Law Practice, Ethics/Professional Responsibility
Internet advertising and the criminal law mill
By George K. Rosenstock
In the early 90s, the California Supreme Court ruled that the contact information for persons arrested could be released. This...
U.S. Supreme Court, Environmental & Energy, Constitutional Law
Authority over public lands and resources in (and out of) Alaska
By Matthew J. Sanders
After the U.S. Supreme Court hears arguments in November, will Alaska prove to be the exception or the rule for the future of ...
U.S. Supreme Court, Constitutional Law
The constitutional limits of the Chevron deference doctrine
By Larry Alexander
Chevron deference has been a quite controversial doctrine, both on and off the courts. The controversy has encompassed the doc...
Judges and Judiciary, California Courts of Appeal, Appellate Practice
Slumming it with facts on appeal, part 2 — going to the 909
By Benjamin G. Shatz
As we have seen, sometimes appellate courts do get their hands dirty with facts and will entertain a new fact for the first ti...
Government, California Supreme Court, Administrative/Regulatory
Hold up the original intent of the California Public Records Act
By Laura E. Murray
The California Supreme Court is considering whether to hear a case that could require the nation’s largest water agency to rel...
Law Practice
How will you honor this year’s National Celebration of Pro Bono?
By Laura Cohen, Michelle Takagishi-Almeida
There are plenty of opportunities for attorneys from any practice area or background to get involved in pro bono service year-...
Family, California Courts of Appeal
Ruling addresses stock options and the calculation of child support
By Jeffrey P. Blum
In a case of first impression, the court in In re Marriage of Macilwaine, 18 DJDAR 8490 (Cal. App. 1st Dist., Aug. 28, 2018), ...
Let’s hope Mark Judge can be a better man than the belligerent drunk he at least tried to stop from escalating a sexual assaul...
Last week’s hearings on the nomination of Judge Brett Kavanaugh to the Supreme Court cost many of us some billable hours. Inst...
Government, Constitutional Law
Judge says plaintiffs have standing in emoluments case against Trump
By John H. Minan
On Friday, U.S. District Judge Emmet G. Sullivan held that Sen. Richard Blumenthal, and some 200 other members of Congress, ha...
Civil Litigation, Construction, California Courts of Appeal
The complicated history of asbestos regulation in the United States
By Garret D. Murai
Prior to the 1970s, material containing asbestos was widely used in construction. From insulation, to plaster, to siding, to t...
Securities, Government, Corporate, Administrative/Regulatory
Technology, ego and the siren call of social media
By Ronald E. Wood
The ancient Greeks told a myth of Scylla and Charybdis, a pair of sea monsters on opposite sides of a narrow strait and lured ...
Civil Litigation, Labor/Employment
Uber still faces the prospect of a hefty PAGA payday
By Eve H. Wagner
When the 9th U.S. Circuit Court of Appeals handed down its decision, it was not a big surprise. The news is not all good for U...
Bankruptcy
Tax liens and the automatic stay in bankruptcy filings: a primer
By Stuart B. Rodgers
Investors who hold real property tax lien certificates sometimes find that the real property to which the lien attaches is aff...
Criminal
Educating first time DUI offenders about the actual penalties they face
By George K. Rosenstock
The ripple effect of an early disclosure of the likely actual penalties to be incurred by first time DUI alleged offenders wil...
Take a look around you. Consider what is occurring throughout the country. An uneducated citizenry and one predominantly educa...
This article urges lawyers to put down for a moment the electronic legal menus we now rely on, check out some of these volumes...
There are countless reasons why people who are sexually assaulted or abused do not report what happened: It’s painful. It’s em...
Military Law, Government, Criminal
How to propel the Guantánamo cases to trial
By Robert C. Bonner
This article not a judgment on the merits of capital punishment or its appropriateness in these cases, which include defendant...
Alternative Dispute Resolution
Mediation law does not protect clients; it’s too little too late
By Jan Frankel Schau
SB 954 appears to be driven by our Legislature’s desire to offer consumer protection to clients who choose to settle their dis...
Law Practice
Legislation created new rules for licensed shorthand reporters
By Chris Micheli
Effective Jan. 1, 2019, AB 2084 adds Section 8050 to the Business and Professions Code to limit the business practices of lic...
Intellectual Property
When does the parody defense in trademark cases fail?
By Caitlin C. Conway, Peter Harvey
Evidence of confusion and tarnishment often tip the balance.
Ethics/Professional Responsibility, California Supreme Court
Conflict waiver enforceability
By Stephen L. Raucher
Earn MCLE credit reviewing a recent Supreme Court case dealing with a conflict waiver that didn't quite get the job done.
Law Practice, Insurance, State Bar & Bar Associations
Is mandatory malpractice insurance coming to California?
By Kenneth C. Feldman
Many California lawyers may not be aware of the Malpractice Insurance Working Group or what it’s currently studying.
Law Practice, State Bar & Bar Associations
Legislation reauthorizing State Bar fees made several other changes
By Chris Micheli
Last week, Gov. Jerry Brown signed Assembly Bill 3249, the State Bar bill. The bill amends over 100 various statutory provisio...
Law Practice, Ethics/Professional Responsibility
Tips for attorneys who are addressing disputes over advance fees
By David M. Majchrzak, Heather L. Rosing
Given the requirement to promptly refund unearned advance fees, once the disputed funds are identified and segregated, lawyers...
U.S. Supreme Court, Judges and Judiciary, Criminal
A seasoned prosecutor versus a sexual assault victim?
By Elana R. Levine
We have a seasoned prosecutor cross-examining a victim of a violent crime for the whole country to see. Yet, the cross-examina...
Judges and Judiciary, California Supreme Court, Appellate Practice
Working without Werdegar
By Kirk Jenkins
Dive into some California Supreme Court statistics to examine how the retirement Justice Kathryn M. Werdgar— which has led to ...
“Norman Mailer: The Sixties: A Library of America Boxed Set” (2018) shows Mailer as really one of the inventors of what came ...
Alternative Dispute Resolution
Informed consent in mediations taking place in California
By Phyllis G. Pollack
The almost absolute protection for mediation confidentiality stems from California’s Evidence Code Sections 1115-1128 enacted ...