U.S. Supreme Court, Tax, Banking
A Bitt[n]er pill to swallow
By Robert E. Dugdale, Daniel Barlava
Supreme Court to consider method of calculating tax penalties for non-willful FBAR errors
Labor/Employment, Government
Assembly Bill 257: fast food workers just got super-sized
By May Mallari
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
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
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...
Trust litigation lawyers should not be hesitant to contact the estate planner or tax accountant associated with the estate’s s...
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...
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)
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
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
Southwest Airlines provides safe landing for Domino's arbitration agreement
By Andrew Pincus
The Supreme Court's decisions about airplane cargo loaders and in-state delivery drivers undermine the Ninth Circuit's interpr...
Securities, Antitrust & Trade Reg.
Receivership: preserving justice in financial fraud cases
By Ryan Griffith
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
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
In Bittner v. United States, the rule of lenity awaits its renaissance
By Joshua M. Robbins
Once broadly and robustly applied to statutory interpretation in this country, the rule of lenity has fallen into relative dis...
Litigation & Arbitration
The status of plaintiffs’ post-offer costs when a 998 offer is rejected
By Laura Reathaford
If the purpose of 998 offers is to facilitate settlement by disincentivizing plaintiffs to proceed to trial in the face of rea...
Labor/Employment
Federal ban on nondisclosures for sex-based claim could be just a first step
By Sonya D. Goodwin
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
By Gary A. Watt, Patrick Burns
The United States Supreme Court may soon decide whether appeals from orders denying arbitration automatically stay liti...
Creating a distinction in Section 5314 between the reporting form and the reporting itself is nothing more than a creative dis...
Including disabled professionals in our employment efforts is our moral obligation, professional responsibility, and legal obl...
Technology, Intellectual Property
California District Court holds dance moves in Fortnite did not infringe copyright
By Lee S. Brenner
The claims in Hanagami involved a registered copyrighted work, which allowed the Court to dismiss the claims after enga...
Judges and Judiciary, Criminal
Criminal justice is at “a familiar crossroads”
By John McKinney
“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
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...
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
Losing light in favor of darkness – LA court’s relocation of reporters
By Travis M. Poteat
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
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
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
Yeshiva University and the doctrine of ‘one last chance’
By Gregory Dolin
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
NIL’s continuing impact on college sports and the law
By Frank N. Darras
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
The balance between “possible” causes and rampant speculation
By Jesse Creed
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
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)
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...