Securities, Corporate, Banking
Strategies to become a successful emerging fund manager
By Sara L. Terheggen
First-time funds have been growing at a healthy pace year over year with continued upward growth since 2013.
Government, Environmental & Energy, Administrative/Regulatory
Energy initiatives provide new opportunities for central valley farmers
By Buck Endemann
Over the past few years, California has passed or strengthened several incentives to promote the more efficient production and...
Government, Criminal
Although the system is broken, halting executions isn’t the answer
By Arash Hashemi
As a defense attorney, I’m against the death penalty. But as a private citizen, I’m for it.
Government, Criminal
Newsom disrespects victims, their families and voters
By John M.W. Moorlach
Justice. It means giving people what they deserve. For stone-cold killers convicted in the justice system, passed through the ...
Government, Criminal
Newsom may have halted executions, but the machine keeps on ticking
By John R. Mills
Gov. Gavin Newsom made history by declaring a moratorium on executions in California and even tweeting out images of the execu...
Insurance, Government, Criminal, Administrative/Regulatory
Can you insure the cannabis industry without violating federal law?
By Joshua J. Borger
Marijuana may present the most combative clash between federal and state law today. California legalized medical marijuana in ...
U.S. Supreme Court, Intellectual Property, 9th U.S. Circuit Court of Appeals
Restoring balance to software copyrights
By Peter S. Menell, David O. Nimmer
Our previous article addresses the substantive defects of the U.S. Court of Appeals for the Federal Circuit’s rulings in the O...
Law Practice, Ethics/Professional Responsibility
How not to be a lawyer
By Mark L. Tuft
A lawyer who finds himself in a situation of having to turn on his client in an attempt to justify his own intentional miscond...
Law Practice, Ethics/Professional Responsibility
Arbitration of malpractice claims is alive and well
By Brian Slome, Kenneth C. Feldman
At the minimum, clients should have the choice of going to binding arbitration. If they don’t want to go arbitration in the fu...
Government, Administrative/Regulatory
Delivery regulations appear to override local control of cannabis
By Scott E. Huber
In what appears to be a massive power grab, the Bureau of Cannabis Control recently approved regulations which override all lo...
Law Practice, Alternative Dispute Resolution
Dealing with a challenging client during mediation
By Peter J. Polos
While mediation has certainly gained popularity among civil litigators in California, our clients are not always easily convin...
U.S. Supreme Court, Intellectual Property
Justices need to hear Oracle v Google
By Peter S. Menell, David O. Nimmer
A matter of blockbuster significance is the subject of a current petition for certiorari. The case is Oracle v. Google. We sub...
U.S. Supreme Court, Government, Constitutional Law, 9th U.S. Circuit Court of Appeals
Courts’ historical struggles with citizenship renunciation
By John S. Caragozian, Donald E. Warner
The federal government’s ignoble mass imprisonment of Japanese-Americans during World War II has a postscript: In 1944 and 194...
Government, 9th U.S. Circuit Court of Appeals
Ruling is a victory in battle for affordable housing
By Jill Habig
The 9th Circuit recently upheld a Santa Monica ordinance regulating short-term rentals companies. This decision is a win not j...
People ask me all the time now if I believe legal education has "bounced back." I am convinced it has bounced, but I doubt it ...
U.S. Supreme Court, Government, Constitutional Law
An unlawful presidential act
By Erwin Chemerinsky
President Donald Trump is acting in an unconstitutional and unlawful manner in spending $8 billion to build a wall without con...
Criminal, Constitutional Law, California Courts of Appeal
The schizophrenic Sixth
By Brian M. Hoffstadt
The Bible may say, “No one can serve two masters.” But do these words of wisdom apply to the Sixth Amendment’s right to counsel?
Judges and Judiciary, California Supreme Court
Justice Brown and the old ACLU
By Mitchell Keiter
As a former chambers attorney for California Supreme Court Justice Janice Rogers Brown, I was surprised to read about her cons...
Government, 9th U.S. Circuit Court of Appeals
Airbnb ruling allows ‘breathing room’ for local governments
By Christi Hogin
The 9th U.S. Circuit Court of Appeals upheld the city of Santa Monica’s ordinance regulating short-term vacation rental of res...
Banking, Administrative/Regulatory
What the 51 percent attack tells us about blockchain security
By Chaz M. Hales
In early January, Chinese blockchain security firm SlowMist and U.S.-based cryptocurrency exchange Coinbase separately announc...
U.S. Supreme Court, Securities
Thunder (Basin) struck: Are Ray Lucia’s rights meaningless?
By Joel Nolette
Last June, Ray Lucia won big at the U.S. Supreme Court. Yet Lucia finds himself once again facing SEC proceedings before a jud...
Immigration, Government, Constitutional Law
The Census battle continues
By Kaylan Phillips
In a case where the unusual has become the norm, all eyes will be on the Supreme Court to see if or how it addresses the Calif...
Civil Litigation, California Supreme Court, Appellate Practice
Projected admissibility
By Curtis E.A. Karnow
A July 2017 paper on quantum mechanics suggests the future influences the present. Our Supreme Court appears to have to come t...
Civil Litigation, Law Practice
To err is human, to sometimes forgive is CCP Section 473(b)
By Stephen J. Squillario
Fortunately, the Code of Civil Procedure offers a potential escape hatch when an attorney’s mistake, inadvertence, surprise, o...
Civil Litigation, California Supreme Court, Appellate Practice
Proper submission of pre-trial evidence: The twin hurdles
By Kasey Curtis, Charles Hyun
The term “admissibility” typically refers to evidence introduced at trial. A concept that is perhaps more nuanced, but typical...
of summary adjudication and summary judgment orders
Criminal, Constitutional Law
Newsom’s executive order violates promise to voters
By Michele A. Hanisee
During his campaign Gov. Newsom promised that although he does not support the death penalty, he would not interfere with the ...
Tax, Real Estate/Development
Investing in an opportunity zone? Find a fund manager you can trust
By Matthew J. Ertman
The new tax law created an incentive program which encourages investors to make long-term financial investments in opportunity...
The IRS can't take your passport exactly, but it can tell the State Department to do so. Whether this is a good idea can be de...
Criminal, Constitutional Law
Death penalty order creates as many problems as it solves
By David A. Carrillo, David Aram Kaiser
Governor Gavin Newsom's moratorium on executions was hailed in many circles for halting a death penalty process in California ...