An emerging phenomenon and a critical area of engagement
Alternative Dispute Resolution
Weak BATNA, strong BATNA: How do you manage it?
By Sean E. Judge
What do you do when you simply must settle a case?
Sometimes, a lawyer might be the first responder
In “Gods of the Upper Air” (August 2019), Charles King traces the vast and quite positive influence of Franz Boas, the towerin...
Taxes do not make a good spectator sport, but you can still sometimes learn something by the missteps of others. Reality stars...
Civil Litigation, Law Practice
Limitations vs repose: a guide
By Shari L. Klevens, Alanna G. Clair
Law Practice, Environmental & Energy
California may join other states with laws protecting cats’ claws
By Elizabeth Holtz
Scofflaws no more, street artists are nowadays quick to invoke the proverbial long arm when their original work is coopted, ex...
This month will see the governor, Legislature, gig employers and organized labor take a crack at this issue in an attempt to d...
When a Supreme Court case becomes famous, we forget what went before. The 1978 Bakke affirmative action litigation, against th...
Government, Bankruptcy
Bankruptcy Code changes offer relief to (very) small businesses
By Robert S. Marticello
On Aug. 23, President Donald Trump signed the Small Business Reorganization Act of 2019 (SBRA), which, starting in February 20...
In this case, the 4th District Court of Appeal examined whether a losing bidder on a public works projects can recover its bid...
U.S. Supreme Court, Government
Courts now look to a city’s design in inverse condemnation actions
By Carolyn Frank
The California Supreme Court recently held that a city protects itself from inverse condemnation claims resulting from a sewer...
The law is fascinating stuff, but I’d like to discuss a larger topic. I come to defend the ostrich.
J&J ruling may feel like a win, but it’s not the answer
By Allison B. Margolin, Rob Uriostegui
Even the ordered $572 million payment will be like bringing a bucket of water to put out a wildfire. Instead of throwing milli...
U.S. Supreme Court, Civil Litigation, Labor/Employment, California Supreme Court
The employment arbitration whipsaw
By Steven B. Katz
Last Thursday, the California Supreme Court once again entered into the thicket of wage claim arbitration, attempting to navig...
A recent case discusses how accusatory statements and the response in text conversations can be used in trials. Adoptive admis...
Tax, Corporate
Today, C or S corporation decision can involve huge tax swings
By Robert W. Wood
The massive tax law passed by Congress and President Trump at the end of 2017 radically reshaped traditional tax planning in w...
Law Practice, State Bar & Bar Associations, Appellate Practice
Isn’t that special?
By Benjamin G. Shatz
Obviously, here at Exceptionally Appealing, we believe that California appellate practice is an exceptionally appealing field ...
Civil Litigation, California Supreme Court
Settling out a party may not solve your choice-of-law problem
By Denise Madigan
In a recent case of first impression, the California Supreme Court considered whether settling with a party in a multiparty to...
Letters, Law Practice, State Bar & Bar Associations
Nonlawyer ownership: The end of ethics and the profession as we know it
By Minh T. Nguyen
I just read Joe Donnini’s Aug. 23 article, “Is nonlawyer ownership signaling the end for solo/small firms?” No, it signals the...
In a rare move, Alameda County Superior Court Judge Trina Thompson dismissed three out of the 12 jurors in the Ghost Ship case...
Civil Litigation, California Supreme Court
Standing and website discrimination: Square peg in a round hole
By Jeffrey M. Goldman, Tracey E. Diamond
In the past, California courts required plaintiffs to show that an allegedly discriminatory website prevented their full use a...
Judges and Judiciary, Environmental & Energy, Constitutional Law
California’s judges, meet John Maynard Keynes
By Richard A. Schulman
The state’s extraordinarily high housing prices comprise much of its extraordinary high living costs,
Civil Litigation, Insurance, California Supreme Court
State high court issues landmark insurance decision
By Kirk A. Pasich
On Thursday, the court addressed the importance of California’s so-called “notice-prejudice” rule — an issue critical in many ...
California Courts of Appeal, Appellate Practice
1st District’s new local rules: a guide
By Sarah Hofstadter
On Aug. 23, the 1st District Court of Appeal issued a revised version of its local rules — the first major overhaul since 2006.
Tax
IRS warning cryptocurrency users about taxes, but guidance still elusive
By Dashiell C. Shapiro
One problem the IRS faces with cryptocurrency (that it did not face with Swiss Bank accounts to the same extent), is that the ...
Civil Litigation, Government
Legislation will promote frivolous shakedown lawsuits
By Kyla Christoffersen Powell
Assembly Bill 1270 (Stone) is an attempt to expand the False Claims Act to allow the attorney general, local prosecutors and p...
Environmental & Energy, California Supreme Court
CEQA review now required for ordinances authorizing new medical marijuana dispensaries
By B. Alexandra Jones, Jolie-Anne S. Ansley
The California Supreme Court recently issued a decision that may require cities to conduct environmental review prior to adopt...