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Government, Administrative/Regulatory

People new to the cannabis industry often think that marijuana is simply “legal in California.” That’s only partially true; ma...


Constitutional Law

Guns and red flags

Aug. 8, 2019
By Lawrence Rosenthal

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

Aug. 8, 2019
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

Aug. 8, 2019
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

Aug. 7, 2019
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

Aug. 7, 2019
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...


Law Practice, Judges and Judiciary

Don’t you think it’s time?

Aug. 7, 2019
By Michael J. Raphael

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

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

MCLE
Aug. 7, 2019
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...


Insurance

The case most often cited by insurers for their position that “arising out of” exclusions should be read broadly does not supp...


Appellate Practice

Stray Dancing

Aug. 6, 2019
By Benjamin G. Shatz

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

Aug. 6, 2019
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

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

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

Aug. 5, 2019
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?...


Law Practice

WHY?

Aug. 5, 2019
By Arthur Gilbert

August — the month that many of my readers are on vacation. So why write an August column? Other columnists take off a month o...


Military Law, Government

Disposable Warriors

Aug. 5, 2019
By Eileen C. Moore

We send them there. We break them. Then we take away their benefits.


Law Practice, Civil Litigation, Appellate Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


Civil Litigation, Alternative Dispute Resolution

“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

Aug. 2, 2019
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

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

Aug. 1, 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

This fall, the U.S. Supreme Court will hear a case that exposes the complications inherent in determining the “habitual reside...


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

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

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

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

Jul. 30, 2019
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...