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U.S. Supreme Court, Constitutional Law

An Eighth Amendment takings case

Feb. 22, 2019
By Michael M. Berger

We have a different kind of takings case for you today. This one involves the state of Indiana’s seizure of a $42,000 Land Rov...


Constitutional Law

NRA-ties ordinance would fail in court

Feb. 22, 2019
By Elizabeth H. Baldridge

The Los Angeles City Council unanimously approved an ordinance on Feb. 12 requiring city contractors to disclose any ties they...


Husbands and wives rarely retain separate attorneys when creating an estate plan. When the spouses sign a conflict waiver, and...


Law Practice, Alternative Dispute Resolution

Lawyers are not generally trained or “attuned” to addressing their client’s feelings in the same way. Instead, the typical law...


Law Practice, Judges and Judiciary, State Bar & Bar Associations

Dissolving legal barriers (Part 2)

Feb. 21, 2019
By Curtis E.A. Karnow

On Wednesday, in the first part of this series I urged dissolving barriers among members of the legal profession. Here, I note...


U.S. Supreme Court, Intellectual Property

The Patent Office’s new guidance aims to upend the Supreme Court’s decision in Alice v. CLS Bank on two fronts.


Law Practice, Judges and Judiciary

Congress never intended to allow these fees to be set so high.


Law Practice, Family

Dealing with unfair conduct in family law cases

Feb. 21, 2019
By Antonio R. Sarabia II

Most law students have heard of unclean hands. But most seasoned family law practitioners are not familiar with disentitlement.


Law Practice, Judges and Judiciary, State Bar & Bar Associations

Dissolving legal barriers (Part 1)

Feb. 20, 2019
By Curtis E.A. Karnow

Trial judges and appellate justices rarely interact across their courts. Judges and lawyers have sporadic, desultory contact a...


The legal fight over inadvertent disclosures of privileged information due to unknown or unforeseen technology has already beg...


Tax, Civil Litigation, California Courts of Appeal, 9th U.S. Circuit Court of Appeals

A lump-sum award may push a plaintiff into a higher tax bracket. Not considering the taxes might effectively deny the plaintif...


Labor/Employment, California Supreme Court

In a decision that significantly narrows an employee’s remedies for wage and hour claims, the California Supreme Court unanimo...


Law Practice

Do you really need that expert witness?

Feb. 20, 2019
By Allen L. Lanstra, Kevin J. Minnick

When developing an expert case, the possibility of not hiring an expert at all or pulling an already retained expert prior to ...


Law Practice

The Machine Learning Curve

Feb. 20, 2019
By Christine M. Morgan, Andrew M. Levad

Get to know emerging AI technologies for legal research and their applications to your practice sooner rather than later.


Law Practice

Winning the 'battle of the experts' at trial

Feb. 20, 2019
By Chad S. Hummel

No other part of the evidentiary phase of a civil trial presents as much opportunity for juror engagement and the partisan tak...


Law Practice

Look at me!

Feb. 20, 2019
By Alex G. Romain

A great trial lawyer must harmonize his or her oral and visual presentations, so that they complement each other rather than c...


Law Practice

Having their cake and eating it too

Feb. 20, 2019
By James J. Yukevich, Cameron J. Schlagel

This aptly describes a situation that is becoming ever-more common in design defect cases litigated in California.


Law Practice

Practice tips for a great opening statement

Feb. 20, 2019
By Dan L. Stanford

To paraphrase a George Burns line: The secret of a good opening statement is to have a good beginning and a good ending -- and...


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

Two recent circuit court decisions have found that the websites and mobile applications of places of public accommodation are ...


Labor/Employment

Recharacterization is always possible, by different agencies and for different purposes. You may have a good handle on the iss...


Civil Litigation, California Supreme Court, California Courts of Appeal, Alternative Dispute Resolution

Heimlich relief for 998 offers

Feb. 19, 2019
By Edward R. Huguenin, Erik C. Tofft

Attorneys may be surprised to learn that there is no clear roadmap when it comes to employing the cost-shifting mechanisms of ...


Law Practice

I am asked for advice about legal careers quite a bit, especially how to get into law school. Some prospective 1Ls likely woul...


California Supreme Court, Appellate Practice

Oral arguments before the California Supreme Court

Feb. 19, 2019
By Myron Moskovitz

My critique might be right, and it might be wrong. But I think it's important to begin a discussion of this issue.


Civil Litigation, Intellectual Property

Evolution of the Defend Trade Secrets Act

Feb. 15, 2019
By Jordan D. Grotzinger, Jena MacCabe

As the federal trade secrets law turns three, we reflect on how it has evolved and issues that continue to develop.


Government, Administrative/Regulatory

Eleven low-income people trying to secure affordable housing in Santa Monica in 2018 all got good news — followed hard by bad ...


Law Practice

Winning the war: Destroy your opponent’s expert in 5 steps

MCLE
Feb. 15, 2019
By Kristina Azlin, Vito Costanzo

A few key steps to dethroning the other side’s expert. Don’t let time, or costs, completely dictate your strategy


Books

The Halt and the Blind

Feb. 15, 2019
By Richard Wirick

Richard Wirick reviews “Unexampled Courage: The Blinding of Sgt. Isaac Woodard and the Awakening of President Harry S. Truman ...


Ethics/Professional Responsibility

Ex parte? Not so fast, make sure you know the new rules

Feb. 15, 2019
By Antonio R. Sarabia II

The new rule on ex parte conduct, Rule 3.3(d) of the Rules of Professional Conduct, is titled “Candor Toward the Tribunal.” Th...


Insurance, Government

The 2018 California wildfires destroyed some 22,000 structures, including nearly the entire town of Paradise. Most of the ensu...


Criminal

Convicted for rap lyrics

Feb. 14, 2019
By Charis E. Kubrin

Jamal Knox's case is far from unique; rap lyrics are turning up as evidence in courtrooms across the country.