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Law Practice, Ethics/Professional Responsibility

I don’t vouch, and none of us should

Aug. 7, 2018
By Frank H. Wu

Our participation in the modern version of this great experiment in democracy demands that we communicate with one another, wi...


California Courts of Appeal, Appellate Practice

Poco loco rules

MCLE
Aug. 7, 2018
By Benjamin G. Shatz

The local variations between California’s appellate courts are not nearly as drastic as those among the 13 federal appellate c...


Law Practice, Civil Litigation, Appellate Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


U.S. Supreme Court, California Supreme Court, California Courts of Appeal, Appellate Practice

Delay in our Courts of Appeal

MCLE
Aug. 6, 2018
By Kirk Jenkins

Appeals take too long, people argue; there should be a time limit within which an appeal must be decided. It might seem as if ...


Labor/Employment, Corporate

Workplace marginalization is a problem

Aug. 6, 2018
By Branigan Robertson

Due to the current state of the law, employment attorneys are usually powerless to help.


State Bar & Bar Associations, Ethics/Professional Responsibility

State Bar should reject discipline charges alert proposal

Aug. 3, 2018
By Zachary D. Wechsler

The State Bar of California is considering a proposal to begin applying a consumer alert badge to State Bar member profile pag...


Civil Litigation, Administrative/Regulatory

Proposition 65 meets common sense

Aug. 3, 2018
By Joshua A. Bloom

Recent events suggest that courts and regulators are finally understanding that things have gone too far with regard to privat...


Civil Litigation, Law Practice

Evaluating personal injury cases: juror motivation

Aug. 3, 2018
By Lars C. Johnson

Jurors render big verdicts when jurors are motivated. In contrast, where jurors see their work as inconsequential, the results...


Law Practice

Partner departures can mean bad business for law firms

Aug. 3, 2018
By Daniel O'Rielly, Dena Roche

Even if it’s good, it’s bad.


U.S. Supreme Court, Civil Litigation, California Supreme Court

The U.S. Supreme Court’s decision in Ohio v. American Express may have far-reaching implications beyond the credit card industry.


Tax, Civil Litigation

A new tax trap for personal injury cases

Aug. 2, 2018
By Robert W. Wood

Only compensatory damages are tax free. Punitive damages and interest are always taxable, though this has changed radically u...


Civil Litigation

You settle an employment dispute, pay a hefty amount to plaintiff, and get a broad release of claims. You won’t have to deal w...


Real Estate/Development

Pop-up retailers: A landlord’s perspective

Aug. 2, 2018
By Laura Shidlovitsky

Pop-up shops are here to stay; the following is a list of characteristics that should be considered by a landlord interested i...


Labor/Employment, Alternative Dispute Resolution

DFEH is recruiting volunteer mediators for statewide initiative

Aug. 1, 2018
By Kevin R. Kish, Annmarie Billotti

With just 11 full-time and part-time DFEH mediators, there are far more cases in California that we can assist.


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

A right to bear arms, and no other rights

Aug. 1, 2018
By Hannah Shearer

If Brett Kavanaugh's views becomes the law in more cases like Young v. Hawaii, the right to bear arms is at risk of swallowing...


Labor/Employment

Employees who give the best years of their productive work life in the service of a single employer need protection


Civil Litigation, Labor/Employment

When no-rehire clauses go too far

Jul. 31, 2018
By Steven H. Kruis

Most successful employment mediations result in a written settlement agreement with standard and customary terms. One such ter...


Mergers & Acquisitions, Corporate

Good litigators avoid promoting M&A litigation

Jul. 31, 2018
By Roger L. Neu

Every word in hundreds of transaction documents has a bearing on a client's future liability. Knowing what those words should ...


Mergers & Acquisitions, Corporate

Sophisticated business owners and their counsel should consider alternatives to the usual pattern of negotiating term sheets.


Administrative/Regulatory

Cannabidiol entrepreneurs are stuck between the devil and the deep blue sea when it comes to legally compliant options for pro...


Litigation & Arbitration, Government, Alternative Dispute Resolution

On July 16, Gov. Jerry Brown signed Assembly Bill 3247. The bill, authored by the Assembly Committee on the Judiciary, amends ...


U.S. Supreme Court, Environmental & Energy

Can a federal agency designate lands that are uninhabitable by an endangered species as "critical habitat" of that species the...


U.S. Supreme Court, 9th U.S. Circuit Court of Appeals

In a trio of cases from the recently concluded October 2017 term, the U.S. Supreme Court decided national issues widely report...


Judges and Judiciary, Criminal, Appellate Practice

Appeals in traffic infraction cases

MCLE
Jul. 30, 2018
By Gail Dekreon

Earn MCLE credit familiarizing yourself with traffic infraction appeals.


Civil Litigation, Labor/Employment, California Supreme Court

Sky remains in place after high court wage ruling

Jul. 30, 2018
By Arthur F. Silbergeld, Tristan R. Kirk

After waiting a little over two years, California employers finally got an answer to the question of whether the Fair Labor St...


Judges and Judiciary, Government, Criminal

In California, all courts are mental health courts

Jul. 27, 2018
By Jeffrey A. Aaron

A new law signed by Gov. Jerry Brown that effectively turns all the superior courts in the state into mental health courts, an...


Law Practice, Ethics/Professional Responsibility

Can lawyers secretly (and ethically) record clients?

MCLE
Jul. 27, 2018
By Wendy L. Patrick

New York attorney Michael Cohen made headlines again after revealing that he secretly recorded conversations between himself a...


Civil Litigation, Intellectual Property, Contracts

Trump versus Daniels: A Storm brews over copyright

Jul. 27, 2018
By Mark A. Steiner, Meghan C. Killian

The settlement agreement between Stormy Daniels and President Trump is far from ordinary. It contains an assignment of copyrig...


Law Practice, Ethics/Professional Responsibility

Casual legal advice can have serious consequences

Jul. 27, 2018
By Shari L. Klevens, Alanna G. Clair

With the rise of new technologies that allow attorneys to communicate with potential clients in a seemingly unlimited number o...


Civil Litigation, Law Practice

Evaluating personal injury cases: evidentiary issues

Jul. 27, 2018
By Lars C. Johnson

Never take a firm settlement position without having a good understanding of the ability of each side to present important evi...