Civil Litigation, Alternative Dispute Resolution
Forewarned is forearmed: The growing trend of mock trials
By Kennen D. Hagen
“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
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
The changing relationship between state and local government in housing policy
By CJ Higley, Katy Tang
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
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
International custody cases: Follow the bouncing baby
By Maya Shulman
This fall, the U.S. Supreme Court will hear a case that exposes the complications inherent in determining the “habitual reside...
Family
Bullying and divorce: How it affects families with special needs children
By Nathalie Paluch
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
Fee shifting in ERISA cases: Considerations in mediation
By Bob Blum
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
Bad faith conduct, managing agent decisions justify punitive damages
By Shaun H. Crosner
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
The US risks abandoning legacy of refugee protection
By Robyn Barnard
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
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
High court may examine arbitrator modification of CBA
By Monica Guizar
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
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
Dear fellow employment attorneys: Let’s not choose sides
By Gerald L. Sauer
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
Facial recognition ban shows legislation can protect privacy, too
By Daniel Woislaw
Last month, the San Francisco City Council voted to prohibit city agencies from using facial recognition software on municipal...
Tax
Exchanging California for out-of-state property creates extra 1031 hurdles
By Robert W. Wood
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 ...
Currently pending before the California Supreme Court is an issue that calls into question the motivations of California offic...
Securities, Criminal, Corporate
Census case teaches us that facts still matter, at least in the courts
By Cody S. Harris
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
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
Best practices for mediating cyber insurance claim disputes
By Daniel B. Garrie
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
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
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
Under the new ethics rules, are lawyers ever off the clock?
By Wendy L. Patrick
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
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...
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'
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
Bar offers opinions on ethically advising cannabis clients
By Wendy L. Patrick
The California State Bar Ethics Committee recently joined the discussion regarding legal services to cannabis clients in a pro...
As an interested observer, I have made two claims about the legal profession. They both have, as any description should, a bas...
Insurance
The new Restatement of the Law, Liability Insurance: a primer
By Kirk A. Pasich
After a years-long drafting process, for the first time, the American Law Institute has spoken on the subject of liability ins...