Way too often, I see otherwise excellent lawyers squander their time, their client’s money, and most importantly, the credibil...
Rather than strain to explain how the no-free-lunch maxim applies to appellate practice or the law generally, let’s just accep...
Putting pen to paper, because of the individual exertion, has persisted. I might be imagining it, yet I believe I am more thou...
Although traditionally directors have seen a high threshold for liability, it has been eroded both at the trial court level an...
Labor/Employment, Criminal, Administrative/Regulatory
California takes additional steps to stamp out trafficking
By Michael W.M. Manoukian, Michael G. Congiu
In a state replete with regulation, California adopted two new laws aimed squarely at combating human trafficking.
Letters, California Supreme Court, State Bar & Bar Associations
No, we don’t need a Supreme Court bar
By Gary Schons
Former California Supreme Court law clerk Christopher Hu suggests California could benefit from a “specialized high court bar,...
U.S. Supreme Court, California Supreme Court, State Bar & Bar Associations
The death knell for integrated bars?
By Deborah J. La Fetra
Could last summer’s decision in Janus v. AFSCME, forbidding states from allowing unions to garnish wages of nonmember employee...
This, my last column for the year, leans toward the sentimental, but I hope not the maudlin.
The Nov. 21 headline story on bail reform contained the following statement: “They’ve [billion dollar private equity firms] sh...
Civil Litigation, Education Law, California Supreme Court
Rosen: A case study on a school’s duty to protect its students
By Alyssa Dillard
Students and parents alike often rely on their university or college to provide services to enhance student safety and create ...
Tax
California taxes and $10K deduction cap triggers moves and trusts
By Robert W. Wood
The year isn’t over yet. But in early 2019, when you sit down alone or with your accountant, is the $10,000 deduction cap with...
U.S. Supreme Court, California Supreme Court, State Bar & Bar Associations, Appellate Practice
A specialized bar for the California Supreme Court?
By Christopher D. Hu
Is this one area where Washington, D.C. is actually worthy of emulation?
Letters, State Bar & Bar Associations
Just lowering ‘cut score’ ignores other factors
By Arnold E. Sklar
I agree with Howard Miller on one point: The bar exam is to test minimum competence to practice law. I disagree with everythin...
Real Estate/Development, Administrative/Regulatory
California’s new housing laws and how Newsom may implement them
By Chelsea Maclean
Taken as a whole, these laws continue a significant trend toward increasing the expectations on local governments to make prog...
In his new book, "Left to the Mercy of a Rude Stream: The Bargain That Broke Adolf Hitler and Saved My Mother," Loyola Law Sch...
Law Practice, Alternative Dispute Resolution
The zen of mediating difficult issues with emotional parties
By Stacy La Scala
Mediation can be an extremely constructive and fulfilling process resulting in a mutually agreeable resolution. However, resol...
Law Practice, Judges and Judiciary, International Law
Sitting down with the Bailiff of the Bailiwick of Guernsey
By Julie L. Kessler
Attorney-at-large Julie Kessler spoke to the Bailiff, Sir Richard John Collas, in his chambers in the Bailiwick earlier this ...
U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals
Supreme Court adds to growing list of 9th Circuit reversals
By Lawrence Waddington
Judge Waddington runs through some of the most recent 9th Circuit cases that have been reversed by the U.S. Supreme Court.
Percentage-based legal representation has long-been an accepted method by which most ordinary consumers obtain legal represent...
New DOJ guidance may curb the appointment of compliance monitors
By Justin Givens
During a speech delivered last month at the NYU School of Law Program on Corporate Compliance and Enforcement, Assistant Attor...
International Law, Intellectual Property
Enforcing intellectual property rights in China: challenges and surprises
By Kory Christensen
In recent years, the number of foreign companies litigating in China has surged with progressively more positive outcomes. The...
Alternative Dispute Resolution
Lessons in communication through mediation you didn’t learn in law school
By Jan Frankel Schau
Unfortunately, lawyers are seldom taught or trained in how best to communicate (other than with a jury or judge in the ultimat...
Civil Litigation
Northern District releases guidance for class action settlements
By Michael W. Scarborough, Nadezhda Nikonova
The Northern District of California comprehensively updated its Procedural Guidance for Class Action Settlements on Nov. 1, 20...
U.S. Supreme Court, Environmental & Energy
Only an actual habitat can be designated a ‘critical’ habitat
By Michael M. Berger
In one of its early decisions this term, the U.S. Supreme Court decided to give us all a lesson in the proper use of the Engli...
A recent appellant ruling is a good review for both civil and criminal practitioners of the nuances of admissibility of docume...
On Nov. 21, the Internal Revenue Service and Department of Treasury issued Proposed Regulations Section 20.2010-1 to provide g...
Health Care & Hospital Law, Education Law, Appellate Practice
Appellate court ruling got it right on immunization exemptions
By Dorit Reiss
Last week, the California Court of Appeal rejected a challenge to California’s new immunization law. In June 2015, California’...
Law Practice
Apple’s new iPad Pro can help bring your law firm out of the paper age
By Paul R. Kiesel
It has been quite a long time since I reviewed the iPad Pro. With the recent introduction of iPad Pro 12.9 and 11-inch, it is ...
Entertainment & Sports, Contracts
Entertainment contracts with minors: clarification needed
By Neville L. Johnson, Douglas L. Johnson
While significant steps have been taken to protect both the interests of the entertainment industry and of the minors employed...
California Supreme Court, Appellate Practice
Issue and claim preclusion in the wake of Samara
By Sarah Hofstadter
In a unanimous opinion issued earlier this year, the California Supreme Court made a major change in our state’s law in the ar...