Government, Administrative/Regulatory
Dos and don’ts of California’s cannabis regulatory environment
By Seena Max Samimi
People new to the cannabis industry often think that marijuana is simply “legal in California.” That’s only partially true; ma...
In the wake of the mass shootings in El Paso and Dayton, so-called “Red Flag” laws, now in force in 17 states, are becoming a ...
Civil Litigation, Law Practice
One-year SOL on malicious prosecution suits is virtually settled
By Roy G. Weatherup, Kenneth C. Feldman
When lawyers and their former clients are sued for malicious prosecution, it is necessary to determine applicable statutes of ...
Government, Constitutional Law
Trump's tweets: A warning to public officials
By Amber R. Maltbie, William A. Powers
You may have heard of the recent decision out of the 2nd Circuit that addressed the First Amendment implications of the presid...
Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals
Katy Perry verdict: The carnage continues
By Edwin F. McPherson
The 9th Circuit said that the “Blurred Lines case” was just one case. They said that it would not affect other cases. Many sai...
State Bar & Bar Associations
We must set a reasonable standard for passing the bar
By Jeffrey L. Bleich
Today, over 1,000 Californian bar applicants each year achieve a score that would qualify them to practice law in New York, Te...
Are we in the midst of a similar trend in formal legal writing, relaxing the use of contractions? Are the few judicial contrac...
Health Care & Hospital Law, Government
Senate Bill 78: California’s sweeping health care bill
By Ima E. Nsien
Governor Newsom recently approved a bill that modifies several California laws health care, including financial eligibility re...
Civil Litigation
Lopsided arbitration agreements and elder abuse
By Gregory M. McCarty
Elderly Californians and their families turn to 24-hour care facilities during their greatest time of need. Twenty-four hour c...
The case most often cited by insurers for their position that “arising out of” exclusions should be read broadly does not supp...
When it comes to appeals, it's best to dance with the one that brung ya.
Law Practice, Education Law
Why students study Shakespeare in law school
By Frank H. Wu
When higher education is reduced to return on investment, that decision requires an explanation. The assignment is to watch a ...
Construction, California Courts of Appeal
When homeowners can find themselves liable as an employer
By Garret D. Murai
As aptly stated by the California Supreme Court, “[i]t is doubtful the average homeowner realizes tree trimming can require a ...
Tax, Letters, Government, Constitutional Law
Tax return bill doesn’t trump constitutional rights
By Kris Whitten
The state law privilege protecting tax returns from disclosure noted the July 31 story titled “Tax return bill, aimed at the p...
Law Practice, Law Office Management
Managing law firm risk by embracing change
By Daniel O'Rielly, Dena Roche
In the long run, we are all dead, so why worry about the problems that have a slow burn and won’t impact the firm for a while?...
August — the month that many of my readers are on vacation. So why write an August column? Other columnists take off a month o...
We send them there. We break them. Then we take away their benefits.
Law Practice, Civil Litigation, Appellate Practice
Appellate Adventures, Chapter 12: "How Can I Use the Statement of Facts to Persuade?
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Civil Litigation, Alternative Dispute Resolution
Forewarned is forearmed: The growing trend of mock trials
By Kennen D. Hagen
“Find me an expert who lacks expertise.” While this may sound like an oxymoron, it is not an uncommon request when a law firm ...
Civil Litigation, California Supreme Court
A new class ascertainability standard
By Jeremy K. Robinson
This week the California Supreme Court announced the test for class "ascertainability" under California law: A class is ascert...
In recent weeks, one of the most hotly debated topics has been the treatment of Internal Revenue Code Section 1231 gains inves...
Government, Administrative/Regulatory
The changing relationship between state and local government in housing policy
By CJ Higley, Katy Tang
Conventional wisdom about local control notwithstanding, the acute need to increase housing production in California appears f...
Government, Administrative/Regulatory
Mid-year review: False Claims Act enforcement in 2019
By Jim Zelenay Jr., Sean S. Twomey
The False Claims Act has served as the principal tool for combatting fraud in government programs since the Civil War and, if ...
U.S. Supreme Court, International Law, Family
International custody cases: Follow the bouncing baby
By Maya Shulman
This fall, the U.S. Supreme Court will hear a case that exposes the complications inherent in determining the “habitual reside...
Family
Bullying and divorce: How it affects families with special needs children
By Nathalie Paluch
In special needs divorce, over-stressed primary caregivers can be pressured and bullied during a divorce to accept less than ...
Civil Litigation, Labor/Employment, Alternative Dispute Resolution
Fee shifting in ERISA cases: Considerations in mediation
By Bob Blum
There are important reasons for defendants to be wary that they may have to pay plaintiff’s legal fees. There also are ways th...
Civil Litigation, Insurance, California Courts of Appeal
Bad faith conduct, managing agent decisions justify punitive damages
By Shaun H. Crosner
Recently, the California Court of Appeal held that there was ample evidence to support a finding that an insurer’s regional li...
By the end of August, more than 10,000 taxpayers will receive letters, targets the IRS says it obtained through various ongoin...
Immigration, Government
The US risks abandoning legacy of refugee protection
By Robyn Barnard
Our country can uphold both national security and its commitment to refugee protection. Indeed, it's done exactly that for dec...
Entertainment & Sports, Corporate
Investing in films: Strategies to minimize risk
By Sara L. Terheggen
While Hollywood certainly has a way with appearances making it seem that every movie made is a smashing success, the reality i...