Corporate, Administrative/Regulatory
Guidance for developing third-party messaging app policies
By Jack P. DiCanio, Emily A. Reitmeier
In 2019, the Department of Justice announced an important change to its Foreign Corrupt Practices Act Corporate Enforcement Po...
Probate, Family
Zappos CEO’s lack of estate planning could lead to years in probate court
By Scott E. Rahn
Just weeks ago, Tony Hsieh was a vibrant, fun-loving man worth around $700 million, with friends and family relying on him for...
Government, Criminal
Gascón commits to massive changes in criminal sentencing
By Dmitry Gorin, Alan Eisner
Under the new policies, both defendants whose cases are pending in criminal court and those who have already been sentenced ca...
Government, Criminal
Gascón can’t do it alone, LA leaders need to step up
By Lou Shapiro
George Gascón was just sworn in on Monday as the new district attorney of Los Angeles, and he has already issued many sweeping...
Government, Administrative/Regulatory
Change in store for the FCC as the Pai era comes to an end
By Scott Delacourt, Shawn Chang
Chairman Pai’s successor — whoever that may be — will wrestle with many of the same problems but is likely to pursue very diff...
U.S. Supreme Court, Constitutional Law
Labor laws and property rights at the Supreme Court
By Bryan W. Wenter
The U.S. Supreme Court will soon decide a case dealing with the intersection of labor union organizing laws and property rights.
Utilizing a popular and famous doctrine of the law, it is possible to mindfully consider how artificial intelligence might bec...
Real Estate/Development, Covid Columns
It takes 2 to tango: Commercial lease renegotiation in the age of COVID
By Tom Turner
As the revenue-strained months march on, the pressure on budgets of law firms and other users of commercial real estate contin...
Tax, Law Practice
Year-end invoices, payments and tax deferral, oh my! A guide for lawyers
By Robert W. Wood
Year-end is always a stressful time, even in a normal year. Amidst year-end invoicing, collections, bonuses to consider, offic...
Real Estate/Development, Law Practice, Judges and Judiciary
Our leaders must step up and end eviction trials now
By Adam Murray
Across the country, most judicial proceedings have ground to a halt. But not eviction cases.
Civil Litigation, California Supreme Court
A few 2020 California Supreme Court cases for civil litigators
By Gary A. Watt, Maribel Lopez
Three important decisions for California civil litigators to review.
Government
Trump sued for violating the Presidential Public Records Act
By John H. Minan
The act exists for a simple reason: To ensure a complete and accurate record of historically valuable presidential records.
Criminal, California Courts of Appeal
Legal pot isn’t probable cause for a vehicle search
By Dmitry Gorin, Alan Eisner
An appellate court recently ruled that the plain language of the law prevents the presence of marijuana, by itself, from const...
Labor/Employment, Entertainment & Sports, Civil Litigation
US Women’s Soccer case goes into extra time after settlement
By Garrett R. Broshuis
On Dec. 1, the players and U.S. Soccer Federation — against whom the case is brought — agreed to partially settle the case so ...
Uncle Sam was a big client this year
By Karl Olson
As year-end approaches, many law firms start crunching numbers and figuring out who their biggest client or source of revenue ...
We are becoming familiar with the terms post-traumatic stress disorder, traumatic brain injury and military sexual trauma. But...
Tax
Internal Revenues Service finalizes Section 1031 real property definition
By Phil Jelsma
On Nov. 25, the Internal Revenue Service finalized its proposed Section 1031 regulations, issued on June 12.
U.S. Supreme Court, Constitutional Law, Administrative/Regulatory
High court should require agencies to be transparent about decision-making
By Damien M. Schiff, Charles Yates
In a recent case the Supreme Court must grapple with a question of fundamental importance to any system of popularly accountab...
Corporate
Institutional investors’ role in diversifying boardrooms
By Teresa L. Johnson, Amy V. Endicott
In the past three years, California has made headlines for requiring the boards of publicly traded companies headquartered in ...
Granted, I made a big deal about my 300th column. When I brought it up in conversation, others would change the subject. I ack...
Law Practice, Appellate Practice
Appellate Adventures, Chapter 14: "More Tips on Writing the Argument"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato.
Government, Constitutional Law, Administrative/Regulatory
High court should clarify that agencies cannot break the law without consequence
By Jeffrey McCoy
To ensure that agencies act within the law’s confines, courts, especially the Supreme Court, must hold those agencies accounta...
Immigration, Government
Biden-Harris administration priorities for rebuilding the asylum system
By Blaine Bookey
Over the last four years, the Trump administration has all but eliminated asylum protection in the United States.
Labor/Employment
Key COVID-19 points for employers to keep in mind in 2021
By Shaye N. Schrick
Employers must continue to navigate the various intertwining — and sometimes contradictory — employment laws affecting their w...
Law Practice, Ethics/Professional Responsibility
Catch the client’s eye: The evolution of trade names in the law
By Heather L. Rosing, David M. Majchrzak
A century ago, lawyer advertising was widely considered to be unprofessional and uncouth. In keeping with this, most law pract...
Government
Time to amend the Presidential Transition Act of 1963
By Mathew S. Rosengart
There are typically about 5,000 federal job openings that a new administration needs to fill; prospective Cabinet and sub-Cabi...
Civil Litigation
Mastering the use of special masters in complex civil cases
By Daniel B. Garrie, Gail A. Andler
lack of proper judicial management could cause these cases to place unnecessary burdens on the court or the litigants, raise ...
Law Practice, Ethics/Professional Responsibility
Ethical online marketing for lawyers during the COVID-19 pandemic
By Kristen Marquis Dennis
One day in March, everything changed. Governor Gavin Newsom declared a state of emergency in California and implemented a stat...
Law Practice
Thankfulness during the pandemic for California lawyers
By Shari L. Klevens, Alanna G. Clair
Here are four ways that the legal profession has changed for the better this year.
Constitutional Law, Civil Litigation, California Courts of Appeal
A plea for publication: ruling on common takings issue
By Michael M. Berger
The case warrants the publicity of publication because it discusses an issue that arises with some regularity, but does not us...