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Law Practice, Ethics/Professional Responsibility

Arbitration of malpractice claims is alive and well

Mar. 22, 2019
By Brian Slome, Kenneth C. Feldman

At the minimum, clients should have the choice of going to binding arbitration. If they don’t want to go arbitration in the fu...


Government, Administrative/Regulatory

In what appears to be a massive power grab, the Bureau of Cannabis Control recently approved regulations which override all lo...


Law Practice, Alternative Dispute Resolution

Dealing with a challenging client during mediation

Mar. 22, 2019
By Peter J. Polos

While mediation has certainly gained popularity among civil litigators in California, our clients are not always easily convin...


U.S. Supreme Court, Intellectual Property

Justices need to hear Oracle v Google

Mar. 21, 2019
By Peter S. Menell, David O. Nimmer

A matter of blockbuster significance is the subject of a current petition for certiorari. The case is Oracle v. Google. We sub...


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

Courts’ historical struggles with citizenship renunciation

Mar. 21, 2019
By John S. Caragozian, Donald E. Warner

The federal government’s ignoble mass imprisonment of Japanese-Americans during World War II has a postscript: In 1944 and 194...


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

The 9th Circuit recently upheld a Santa Monica ordinance regulating short-term rentals companies. This decision is a win not j...


Law Practice

Legal education is bouncing, but not back

Mar. 21, 2019
By Frank H. Wu

People ask me all the time now if I believe legal education has "bounced back." I am convinced it has bounced, but I doubt it ...


U.S. Supreme Court, Government, Constitutional Law

An unlawful presidential act

Mar. 20, 2019
By Erwin Chemerinsky

President Donald Trump is acting in an unconstitutional and unlawful manner in spending $8 billion to build a wall without con...


Criminal, Constitutional Law, California Courts of Appeal

The schizophrenic Sixth

Mar. 20, 2019
By Brian M. Hoffstadt

The Bible may say, “No one can serve two masters.” But do these words of wisdom apply to the Sixth Amendment’s right to counsel?


Judges and Judiciary, California Supreme Court

Justice Brown and the old ACLU

Mar. 19, 2019
By Mitchell Keiter

As a former chambers attorney for California Supreme Court Justice Janice Rogers Brown, I was surprised to read about her cons...


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

The 9th U.S. Circuit Court of Appeals upheld the city of Santa Monica’s ordinance regulating short-term vacation rental of res...


Banking, Administrative/Regulatory

In early January, Chinese blockchain security firm SlowMist and U.S.-based cryptocurrency exchange Coinbase separately announc...


U.S. Supreme Court, Securities

Last June, Ray Lucia won big at the U.S. Supreme Court. Yet Lucia finds himself once again facing SEC proceedings before a jud...


Immigration, Government, Constitutional Law

The Census battle continues

Mar. 18, 2019
By Kaylan Phillips

In a case where the unusual has become the norm, all eyes will be on the Supreme Court to see if or how it addresses the Calif...


Civil Litigation, California Supreme Court, Appellate Practice

Projected admissibility

Mar. 18, 2019
By Curtis E.A. Karnow

A July 2017 paper on quantum mechanics suggests the future influences the present. Our Supreme Court appears to have to come t...


Civil Litigation, Law Practice

To err is human, to sometimes forgive is CCP Section 473(b)

Mar. 18, 2019
By Stephen J. Squillario

Fortunately, the Code of Civil Procedure offers a potential escape hatch when an attorney’s mistake, inadvertence, surprise, o...


Civil Litigation, California Supreme Court, Appellate Practice

Proper submission of pre-trial evidence: The twin hurdles

Mar. 18, 2019
By Kasey Curtis, Charles Hyun

The term “admissibility” typically refers to evidence introduced at trial. A concept that is perhaps more nuanced, but typical...


Law Practice, Appellate Practice

Writ review

MCLE
Mar. 18, 2019
By Donald Horvath

of summary adjudication and summary judgment orders


Criminal, Constitutional Law

Newsom’s executive order violates promise to voters

Mar. 15, 2019
By Michele A. Hanisee

During his campaign Gov. Newsom promised that although he does not support the death penalty, he would not interfere with the ...


Tax, Real Estate/Development

The new tax law created an incentive program which encourages investors to make long-term financial investments in opportunity...


Tax

Protect your passport from the IRS

Mar. 15, 2019
By Robert W. Wood

The IRS can't take your passport exactly, but it can tell the State Department to do so. Whether this is a good idea can be de...


Criminal, Constitutional Law

Death penalty order creates as many problems as it solves

Mar. 15, 2019
By David A. Carrillo, David Aram Kaiser

Governor Gavin Newsom's moratorium on executions was hailed in many circles for halting a death penalty process in California ...


Labor/Employment, Government

SB 142: More lactation accommodations or just more litigation?

Mar. 14, 2019
By Michael J. Nader, Jill L. Schubert

Proposed law may actually impede lactation accommodations for working mothers and promote litigation.


Labor/Employment, Government, California Supreme Court

While the California Supreme Court chose not to revisit the rule in the recent Cal Fire case, it could choose to do so in thre...


Civil Litigation

Litigation is critical to opioid crisis response

Mar. 13, 2019
By Nora Freeman Engstrom, Michelle M. Mello

The opioid problem is monstrous and tentacular. Litigation is a critically important component of the response to the crisis: ...


U.S. Supreme Court, Civil Litigation, Appellate Practice

The Supreme Court holds that there are no equitable exceptions to Rule 23(f)’s 14-day deadline to file a petition for permissi...


Judges and Judiciary, California Supreme Court

The funds may be used to defray the travel expenses of law students and graduate students needing to access archival materials...


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

For life not eternity: What’s next for pay history?

Mar. 12, 2019
By Eve I. Klein, Jennifer A. Kearns

Last month, the U.S. Supreme Court vacated the 9th Circuit’s pay history ruling for improperly relying on the vote and opinion...


Labor/Employment, Government

There were rumblings in the past, but now the full force of the U.S. House of Representatives is coming for forced arbitration...


Civil Litigation

Presenting life care planner’s testimony while navigating Sanchez

Mar. 12, 2019
By Brian S. Kabateck, Brian Hong

It’s a scenario that many trial lawyers dread: Your life care planner is on the stand. Just when she’s about to get into the d...