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Law Practice, Law Office Management

Resolution: Dust off the partnership agreement

Jan. 19, 2018
By Daniel O'Rielly, Dena Roche

Since it's the new year, it's a good time to tackle those things you been meaning to do, but never do. Clean the closets. Exer...


Real Estate/Development, Civil Litigation, Construction

An unfortunate trend developing in California is a tendency to mete out justice based on who or what you are, rather than base...


Law Practice

We all have many benefits by living in this great country, but as citizens we also have some obligations. One is for each of u...


U.S. Supreme Court, Letters, Criminal, Constitutional Law

Silk Road column has fatal flaw

Jan. 19, 2018
By Richard A. Nixon

A Jan. 10 article by attorney Tor Ekeland, "Searches, seizures and the Silk Road," advocates for updating the Fourth Amendment...


Tax

Whenever you disagree with the IRS, procedure is important. Pay attention to the order in which notices arrive, and to the spe...


U.S. Supreme Court, Civil Litigation, Labor/Employment, Administrative/Regulatory

Justices weigh overtime rules

Jan. 18, 2018
By Christian J. Scali, Jennifer Woo Burns

On Wednesday, the nation's highest court heard oral argument in a case which may send a broader signal as to whether the Trump...


Government, Environmental & Energy, Administrative/Regulatory

Environmental court battles take a backseat

Jan. 18, 2018
By R. Morgan Gilhuly, David M. Metres

There was no shortage of litigation, but it was climate change and policy shifts and climate change that made the biggest impact.


U.S. Supreme Court, Constitutional Law, Administrative/Regulatory

Pregnancy clinic case should be easy decision

Jan. 18, 2018
By Erwin Chemerinsky

In a term filled with difficult cases, National Institute of Family and Life Advocates v. Bacerra should be easy for the U.S. ...


Labor/Employment, Government, California Supreme Court, California Courts of Appeal

Nothing less than the future of public pensions at stake

Jan. 18, 2018
By Jorge J. Luna, Joshua E. Morrison

In order to save California's public pension systems, the California Supreme Court may ultimately need to allow lower courts t...


Civil Litigation, Labor/Employment, Entertainment & Sports

#MeToo and liability under the Talent Agencies Act

Jan. 18, 2018
By Phillip R. Maltin


Labor/Employment, Government, Corporate, Administrative/Regulatory

The message is clear: California is closed for business. Nowhere is this message better illustrated than in the new labor laws...


Immigration, Government, Administrative/Regulatory

Discriminatory immigration policy, past and present

Jan. 17, 2018
By Kevin R. Johnson

Trump's words and deeds make it crystal clear that he thinks about immigration in racial terms.


Government, Environmental & Energy, Administrative/Regulatory

Shift in offshore drilling policy is a step back

Jan. 17, 2018
By A. Barry Cappello

I've seen firsthand the devastation of an offshore oil spill. As a young lawyer for the city of Santa Barbara in 1969.


Year in Review Column, U.S. Supreme Court, Environmental & Energy, California Supreme Court, Administrative/Regulatory

Cases provide insight into shifting environmental policy

Jan. 17, 2018
By Davina Pujari, Sean G. Herman

With the appointments of Scott Pruitt (administrator of the Environmental Protection Agency), Ryan Zinke (secretary of the Int...


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

The U.S. Supreme Court will review whether lost profits can be awarded in patent cases based on use of patented systems occurr...


Civil Litigation, California Supreme Court, Appellate Practice

Just before Christmas, the California Supreme Court ruled that a product manufacturer can be liable for harms caused by a prod...


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

Sanctuary city battle is heating up

Jan. 16, 2018
By Charles S. Doskow

The financial stakes involved in the suit demonstrate the magnitude of the contest, and the deliberately coercive nature of th...


Criminal, Constitutional Law, Civil Rights

Data due process and no-money bail systems

Jan. 16, 2018
By Jeffrey J. Clayton

In just the past six months, scholars have begun to question the fairness and transparency of the algorithms used by risk asse...


Civil Litigation, Law Practice, California Courts of Appeal, Alternative Dispute Resolution, Civil Litigation, Law Practice, California Courts of Appeal, Alternative Dispute Resolution

At bottom, a recent decision reminds us that the litigation process is time-consuming, costly, and emotionally exacting. Attor...


U.S. Supreme Court, Corporate, Constitutional Law

High court takes case that could hit online retailers

Jan. 16, 2018
By William H. Gorrod

Several states have sought to challenge the U.S. Supreme Court's 1992 ruling that an out-of-state retailer with no physical pr...


Labor/Employment, Government, Corporate, Administrative/Regulatory

New parental leave act is a step forward for rights of working families

Jan. 16, 2018
By Katherine M. Wutchiett, Mariko Yoshihara

The New Parent Leave Act expands access to 12 weeks of job-protected baby bonding leave to qualifying workers who work for emp...


Year in Review Column, Civil Litigation, Judges and Judiciary

New law is driving down motions

Jan. 12, 2018
By Richard L. Fruin

The Legislature enacted of Code of Civil Procedure Section 430.41 in 2016, and earlier this month a new set of changes took ef...


Civil Litigation, Law Practice, Judges and Judiciary, Criminal

The art of closing arguments

Jan. 12, 2018
By Brian J. Hennigan

There is no "one size fits all" formula for a presenting an effective closing argument. But, there are a common number of prac...


Government, Criminal, Civil Rights, Administrative/Regulatory

There’s no excuse for Taser use in our jails

Jan. 12, 2018
By Richard G. Konda, Aram B. James

Watchdogs across the country are organizing to oppose police practices that run contrary to community values and our constitut...


Law Practice, Law Office Management, Ethics/Professional Responsibility

Communicating with clients regarding a lawyer departure

Jan. 12, 2018
By David M. Majchrzak, Heather L. Rosing

It is that time of year again. The holidays are over. Bonuses have been paid. Annual distributions to partners and shareholder...


Tax, Civil Litigation, Labor/Employment

The Tax Cut and Jobs Act, signed by President Donald Trump last month, makes a number of changes that can affect employment li...


Judges and Judiciary, Civil Rights, Civil Litigation

Access to justice for the disabled

Jan. 11, 2018
By Thomas F. Coleman

Current court rules are vague and flimsy. It is time for the Judicial Council to flex its rulemaking muscles and protect vulne...


Civil Litigation, Labor/Employment, Insurance, Civil Rights

Who will pay for your #MeToo experience?

Jan. 11, 2018
By Jaymeson Pegue

If the movement is to succeed, we may need to address, and litigate the issue of who pays.


Civil Litigation, Insurance, Construction, California Courts of Appeal

A lesson on the possibility of coverage existing

Jan. 11, 2018
By Garret D. Murai

Property damage claims often are the result of a sudden occurrence. But when damage occurs as a result of defective constructi...


Tax, Government, Administrative/Regulatory

If any state could use inspiration from the recent federal tax cuts, it's California, which has one of the country's heaviest ...