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Law Practice, Ethics/Professional Responsibility

Internet advertising and the criminal law mill

Oct. 4, 2018
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

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

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

MCLE
Oct. 3, 2018
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

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?

Oct. 3, 2018
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

In a case of first impression, the court in In re Marriage of Macilwaine, 18 DJDAR 8490 (Cal. App. 1st Dist., Aug. 28, 2018), ...


U.S. Supreme Court, Law Practice, Judges and Judiciary

Better man

Oct. 2, 2018
By Maureen Johnson

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...


Law Practice, Appellate Practice

Who is telling the truth?

Oct. 2, 2018
By Myron Moskovitz

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

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

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

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

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

Investors who hold real property tax lien certificates sometimes find that the real property to which the lien attaches is aff...


The ripple effect of an early disclosure of the likely actual penalties to be incurred by first time DUI alleged offenders wil...


Law Practice, Judges and Judiciary

Who cares about a Fazioli?

Oct. 1, 2018
By Arthur Gilbert

Take a look around you. Consider what is occurring throughout the country. An uneducated citizenry and one predominantly educa...


Law Practice, Books

Pick up (actual) books from time to time

Oct. 1, 2018
By Robert H. Bunzel

This article urges lawyers to put down for a moment the electronic legal menus we now rely on, check out some of these volumes...


Criminal

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

Oct. 1, 2018
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

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

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?

MCLE
Oct. 1, 2018
By Caitlin C. Conway, Peter Harvey

Evidence of confusion and tarnishment often tip the balance.


Ethics/Professional Responsibility, California Supreme Court

Conflict waiver enforceability

MCLE
Sep. 28, 2018
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?

Sep. 28, 2018
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

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

Sep. 28, 2018
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

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

Sep. 28, 2018
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

Sep. 28, 2018
By Phyllis G. Pollack

The almost absolute protection for mediation confidentiality stems from California’s Evidence Code Sections 1115-1128 enacted ...