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Civil Litigation, Alternative Dispute Resolution

“Find me an expert who lacks expertise.” While this may sound like an oxymoron, it is not an uncommon request when a law firm ...


Civil Litigation, California Supreme Court

A new class ascertainability standard

Aug. 2, 2019
By Jeremy K. Robinson

This week the California Supreme Court announced the test for class "ascertainability" under California law: A class is ascert...


In recent weeks, one of the most hotly debated topics has been the treatment of Internal Revenue Code Section 1231 gains inves...


Government, Administrative/Regulatory

Conventional wisdom about local control notwithstanding, the acute need to increase housing production in California appears f...


Government, Administrative/Regulatory

Mid-year review: False Claims Act enforcement in 2019

Aug. 1, 2019
By Jim Zelenay Jr., Sean S. Twomey

The False Claims Act has served as the principal tool for combatting fraud in government programs since the Civil War and, if ...


U.S. Supreme Court, International Law, Family

This fall, the U.S. Supreme Court will hear a case that exposes the complications inherent in determining the “habitual reside...


In special needs divorce, over-stressed primary caregivers can be pressured and bullied during a divorce to accept less than ...


Civil Litigation, Labor/Employment, Alternative Dispute Resolution

There are important reasons for defendants to be wary that they may have to pay plaintiff’s legal fees. There also are ways th...


Civil Litigation, Insurance, California Courts of Appeal

Recently, the California Court of Appeal held that there was ample evidence to support a finding that an insurer’s regional li...


By the end of August, more than 10,000 taxpayers will receive letters, targets the IRS says it obtained through various ongoin...


Immigration, Government

Our country can uphold both national security and its commitment to refugee protection. Indeed, it's done exactly that for dec...


Entertainment & Sports, Corporate

Investing in films: Strategies to minimize risk

Jul. 30, 2019
By Sara L. Terheggen

While Hollywood certainly has a way with appearances making it seem that every movie made is a smashing success, the reality i...


Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals

Last year, a split panel of the 9th Circuit partially affirmed an Arizona district court’s opinion upholding an arbitrator’s a...


Corporate

Leveraging corporate structure for impact

Jul. 30, 2019
By Susan H. Mac Cormac, Jesse Finfrock

For-profit social enterprises can now choose from a variety of forms that enable them to balance social and environmental bene...


Labor/Employment

Recently, I was taken to task by a defense-side employment attorney who assumed that my firm only did defense work but learned...


Government, Constitutional Law

Last month, the San Francisco City Council voted to prohibit city agencies from using facial recognition software on municipal...


Section 1031 is one of the few tax Code sections everyone seems to know. It is even routinely used as a verb. It says that if ...


Criminal

Currently pending before the California Supreme Court is an issue that calls into question the motivations of California offic...


Securities, Criminal, Corporate

This year’s showdown over the Trump administration’s efforts to add a citizenship question to the census highlights an attorne...


Civil Litigation, Judges and Judiciary, Criminal

Excusing jurors for cause during jury selection

MCLE
Jul. 29, 2019
By Gregory L. Prickett

The objective of this article and self-study test is to review the law regarding excusing jurors for cause during jury selecti...


Alternative Dispute Resolution

Insurers have not settled on precedent policy language and there has been little case law on coverage disputes, creating an a...


Civil Litigation, Labor/Employment, Intellectual Property

California, Washington and Oregon agree UTSA applies to memory

Jul. 26, 2019
By Dylan W. Wiseman, David Adams

Now that Oregon has joined California and Washington in holding that employees may misappropriate trade secret customer lists ...


Law Practice, Alternative Dispute Resolution

How to kustomize your next arbitration

Jul. 26, 2019
By Robert S. Mann

If you read my columns on mediation and arbitration you know that I like cars. All kinds of cars, including what the car world...


State Bar & Bar Associations, Ethics/Professional Responsibility

Now that California has adopted its own version of ABA rule 8.4, Misconduct, it is increasingly apparent that an attorney´s of...


Corporate, Contracts

Rise of the cloud gamer: legal and business considerations

MCLE
Jul. 26, 2019
By Rusty G. Weiss, Maria A. Abesa

Judging from this year’s Electronic Entertainment Expo, 2019 might be the year cloud gaming surges to the forefront because ma...


Immigration

Lessons from the border

Jul. 25, 2019
By Eric B. Kingsley, Liane Katzenstein Ly

Armed with our law licenses and our laptops we flew to El Paso, Texas, and on Thursday morning we were greeted by a lawyer fro...


Ethics/Professional Responsibility, State Bar & Bar Associations

Technology, it is a-changin'

Jul. 25, 2019
By David M. Majchrzak, Heather L. Rosing

The recently released report from the State Bar Task Force on Access Through Innovation of Legal Services provides a window in...


State Bar & Bar Associations, Ethics/Professional Responsibility

The California State Bar Ethics Committee recently joined the discussion regarding legal services to cannabis clients in a pro...


Law Practice

As an interested observer, I have made two claims about the legal profession. They both have, as any description should, a bas...


Insurance

After a years-long drafting process, for the first time, the American Law Institute has spoken on the subject of liability ins...