Securities, Corporate
SEC attempts to preserve choice for investors in their relationships with financial professionals
By Michael L. Lawhead
On June 5, the SEC adopted a package of new rules, amendments and interpretations that addresses the obligations of broker-dea...
U.S. Supreme Court, Constitutional Law
Ding dong, the witch is dead!
By Michael M. Berger
Please forgive the levity in the title of this column. Lawyers who litigate constitutional property rights cases have been wai...
When news first broke in March of a brain-damaged man whose injuries stemmed from an attack in the Dodger Stadium parking lot,...
U.S. Supreme Court, Criminal, Constitutional Law
Ruling is first to consider ‘dual-sovereign’ doctrine’ in nearly 100 years
By John H. Minan
In a 7-2 decision, Supreme Court affirmed this separate sovereign principle in Gamble v. United States
Civil Litigation, Appellate Practice
Ruling illuminates procedure unique to limited civil cases
By Charles M. Kagay
Limited civil cases have special procedural rules, under the rubric “Economic Litigation.” One of these, at Section 98, allows...
Civil Litigation, Intellectual Property
STEM majors vs. Luddites: who makes the best patent litigators?
By Nathan N. Lowenstein
Patent litigators lacking a technical degree, particularly those who enter the field after law school, are a small minority of...
Government, Constitutional Law, California Supreme Court
Plotting the boundary between state and local authority
By Michael G. Colantuono
The state high court provided helpful clarification of rules that balance the powers of charter cities and state entities. The...
U.S. Supreme Court, Government, Constitutional Law
Supreme Court’s nondelegation ruling settled nothing
By Thomas Berry
On the morning of September 28 last year, Sen. Jeff Flake announced he would be voting to confirm Brett Kavanaugh. A few hours...
Ethics/Professional Responsibility, State Bar & Bar Associations
What to do when you hear from the State Bar
By Murray Greenberg
Taking a “burying your head in the sand” approach will not make a complaint filed with the State Bar go away. In fact, Busine...
Legal Education, Law Practice
Externships: a primer
By Anahid Gharakhanian, D’lorah L. Hughes
They are not only great for law students; hosts benefit, too
Alternative Dispute Resolution
Reflections on my first year as a mediator
By Lars C. Johnson
Having participated in dozens and dozens of mediations as a lawyer, I thought I had seen it all.
Securities, Corporate, Administrative/Regulatory
Hot topics in the 2019 SEC regulatory landscape
By Robert R. Boeche II
The SEC’s Office of Compliance Inspections and Examinations releases an annual Examination Priorities report that identifies c...
Driving around in Fresno County, it’s impossible to miss the workers squatting in the fields picking strawberries or cauliflow...
Tax, Real Estate/Development
How the tax law increased housing costs in California
By Dan Teitelbaum
On June 11, the IRS dealt the final blow to attempts by blue states to circumvent a $10,000 cap on deductions for state and lo...
Letters, Education Law, 9th U.S. Circuit Court of Appeals
Universities cannot shortcut the due process rights of those accused of sexual misconduct
By Timothy D. Reuben, Daniel R. Lahana
In the June 12 edition of the Daily Journal, David Urban wrote an article regarding Austin v. University of Oregon, 2019 DJDAR...
Civil Litigation, Entertainment & Sports
Spoiler alert: Spoiling a TV show may lead to legal action
By Maura Gierl, Robert A. Jacobs
Earlier this month, James Holzhauer’s 32-game winning streak on “Jeopardy!” came to an end. Before his final episode aired, ho...
U.S. Supreme Court, Government
Federal law is inadequate to address ‘deep fakes’
By John H. Minan
It is encouraging that the House Intelligence Committee is currently holding hearings on the problem and has issued a warning ...
Civil Litigation, Government, Corporate, Administrative/Regulatory
It’s about time to give FTC defendants a more fair shot
By William Rothbard
For too long, the system has been rigged against FTC defendants in asset freeze cases.
Military Law, Health Care & Hospital Law, Government, Family
How Veterans Affairs pension benefits can pay for elder care today
By Julianna M. Malis
Many veterans believe that government benefits are only available if they were wounded in combat or suffer from a disability r...
U.S. Supreme Court, Constitutional Law
Precedent and the Roberts court
By Erwin Chemerinsky
What weight will the Roberts court give to precedent? No issue is more important for the future of issues such as abortion rig...
Civil Litigation, Administrative/Regulatory
Suits claim Amazon Echo illegally recorded children
By Anita Taff-Rice
Two class actions filed earlier this month allege that Amazon’s smart speaker technology, Alexa, installed on Amazon’s Echo an...
Civil Litigation, Law Practice
Stepping into the void and preserving the jury trial
By Deborah Chang
For me, the top issues facing plaintiffs’ attorneys in 2019 are finding ways to encourage women trial lawyers to realize their...
Civil Litigation, Labor/Employment
A concerning trend in employment discrimination cases
By Carney R. Shegerian
A concerning reliance on an isolated 2014 California Eastern District case, Foster v. Bank of America, has found its way into ...
Civil Litigation, Law Practice
Civility in the courtroom is critical to trial lawyer success
By Gary A. Dordick
As trial lawyers we see ourselves as warriors for our clients’ cause. Gladiators fighting for justice. The courtroom is our ba...
Civil Litigation, Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
Bill to codify Dynamex, like the court ruling itself, is an overreach
By Michael H. Leb
Assembly Bill 5 at the end of last year, which would codify the Supreme Court’s ABC test and apply in contexts beyond just cla...
Civil Litigation, Labor/Employment, Government, Alternative Dispute Resolution
Forced arbitration: How AB 51 could right many wrongs
By Mike Arias
A bill authored by Assemblywoman Lorena Gonzalez, Assembly Bill 51, would ensure employees have the option of taking their wor...
Civil Litigation, Law Practice
Jury selection tips in this charged political climate
By Gregory L. Bentley, Matthew W. Clark
Ultimately, the process of jury selection -- and the views, thoughts, and positions of prospective jurors -- is one of the mos...
Civil Litigation, Law Practice
Plaintiffs’ law in 2019: A particular set of skills
By Niall P. McCarthy
Practicing law as a plaintiffs’ lawyer in 2019 requires a very particular set of skills. Trial dates are further away, settlem...
For years insurance companies have had a practice of denying claims or rescinding policies on the basis that policyholders mis...
Family, Criminal
Strategic decisions to minimize risks in domestic violence actions
By Lisa H. Meyer, Marie A. LaMolinara
With so many considerations at play, of paramount importance is ensuring the time is taken to engage in detailed strategic dec...