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How would you answer these questions?

Nov. 29, 2019
By Frank H. Wu

Like many teachers, I regularly tell my students there are no “stupid” questions; yet like many of my peers, I am not always s...


Government, Constitutional Law

Coastal Commission: Talk to the Dutch

Nov. 27, 2019
By Michael M. Berger

In a nutshell, if you like living in the 21st century, watch your back. There is a movement afoot to reverse the steady march ...


Government, Constitutional Law

On ‘bribery’

Nov. 27, 2019
By John H. Minan

The Founders understood bribery as dealing with the abuse of official power to secure a personal benefit. Because no federal c...


Bankruptcy

I haven’t had occasion to discuss the new Small Business Chapter 11 with a potential client so far. I’ve read several summarie...


Family, Entertainment & Sports

‘Marriage Story’: Checking the facts

Nov. 27, 2019
By Lawrence P. Riff

Judge Lawrence Riff of the Los Angeles County Superior Court’s Family Law Division Baumbach got a lot right but a few things w...


Ethics/Professional Responsibility, Entertainment & Sports

‘Marriage Story’: Checking the legal ethics

Nov. 27, 2019
By A. Marco Turk

Lawyers as a profession take unfair heat in many instances, but not in other examples. One of the areas where they are portray...


Government, Constitutional Law

It was reported some years ago that, when they entered office, the Secret Service took away then-President Barack Obama’s Blac...


Private fund secondaries: Your end, my beginning

Nov. 26, 2019
By Sara L. Terheggen

Historically, the market viewed secondary transactions as a sign of distress where sellers were pressured for liquidity and fo...


Why we watch

Nov. 26, 2019
By Jeffrey Wolf, Carolyn Kraft

It was a Thursday night, on an otherwise uneventful news day with only presidential impeachment hearings as a backdrop, when n...


Tax

Five years ago, the IRS announced that bitcoin and other cryptocurrency was property. More recently, the IRS addressed hard fo...


Civil Litigation, Intellectual Property, Appellate Practice, 9th U.S. Circuit Court of Appeals

Litigation is just stuff people do

Nov. 25, 2019
By Charles M. Kagay

John Steinbeck is an American literary icon, and the recipient of the National Book Award, the Pulitzer Prize for Fiction, and...


Ethics/Professional Responsibility, State Bar & Bar Associations

The professional and ethical obligations which arise from attorneys use of online profiles is the subject of the recently publ...


Government, Education Law

In a move of critical importance, the California Legislature has acknowledged this reality by passing three new laws at the in...


Government

California Assembly Bill 957 has amended language in Health and Safety Code Section 17980.7 changing the pre-litigation notice...


Law Practice

As a law professor, my favorite doctrines to teach are those that are most confusing and demanding because they allow for disc...


Securities, Corporate, Administrative/Regulatory

The Securities and Exchange Commission recently adopted previously proposed Rule 163B under the Securities Act of 1933, as ame...


Labor/Employment, Corporate

Drafting enforceable employment arbitration agreements

MCLE
Nov. 22, 2019
By Arthur F. Silbergeld, Kacey R. Riccomini

Drafting an employment arbitration agreement that complies with California law has never been a simple task: Assembly Bill 51,...


Alternative Dispute Resolution

The prevailing model in California is caucus-based, but there is another model gaining popularity called the “understanding mo...


Family

Study shows paid leave costs women more than men

Nov. 21, 2019
By Lauren Mayo-Abrams, Patricia Mitchell

When a woman takes paid leave she will lose on average 8% of her wages annually over the next 10 years compared to her counter...


Alternative Dispute Resolution

When does the mediation ever end?

Nov. 21, 2019
By Jan Frankel Schau

Now that mediation has been broadly accepted and practiced for more than 25 years, there are present trends that may be cause ...


Long before he became president, Donald Trump was known as an aggressive taxpayer who pushed the envelope. In that sense, his ...


Letters, Government, Criminal

Sprawling Los Angeles reality

Nov. 21, 2019
By Jose H. Varela

In the Nov. 14 Daily Journal article, “Critics leery Gascon could import SF ideas to sprawling LA,” Los Angeles County distric...


Labor/Employment, 9th U.S. Circuit Court of Appeals

The Dorman decision comes at a time when plan sponsors are unhappy about the spate of ERISA class actions that they believe ar...


Government, Administrative/Regulatory

AT&T data throttling settlement was a consumer 'win'

Nov. 20, 2019
By Anita Taff-Rice

Earlier this month, AT&T stipulated to a $60 million judgment to settle the case. The money will be distributed as a parti...


Corporate, Banking

The financial world has begun to prepare for life without LIBOR, as it is anticipated that the index will cease to be widely r...


Law Practice, Judges and Judiciary

Crafting better legal services in conservatorship cases

Nov. 20, 2019
By Thomas F. Coleman

“This call may be monitored for quality assurance purposes.” We have all heard this statement when we are on the phone with pr...


Law Practice, Ethics/Professional Responsibility

According to an Oct. 4 Law 360 Legal Ethics release, a New Jersey state superior court judge questioned whether the practice o...


Labor/Employment, Insurance

Every year, millions of Americans seek and obtain individual or group disability insurance, hoping to buy a safety net in case...


Civil Litigation, Intellectual Property

Following the Federal Circuit decision in Arthrex, Inc. v. Smith & Nephew, Inc., et al., significant attention has been pa...


Intellectual Property

Color me mine: Trademarking a color

MCLE
Nov. 18, 2019
By Peter Harvey, Caitlin C. Conway

What kind of showing does the U.S. Patent and Trademark Office require to register color trademarks? And what evidence do cour...