State Bar & Bar Associations, Ethics/Professional Responsibility
Bar offers opinions on ethically advising cannabis clients
By Wendy L. Patrick
The California State Bar Ethics Committee recently joined the discussion regarding legal services to cannabis clients in a pro...
As an interested observer, I have made two claims about the legal profession. They both have, as any description should, a bas...
Insurance
The new Restatement of the Law, Liability Insurance: a primer
By Kirk A. Pasich
After a years-long drafting process, for the first time, the American Law Institute has spoken on the subject of liability ins...
Haw probate become somewhat of an historical artifact like the horse and buggy? Hear me out.
U.S. Supreme Court, Government
High court decision is a game changer for land use litigation
By Derek P. Cole
Now that takings plaintiffs can immediately sue in federal court, many will no doubt choose to do so. Rightly or wrongly, supe...
Civil Litigation, Corporate
Legislation would create strict liability for some data breaches
By Anita Taff-Rice
One of the reasons major corporations don’t seem to prioritize preventing data breaches is the lack of long-term consequences....
Corporate, Civil Litigation, 9th U.S. Circuit Court of Appeals
Will the ban on restrictive covenants get even broader?
By Anne Cherry Barnett, Michele Haydel Gehrke
In what could be an important first step to further expand the already broad reach of Section 16600, the 9th U.S. Circuit Cour...
Transportation
Accident shows need for e-scooter companies to do better
By Michael E. Rubinstein
On July 12, British Youtube star Emily Hartridge was killed while riding an electric scooter on the streets of London.
Government, Banking
Navigating cannabis banking legislation: more questions than answers
By Nicole S. Phillis, Heather F. Canner
Without traditional banking services, cannabis businesses are forced to operate in all cash — maintaining piles of bills at th...
Tax
When it comes to the tax laws, ‘willfulness’ is quite broad
By Robert W. Wood, Joshua D. Smeltzer
In taxes, willful and non-willful are different. Innocent tax mistakes can often be forgiven, maybe with no penalty. When ther...
International Law
Billionaires join forces in unlikely anti-war partnership
By Ali Batmanghelidj
Liberal financier George Soros and libertarian industrialist Charles Koch are joining together to finance a new foreign-policy...
Intellectual Property, Entertainment & Sports
Modernizing music licensing
By Jacqueline C. Charlesworth
The typical consumer likely can’t name a product for which the federal government sets the price — let alone under a regulator...
Environmental & Energy, Constitutional Law
Supreme Court Justice John Paul Stevens and climate change
By Daniel A. Farber
The Supreme Court justice, who passed away last week, was breaking new ground while staying true to legal principle
There may now be three justices open to moving away from substantive due process as the basis for incorporating the rights the...
Constitutional Law
Twitter, Trump's public park
By Edward C. Wilde, Michael S. Overing
Donald J. Trump, U.S. president and Twitter Superstar, may no longer block either critics or cranks from his Twitter feed. Rat...
Law Practice, Ethics/Professional Responsibility, State Bar & Bar Associations, Appellate Practice
California’s unique State Bar Court
By Jennifer Teaford
California is the only state with a court whose judges are dedicated solely to considering attorney admission and discipline m...
Judges and Judiciary, Criminal
The power of collaborative courts
By Michael K. Wendler
As a prosecutor in San Mateo County, I am proud of the county’s efforts in establishing successful collaborative courts. These...
State Bar & Bar Associations
The hidden cost of California’s bar exam passing score
By Jackie Gardina
Next week thousands of aspiring lawyers will sit for the California bar exam and, if the last few years are any indication, mo...
Civil Litigation, Criminal, Corporate
Taking the Fifth and parallel criminal and civil proceedings
By Joshua M. Robbins
Given the impact that “taking Five” can have in parallel civil and criminal proceedings, a working knowledge of its applicatio...
Choosing a leader is about choosing what type of follower you wish to be.
Construction, Alternative Dispute Resolution
Your position is interesting
By Robert S. Mann
“Mediation 101” teaches the importance of distinguishing between “interests” and “positions.” Trying to reconcile positions in...
Ethics/Professional Responsibility, State Bar & Bar Associations
What to do when you hear from the State Bar
By Murray Greenberg
Previous articles in this series about handling State Bar complaints have brought us to the point where the disciplinary compl...
Civil Rights, California Supreme Court, Alternative Dispute Resolution
Say it like you mean it
By Jan Frankel Schau
If a settling defendant wants to ensure confidentiality, the terms of that confidentiality should be explicitly spelled out, t...
U.S. Supreme Court, Civil Litigation, California Supreme Court, 9th U.S. Circuit Court of Appeals
Public injunctions remain alive and well
By Ryan Wu
“There they go again,” moaned a number of Supreme Court watchers and appellate lawyers, as news came down of another apparent ...
Law Practice, Government, Appellate Practice
Increased access to justice at the trial level should be matched at the appellate level
By Eric Wolff
With its newly-passed budget, California is taking steps to give low income residents greater access to the trial courts. But ...
Real Estate/Development, Government
The aftermath of California’s SB 50: meeting the challenges of affordable housing
By Cary Jones, Jenna Le
Senate Bill 50, introduced late last year by Senator Scott Wiener, proposed significant changes to California’s zoning laws wi...
Letters, Judges and Judiciary
Judge Real’s life lessons for young lawyers
By Kris Whitten
Having read in the Daily Journal the recollections of practice before the recently deceased U.S. District Judge Manuel Real, i...
Letters, Criminal, Corporate, Constitutional Law
How to hold corporate scofflaws accountable
By Gary Schons
There is a another remedy often employed in civil/quasi-criminal settlements between the government and corporate defendants.
Government
Preservation: The next frontier of affordable housing
By James L. Hanger III
The current administration’s proposed federal budget threatens to eliminate or reduce several funding programs upon which many...
Legal Education, Law Practice
Externships: How to set up and host law student externs
By Lisa Mead, Sue Schechter
Some advice for companies that are considering whether to take on a law student for an academic-credit learning experience.