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Law Practice, Law Office Management

Set your law firm resolutions for 2020

Dec. 9, 2019
By Daniel O'Rielly, Dena Roche

It’s December, and what possibly could be more important to your law firm than setting new resolutions for 2020? Yes, you’re t...


Law Practice, Civil Litigation, Appellate Practice

How to count to 30

Dec. 9, 2019
By Gerald G. Knapton

When an appellate justice writes a concurrence just to point out a trap for unwary practitioners, it merits some consideration...


Law Practice, Ethics/Professional Responsibility

Cannabis and legal ethics: More guidance emerges

Dec. 6, 2019
By Allison B. Margolin, James Raza Lawrence

Multiple sources have helped establish the principle that lawyers may ethically represent clients operating in the cannabis in...


Law Practice, Ethics/Professional Responsibility

Potential liability for case valuations

Dec. 6, 2019
By Shari L. Klevens, Alanna G. Clair

Attorneys are often asked by their clients, “What do you think is going to happen?” or “What is this case worth?” Through expe...


Entertainment & Sports

The movie is provocative because they are believable. You cannot leave the theatre without wanting to discuss what has transpi...


Intellectual Property, Entertainment & Sports, Civil Rights

Takedown notices and developments in fair use

MCLE
Dec. 6, 2019
By Neville L. Johnson, Douglas L. Johnson

Individuals, creators and businesses have a right and a duty to protect themselves and their assets from infringing online act...


Law Practice, Ethics/Professional Responsibility

The California Legislature has seen fit to add a new tolling exception to the statute which becomes effective on Jan. 1, 2020.


Labor/Employment

Revisiting ‘kangaroo court’ workplace due process

Dec. 5, 2019
By William M. Crosby

Until courts and legislators recognize that anything short of a jury trial cannot constitute meaningful due process, incentive...


Tax, Labor/Employment, Government

As we near the end of 2019, we continue to see states stepping up to take action with respect to regulating the nonprofit sect...


U.S. Supreme Court, Government, Constitutional Law

Rucho not the last word on partisan gerrymanders

Dec. 5, 2019
By James J. Matson

Last month’s election in Virginia marked another important victory against excessively partisan gerrymanders in America.


Civil Litigation, Construction

It’s the holiday season. A time when family and friends, and even neighbors, gather together.


Environmental & Energy

Far from decreasing, carbon emissions are increasing, even in highly developed economies that fancy themselves leaders in the ...


Judges and Judiciary, California Supreme Court, Appellate Practice

Justice Mariano-Florentino Cuéllar by the numbers

Dec. 4, 2019
By Kirk C. Jenkins

Today we turn our attention to our fifth subject in our series of data-driven profiles of the justices of the California Supre...


Insurance, Health Care & Hospital Law

If you have a PPO plan, you can see out-of-network providers, but it’s going to cost you more. Non-contracted providers have n...


Entertainment & Sports, Antitrust & Trade Reg.

Recently, Assistant Attorney General Makan Delrahim announced a new policy for the Justice Department’s Antitrust Division: a ...


Intellectual Property, Entertainment & Sports

Two high-profile cases have highlighted certain aspects of music copyright infringement litigation which have become quite con...


U.S. Supreme Court, Intellectual Property

PTO has booked a trip to the Supreme Court

Dec. 4, 2019
By Sarah S. Brooks, Adam W. Kwon

The U.S. Supreme Court granted certiorari on a petition filed by the U.S. Patent and Trademark Office to review whether BOOKIN...


Labor/Employment

A rosy write-up doesn’t change the fact that drivers, under the alternative law, wouldn’t be paid for waiting time — as they w...


Government, Admiralty/Maritime

AI and the CCPA: Are they friends or foes?

Dec. 4, 2019
By Nick Transier

Though artificial intelligence is hardly new, it has gone mainstream recently as businesses increasingly exploit their massive...


Labor/Employment, Health Care & Hospital Law

For 15 years, Yaqub -- which defined a nebulous and incorrect standard -- had stood as the sole published decision to squarely...


Health Care & Hospital Law, Alternative Dispute Resolution

A key objective of some class actions is not only to obtain monetary relief for class members, but to secure changes to the wa...


How exact should I be?

Dec. 3, 2019
By Frank H. Wu

On the one hand, I always want to teach students what is right, according to the black letter doctrine, while showing them amb...


Insurance, California Supreme Court

The California Supreme Court held that life insurance policy loans are not subject to a provision contained in a 1918 initiati...


Law Practice, Books

Free books and more!

Dec. 3, 2019
By Benjamin G. Shatz

We’ve made another circuit around the sun and now’s the time of year for gift-giving. Our tradition at Exceptionally Appealing...


While cyber insurance is specifically designed to address these kind of losses, insureds covered under traditional insurance p...


Law Practice, Judges and Judiciary

*@#!ing

Dec. 3, 2019
By Arthur Gilbert

This, my December column occurs in the month when many readers may be vacationing, a perfect time to let it all “hang out” and...


Law Practice, Judges and Judiciary

On law schools (part 2)

Dec. 2, 2019
By Myron Moskovitz

A few months back, Judge Curtis Karnow opined that law school professors are “disconnected” from the real world of law practic...


U.S. Supreme Court, Constitutional Law

Gun control at the US Supreme Court

Dec. 2, 2019
By Glenn C. Smith

Although the New York challenge could yield a landmark decision, it could also leave big questions under-resolved. The court c...


Ethics/Professional Responsibility

A non-uniform approach to obtaining informed written consent

Nov. 29, 2019
By David M. Majchrzak, Heather L. Rosing

Professional listservs for attorneys often provide a fertile ground for seeds of hypertension for risk managers and legal ethi...


State Bar & Bar Associations, Ethics/Professional Responsibility

Making the State Bar complaint system ADA accessible

Nov. 29, 2019
By Thomas F. Coleman