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Ocean-bound cargo requires careful documentation

Jun. 17, 2024
By Terry Coniglio

Shippers and carriers may face huge losses or disputes if they neglect or omit the details of their contracts, such as the val...


The Problem Method Part 1: What is it?

Jun. 17, 2024
By Myron Moskovitz

The problem method involves handing out a short story that poses several legal issues related to the cases assigned for the we...



Appellate Practice

The 11th U.S. Circuit Court of Appeals ruled that the Fearless Fund’s Strivers Grant Contest, which provides $20,000 to busine...


Contributing to charity can diminish tax obligations, yet it can also entail pitfalls like quid pro quo donations, valuation c...



Parents can empower their children to take ownership of their goals and decisions by offering them choices and feedback, much ...


Consumer Protection Law

Manufacturers should evaluate repurchase demands as soon as possible, as they can avoid civil penalties and high attorneys’ fe...



Stepping into the light at the end of the tunnel

Jun. 13, 2024
By Spencer J. Pahlke , Douglas S. Saeltzer

Transforming recovery into a sound financial future requires a relationship of trust with the client and connecting them with ...


Government, Criminal

Public defender resentencing units should not depend on annual budget battles, but rather receive permanent funding and recogn...



Criminal

The Trump verdict

Jun. 12, 2024
By Erwin Chemerinsky

The jury in New York made clear that no one, not even a former president, is above the law.


Alternative Dispute Resolution

The time-honored Japanese tea ceremony, stemming from the era of the samurai, serves as a blueprint for proficient mediation t...



Evidence, Contracts

Ceci n'est pas un contrat

MCLE
Jun. 12, 2024
By Ashfaq G. Chowdhury

The Legislature has not created an evidentiary privilege for collaborative law as it has for mediation. For those opting for c...


The rise of NAV financing in private equity

Jun. 12, 2024
By David A. Niemeyer , Alex Lyass

Private equity funds that contemplate an NAV facility should work with legal counsel and advisors who can help them navigate t...



Labor/Employment

A license to kill is no solution

Jun. 11, 2024
By Raphael Metzger , James P. Nevin

A proposal to license stone countertop fabrication shops will not prevent silicosis among workers. Artificial stone contains h...


Government, Criminal

California is facing a retail theft and fentanyl crisis, but the proposed solutions by politicians in Sacramento fall short of...



Alternative Dispute Resolution

There are 1.33 million lawyers and 40 million lawsuits filed in the US every year, creating a backlog and delay in the court s...


Civil Rights

A white teacher in Sacramento County has sued his union for reserving one seat on its governing board for a non-white member, ...



Labor/Employment

California employers must establish an effective workplace violence prevention plan by July 1, 2024, and applies to all Califo...


Environmental & Energy

Little Hoover Commission’s recommendations undermine fundamental CEQA protections

Jun. 10, 2024
By Jennifer Ganata , Douglas P. Carstens

The report fails to provide verifiable data or specific analysis to justify its proposals, and in some cases, contradicts its ...



Torts/Personal Injury

The Court applied the sliding scale of foreseeability factors from the California Supreme Court cases of ...


Torts/Personal Injury

My Uber driver caused my injuries: Who pays?

Jun. 10, 2024
By Arash Homampour

Proposition 22 and the statute only relate to workers’ compensation, and do not address the tort liability of app-based compan...



State Bar & Bar Associations, Letters

State Bar action is overdue in city attorney corruption scandal

Jun. 10, 2024
By Jerry Flanagan , Ryan Mellino

The State Bar of California is confronting its most significant test yet in proving its reformation efforts. This comes as the...


Family

Going gray: A look at divorce in later years

Jun. 7, 2024
By Roslyn Soudry

Gray divorce can affect retirement plans, savings, assets, insurance benefits, and personal possessions of the divorcing spous...



Tax

An expert witness on taxes?

Jun. 7, 2024
By Robert W. Wood

Tax professionals can play a vital role in clarifying the taxation of damages and legal fees, assessing tax gross-up assertion...


Ethics/Professional Responsibility

Client transgressions: What to do when a client plans to commit a crime

Jun. 7, 2024
By Shari L. Klevens , Alanna G. Clair

Lawyers who face ethical dilemmas when dealing with clients who propose or commit illegal acts may consult their firm’s in-hou...



Tax, Real Estate, California Supreme Court

California Supreme Court to decide on mansion tax’s fate

Jun. 6, 2024
By Jeffrey Dintzer , Garrett Stanton

The Taxpayer Protection and Government Accountability Act, an anti-tax initiative, is likely to pass in November, which could ...


Government

Poisoned by the government

Jun. 6, 2024
By Eileen C. Moore

The Camp Lejeune Justice Act of 2022 allows lawsuits against the government for injuries caused by contaminated water, but pla...



Entertainment & Sports

How NIL rights can impact pro sports

Jun. 6, 2024
By Frank N. Darras

Professional teams and scouts may face a shortage of experienced talent in the next few drafts, but also have a better sense o...


"State Bar Trustees Approve Expungement of Discipline Records," Daily Journal May 17. The State Bar should implement a more in...



Criminal, California Supreme Court

The Wheeler case provides a further avenue to obtain a dismissal of criminal charges for an innocent landlord even faster purs...


Torts/Personal Injury

Whiplash and Whiplash-Associated Disorder is no joke

MCLE
Jun. 5, 2024
By Reza Torkzadeh , Allen P. Wilkinson

Many people with whiplash recover in one to three months, but some develop chronic symptoms that can last for years and affect...