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Civil Litigation

Killer Motion Practice, Part 2

Dec. 11, 2018
By Diane Cafferata

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?

Dec. 10, 2018
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

Dec. 10, 2018
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

MCLE
Dec. 10, 2018
By Joshua J. Borger

When is a bank liable for accepting funds in a wire fraud scheme?


Insurance

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

Dec. 7, 2018
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...


Alternative Dispute Resolution

Mediators Look Both Ways

Dec. 7, 2018
By Robert B. Jacobs

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

Dec. 7, 2018
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.


Law Practice

Talking money with clients

Dec. 6, 2018
By Frederick Hertz

Tips on how to ask your clients to pay their bills.


Family

It’s the end of alimony as we know it

Dec. 6, 2018
By Peter M. Walzer

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

Dec. 6, 2018
By Daniel O'Rielly, Dena Roche

The who, what, when, where, why and how of deciding to leave your law firm.


Government, Environmental & Energy

Was Senate Bill 901 the answer or do questions remain?


Designing claims against architects

Dec. 5, 2018
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

Dec. 5, 2018
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...


Civil Litigation, Law Practice

Killer Motion Practice, Part 1

Dec. 4, 2018
By Diane Cafferata

Way too often, I see otherwise excellent lawyers squander their time, their client’s money, and most importantly, the credibil...


Law Practice, Appellate Practice

FREE MONEY!

Dec. 4, 2018
By Benjamin G. Shatz

Rather than strain to explain how the no-free-lunch maxim applies to appellate practice or the law generally, let’s just accep...


Law Practice

Remember legal paper?

Dec. 4, 2018
By Frank H. Wu

Putting pen to paper, because of the individual exertion, has persisted. I might be imagining it, yet I believe I am more thou...


Corporate

How to assure the board’s attention to cyber risks

Dec. 4, 2018
By Malcolm S. McNeil

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

Dec. 4, 2018
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

Dec. 4, 2018
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?

Dec. 4, 2018
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...


Law Practice, Judges and Judiciary

Thanks, and I mean it

Dec. 3, 2018
By Arthur Gilbert

This, my last column for the year, leans toward the sentimental, but I hope not the maudlin.


Letters, Criminal

About those low-income criminal defendants

Dec. 3, 2018
By Nathaniel J. Friedman

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

Students and parents alike often rely on their university or college to provide services to enhance student safety and create ...


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?

Dec. 3, 2018
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

Dec. 3, 2018
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

Taken as a whole, these laws continue a significant trend toward increasing the expectations on local governments to make prog...