRO Act and the future of American labor law

Mar. 18, 2021
By Mark S. Spring

It would be the most comprehensive piece of labor legislation to be enacted since 1935, when the National Labor Relations Act ...


U.S. Supreme Court, Constitutional Law

The U.S. Supreme Court addressed the question whether nominal damages for a past violation of legal rights satisfies the redre...


Law Practice, Family, California Courts of Appeal

Incivility ruling has implications for divorce litigators

Mar. 17, 2021
By Franklin R. Garfield

As the court held: “Trial judges deciding motions for attorney fees properly may consider whether the attorney seeking the fee...


U.S. Supreme Court, Intellectual Property, Constitutional Law

Earlier this month, the U.S. Supreme Court heard oral arguments in a case that has the potential to upend thousands of decisio...


Environmental & Energy

At the end of last year, the Chicago Mercantile Exchange (the “Merc”) began allowing trading of water futures through a new fu...


Law Practice

Law firm reliance on technology has opened the door for things more sinister and new cyberthreats targeting law firms may be p...


Negligence Claims Under California Law Encompass a Broader Spectrum of Conduct Than Excessive Force Claims Under the Fourth Am...


Government, Constitutional Law

Eliminate the filibuster

Mar. 16, 2021
By Erwin Chemerinsky

The United States is a democracy, and the majority should govern.


Criminal

Instructions given to Chauvin jurors are vital

Mar. 16, 2021
By V. James DeSimone

It is often said that picking a jury is the most important part of the trial. In the case of the Minnesota v. Chauvin, the sec...


Real Estate/Development, Land Use, Government

Neighborhood Law Programs are a way to get young lawyers experience to deal with nuisances that senior attorneys do not have t...


Criminal, California Supreme Court

The unknowable weight of separateness

Mar. 16, 2021
By Brian M. Hoffstadt

The separation of powers doctrine has been described by the courts as both “important” and “fundamental.” But how important is...


Law Practice, Ethics/Professional Responsibility

The California Lawyers Association recently issued its first formal advisory opinion tackling the practical issue of what cons...


Law Practice, Appellate Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato.


Law Practice, Civil Litigation

These days most lawsuits settle in the trial court and therefore never go up on appeal. Code of Civil Procedure Section 998 is...


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

The tension between the definition of public injunctive relief — a remedy that inures primarily to the benefit of the general ...


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

A fundamental aspect of private property is that the owner can choose whom to let onto the property and who to exclude as a tr...


Law Practice, Ethics/Professional Responsibility

Ethical billing: avoiding scum and villainy

MCLE
Mar. 12, 2021
By Brandon Krueger

To paraphrase Obi Wan Kenobi, in the hands of unscrupulous and unethical attorneys, legal billings can be a wretched hive of s...


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

California’s groundbreaking gender parity law for public company boards is the subject of two legal challenges, one of which c...


Law Practice, Law Office Management

What is your law firm really worth?

Mar. 12, 2021
By Daniel O'Rielly, Dena Roche

In our practice advising California law firms, one of the questions we hear most often from our clients, in some form or anoth...


Law Practice, Alternative Dispute Resolution

When does it make sense and how to get a special master?

Mar. 12, 2021
By Daniel B. Garrie, Gail A. Andler

Special masters are nominated by counsel or appointed through a court, arbitrator or other decision-making body with a mandate...


Letters, Judges and Judiciary

People with disabilities who make up 20% of California’s population are not being proportionately appointed to the California ...


Family

Was it a gift, or wasn’t it?

MCLE
Mar. 11, 2021
By Scott J. Nord

If both the common and legal meaning of “gift” are the same, why are gifts given during marriage not always a gift? Because in...


Criminal

On Feb. 26, Judge Amy Berman Jackson granted Sherwin’s motion, and entered an order vacating the court’s earlier decision dire...