Law Practice, Ethics/Professional Responsibility
I don’t vouch, and none of us should
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
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
Appellate Adventures, Chapter Seven: "Is the Statement of Facts Important?"
By Myron Moskovitz
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
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
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
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
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
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
By Daniel O'Rielly, Dena Roche
Even if it’s good, it’s bad.
U.S. Supreme Court, Civil Litigation, California Supreme Court
California law is an increasingly important source of relief
By Brian Danitz
The U.S. Supreme Court’s decision in Ohio v. American Express may have far-reaching implications beyond the credit card industry.
Only compensatory damages are tax free. Punitive damages and interest are always taxable, though this has changed radically u...
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
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
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
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
California should do more to protect long-term employees
By William M. Crosby
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
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
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
A strategic approach to negotiating term sheets in transactions
By Matt Eanet
Sophisticated business owners and their counsel should consider alternatives to the usual pattern of negotiating term sheets.
Administrative/Regulatory
CBD: So hot right now, but will it land business owners in hot water?
By Rebecca Stamey-White
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
California modifies arbitration agreement enforcement language
By Chris Micheli
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
High court to review unreviewable designations of uninhabitable "critical habitats"
By David M. Ivester
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
Cases affect further decisions unfavorable to the 9th Circuit
By Lawrence Waddington
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
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
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
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?
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
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
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
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...