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U.S. Supreme Court, Government, Constitutional Law

The Supreme Court, Donald Trump and the rule of law

Dec. 17, 2019
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

Dec. 17, 2019
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...


Criminal

Probation and restitution

Dec. 17, 2019
By Antonio R. Sarabia II

Being a crime victim is traumatic. As a result, it is not surprising that most crime victims are dismayed to hear that a defen...


Law Practice

You can be shy and successful

Dec. 16, 2019
By Frank H. Wu

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

MCLE
Dec. 16, 2019
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...


Law Practice

On law schools, part 3

Dec. 16, 2019
By Myron Moskovitz

In my last column I endorsed Judge Curtis A. Karnow’s view that law professors are “disconnected” from the real world of law p...


Law Practice

Time moves on at Stanley Mosk

Dec. 16, 2019
By Michael L. Stern

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

MCLE
Dec. 13, 2019
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...


Securities, Corporate

Insider trading bill passes milestone

Dec. 13, 2019
By Jared L. Kopel

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

The floodgates protecting truly professional conduct of the legal profession were opened on June 27, 1977, the day the U.S. Su...


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...


Regardless of the approach, it is important for the schools and the interested students to have a clear understanding of what ...


Law Practice, Books

The man to see was Edward Bennett Williams

Dec. 12, 2019
By Robert H. Bunzel

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

Dec. 12, 2019
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...


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

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

Dec. 11, 2019
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...


Judges and Judiciary

Ballot designation blues

Dec. 11, 2019
By Randolph M. Hammock

In October 2017, Gov. Jerry Brown signed into law Senate Bill 235, which amended Elections Code Section 13107 to call for the ...


Labor/Employment

A case for paid family leave

Dec. 11, 2019
By Julia Michael

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

Dec. 11, 2019
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

Dec. 11, 2019
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

Dec. 10, 2019
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

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

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?

Dec. 10, 2019
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?

Dec. 10, 2019
By Kenneth M. Trujillo-Jamison

On Monday, the 9th Circuit heard oral arguments on the issue.


Law Practice

I'll be homeless for Christmas

Dec. 9, 2019
By Eileen C. Moore

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

Dec. 9, 2019
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

Dec. 9, 2019
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...