Bankruptcy
Will dealing with cannabis businesses leave you bankrupt?
By Charles D. Ferrari
If your business deals with cannabis, you no doubt are hoping the answer is no. However, as the saying goes, "be careful what ...
Civil Litigation, Law Practice
Justice demands transparency in third-party litigation funding
By Lisa A. Rickard
Given the size of the third-party litigation funding industry and its impact on our justice system, a little transparency isn’...
Civil Litigation, Law Practice
Seeing through the Litigation Funding Transparency Act of 2019
By Matthew Harrison, Amy Geise
The Litigation Funding Transparency Act offers no sound policy basis and runs contrary to basic tenets of relevance governing ...
Environmental & Energy
50 years after the Santa Barbara oil spill, why are we still fighting this battle?
By A. Barry Cappello
Fifty years ago, an oil drilling company failed to put proper safety measures in place causing one of its oil platforms to rup...
Civil Litigation, Law Practice, California Supreme Court
Lawyers should be watching high court Monster Energy case
By Jennifer J. Hagan
For years, it has been standard practice for lawyers to give the “thumbs up” on settlement agreements by signing “Approved as ...
Tax
Losing your passport to Internal Revenue Service is now possible
By Robert W. Wood
Traveling abroad might be a luxury or a necessity, depending on the circumstances. But now you can add tax problems to the lis...
U.S. Supreme Court, Intellectual Property
Are Patent Office attorney fees awardable under Section 145?
By Ben M. Davidson
On Monday, the U.S. Supreme Court granted certiorari to review the question of whether applicants who have appealed the decisi...
Government, Administrative/Regulatory
Consumer privacy across the Atlantic: GDPR vs CCPA
By Mary Race, Christine Lyon
The California Consumer Privacy Act of 2018 echoes concepts found in the European Union’s General Data Protection Regulation, ...
Law Practice, Law Office Management
Planning is critical in managing the risks of partner departures
By Daniel O'Rielly, Dena Roche
For any California law firm, addressing the challenges that arise when a partner or practice group departs the firm is a criti...
Many, if not most, directors and officers liability policies contain allocation clauses. Commonly, these clauses provide that ...
Law Practice, Ethics/Professional Responsibility
Dishonest Attorneys Face Severe Consequences
By Shari L. Klevens, Alanna G. Clair
In recent years, courts have shown little hesitation in imposing severe sanctions on attorneys if the court determines that th...
We are living in the Information Age, where technologies continuously and rapidly evolve and the law struggles — and often fai...
Labor/Employment, Government, California Supreme Court
Right to purchase ‘airtime’ is not a vested right
By Isabel C. Safie
In an unanimous decision, the California Supreme Court held that the plaintiffs in Cal Fire Local 2881 v. CalPERS have no vest...
U.S. Supreme Court, Civil Litigation, Intellectual Property
Don’t hold your breath after copyright ruling
By Jessica Bromall Sparkman, Rod S. Berman
The U.S. Supreme Court says that a copyright owner cannot initiate a lawsuit until it obtains a certificate of copyright regis...
Securities, Banking
A brief history of the law of initial coin offerings
By Roger Royse
The initial coin offering was the natural next step in the evolution of applications for blockchain technology. The only probl...
Civil Litigation, California Supreme Court
What a court can consider when ruling on anti-SLAPP
By Gregory M. Smith
The California Supreme Court recently ruled on what a court can consider when ruling on an anti-SLAPP.
Liability for injuries to employees of an independent contractor
By Garret D. Murai
As every law student and lawyer knows, while there are the rules, there are the exceptions to the rules, and then there are th...
Government, Criminal
Who’s afraid of judicial review? A response to the LA Times
By Eric Siddall
On March 2, the Los Angeles Times editorial board attacked district attorneys as craven politicians out to maximize punitive s...
The impact of military service can manifest itself on the lives of everyone in a veteran’s family in countless ways. Military ...
U.S. Supreme Court, Environmental & Energy
Clean Water Act cases head to the high court
By Davina Pujari, Sean G. Herman
The U.S. Supreme Court has agreed to hear two cases involving whether the act regulates discharges of pollutants to groundwater.
Civil Litigation, California Courts of Appeal
Arbitration proceedings not a protected activity under anti-SLAPP
By Jennifer J. Hagan
Most lawyers familiar with arbitration understand that it is not a judicial proceeding, but it might come as a surprise to lit...
The OJ Simpson “trial of the century,” already distant enough in the past to be the subject of fictional revision, offers a fe...
Tax, Corporate
Selling a business triggers taxes for owners, company or both
By Robert W. Wood
Are you selling a business, or perhaps helping a client to sell a business? In any of these circumstances, it pays to think ab...
The typical appellate court decision names the judges who decided the case and specifies which is the author and which two are...
The phrase “on the internet” became a running joke with patent attorneys after the dot com boom; today it might be “machine le...
Constitutional Law
Public access, environmental preservation and property rights
By Jeremy B. Talcott
In the battle between desire for public access and environmental preservation, respecting property rights is the best solution
Civil Litigation, Health Care & Hospital Law, Administrative/Regulatory
Government worried about proving intended loss in criminal health care cases
By Byron J. McLain, Pamela Johnston
Three pending 9th Circuit decisions out of the Central District of California could alter how loss amounts are calculated for ...
When I use commas, it’s so the reader can take a break.
Civil Litigation
Anti-SLAPP conundrum: Navigating the still-uncharted waters
By A. Marco Turk
In the first installment of this series, we discussed general considerations and unique aspects of California's anti-SLAPP sta...
Law Practice, California Supreme Court, Appellate Practice
Oral arguments before the California Supreme Court
By Myron Moskovitz
Over the years, I’ve watched quite a few oral arguments before the California Supreme Court. While watching, I tend to focus o...