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Law Practice, Family

Dealing with unfair conduct in family law cases

Feb. 21, 2019
By Antonio R. Sarabia II

Most law students have heard of unclean hands. But most seasoned family law practitioners are not familiar with disentitlement.


Law Practice, Judges and Judiciary, State Bar & Bar Associations

Dissolving legal barriers (Part 1)

Feb. 20, 2019
By Curtis E.A. Karnow

Trial judges and appellate justices rarely interact across their courts. Judges and lawyers have sporadic, desultory contact a...


The legal fight over inadvertent disclosures of privileged information due to unknown or unforeseen technology has already beg...


Tax, Civil Litigation, California Courts of Appeal, 9th U.S. Circuit Court of Appeals

A lump-sum award may push a plaintiff into a higher tax bracket. Not considering the taxes might effectively deny the plaintif...


Labor/Employment, California Supreme Court

In a decision that significantly narrows an employee’s remedies for wage and hour claims, the California Supreme Court unanimo...


Law Practice

Do you really need that expert witness?

Feb. 20, 2019
By Allen L. Lanstra, Kevin J. Minnick

When developing an expert case, the possibility of not hiring an expert at all or pulling an already retained expert prior to ...


Law Practice

The Machine Learning Curve

Feb. 20, 2019
By Christine M. Morgan, Andrew M. Levad

Get to know emerging AI technologies for legal research and their applications to your practice sooner rather than later.


Law Practice

Winning the 'battle of the experts' at trial

Feb. 20, 2019
By Chad S. Hummel

No other part of the evidentiary phase of a civil trial presents as much opportunity for juror engagement and the partisan tak...


Law Practice

Look at me!

Feb. 20, 2019
By Alex G. Romain

A great trial lawyer must harmonize his or her oral and visual presentations, so that they complement each other rather than c...


Law Practice

Having their cake and eating it too

Feb. 20, 2019
By James J. Yukevich, Cameron J. Schlagel

This aptly describes a situation that is becoming ever-more common in design defect cases litigated in California.


Law Practice

Practice tips for a great opening statement

Feb. 20, 2019
By Dan L. Stanford

To paraphrase a George Burns line: The secret of a good opening statement is to have a good beginning and a good ending -- and...


Civil Litigation, 9th U.S. Circuit Court of Appeals

Two recent circuit court decisions have found that the websites and mobile applications of places of public accommodation are ...


Labor/Employment

Recharacterization is always possible, by different agencies and for different purposes. You may have a good handle on the iss...


Civil Litigation, California Supreme Court, California Courts of Appeal, Alternative Dispute Resolution

Heimlich relief for 998 offers

Feb. 19, 2019
By Edward R. Huguenin, Erik C. Tofft

Attorneys may be surprised to learn that there is no clear roadmap when it comes to employing the cost-shifting mechanisms of ...


Law Practice

I am asked for advice about legal careers quite a bit, especially how to get into law school. Some prospective 1Ls likely woul...


California Supreme Court, Appellate Practice

Oral arguments before the California Supreme Court

Feb. 19, 2019
By Myron Moskovitz

My critique might be right, and it might be wrong. But I think it's important to begin a discussion of this issue.


Civil Litigation, Intellectual Property

Evolution of the Defend Trade Secrets Act

Feb. 15, 2019
By Jordan D. Grotzinger, Jena MacCabe

As the federal trade secrets law turns three, we reflect on how it has evolved and issues that continue to develop.


Government, Administrative/Regulatory

Eleven low-income people trying to secure affordable housing in Santa Monica in 2018 all got good news — followed hard by bad ...


Law Practice

Winning the war: Destroy your opponent’s expert in 5 steps

MCLE
Feb. 15, 2019
By Kristina Azlin, Vito Costanzo

A few key steps to dethroning the other side’s expert. Don’t let time, or costs, completely dictate your strategy


Books

The Halt and the Blind

Feb. 15, 2019
By Richard Wirick

Richard Wirick reviews “Unexampled Courage: The Blinding of Sgt. Isaac Woodard and the Awakening of President Harry S. Truman ...


Ethics/Professional Responsibility

Ex parte? Not so fast, make sure you know the new rules

Feb. 15, 2019
By Antonio R. Sarabia II

The new rule on ex parte conduct, Rule 3.3(d) of the Rules of Professional Conduct, is titled “Candor Toward the Tribunal.” Th...


Insurance, Government

The 2018 California wildfires destroyed some 22,000 structures, including nearly the entire town of Paradise. Most of the ensu...


Criminal

Convicted for rap lyrics

Feb. 14, 2019
By Charis E. Kubrin

Jamal Knox's case is far from unique; rap lyrics are turning up as evidence in courtrooms across the country.


Construction, Administrative/Regulatory

If a building is wirelessly enabled with embedded sensors, cameras and other internet-capable objects, might the construction ...


Civil Litigation, Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

9th Circuit quietly buries music law’s inverse ratio rule

Feb. 14, 2019
By Bill Hochberg, Brandon T. Milostan

A late-breaking amendment to the court’s ruling in the Blurred Lines case may give creatives a bit of comfort, as the court qu...


Civil Litigation, Government, Administrative/Regulatory

The FCA in 2018 and beyond

Feb. 14, 2019
By Debra Wong Yang, Michael M. Farhang

A review of FCA developments from this past year and what to expect in 2019.


U.S. Supreme Court, Judges and Judiciary

Brown’s impact: Baxter to Cuéllar

Feb. 13, 2019
By Kirk C. Jenkins

For the past several weeks, we’ve been reviewing the impact Gov. Jerry Brown’s appointees to the California Supreme Court. Tod...


Constitutional Law, 9th U.S. Circuit Court of Appeals

Judges split on First Amendment scrutiny in sugar drink case

Feb. 13, 2019
By Andrew B. Talai, Amy P. Lally

While they agreed on the outcome, the 9th Circuit split on how to analyze San Francisco's controversial sugar drink warning or...


Government, Administrative/Regulatory

Almost every city in California has at least one bar or nightclub that is a constant source of aggravation for law enforcement...


U.S. Supreme Court, Military Law

Ruling on transgender ban signals a shift

Feb. 12, 2019
By Erwin Chemerinsky

Without any explanation, on January 22, the U.S. Supreme Court, in a 5-4 ruling split along ideological lines, allowed Preside...