U.S. Supreme Court, Government, Constitutional Law
The Supreme Court, Donald Trump and the rule of law
By Erwin Chemerinsky
The cases before the U.S. Supreme Court on subpoenas for President Donald Trump’s financial records should be easily resolved ...
Civil Litigation, Alternative Dispute Resolution
Some thoughts on arbitration in the wake of AB 51
By Michael H. Leb
On Dec. 6, a coalition of business trade associations filed a complaint for declaratory and injunctive relief in the Eastern D...
Being a crime victim is traumatic. As a result, it is not surprising that most crime victims are dismayed to hear that a defen...
I am compelled to say that to be shy is not to be rude. The traits are mistaken for one another.
Making sense of IRS Form 1099 in legal settlements
By Robert W. Wood
IRS Forms 1099 match income and Social Security numbers. Most people pay attention to these forms at tax time, but lawyers and...
In my last column I endorsed Judge Curtis A. Karnow’s view that law professors are “disconnected” from the real world of law p...
Even close clock watchers may not have noticed that the giant clock atop the Stanley Mosk Courthouse in downtown Los Angeles i...
Tax, Securities, Law Practice, Corporate
The top 10 legal issues for startups
By Roger Royse
Startups are confronted with business and legal challenges from the day they are born, often exacerbated by the lack of a lega...
On Dec. 5 the House passed a bipartisan bill that for the first time expressly prohibits illegal insider trading. The Insider ...
Most Americans don’t enjoy filing or paying, but they do it anyway, and they pay up. If they can’t pay, they get in line and s...
Law Practice, Ethics/Professional Responsibility
Professional responsibility: Rules regarding lawyer advertising
By A. Marco Turk
The floodgates protecting truly professional conduct of the legal profession were opened on June 27, 1977, the day the U.S. Su...
A different approach to achieving a “just, speedy, and inexpensive” determination of every action
By Sidney Kanazawa
When our polarized citizenry and courts cannot agree on common facts or law, it may be surprising to hear that Rule 1 of the F...
Law Practice
Recruiting the right law student for your externship opportunity
By Laura Riley
Regardless of the approach, it is important for the schools and the interested students to have a clear understanding of what ...
This is the third installment for the Daily Journal of histories for trial lawyers. Today’s subject is Edward Williams. When W...
Environmental & Energy
New mining standards aim to prevent future catastrophes
By Samuel L. Brown, Antonio Augusto Reis
The driver for these draft international standards is two recent catastrophic failures of tailings storage facilities in Brazi...
Government
Public safety officer records: What’s in the rearview mirror and what’s up ahead
By Ronald J. Scholar
It has been almost a year since Senate Bill 1421, California’s amendments to Penal Code Sections 832.7 and 832.8, went into ef...
Tax, Real Estate/Development
Time to look at tax deferrals: Section 1031 vs opportunity zones
By Phil Jelsma
Now’s the time to think hard about tax deferrals. Should investors use Internal Revenue Code Section 1031, which allows deferr...
U.S. Supreme Court, Civil Litigation, Civil Rights
‘But-for’ causation shouldn’t be required under right-to-contract statute
By Tamarah P. Prevost, Eric J. Buescher
The U.S. Supreme Court is weighing whether claims of race discrimination under 42 U.S.C. Section 1981 fail in the absence of b...
In October 2017, Gov. Jerry Brown signed into law Senate Bill 235, which amended Elections Code Section 13107 to call for the ...
We need stronger federal and state paid family leave laws. In the meantime, however, it is in the best interest of private sec...
Government, Environmental & Energy
California groundwater management milestone looms
By Rebecca Smith
As 2019 draws to a close, local agencies in 21 groundwater basins throughout the state are preparing to submit the first Groun...
Civil Litigation, Environmental & Energy
State high court wrong to not depublish CEQA case
By Arthur F. Coon
The California Supreme Court recently decided not to depublish a 2nd District opinion that misstates the law in a manner harmf...
Corporate
Legal challenges to minimum female director law: not a deluge, a drizzle
By Teresa L. Johnson, Amy V. Endicott
To paraphrase Mark Twain, reports of the wave of litigation that was expected to follow enactment of California’s Senate Bill ...
Labor/Employment, California Supreme Court
Dynamex echoes Supreme Court principles decided almost 50 years ago
By Kevin Ruf
Back in 1972, in the case Friends of Mammoth Lakes v. Mono County, the Supreme Court entered the fray over the scope of the Ca...
U.S. Supreme Court, Government, Constitutional Law
President Trump heads to the US Supreme Court, twice
By John H. Minan
The president is locked in two important legal battles on petition to the U.S. Supreme Court. Both cases involve the validity ...
U.S. Supreme Court, Civil Litigation, Constitutional Law, 9th U.S. Circuit Court of Appeals
Knick interruptus?
By Michael M. Berger
Some years ago, singer/songwriter Jim Croce began a refrain thus: “You don’t tug on Superman’s cape, you don’t spit into the w...
Intellectual Property, Entertainment & Sports, Civil Rights, 9th U.S. Circuit Court of Appeals
Is discovery needed to decide substantial similarity?
By Kenneth M. Trujillo-Jamison
On Monday, the 9th Circuit heard oral arguments on the issue.
A veteran’s access to a lawyer can mean the difference between living under a roof or under a bridge
Family, California Courts of Appeal
Conflicting cases on siblings and bypass
By Frank J. Menetrez
A recent case has deepened a split of authority in dependency law. The split concerns one of the most frequently litigated gro...
Labor/Employment
Navigating the impacts of AB 5 for public agency employers
By T. Oliver Yee, Kaylee Feick
Assembly Bill 5 creates unique challenges and issues for California public agencies. For example, in order for a public agency...