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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...


U.S. Supreme Court, Environmental & Energy

The plaintiffs should have the opportunity to argue this “discoverable and manageable” benchmark at trial.


Real Estate/Development

Landlords: What to know about California’s new rent control law

Jan. 29, 2020
By Grace Winters, Jordan Tessier

While heated debate continues over whether the new law will help tackle the state's affordability crisis, every owner and deve...


Constitutional Law

Property ‘dedication’: Gift or theft?

Jan. 29, 2020
By Michael M. Berger

I hate word games. One that has haunted the land use field for years is the use (or abuse) of the word “dedication.” Land use ...


Real Estate/Development, Land Use, Government

Rent control may well limit rent increases on current occupied units and enable existing tenants to remain in their units long...


Criminal, Corporate

Top white-collar criminal trends of 2019

Jan. 28, 2020
By Brook Dooley

2019 was notable for the number of white-collar criminal matters that broke into the public consciousness, whether it was the ...


Civil Litigation

Discovery 2020: The new frontier of e-discovery and early disclosure

Jan. 28, 2020
By Angela S. Haskins, Elizabeth A. Evans

In an ongoing effort to increase cooperation and meet the changing face of litigation, members of the California Legislature h...


Environmental & Energy

California’s environmentalists and renewable energy advocates have been working passionately, but mostly separately, for many ...


Appellate Practice

A compelling writ petition

Jan. 27, 2020
By Pablo Drobny

In my 35 years as writ attorney for Division 7 of the 2nd District Court of Appeal, I saw a range of writ petitions, from outs...


Constitutional Law, Civil Litigation

The eminent domain process

MCLE
Jan. 27, 2020
By Neli N. Palma

In this article and accompanying self-study test, readers will learn about the procedures for conducting discovery in eminent ...


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

In the almost two decades since 9/11, our nation has slowly started to restore the balance among the three branches of governm...


Labor/Employment

New NLRB confidentiality ruling is a good start, but not enough

Jan. 27, 2020
By James J. McDonald Jr., Alix Rozolis

Workplace investigations are a fact of life for employers everywhere, but especially in California. Requirements that particip...