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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!

Jun. 24, 2019
By Michael M. Berger

Please forgive the levity in the title of this column. Lawyers who litigate constitutional property rights cases have been wai...


Civil Litigation

The Los Angeles Dodgers’ bad case of déjà vu

Jun. 24, 2019
By Allen Patatanyan

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

In a 7-2 decision, Supreme Court affirmed this separate sovereign principle in Gamble v. United States


Civil Litigation, Appellate Practice

Limited civil cases have special procedural rules, under the rubric “Economic Litigation.” One of these, at Section 98, allows...


Civil Litigation, Intellectual Property

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

Jun. 21, 2019
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

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

Jun. 21, 2019
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

Jun. 21, 2019
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

Jun. 21, 2019
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

Jun. 21, 2019
By Robert R. Boeche II

The SEC’s Office of Compliance Inspections and Examinations releases an annual Examination Priorities report that identifies c...


Immigration

Driving around in Fresno County, it’s impossible to miss the workers squatting in the fields picking strawberries or cauliflow...


Tax, Real Estate/Development

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

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

Jun. 20, 2019
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

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

For too long, the system has been rigged against FTC defendants in asset freeze cases.


Military Law, Health Care & Hospital Law, Government, Family

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

Jun. 19, 2019
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

Jun. 19, 2019
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

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

Jun. 19, 2019
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

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

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

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

Jun. 19, 2019
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

Jun. 19, 2019
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...


Civil Litigation, Insurance

The postclaim underwriting trap

Jun. 19, 2019
By William M. Shernoff

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

Jun. 19, 2019
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...