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Government, Corporate, Antitrust & Trade Reg., Administrative/Regulatory

With mounting political pressure from Congress, the Trump administration, and multiple Democratic presidential candidates, 202...


Labor/Employment, Government

New law unconstitutionally restricts freelance journalists

Mar. 9, 2020
By Caleb Trotter, Jim Manley

One-size-fits-all solutions never fit anyone very well. That is especially true when it comes to picking a career. California ...


Family, Criminal

Navigating the law of Domestic Violence Restraining Orders

MCLE
Mar. 9, 2020
By Robin Birnbaum, Jillian E. Atuegbu

The goal of this article is to provide attorneys with practical information relating to the issuance of domestic violence rest...


Alternative Dispute Resolution

The psychology of settlement

Mar. 9, 2020
By Stacie Feldman Hausner

Using the science of influence to gain an advantage in settlement discussions


Letters, Law Practice, Civil Litigation

A recent guest column by Colorado attorney Lee Mickus purports to offer a broad critique of California’s lemon law by lamentin...


Legal Education

As President Barack Obama once observed, economic justice — making sure that every American has the opportunity to succeed — i...


Law Practice, Civil Litigation

Is the defense bar being out-lawyered?

Mar. 6, 2020
By Robert F. Tyson Jr.

Nuclear verdicts — often those in which damages exceed $10 million — are increasingly commonplace in this country, presenting ...


Labor/Employment, Civil Litigation

A review of disability discrimination claims in 2019

MCLE
Mar. 6, 2020
By Jeffrey D. Polsky

In 2019, disability discrimination claims were among the most frequently filed employment discrimination claims in California ...


Labor/Employment

California has long been a national trend-setter in employment law. While some federal agencies of late have generally been mo...


Law Practice, Ethics/Professional Responsibility

Tips for taking confidential information across the border

Mar. 6, 2020
By Shari L. Klevens, Alanna G. Clair

In recent years, the number of electronic device searches at the border has skyrocketed as part of an increased focus on borde...


U.S. Supreme Court, Labor/Employment, Civil Litigation

The Supreme Court’s decision in a case last week will have wide-reaching implications. Now, plan administrators can no longer ...


Tax

Section 280E of the Internal Revenue Code revisited

Mar. 6, 2020
By Stanley S. Jutkowitz

In basic terms, Section 280E denies a marijuana business the ability to deduct its business expenses in computing its federal ...


Tax

Simple question on IRS Form 1040? Be careful

Mar. 6, 2020
By Robert W. Wood

Tax returns have to be filed under penalties of perjury. You might not think about it each year when you get to the bottom of ...


Alternative Dispute Resolution

When it comes to mediation, there is one lesson from our youth to keep in mind: different strokes for different folks.


Intellectual Property, Civil Litigation

Why is the 5Pointz decision so important to artists and building owners alike? The case sets boundaries on what building owner...


Law enforcement agencies throughout the state of California have been grappling with new laws that increase transparency and a...


Law Practice, Criminal

Even with the latest technology available, the actions and tactics of law enforcement are criticized by the media and the publ...


Insurance, Construction, Civil Litigation

It’s commonly stated that when it comes to subrogation actions, where an insurer seeks reimbursements from responsible third p...


U.S. Supreme Court, Constitutional Law

When Justice Clarence Thomas dissented from the denial of certiorari last week in Howard and Karen Baldwin v. U.S., he lamente...


Government, Environmental & Energy, Administrative/Regulatory

Policy announcements are frequently no more than applause lines. The Trump administration is particularly prone to policy anno...


Government, Administrative/Regulatory

California is marking National Consumer Protection Week this year with the prospect of a major overhaul of the Department of B...


Probate, Civil Litigation, California Supreme Court, California Courts of Appeal

The California Supreme Court recently granted a petition for review of a case that primarily addresses whether a trust can be ...


U.S. Supreme Court, International Law, Immigration, Civil Litigation

In a ruling last week, the Supreme Court said it considered Congress to be in the best position to evaluate federal official l...


Obituaries, Law Practice

Remembering Francis McGovern

Mar. 4, 2020
By Vaughn R. Walker

With his passing, the legal world has lost a practical scholar of enormous range and experience.


Law Practice, Judges and Judiciary

Algorithms and the persuadable judge

Mar. 4, 2020
By Curtis E.A. Karnow

Algorithms might persuade, but only humans can be persuaded.


California Supreme Court

Last week, the California Supreme Court decided two cases about the effect of its watershed decision People v. Sanche, governi...


Law Practice, Appellate Practice

It’s not easy being green

Mar. 3, 2020
By Benjamin G. Shatz

Exceptionally Appealing: A monthly column devoted to exploring exceptions to general appellate rules.


U.S. Supreme Court, Family

Last week the U.S. Supreme Court handed down a much-anticipated ruling involving the Hague Convention on the Civil Aspects of ...


Letters, Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals

Kent Scheidegger's Feb. 11 Daily Journal column, "The 9th Circuit ducks its judicial obligations in ruling" en banc in Ellis v...


Government, Education Law

With AB 376 California can help respond to the student debt crisis

Mar. 3, 2020
By Dalié Jiménez, Jonathan D. Glater

Today, nearly one in four Californians each carry an average student debt obligation exceeding $35,000. That adds up to more t...