Government
It’s not the first time we’ve tried to buy Greenland
By Joseph F.C. DiMento
As recently as in the lifetime of some of us, the United States made an offer to buy the giant island. In 1946, we were ready ...
Law Practice, Law Office Management
When a large law firm dissolves
By Daniel O'Rielly, Dena Roche
The news this month that law firm LeClairRyan has decided to dissolve and shut down may not have come as much of a shock to th...
Despite the multiple, massive data breaches reported by corporations over the last two years, it may be that the least secure ...
Judges and Judiciary, Criminal
Issuing a gun violence restraining order in California
By Dean Hansell, Marina Melikyan
This article describes the scope and the circumstances under which a court will issue a GVRO. It also identifies several techn...
Civil Litigation, California Courts of Appeal
No tort duty of care when reviewing loan modification applications
By Regina McClendon, Lindsey Kress
The 2nd District Court of Appeal recently weighed in on the split among the courts of appeal as to whether a lender owes a tor...
Criminal, Constitutional Law, California Courts of Appeal
The Jagged Shore
By Brian M. Hoffstadt
The shore defining the boundary of indigent defendants' constitutional right to forestall or forego liability for certain asse...
Cryptocurrency owners beware: IRS Letters are in the mail
By Travis W. Thompson
By the end of August 2019, more than 10,000 taxpayers will receive letters related to their virtual or cryptocurrency transact...
President Donald Trump’s recent musings about a U.S. purchase of Greenland have provoked mockery from Denmark to El Centro. I...
Family
Assisted reproductive technology can help women become financially stable
By Evie P. Jeang
The “ART” industry is a new arena that allows women, in countries such as India, to obtain financial wealth while helping a fa...
Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
Are time studies still useful in California wage and hour litigation?
By Gregory V. Mersol
A recent pair of cases from the California Supreme Court and the 9th Circuit cast doubt on the utility of time studies under C...
International Law, Intellectual Property
US and Chinese patents: commonalities and distinctions
By Kory Christensen
Despite the trend toward harmonization of patent laws throughout the world, many differences still exist between countries. Th...
Labor/Employment
Dynamex upheaval of the gig economy could take years to sort out
By Ronald L. Zambrano
The fallout from the landmark California Supreme Court decision will be lengthy and far-reaching for the companies, the employ...
Civil Litigation, California Supreme Court
Court creates bad precedent by injecting tort principles into an inverse condemnation analysis
By Mark S. Roth
By injecting tort principles into an inverse condemnation analysis, a recent California Supreme Court decision presents a subs...
Law Practice, Civil Litigation, Appellate Practice
Appellate Adventures, Chapter 13, "How Do I Present the Outline of Argument?"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
I am a teacher of argument and a student of history. As I contemplate the viciousness of contemporary rhetoric, I think back t...
Letters, Criminal
Let’s see what the People think of the felony murder rule
By Marc Debbaudt
Someone is willing to commit a crime. They habor the intent to break the law. They are willing to breach our social contract f...
For years, courts have criticized California’s felony murder rule; now that the Legislature has responded, with the attorney g...
Reflections on my week as a volunteer attorney at the Dilley Immigration Detention Center
Civil Litigation, Law Practice
Properly drafting settlement agreements with payments
By Steven H. Kruis
A recent appellate ruling is yet another stark reminder of the severe consequences when a settlement requiring payments over t...
Ethics/Professional Responsibility
California bar proposes revolutionary changes to the legal market
By Theodore G. Brown III
After adopting a complete re-vamp of its Rules of Professional Conduct last year, a California State Bar Task Force has propos...
Letters, State Bar & Bar Associations
If California wants to lead, the bar should embrace reciprocity
By Andrew J. Guilford
Here’s an irony of the California bar: Passing our nation’s most difficult bar exam provides the least valuable license to pra...
States are increasingly recognizing that lives can be saved by Extreme Risk Protection laws, which enable people who exhibit ...
Legal Education, Law Practice
How California companies can make the most of their externs
By Sande Buhai, Carolyn Young Larmore
Suggestions for enhancing an externship’s educational value to the student as well as maximizing the value of the student’s co...
Real Estate/Development, Government
Accessory dwelling units: Statewide affordable housing solution?
By Jacob Madden, Elizabeth Martyn
Recent state legislation has reduced local control over ADUs in a variety of ways with more to come. State law now prohibits l...
Criminal
Kellen Winslow Jr sexual assault trial: A defense attorney’s take
By Arash Hashemi
When the rape and sexual misconduct trial of former NFL star Kellen Winslow Jr. ended on June 11 in San Diego, court observers...
Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
High court unlikely to stray far from Brinker
By Gary M. McLaughlin, Jonathan P. Slowik
The 9th Circuit recently certified two questions regarding meal and rest breaks to the California Supreme Court that have perp...
Constitutional Law
When online speech platforms remove speakers, due process is needed
By Saira A. Hussain
In our country’s fraught search to do something to stop mass violence, and hold someone or something accountable for conduct t...
August 16, 2019, was to be the kick-off of a 3-day rock festival bearing the name: Woodstock 50. Would it have the same meanin...
Intellectual Property, Entertainment & Sports
In role reversal, celebrities must now defend against paparazzi lawsuits
By I. Neel Chatterjee
Seeing a quick way to make a bunch of bucks, the paparazzi are suing celebrities to squeeze every penny out of these impromptu...
Judges and Judiciary, California Supreme Court, Appellate Practice
Chief Justice Tani G. Cantil-Sakauye by the numbers
By Kirk Jenkins
Today, we’re continuing our series of data-driven profiles of the justices of the California Supreme Court. Our third subject,...