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Books

A quest for reparations

Nov. 30, 2018
By Stanley A. Goldman

In his new book, "Left to the Mercy of a Rude Stream: The Bargain That Broke Adolf Hitler and Saved My Mother," Loyola Law Sch...


Law Practice, Alternative Dispute Resolution

Mediation can be an extremely constructive and fulfilling process resulting in a mutually agreeable resolution. However, resol...


Law Practice, Judges and Judiciary, International Law

Attorney-at-large Julie Kessler spoke to the Bailiff, Sir Richard John Collas, in his chambers in the Bailiwick earlier this ...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

Judge Waddington runs through some of the most recent 9th Circuit cases that have been reversed by the U.S. Supreme Court.


Civil Litigation

The nature of contingency fees

Nov. 29, 2018
By Ian I. Herzog

Percentage-based legal representation has long-been an accepted method by which most ordinary consumers obtain legal represent...


During a speech delivered last month at the NYU School of Law Program on Corporate Compliance and Enforcement, Assistant Attor...


International Law, Intellectual Property

In recent years, the number of foreign companies litigating in China has surged with progressively more positive outcomes. The...


Alternative Dispute Resolution

Unfortunately, lawyers are seldom taught or trained in how best to communicate (other than with a jury or judge in the ultimat...


Civil Litigation

Northern District releases guidance for class action settlements

Nov. 28, 2018
By Michael W. Scarborough, Nadezhda Nikonova

The Northern District of California comprehensively updated its Procedural Guidance for Class Action Settlements on Nov. 1, 20...


U.S. Supreme Court, Environmental & Energy

In one of its early decisions this term, the U.S. Supreme Court decided to give us all a lesson in the proper use of the Engli...


Civil Litigation, Criminal

Hearsay and secondary sources

Nov. 27, 2018
By Frank M. Loo

A recent appellant ruling is a good review for both civil and criminal practitioners of the nuances of admissibility of docume...


Tax

Proposed regulations on gift and estate tax exemption

Nov. 27, 2018
By Megan Lisa Jones

On Nov. 21, the Internal Revenue Service and Department of Treasury issued Proposed Regulations Section 20.2010-1 to provide g...


Health Care & Hospital Law, Education Law, Appellate Practice

Last week, the California Court of Appeal rejected a challenge to California’s new immunization law. In June 2015, California’...


It has been quite a long time since I reviewed the iPad Pro. With the recent introduction of iPad Pro 12.9 and 11-inch, it is ...


Entertainment & Sports, Contracts

Entertainment contracts with minors: clarification needed

Nov. 27, 2018
By Neville L. Johnson, Douglas L. Johnson

While significant steps have been taken to protect both the interests of the entertainment industry and of the minors employed...


California Supreme Court, Appellate Practice

Issue and claim preclusion in the wake of Samara

Nov. 26, 2018
By Sarah Hofstadter

In a unanimous opinion issued earlier this year, the California Supreme Court made a major change in our state’s law in the ar...


Labor/Employment, California Supreme Court, California Courts of Appeal

As easy as “ABC,” but not exactly in California

Nov. 26, 2018
By Kevin D. Whittaker, Lara F. Graham

A recent ruling demonstrates that multiple tests for independent contractor status continue.


Corporate

Data breaches in 2018: contractor negligence

Nov. 26, 2018
By Anita Taff-Rice

While the cause of natural disasters is beyond our control, and stopping foreign governments’ malicious cyberattacks is daunti...


Civil Litigation, Appellate Practice

Stay what?

MCLE
Nov. 26, 2018
By James C. Martin, David J. de Jesus

Notices of appeal can get you less than you might think


Ethics/Professional Responsibility

Restoring civility in divisive times

MCLE
Nov. 23, 2018
By A. Marco Turk

Welcome to the brave new world of legal ethics and professional responsibility.


Law Practice

Tips on fee estimates in unpredictable cases

Nov. 23, 2018
By Frederick Hertz

Legal services tend to fall into three general categories when it comes to estimating fees: the “almost certainly” predictable...


Alternative Dispute Resolution

Mediation buzzkill

Nov. 23, 2018
By Robert S. Mann

With apologies for various maritime metaphors, here are some examples of mediation buzzkill and ways to avoid it.


Law Practice, Ethics/Professional Responsibility

What not to do when receiving a legal malpractice claim

Nov. 21, 2018
By Shari L. Klevens, Alanna G. Clair

Emotionally charged decisions made in response to the receipt of a claim rarely end well.


Law Practice, State Bar & Bar Associations

Bar exam blues

Nov. 21, 2018
By Howard B. Miller

The July 2018 California bar exam overall pass rate of 40.7 percent, the lowest in 60 years, has renewed intense discussion of...


Law Practice

Lawyers, judges and Facebook friends

Nov. 20, 2018
By Wendy L. Patrick

Social media has revolutionized the way people communicate, socialize and stay in touch. In terms of users, the social media r...


Government

A little-known subset of local government law is the law that applies to special districts, like cemeteries.


Finding a fit

Nov. 19, 2018
By Myron Moskovitz

Past retirement age and still talking about growing up.


Criminal

The reform law, as written, appears to repeal the second-degree felony-murder rule altogether.


U.S. Supreme Court, Civil Litigation, Alternative Dispute Resolution

For those of us who thought it couldn’t get much worse for consumers and employees, the 11th Circuit just decided to kick it u...


State Bar & Bar Associations, Law Practice

Public protection demands a diverse and inclusive legal system

Nov. 16, 2018
By Jason P. Lee, Leah Wilson

The State Bar of California is embarking on a comprehensive review of the discipline system for bias, including racial, ethnic...