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Law Practice, Appellate Practice

Do I make myself clear?

Dec. 18, 2017
By Myron Moskovitz

We lawyers spend a good chunk of our waking hours writing stuff. We write briefs, letters, emails -- you name it. So it's wort...


U.S. Supreme Court, Civil Litigation, Ethics/Professional Responsibility, Criminal, Constitutional Law, California Supreme Court

Batson/Wheeler objections to peremptory challenges

MCLE
Dec. 18, 2017
By Gregory L. Prickett

The objective of this article and self-study test is to review the law regarding objections to the use of peremptory challenge...


Civil Litigation, Entertainment & Sports, Contracts, California Courts of Appeal

The 2nd District Court of Appeal ruled earlier this year that profit participants could not rely on the discovery rule to brin...


Ethics/Professional Responsibility, Contracts, California Courts of Appeal, Appellate Practice

Beware boilerplate settlement agreement language

Dec. 18, 2017
By Carey L. Cooper

A cautionary tale on the perils of "plugging in" those standard settlement terms when more careful drafting is warranted.


Government, Education Law, Constitutional Law

Controversial campus speakers and the law

Dec. 18, 2017
By Karen A. Feld

This year has seen different responses on college campuses with regard to controversial speakers.


Real Estate/Development

Buying out a tenant in San Francisco

Dec. 18, 2017
By Michael McLaughlin, Craig Ackerman

If you are thinking about selling a tenant-occupied property in a rent control jurisdiction with eviction protections, such as...


Law Practice, Ethics/Professional Responsibility, California Supreme Court, State Bar & Bar Associations, Administrative/Regulatory

The evolution of the State Bar

Dec. 15, 2017
By James Otto Heiting

Whatever your view, changes are aplenty, and more are coming. If you get a chance, make your own contribution to the bettermen...


Government, Constitutional Law, California Supreme Court, Administrative/Regulatory

Imagine that you're one of the more than 350,000 women in California who becomes unexpectedly pregnant every year. Maybe you f...


U.S. Supreme Court, Civil Litigation, Intellectual Property, Corporate

Ruling begins to explore the new patent venue landscape

Dec. 15, 2017
By Jeffrey M. Fisher, Nadia C. Arid

Following the U.S. Supreme Court's groundbreaking decision narrowing venue in patent infringement cases, unanswered questions ...


Civil Litigation, Government, Constitutional Law, Administrative/Regulatory

Preventing animal abuse is an issue many Californians support. But now 13 states are suing California over a law that says tha...


Judges and Judiciary, Ethics/Professional Responsibility

Judging on the graveyard shift

Dec. 15, 2017
By Lawrence P. Riff

The world of graveyard shift night owls is unfamiliar to lawyers who go on to become judges.


Judges and Judiciary

By now you likely know of the unfolding, slow-motion public crucifixion of 9th Circuit Judge Alex Kozinski.


Labor/Employment, Government, Corporate, Administrative/Regulatory

The Department of Labor announced last week that it intends to reverse course on the issue of tip pooling and give employers g...


Law Practice, Judges and Judiciary, Ethics/Professional Responsibility

Admiration for those who struggle to be on juries

Dec. 15, 2017
By Anthony J. Mohr

Half the state may want to avoid jury duty, but the other half includes not just those who serve with alacrity, but some who s...


Civil Litigation, Alternative Dispute Resolution

It ain't over til it's over

Dec. 15, 2017
By Carlos Moreno

Yogi Berra's famous baseball tautology resonates with its obvious simplicity. This adage also rings true especially in litigat...


Civil Litigation, Education Law

Universities can be distinctly different in structure than corporations, and so applying the law will vary depending upon the ...


Year in Review Column, U.S. Supreme Court, Civil Litigation, Corporate, Constitutional Law

Defense strategies shift in Spokeo's wake

Dec. 14, 2017
By Cary D. Sullivan, Chris Waidelich

It has been more than 18 months since the U.S. Supreme Court issued its decision holding that a bare, technical violation of t...


Year in Review Column, Civil Litigation, Intellectual Property

Inter partes review turned five years old this year, and the process has been widely adopted as a complement to patent litigat...


Law Practice, Judges and Judiciary

Kozinski and the number Six

Dec. 14, 2017
By Robert L. Bastian Jr.

This diatribe against 9th Circuit Judge Alex Kozinski's dismissive response to a Washington Post report which describes his al...


Civil Litigation, Law Practice

Trial lawyer Thomas V. Girardi

Dec. 14, 2017
By James R. Rosen

In a new series, James Rosen writes about the stories of prominent trial lawyers. This first installment discusses Tom Girardi...


Civil Litigation, Intellectual Property, Entertainment & Sports

Suit claims Disney plundered ‘Pirates’ script

Dec. 14, 2017
By Delia Ramirez

In a recent case, Disney has found itself in another battle with writers for an alleged infringement of a screenplay in creati...


Tax, Law Practice, Government, Corporate, Administrative/Regulatory

Both the House and Senate version of the Tax Cuts and Jobs Act include provisions that reduce the taxation of pass-through inc...


Tax, Law Practice

House and Senate tax bills target contingency fees

Dec. 14, 2017
By Robert W. Wood

Many lawyers assume that if they pay for a deposition transcript, a court reporter, or travel expenses for a hearing, they can...


Year in Review Column, Government, Corporate, Administrative/Regulatory

What past is prologue for government enforcement in 2018?

Dec. 13, 2017
By Kimberly A. Dunne, James M. Perez

While 2017 began with questions about the new administration's enforcement agenda, it ends with many still unanswered question...


U.S. Supreme Court, Judges and Judiciary, Constitutional Law, Civil Rights

Leading us out of the cultural divide

Dec. 13, 2017
By Douglas Potts

Can court outreach inspire the public to dialogue with opposing factions on contentious social issues? It did just that with a...


Year in Review Column, Government, Corporate, Antitrust & Trade Reg., Administrative/Regulatory

Criminal antitrust enforcement likely to keep pace

Dec. 13, 2017
By Nell Clement, James Allison

Despite these leadership changes, it appears that criminal enforcement of antitrust violations will continue under President D...


Labor/Employment, Government, Corporate, Administrative/Regulatory

A step in right direction for family rights at work

Dec. 13, 2017
By Neal S. Salisian, Jay Lichter

As is typical of most legislation affecting business policies, SB 63 has stirred opposition in some, while leaving proponents ...


Tax, Government, Corporate, Administrative/Regulatory

Tax reform, tax reform, tax reform

Dec. 13, 2017
By Erin Bradrick

It seems clear that there is likely to be significant impact on the nonprofit sector no matter what tax bill Congress passes.


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

How do you spell ‘G-U-I-D-A-N-C-E’?

Dec. 12, 2017
By Brian M. Hoffstadt

Although the courts' hesitancy to give guidance for future cases seems maddening at first blush, there is some method to that ...


Labor/Employment, Government, Constitutional Law, Civil Rights, Administrative/Regulatory

Legislative Open Records Act reform is needed

Dec. 12, 2017
By Duffy Carolan

Confronted with mounting pressure to address sexual harassment in the state's capital, the California Legislature needs to do ...