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U.S. Supreme Court, Tax, Banking

A Bitt[n]er pill to swallow

Nov. 1, 2022
By Robert E. Dugdale, Daniel Barlava

Supreme Court to consider method of calculating tax penalties for non-willful FBAR errors


Labor/Employment, Government

Plaintiff’s attorneys will be integral in the enforcement of the FAST Recovery Act and should be encouraged to take on such ca...


Law Practice, Appellate Practice

Dead party, dead appeal

Nov. 1, 2022
By Benjamin G. Shatz, Benjamin E. Strauss

The Grim Reaper visits everyone, including litigants and lawyers, and rarely at a convenient time. If those left behind are no...


Government

Beware of elected officials proposing recall reforms

Nov. 1, 2022
By David A. Carrillo, Joshua Spivak

Automatic replacement doesn’t make recalls any cheaper – elections officials still need to hold the recall special election. I...


Tax, Probate

Trust litigation lawyers should not be hesitant to contact the estate planner or tax accountant associated with the estate’s s...


Government

Measure A and sheriff accountability in LA County

Oct. 31, 2022
By Andrés Dae Keun Kwon

L.A. County will not be the first county in the state to take this important step to create a system of local government check...


Tax

California has passed two laws that will shield many wildfire victims from having to pay a state tax on their fire legal settl...


Entertainment & Sports

Stream it Tonight! Evelyn (2002)

Oct. 28, 2022
By Michael Asimow, Paul Bergman

Though Ireland has a written constitution, the judges are steeped in the British tradition of parliamentary supremacy. Will th...


Law Practice, Appellate Practice

Pro Bono Week 2022 – law in everyday life

Oct. 28, 2022
By Allison L. Wang

At its heart, the celebration is an opportunity to connect the pro bono community across the nation by showcasing the incredib...


U.S. Supreme Court, Litigation & Arbitration, Labor/Employment

The Supreme Court's decisions about airplane cargo loaders and in-state delivery drivers undermine the Ninth Circuit's interpr...


Securities, Antitrust & Trade Reg.

Financial fraud is becoming a cost of doing business, with no real repercussion other than monetary loss to a defendant that c...


U.S. Supreme Court, Labor/Employment, Constitutional Law

Get the Door. It’s Intrastate Delivery

Oct. 27, 2022
By Jared W. Slater

Intrastate movement of the new good, created in-state, is not the same good that came from out-of-state.


U.S. Supreme Court, Banking

Once broadly and robustly applied to statutory interpretation in this country, the rule of lenity has fallen into relative dis...


Litigation & Arbitration

If the purpose of 998 offers is to facilitate settlement by disincentivizing plaintiffs to proceed to trial in the face of rea...


Labor/Employment

If victims of sexual assault avert further harm by making their stories public, the same should be true for minorities and the...


Litigation & Arbitration

Staying litigation while an order denying arbitration is appealed

Oct. 26, 2022
By Gary A. Watt, Patrick Burns

The United States Supreme Court may soon decide whether appeals from orders denying arbitration automatically stay liti...


Tax, Government, Banking

Bittner - another illegal money grab

Oct. 26, 2022
By Nina Marino

Creating a distinction in Section 5314 between the reporting form and the reporting itself is nothing more than a creative dis...


Labor/Employment

Inclusive and unbiased job postings

Oct. 26, 2022
By Areta K. Guthrey

Including disabled professionals in our employment efforts is our moral obligation, professional responsibility, and legal obl...


Technology, Intellectual Property

The claims in Hanagami involved a registered copyrighted work, which allowed the Court to dismiss the claims after enga...


Judges and Judiciary, Criminal

“Reforms” have resulted in weakened criminal accountability and a revolving door of justice – the perfect formula for increasi...


U.S. Supreme Court, Banking

Bank Secrecy Act exposes failure of Congress in articulating its intent

Oct. 25, 2022
By Ariel A. Neuman, Alexander H. Tran

The circuit split that must be resolved in Bittner - with the Ninth and Fifth Circuits offering competing but both argu...


Civil Litigation

Cancer and the law

Oct. 24, 2022
By Shelly Rosenfeld

Someone with cancer often faces unexpected challenges, and though they might not need a lawyer, they may need to know their ri...


Judges and Judiciary

California gave courts $30 million this year to hire reporters for family and civil courtrooms. LASC received $9 million, but ...


Real Estate/Development, California Courts of Appeal

Real estate exactions – again

Oct. 24, 2022
By Michael M. Berger

It is time for either the California Supreme Court to revisit its earlier decisions in light of the clear holdings and analysi...


Health Care & Hospital Law, Criminal

MICRA does not apply to death due to elder abuse

Oct. 24, 2022
By Stephen M. Garcia

Plaintiff’s attorneys should guard closely against improper attempts by the defense to sweep wrongful death actions based on e...


U.S. Supreme Court, Education Law, Civil Rights

This Court understands that once someone is compelled to violate their religious precepts, is precluded from speaking, or is p...


Torts/Personal Injury, Intellectual Property, Entertainment & Sports

The Big Ten conference has always been a major draw in college sports, so it is no surprise that prestigious schools have rece...


Law Practice, Appellate Practice

Trial courts are likely to and should impose real limits on expert opinions regarding “possible” alternative causes under well...


Law Practice, Appellate Practice

Third-parent claims require careful navigation

Oct. 21, 2022
By Patti C. Ratekin

In 2013, Gov. Jerry Brown signed into law SB 274, granting California’s family and juvenile courts the discretion to recognize...


Entertainment & Sports

Stream it Tonight! Town Without Pity (1961)

Oct. 21, 2022
By Paul Bergman, Michael Asimow

Even with rape shield laws in place, defense lawyers frequently argue that the victim consented. Such trials can be a harrowin...