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Family

Collecting child, spousal support using retirement assets and income

Aug. 3, 2020
By Ira M. Friedman, David Friedman

Often while the obligor is actively working it is relatively easy to collect the past due amount or the current support throug...


Law Practice, California Supreme Court

Chin up

Aug. 3, 2020
By Arthur Gilbert

I had dinner the other evening with the philosopher Heraclitus of Ephesus. I remarked that Justice Ming Chin was retiring from...


Law Practice, Appellate Practice

Creative brief writing

Aug. 3, 2020
By Myron Moskovitz

How you write a brief is hemmed in by the Rules of Court and, to a lesser extent, by custom (what judges are used to seeing). ...


U.S. Supreme Court, Constitutional Law

Rulings show the fall of the wall between church and state

Aug. 3, 2020
By Julie A. Werner-Simon

Four U.S. Supreme Court cases from last term, coupled with the news that the Catholic Church received $1.4 billion in COVID-19...


Labor/Employment

NLRB undermines the ‘heart’ of Section 7 protected activity

Aug. 3, 2020
By Dennis F. Moss, Jeremy F. Bollinger

Imagine that your client learns in the course of a workplace arbitration where she was awarded $500,000 that a company owner h...


U.S. Supreme Court, Environmental & Energy

What is a “Water of the United States?”

Aug. 3, 2020
By Marc R. Bruner

Courts are already issuing conflicting decisions in litigation involving the new WOTUS regulations.


Judges and Judiciary, Ethics/Professional Responsibility

In California the judge’s Oath of Office begins, “I solemnly swear that I will support and defend the Constitution of the Unit...


Law Practice

A remote perspective on Johnny Depp’s libel action

Jul. 31, 2020
By Alexander Rufus-Isaacs

For three weeks in July, the main conference room at the Beverly Hills Bar Association functioned as an extension of England’s...


Law Practice

Cross-examination: Avoiding ambush by witness

Jul. 31, 2020
By Michael L. Stern

Here are some pointers on how to avoid putting a foot in your mouth when the judge says, “Cross-examination, please.”


Law Practice

The Reptile Theory: Use it!

Jul. 31, 2020
By Robert F. Tyson Jr.

The number one driver of nuclear verdicts is juror anger. The challenge for defense lawyers is to figure out how to defuse tha...


U.S. Supreme Court, Health Care & Hospital Law, Civil Rights

On July 8, the Supreme Court issued a blow to the ongoing fight for birth control access. The case in question involved a rule...


Law Practice, Civil Litigation, Alternative Dispute Resolution

A former general counsel and litigator turned mediator's take on potential rude awakenings and steps to avoid them.


Civil Rights, Books

In his new book, “The Deviant’s War,” Eric Cervini chronicles how Kameny’s sheer determination began to chip away at homosexu...


The first test of whether corporate “federal forum selection” clauses will be enforced by California courts will occur on Frid...


Civil Litigation

Trends emerge under Northern District’s class settlement guidelines

MCLE
Jul. 30, 2020
By Darren K. Cottriel, Ann T. Rossum

In November 2018, the United States District Court for the Northern District of California adopted the Procedural Guidance for...


Labor/Employment

Post-Janus power shift of California’s private and public sector unions

Jul. 30, 2020
By Che I. Johnson, Kevin J. Chicas

As private sector management rights grow, public sector employers are seeing a growing imbalance.


State Bar & Bar Associations, Ethics/Professional Responsibility

The State Bar of California’s confused crusade against LegalMatch

Jul. 30, 2020
By Ellen A. Pansky, Carl I.S. Mueller

In order to improve access to legal services, the State Bar should promote the use of online attorney referral and matching sy...


Letters, Consumer Law, Civil Litigation

The July 27 column, “Time to end systematic abuse of California’s lemon law,” authored by two Hyundai Motor America in-house c...


Government, Civil Litigation

In important ways, the John Bolton and Mary Trump cases are not representative of the broader ongoing efforts of Trump and his...


Law Practice

Bad and getting worse: homelessness in Los Angeles

Jul. 29, 2020
By Myanna Dellinger

In part overshadowed by fears of COVID-19, the homelessness situation in Los Angeles and beyond is far from easing up. Once t...


U.S. Supreme Court, Constitutional Law

Time to reconsider Jacobson?

Jul. 29, 2020
By Scott J. Street

Religion continued its losing streak against the COVID-19 pandemic in the U.S. Supreme Court over the weekend, as the court re...


Labor/Employment

Those that do not comply with the state’s evolving guidance on workplace safety and health will likely be subject to citations...


Family, California Supreme Court

Knowing when an asset or liability is community or separate property is essential, not just in a divorce but also in debtor-cr...


Law Practice

When implementing modern-day technology for law practices and the courts, there is an oft-used line known to insiders that com...


Securities, Corporate, Banking

The rule restricts the ability of banking entities to engage in proprietary trading or to have certain interests in, or relati...


Securities, Corporate

PIPEs: Optionality in volatile markets

Jul. 28, 2020
By Sara L. Terheggen

A PIPE, or private investment in public equity, is a private placement transaction executed in accordance with the Section 4(a...


Law Practice

Managing COVID-19’s second wave of disruption for your law firm

Jul. 28, 2020
By Daniel O'Rielly, Dena Roche

Another wave of change is coming. We think of it as analogous to the aftershocks of an earthquake: They happen after the big e...


Government, Ethics/Professional Responsibility

The fact that the Department of Justice is used to carry out the president’s broad policy preferences is neither surprising no...


U.S. Supreme Court, Constitutional Law

Kelo, continued

Jul. 28, 2020
By Michael M. Berger

For those who have either forgotten or don’t keep up with takings law, Kelo v. New London was the bombshell case in which a 5-...


Consumer Law, Civil Litigation

Time to end systematic abuse of California’s lemon law

Jul. 27, 2020
By Thomas N. Vanderford Jr., Zhanna Bulkina

In the midst of the current global pandemic, California’s state courts have been severely impacted. Now, more than ever, it is...