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Probate

Much ado about standing

Feb. 6, 2020
By Kevin Rodriguez, Mathew John

The California Supreme Court just reopened the probate court to disinherited trust beneficiaries.


Government, Criminal

Boudin election as DA is consistent with larger trend

Feb. 6, 2020
By Allison B. Margolin, Xochilt Gama

There is a pattern taking place throughout the entire country. More progressive individuals are running and being elected to ...


Labor/Employment, Alternative Dispute Resolution

Mandatory arbitration agreements are used by employers to require employees, as a term and condition of employment, to agree t...


Government, Administrative/Regulatory

What do the American Bible Society, Consumer Reports, Girl Scouts of the USA, and Sierra Club have in common? All of them use ...


Labor/Employment

Open competition: Trending noncompete litigation in California

Feb. 5, 2020
By Nicholas Kanter, Tal Burnovski Yeyni

Many states in the United States permit contractual restraints on trade, provided the restraints are reasonable. California wa...


Intellectual Property

Rethinking artists’ moral rights in the age of social media

Feb. 5, 2020
By Kimberly Almazan, Lauren Bursey

Artists’ moral rights, or the rights of creators of copyrighted work to protect and control the fate of their work, are arguab...


Letters, Government, Constitutional Law

Column was wrong on the rules of impeachment

Feb. 5, 2020
By Richard A. Nixon

Even if something is not a crime, it could be a high crime? This non sequitur is outrageous on its face and cannot be true.


Military Law, Civil Rights

Friends without benefits

Feb. 5, 2020
By Eileen C. Moore

The military’s gay policy is still harming veterans


Civil Litigation

In what is the largest privacy class action settlement to date, Facebook Inc. announced that it will settle a high-profile law...


Tax, Real Estate/Development

In fact, many investors who thought funds they received from Section 1031 exchanges last year are taxable and believe nothing ...


Judges and Judiciary

Philip Saeta: A great trial judge

Feb. 4, 2020
By Michael L. Stern

The judicial career of the recently-passed Los Angeles County Superior Court Judge Philip Saeta is one that deserves more than...


Appellate Practice

Length matters

Feb. 4, 2020
By Benjamin G. Shatz

Last month’s column ended with an aphorism from Honest Abe about catching flies with honey. (But who wants to catch flies anyw...


Letters, Government, Criminal

Public defenders are real lawyers

Feb. 4, 2020
By Jackie Lacey

Public Defenders are committed to the cause of justice for their clients. They fight vigorously to defend them. They work lon...


Construction, Civil Litigation

While the Court of Appeal’s decision is relatively straightforward it seems that its decision was grounded primarily on how th...


Law Practice

A parent-child privilege?

Feb. 4, 2020
By Tamara M. Kurtzman

The time for recognition of a parent-child privilege has come.


Law Practice, Judges and Judiciary

Taking credit or blame for the future

Feb. 3, 2020
By Arthur Gilbert

Consider to what extent an incident, a moment in our past, is significant within the endless chain of what we think is cause a...


Labor/Employment, Education Law, California Supreme Court

High court guidance on unemployment benefits public school employees

Feb. 3, 2020
By Michael D. Youril, Laura Schulkind

In a recent decision the California Supreme Court established a framework for determining when public school employees are eli...


Law Practice, Appellate Practice

Harmless error

Feb. 3, 2020
By William Stein, Myron Moskovitz

Lawyers sometimes think, “The judge was wrong. That evidence was not admissible. So I’ll win the appeal. All I need to do is w...


Intellectual Property

What specific trade secrets were stolen, and why should they be given any protection? These seem to be fair questions to ask a...


U.S. Supreme Court, Government, Criminal

The U.S. Supreme Court recently heard oral arguments in the appeal of the criminal convictions related to the so-called “Bridg...


Labor/Employment

A temporary amnesty from AB 5?

Jan. 31, 2020
By Michael J. Nader

At least nine bills have been introduced seeking exemptions from AB 5, including for small businesses, newspaper deliverers, f...


Government, Ethics/Professional Responsibility

Party politics aside and irrespective of whether a Republican or Democrat occupies the White House, let's look at what some of...


Environmental & Energy

Understanding how the world got to its present state in terms of climate change requires looking at some basic tenets.


Family

ERISA’s impact on prenuptial agreements

Jan. 31, 2020
By Jeffrey P. Blum

The uncertain impact of the Employee Retirement Income Security Act upon prenuptial agreements provides more cause to shy away...


Law Practice

Comedy and the law

Jan. 30, 2020
By Kevin Ruf

Comedy and law don’t seem compatible. “The law,” after all, is serious and sober, the cases themselves often complicated and,...


U.S. Supreme Court, Environmental & Energy, Administrative/Regulatory

The EPA has adopted new final regulations to redefine the term “waters of the United States.”


State Bar & Bar Associations, Legal Education, Law Practice

Keep California meritocratic

Jan. 30, 2020
By Mitchell Keiter

Americans, especially Californians, celebrate meritocracy, the idea that what what we do matters more than where we are from. ...


U.S. Supreme Court, Civil Litigation

Supreme Court to consider validity of TCPA exemption in new case

Jan. 30, 2020
By Ana Tagvoryan, Harrison M. Brown

Earlier this month, the U.S. Supreme Court granted a petition for writ of certiorari to review a decision on the constitutiona...


Legal Education, Law Practice

Why are you talking about yourself?

Jan. 30, 2020
By Frank H. Wu

In Civil Procedure, I assign students to visit court, watch any civil dispute, and write up their observations, because the co...


Law Practice, Judges and Judiciary

At the end of each year, for the past seven years, I have counted the number and type of motions that were decided in Departme...