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Judges and Judiciary, Civil Litigation

The Special Verdict Paradox: Part II

May 3, 2017
By Michael J. Raphael

Is there a way that a rational civil jury can find on a special verdict form that a plaintiff has proven all the elements of a...


SB 10 and AB 42 will upend the entire statewide pretrial detention system and bypass the valuable input of the upcoming judici...


Judicial Profile

Mark Kim

May 3, 2017
By Arin Mikailian

LA County Judge Mark Kim says attorneys can count on his predictable decision-making.


Probate, Government

Apple recently denied Peggy Bush access to her deceased husband, David's, Apple ID password so she could reload an already pur...


Transportation

The Tesla Bubble

May 2, 2017
By Jonathan A. Michaels

Tesla Inc. -- the famed electric car company named after Serbian physicist Nikola Tesla -- has done what many considered to be...


U.S. Supreme Court, Government

One hundred days of Trump

May 2, 2017
By David DeGroot

In style, Trump's administration is a remarkable departure from modern presidential history.


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

This decision represents an apparent departure from prior jurisprudence on this issue, and a return to a holistic consideratio...


Government, Administrative/Regulatory

Ballot initiative fails to address subset of inmates

May 2, 2017
By Sharif E. Jacob, Andrea Nill Sanchez

Proposition 57 as currently written will do little (if anything) to reduce overcrowding caused by parole eligible life-term in...


Appellate Practice

Statement of facts: Part II

May 1, 2017
By Myron Moskovitz

Well-stated facts in appeals sway appellate judges more effectively than skillfully argued arguments.


23andMe green light is a shift for FDA

May 1, 2017
By James R. Ravitz, Paul Gadiock

The April authorization for the genetic health test represents a dramatic change in FDA's longstanding policy on consumer-orie...


Judges and Judiciary

Pardon the interruption

Apr. 30, 2017
By Arthur Gilbert

I read recently that conservative justices interrupt liberal justices at higher rates than vice verse — and, in another shocke...


Judicial Profile

Gerald Johnston

Apr. 30, 2017
By Arin Mikailian

Santa Ana Judge Gerald Johnston enjoys the intellectual and interpersonal challenges of probate.


Law Practice

Why was I awarded nothing in mandatory fee arbitration?

Apr. 28, 2017
By Jonathan A. Goldstein

Why did I lose when I did the work? This is the question most attorneys ask when they participate in fee arbitration with a fo...


Labor/Employment

California employers need to be aware that recent and future minimum wage increases affect designations of exempt employees.


Civil Litigation

Legislature considering asbestos bills

Apr. 28, 2017
By Margaret I. Johnson

Two bills that were recently introduced in the California Legislature's February session that impact asbestos litigation: Sena...


Judges and Judiciary

A conversation with the chief justice of Bhutan

Apr. 28, 2017
By Julie L. Kessler

I recently found myself in the landlocked Himalayan nation of Bhutan. Sandwiched between China and India, Bhutan is small -- j...


Law Practice, Labor/Employment

Coming soon: summer associates

Apr. 28, 2017
By John C. Kloosterman

Summertime romances are great, just not with the summer associates, and other rules to keep in mind as law students flood law ...


Law Practice, Ethics/Professional Responsibility

Breach of fiduciary duty vs professional negligence

MCLE
Apr. 28, 2017
By Kenneth C. Feldman, David D. Samani

Armed with a recent appellate decision, trial courts should readily sustain demurrers where such causes of action are nothing ...


U.S. Supreme Court, Native Americans

Tribal sovereignty at the high court

Apr. 28, 2017
By Jeremy K. Robinson

A recent Supreme Court ruling is an important decision and could expose tribes to new liability in state and federal courts.


Civil Rights

25 years after the LA riots

Apr. 28, 2017
By Angela M. Powell

It was April 29, 1992, and Los Angeles was on fire. The spark? A not-guilty verdict for the four Los Angeles Police Department...


Ethics/Professional Responsibility

Conflict of interest: current clients (Rule 1.7)

Apr. 28, 2017
By David M. Majchrzak

If adopted, Rule 1.7 will be a remarkable response to the Supreme Court's letter rejecting the previous package of proposed ru...


Environmental & Energy, Administrative/Regulatory

Bill addresses private Proposition 65 enforcement

Apr. 28, 2017
By Daniel J. Herling

Assembly Bill 1583 provides an effective enforcement mechanism for the California Safe Drinking Water Toxic Enforcement Act, a...


Securities, Corporate

Guidance on grants of equity to directors

Apr. 28, 2017
By Marc Boiron

In a recent decision the Delaware Court of Chancery provided guidance on grants of equity awards to directors. ...


Constitutional Law

Order is lawful use of spending clause

Apr. 28, 2017
By Kris Whitten

At the hearing held before U.S. District Judge William H. Orrick in San Francisco on April 14, the lawyer defending Trump's or...


Immigration, Criminal

It was only a matter of time before the escalating feud between California and President Donald J. Trump has finally arrived o...


Law Practice, Judges and Judiciary, Civil Litigation

The Special Verdict Paradox: Part I

Apr. 28, 2017
By Michael J. Raphael

If a jury finds that a civil plaintiff has proven each element of its claim, does it necessarily follow that the plaintiff has...


Law Practice

Order stay was an easy call

Apr. 28, 2017
By Kevin R. Johnson

It was a relatively easy case for Judge William H. Orrick given the Trump administration's failure to carefully draft a detail...


Civil Litigation, Labor/Employment

While initially it may seem enticing to attempt to pick-off the PAGA representative, it likely would only increase the employe...


Law Practice

Have a plan, but be ready to improvise

Apr. 27, 2017
By Hamid Yazdan Panah

Adopting a mentality focused on planning but capable of improvisation is essential to solo success, particularly in a rapidly ...


Civil Litigation, Ethics/Professional Responsibility

Lawyer as witness (Rule 3.7)

Apr. 27, 2017
By Raymond Y. Ryan

New proposed Rule 3.7 broadens the existing rule to render it unethical for an advocating lawyer to testify in the same bench ...