Diane Cafferata is back with more tips on ensuring you have strong motion practice.
Civil Litigation, Criminal, Bankruptcy
Are bankruptcy criminal referrals sad or not sad?
By Leonard L. Gumport
In non-bankruptcy civil cases, Congress has not told Article III federal judges what to do. In bankruptcy cases, Congress cert...
U.S. Supreme Court, Environmental & Energy
Roberts emerges as adept leader
By Richard M. Frank
As the U.S. Supreme Court formally convened on the proverbial first Monday in October, and the justices settled in to hear ora...
Civil Litigation, Criminal, Banking
Liability of banks receiving money in a wire fraud scheme
By Joshua J. Borger
When is a bank liable for accepting funds in a wire fraud scheme?
Insurance
Don’t forget about businesses that suffer interruption in a disaster
By Stephen L. Raucher
With all the devastation wrought on homeowners in recent weeks by the California wildfires, there has been much attention paid...
Labor/Employment
Mistletoe and #MeToo: Work holiday party best practices
By David B. Monks, Megan E. Walker
Several new harassment laws signed by Gov. Jerry Brown this October may not go into effect until Jan. 1, 2019 or later, but th...
In the courtroom lawyers are advocates who rarely are both sides of an issue. Mediators are different — we have to be able to ...
Tax opinions were always important. And with the massive tax bill that was passed almost a year ago, the situations in which t...
Military Law, Law Practice
Soldier first, lawyer always
By Antoinette Balta, Timothy M. Weiner
Many civilian lawyers in California join the California State Military Reserve to serve and support the people of California.
Tips on how to ask your clients to pay their bills.
While most understand that the Tax Cuts and Jobs Act of 2017 has had a major impact on tax rates and deductions, it is importa...
Law Practice, Law Office Management
Leaving your firm: 5 Ws and 1 H
By Daniel O'Rielly, Dena Roche
The who, what, when, where, why and how of deciding to leave your law firm.
Government, Environmental & Energy
Grappling with the growing threat of wildfires and costs in California
By Ronald Liebert
Was Senate Bill 901 the answer or do questions remain?
Designing claims against architects
By Garret D. Murai
Architects seem to hold a special place in our hearts. They’re the good guys. And in California, they even get special protect...
If you are holding bitcoin or other crypto, you may well not want to sell until the market recoveries. But if you owe taxes, h...
Law Practice
Guidance for protecting your law firm from the next data breach
By Shari L. Klevens, Alanna G. Clair
The threat of the disclosure of personal data is ever-present in today’s society, as seemingly every week there is another rep...
Way too often, I see otherwise excellent lawyers squander their time, their client’s money, and most importantly, the credibil...
Rather than strain to explain how the no-free-lunch maxim applies to appellate practice or the law generally, let’s just accep...
Putting pen to paper, because of the individual exertion, has persisted. I might be imagining it, yet I believe I am more thou...
Although traditionally directors have seen a high threshold for liability, it has been eroded both at the trial court level an...
Labor/Employment, Criminal, Administrative/Regulatory
California takes additional steps to stamp out trafficking
By Michael W.M. Manoukian, Michael G. Congiu
In a state replete with regulation, California adopted two new laws aimed squarely at combating human trafficking.
Letters, California Supreme Court, State Bar & Bar Associations
No, we don’t need a Supreme Court bar
By Gary Schons
Former California Supreme Court law clerk Christopher Hu suggests California could benefit from a “specialized high court bar,...
U.S. Supreme Court, California Supreme Court, State Bar & Bar Associations
The death knell for integrated bars?
By Deborah J. La Fetra
Could last summer’s decision in Janus v. AFSCME, forbidding states from allowing unions to garnish wages of nonmember employee...
This, my last column for the year, leans toward the sentimental, but I hope not the maudlin.
The Nov. 21 headline story on bail reform contained the following statement: “They’ve [billion dollar private equity firms] sh...
Civil Litigation, Education Law, California Supreme Court
Rosen: A case study on a school’s duty to protect its students
By Alyssa Dillard
Students and parents alike often rely on their university or college to provide services to enhance student safety and create ...
Tax
California taxes and $10K deduction cap triggers moves and trusts
By Robert W. Wood
The year isn’t over yet. But in early 2019, when you sit down alone or with your accountant, is the $10,000 deduction cap with...
U.S. Supreme Court, California Supreme Court, State Bar & Bar Associations, Appellate Practice
A specialized bar for the California Supreme Court?
By Christopher D. Hu
Is this one area where Washington, D.C. is actually worthy of emulation?
Letters, State Bar & Bar Associations
Just lowering ‘cut score’ ignores other factors
By Arnold E. Sklar
I agree with Howard Miller on one point: The bar exam is to test minimum competence to practice law. I disagree with everythin...
Real Estate/Development, Administrative/Regulatory
California’s new housing laws and how Newsom may implement them
By Chelsea Maclean
Taken as a whole, these laws continue a significant trend toward increasing the expectations on local governments to make prog...