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U.S. Supreme Court, Government, Constitutional Law

I've reviewed the DOJ's memo from 2000, titled "A Sitting President's Amenability to Indictment and Criminal Prosecution." It ...


Law Practice

Crafting a useful retainer letter

Dec. 14, 2018
By Frederick Hertz

You don’t need to include every little detail, but you want to be able to point to the basic provisions and show that indeed, ...


Law Practice, Books

Gandhi: lawyer, mahatma

Dec. 14, 2018
By Richard Wirick

Richard Wirick reviews Ramachandra Guna’s latest book, “Gandhi: The Years that Changed the World.”


Environmental & Energy, Administrative/Regulatory

Slaughter-free meat comes with regulatory challenges

Dec. 14, 2018
By Elizabeth Holtz

It is all but certain that the USDA and FDA will play a role in regulating various aspects of slaughter-free meat, but the det...


Law Practice

When it comes to the movement to reform abusive guardianship and conservatorship systems, there is an advocacy void when it co...


Internal Revenue Service Forms 1099 usually arrive in January, and serve to kick off the tax season. If you receive them, they...


Education Law, Civil Litigation, California Supreme Court, California Courts of Appeal

With its recent opinion, the Court of Appeal fully implemented the policy considerations behind the duty colleges and univers...


Labor/Employment

It’s time to rethink and redraft executive contracts. Management should not have to wait for a legal verdict in order to do th...


U.S. Supreme Court, Constitutional Law, Administrative/Regulatory

High court accepts Scalia’s invitation

Dec. 13, 2018
By John C. Eastman

If even Antonin Scalia was willing to abandon the so-called Auer v. Robbins doctrine, it must be on very thin ice indeed.


U.S. Supreme Court, Government, Constitutional Law

The scope of executive privilege

Dec. 12, 2018
By John H. Minan

Absent Supreme Court clarification, uncertainty exists on the proper scope of executive privilege in response to congressional...


Alternative Dispute Resolution

Mediation: Doing the Dance

Dec. 12, 2018
By Robert B. Jacobs

Experienced attorneys who know and understand the rules can meet up with a mediator or another attorney they’ve never seen bef...


U.S. Supreme Court, Civil Litigation

Absent a Martian invasion, are you out of luck?

Dec. 11, 2018
By Jeremy S. Smith, Christopher Chorba

The Supreme Court tackles whether there are any exceptions to Rule 23(f)’s 14-day deadline to file a petition for permission t...


Labor/Employment

A holiday wish list of potential employment changes for 2019

Dec. 11, 2018
By Michael S. Kalt, Daniel C. Gunning

Predictions abound regarding whether Gov.-elect Gavin Newsom and Democrat supermajorities in both legislative chambers will me...


Judges and Judiciary, California Supreme Court, Appellate Practice

Brown's impact on the court

MCLE
Dec. 11, 2018
By Kirk Jenkins

So now that we have a nominee to fill Justice Kathryn Werdegar’s seat — the governor’s fourth­ appointment to the court — it s...


Civil Litigation

Killer Motion Practice, Part 2

Dec. 11, 2018
By Diane Cafferata

Diane Cafferata is back with more tips on ensuring you have strong motion practice.


Civil Litigation, Criminal, Bankruptcy

Are bankruptcy criminal referrals sad or not sad?

Dec. 10, 2018
By Leonard L. Gumport

In non-bankruptcy civil cases, Congress has not told Article III federal judges what to do. In bankruptcy cases, Congress cert...


U.S. Supreme Court, Environmental & Energy

Roberts emerges as adept leader

Dec. 10, 2018
By Richard M. Frank

As the U.S. Supreme Court formally convened on the proverbial first Monday in October, and the justices settled in to hear ora...


Civil Litigation, Criminal, Banking

Liability of banks receiving money in a wire fraud scheme

MCLE
Dec. 10, 2018
By Joshua J. Borger

When is a bank liable for accepting funds in a wire fraud scheme?


Insurance

With all the devastation wrought on homeowners in recent weeks by the California wildfires, there has been much attention paid...


Labor/Employment

Mistletoe and #MeToo: Work holiday party best practices

Dec. 7, 2018
By David B. Monks, Megan E. Walker

Several new harassment laws signed by Gov. Jerry Brown this October may not go into effect until Jan. 1, 2019 or later, but th...


Alternative Dispute Resolution

Mediators Look Both Ways

Dec. 7, 2018
By Robert B. Jacobs

In the courtroom lawyers are advocates who rarely are both sides of an issue. Mediators are different — we have to be able to ...


Tax opinions were always important. And with the massive tax bill that was passed almost a year ago, the situations in which t...


Military Law, Law Practice

Soldier first, lawyer always

Dec. 7, 2018
By Antoinette Balta, Timothy M. Weiner

Many civilian lawyers in California join the California State Military Reserve to serve and support the people of California.


Law Practice

Talking money with clients

Dec. 6, 2018
By Frederick Hertz

Tips on how to ask your clients to pay their bills.


Family

It’s the end of alimony as we know it

Dec. 6, 2018
By Peter M. Walzer

While most understand that the Tax Cuts and Jobs Act of 2017 has had a major impact on tax rates and deductions, it is importa...


Law Practice, Law Office Management

Leaving your firm: 5 Ws and 1 H

Dec. 6, 2018
By Daniel O'Rielly, Dena Roche

The who, what, when, where, why and how of deciding to leave your law firm.


Government, Environmental & Energy

Was Senate Bill 901 the answer or do questions remain?


Designing claims against architects

Dec. 5, 2018
By Garret D. Murai

Architects seem to hold a special place in our hearts. They’re the good guys. And in California, they even get special protect...


If you are holding bitcoin or other crypto, you may well not want to sell until the market recoveries. But if you owe taxes, h...


Law Practice

Guidance for protecting your law firm from the next data breach

Dec. 5, 2018
By Shari L. Klevens, Alanna G. Clair

The threat of the disclosure of personal data is ever-present in today’s society, as seemingly every week there is another rep...