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Intellectual Property, Entertainment & Sports

Modernizing music licensing

Jul. 23, 2019
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

The Supreme Court justice, who passed away last week, was breaking new ground while staying true to legal principle


U.S. Supreme Court, Constitutional Law

Rub a dub dub

Jul. 23, 2019
By Brian M. Hoffstadt

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

Jul. 22, 2019
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

Jul. 22, 2019
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

Jul. 22, 2019
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

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

Given the impact that “taking Five” can have in parallel civil and criminal proceedings, a working knowledge of its applicatio...


Law Practice

Choosing a leader is about choosing what type of follower you wish to be.


Construction, Alternative Dispute Resolution

Your position is interesting

Jul. 19, 2019
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

Jul. 19, 2019
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

Jul. 18, 2019
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

Jul. 18, 2019
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

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

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

Jul. 17, 2019
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

Jul. 17, 2019
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

Jul. 17, 2019
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

Jul. 17, 2019
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.


Are they repairing or rebuilding their property, or selling and moving away, and what does their insurance cover? Another big ...


U.S. Supreme Court, Intellectual Property

When can profits be recovered in trademark infringement cases?

Jul. 17, 2019
By Sarah S. Brooks, Namita S. Dhawan

On June 27, the U.S. Supreme Court agreed to hear a case that may have profound and far-reaching implications for trademark law.


Civil Litigation, Law Practice

An attorney who signs a settlement agreement approving it as to form and content may be liable for breaching the agreement’s c...


Government

In May 2015, The Los Angeles Times Editorial Board asked readers, “Could you live in L.A. on $221 a month?” The answer then, a...


U.S. Supreme Court, Constitutional Law

Clarence Thomas wants to overrule huge bodies of law

Jul. 16, 2019
By Erwin Chemerinsky

One of the more notable themes of the U.S. Supreme Court's October 2018 term was how often Justice Clarence Thomas urged the o...


Accidental franchises: What you don't know can hurt your client

MCLE
Jul. 15, 2019
By Barry Kurtz, Katherine L. Wallman

Why should all business attorneys be concerned about franchise laws? Businesspeople and attorneys often are unaware that franc...


Law Practice, Civil Litigation, Appellate Practice

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


Criminal, Corporate, Constitutional Law

Mitt Romney once remarked that “corporations are people, my friend.” He was partly right. Corporations are like people, only d...


Judges and Judiciary

The Compassionate Side of Judge Manuel Real

Jul. 15, 2019
By Michael L. Stern

Judge Manuel Real was among the last of a vanishing breed of larger-than-life federal judges who run their courts in their own...


Singapore Mediation Convention signing in August

Jul. 12, 2019
By Thomas Klitgaard

On June 26, the United Nations Commission on International Trade Law approved the final draft of the Singapore Mediation Conve...


Government, Entertainment & Sports

Fair Pay to Play Act gains momentum

Jul. 12, 2019
By Aaron B. Swerdlow

While the debate over compensation for college athletes is nothing new, two senators from California have championed a bill th...