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Government, Constitutional Law

Eminent domain on the US-Mexico border

Mar. 8, 2017
By Gideon Kanner

Now that Trump is in office, construction of his fence is coming to pass and unsurprisingly, the process of right of way acqui...


Constitutional Law

The state high court has effectively ended the ability of public agencies to keep from the public communications about the pub...


Government

Under long-standing immigration laws, harboring undocumented immigrants carries the potential for both fines and imprisonment....


Judges and Judiciary

A teaching moment to stop and breathe

Mar. 8, 2017
By Scott C. Clarkson

The recent Oscars snafu provides a reminder to lawyers: All live events can glitch and the appropriate response is not to powe...


Constitutional Law

The 'very apex' of presidential powers

Mar. 8, 2017
By Robert L. Bastian Jr.

With the replacement immigration order on Monday, we have, if not quite in the sense Justice Jackson anticipated, entered the ...


Perspective

Calexit and the Constitution

Mar. 8, 2017
By Stephen J. Kaufman

This initiative, if adopted, would strike language from Article III, Section 1 of the California Constitution, which states: "...


Intellectual Property

Trump's plan to slash funding of National Endowment for the Arts could have a significant impact on the ability of volunteer l...


Law Practice

San Diego litigator joins DLA Piper

Mar. 8, 2017
By Matthew Sanderson

Mary C. Dollarhide, an attorney who led the employment practice at Paul Hastings LLP in San Diego, started her new position as...


Judicial Profile

Julie A. Palafox

Mar. 8, 2017
By Arin Mikailian

Orange County Judge Julie Palafox wins praise in family court for her patience and demeanor.


There is considerable talk today about leaving America. The head count is up, although it is still a small number compared to ...


Civil Rights

On March 1, a new California law took effect requiring single-user public restroom facilities to be gender neutral and to comp...


Government

The California Supreme Court has now held that emails, voicemails and texts related to government business on the private devi...


Appellate Practice

Writs: Part I

Mar. 7, 2017
By Myron Moskovitz

I often speak to local bar associations about "How To Win Appeals & Writs." I usually begin with Moskovitz's Rule #1: "Put...


Civil Rights

What does principle have to do with it?

Mar. 7, 2017
By Arthur Gilbert

Are lawyers selling out if they take cases for causes they find inimical to their cherished values? Does the principle that ev...


Judicial Profile

John L. Flynn III

Mar. 5, 2017
By Arin Mikailian

Orange County Judge John Flynn III grew up familiar with the courts and enjoys family law.


Perspective

Central Park Five: Trump vs innocence

Mar. 4, 2017
By Ronald W. Tochterman

In 1990, five boys, 16 and under, were convicted by New York juries of violent crimes committed during a "wilding" in New York...


Perspective

When do you need an outside investigator?

Mar. 4, 2017
By Ann Fromholz

A key criterion is bias. If there is a reasonable possibility that opposing counsel in trial could argue that the investigator...


Intellectual Property, Entertainment & Sports

NBA esports league raises new issues

Mar. 4, 2017
By Aaron B. Swerdlow

The NBA and Take-Two Interactive Software's new partnership to operate an esports league is a first for both the electronic ga...


Law Practice, Law Office Management

Triggered: a guide to the causes of partner departures

Mar. 4, 2017
By Daniel O'Rielly, Dena Roche

Well-managed firms try to anticipate situations that can lead to partner departures. The starting point is to know what can tr...


Law Practice, Ethics/Professional Responsibility, California Supreme Court

E-gad! Is e-discovery a liability trap for lawyers?

Mar. 4, 2017
By Louie H. Castoria

How is an attorney who is very proficient at most things, but thinks a pixel is a character from Peter Pan, supposed to "guide...


Technology & Science

#appellatetwitter

Mar. 4, 2017
By Jonathan Eisenman

With their increasingly relevant Twitter hashtag, #appellatetwitter, appellate lawyers have once again taken their rightful pl...


Letters, Judges and Judiciary, Government

I read in detail the recent article, "Governor diversifies state bench" (March 1, 2017). That article discussed the recently r...


Bankruptcy

One of the most complicated topics startup founders confront is how to provide compelling incentives to employees and other se...


Government

Trump, California at odds on estate tax

Mar. 3, 2017
By Robert W. Wood

If the federal estate tax law is repealed by Trump and Congress, estates in California will still pay, provided that a law pro...


The California Supreme Court recently said an unreasonable failure to timely disclose experts rendered the subsequent use of e...


Real Estate/Development

Avoiding juries: a transactional lawyer lesson

Mar. 3, 2017
By Michael Cypers

The California Court of Appeal recently concluded in a case that it was error for the trial court to strike the plaintiff's ju...


Government

County sheriffs and immigration detainers

Mar. 3, 2017
By Steve Mayer

A county board of supervisors can enact policies prohibiting most county employees from assisting in the enforcement of federa...


Law Practice

Knock knock! State Bar special master at your door

MCLE
Mar. 3, 2017
By Jonathan A. Goldstein

Since 1979, a select group of hand-picked individuals from the State Bar's Special Master's List have been responsible for car...


Perspective

It's that time of year again, when IRS Forms 1099 arrive. Perhaps no one likes IRS Forms 1099 except the Internal Revenue Serv...


U.S. Supreme Court, Constitutional Law

The distinction between belief and action

Mar. 2, 2017
By Thomas M. Hall

It is entirely legal to believe that various races should be segregated from each other. But someone who holds such a belief c...