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Civil Litigation, Law Practice

Social media discovery: 20 commonly asked questions (Part 1)

MCLE
Apr. 1, 2019
By Peter R. Boutin, George A. Croton

Unfortunately, courts, legislatures and practitioners have struggled in developing cohesive guidelines for keeping up with the...


Civil Litigation, Labor/Employment, California Courts of Appeal

Minimum wage applies to charter cities and all counties

Apr. 1, 2019
By Peter J. Brown, Megan Atkinson

A recent Court of Appeal ruling held that California’s state minimum wage applies to all public employers, including charter c...


Tax, Civil Litigation

The new tax math under President Donald Trump’s tax bill can be onerous.


Labor/Employment

As the gig economy continues to expand and businesses grapple with remaining legally compliant with the ever-evolving employme...


Law Practice, Ethics/Professional Responsibility

My big mouth!

MCLE
Mar. 29, 2019
By Neville L. Johnson, Douglas L. Johnson

Much of an attorney’s job is communication—but when can legal communication result in liability?


Civil Litigation, Law Practice, Alternative Dispute Resolution

In view of their existing budgetary constraints and limited resources, superior courts are incentivized to do everything in th...


Civil Litigation, Letters

Selective application of amendments to states no longer a viable argument

Mar. 29, 2019
By Bruce M. Brusavich, Robert S. Peck

Recent attempts to defend MICRA fall short.


Alternative Dispute Resolution

Moral disengagement and the college admissions scandal

Mar. 29, 2019
By Phyllis G. Pollack

With an understanding of moral disengagement, one can be better equipped to respond and work with parties to reach a just reso...


Law Practice, Ethics/Professional Responsibility

How to effectively address conflict issues in advance

Mar. 29, 2019
By David M. Majchrzak, Heather L. Rosing

Ironically, the risk of having an ineffective waiver is even greater when lawyers try to get out in front of the issue and obt...


Civil Litigation, Letters

In the first case upholding MICRA, the California Supreme Court quoted the preamble to MICRA, and it’s an important point.


Government, Environmental & Energy, Administrative/Regulatory

Agencies finally begin to address dangers of PFAS

Mar. 28, 2019
By Steven H. Goldberg, Leila Bruderer

This article provides background on polyfluoroalkyl substances, highlights recent regulatory developments and raises, as yet, ...


Labor/Employment, Government, Administrative/Regulatory

Under current regulations, employees primarily engaged in executive, administrative, or professional duties, and who receive ...


Civil Litigation, Intellectual Property

Secondary meaning

Mar. 28, 2019
By Victoria Burke

For the TL/DR audience, the takeaway from a recent trademark case brought by Converse is that when it comes to the importance ...


Government, Criminal

A sex work bill we can agree on

Mar. 28, 2019
By Jerald Mosley

Regardless of one’s legal, philosophical or moral views on sex work itself, it is not difficult to conclude that something has...


Government, Administrative/Regulatory

Deputy Associate Attorney General Stephen Cox recently highlighted and clarified several recent U.S. Department of Justice pol...


Government, Administrative/Regulatory

A hodge-podge: That's the current U.S. data privacy regime.


Government, Constitutional Law

Panel hears arguments over Trump tweets

Mar. 27, 2019
By John H. Minan

On Tuesday, a panel of federal appellate judges considered free speech rights in the context of President Donald Trump’s well-...


Civil Litigation

Despite recent reports, MICRA’s cap on noneconomic damages passes muster under the 7th Amendment right to a civil jury trial.


Law Practice, Ethics/Professional Responsibility

The opportunity for lawyers to mediate conflicting viewpoints and interests toward some broader vision of the public interest ...


Civil Litigation, Constitutional Law

Manufacturers may soon find themselves back in the hot seat after a March 14 decision from the Connecticut Supreme Court.


Judges and Judiciary

African-American women on the California bench: a history

Mar. 26, 2019
By Brenda Harbin-Forte

Brenda F. Harbin-Forte, a judge on the Alameda County Superior Court, has researched and written about African-American women ...


Government, Administrative/Regulatory

Moody's, one of the world's largest credit rating agencies, may be headed in the right direction. It announced last year that ...


Securities, Corporate, Banking

Strategies to become a successful emerging fund manager

Mar. 26, 2019
By Sara L. Terheggen

First-time funds have been growing at a healthy pace year over year with continued upward growth since 2013.


Government, Environmental & Energy, Administrative/Regulatory

Over the past few years, California has passed or strengthened several incentives to promote the more efficient production and...


Government, Criminal

As a defense attorney, I’m against the death penalty. But as a private citizen, I’m for it.


Government, Criminal

Newsom disrespects victims, their families and voters

Mar. 25, 2019
By John M.W. Moorlach

Justice. It means giving people what they deserve. For stone-cold killers convicted in the justice system, passed through the ...


Government, Criminal

Gov. Gavin Newsom made history by declaring a moratorium on executions in California and even tweeting out images of the execu...


Insurance, Government, Criminal, Administrative/Regulatory

Marijuana may present the most combative clash between federal and state law today. California legalized medical marijuana in ...


U.S. Supreme Court, Intellectual Property, 9th U.S. Circuit Court of Appeals

Restoring balance to software copyrights

Mar. 22, 2019
By Peter S. Menell, David O. Nimmer

Our previous article addresses the substantive defects of the U.S. Court of Appeals for the Federal Circuit’s rulings in the O...


Law Practice, Ethics/Professional Responsibility

How not to be a lawyer

MCLE
Mar. 22, 2019
By Mark L. Tuft

A lawyer who finds himself in a situation of having to turn on his client in an attempt to justify his own intentional miscond...