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Law Practice, California Courts of Appeal, Appellate Practice

An appellate court's review is generally cabined by the universe of facts that were "before the trial court for its considerat...


Law Practice, Appellate Practice

Not my style

Sep. 4, 2018
By Myron Moskovitz

These might be quibbles. Most of the Style Manual is helpful. I just needed to get this off (my chest). Or — coming soon — [my...


Judges and Judiciary, Criminal

Budget constraints call for rethinking felony procedures

Sep. 4, 2018
By George K. Rosenstock

Proposed here is the global replacement of preliminary examinations in felony cases by the use of multiple month-long impanele...


Ethics/Professional Responsibility, Administrative/Regulatory

Lawyers with cannabis clients are caught in the ethical weeds

MCLE
Aug. 31, 2018
By Hanspeter Walter

Lawyers face unique ethical and professional issues when representing cannabis businesses.


Litigation & Arbitration, Construction, Civil Rights, California Courts of Appeal

Disappointingly, the 4th District Court of Appeal affirmed a trial court confirmation of an arbitration award that took away a...


Environmental & Energy, Administrative/Regulatory

David’s green slingshot

Aug. 31, 2018
By Christa Lim

It only takes a village (in New York) to alter environmental review under California’s regulatory regime.


Books

A history in seven sackings

Aug. 31, 2018
By Richard Wirick

Matthew Kneale has attempted to compress 2,500 years of Roman history into less than 400 pages by taking an ingenious approach...


Earlier this month, the Internal Revenue Service issued sweeping proposed regulations for the pass-through entity tax break ou...


Environmental & Energy, Administrative/Regulatory

Wildfires, farms, fish and meeting water demands

Aug. 30, 2018
By Meredith E. Nikkel

California’s record-breaking wildfires in 2018 raise not only climate change and forest management issues, but also spotlight ...


Labor/Employment

A thin line: brand protection vs infringing on employee rights

Aug. 30, 2018
By Deborah Birndorf Zeiler

Employers still must grapple with the tug-of-war between protecting the brand on infringing on employee rights.


Government, Criminal

Bail law might leave some accused stuck in jail

Aug. 30, 2018
By Louis J. Shapiro

Under SB 10, for some offenses, a person will have to wait in jail for up to three days to be assessed at arraignment to deter...


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

Interest? You think we owe you interest?

Aug. 29, 2018
By Michael M. Berger

As the 9th Circuit put it, the teachers charged that interest had been "skimmed" from their accounts and given to others.


Businesses face unique IP challenges since cannabis is still illegal under federal law.


Civil Litigation, Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

Plaintiffs in pre-1972 recording cases scored a big win

Aug. 29, 2018
By Morgan Pietz, Daniel B. Lifschitz

The 9th Circuit said a remaster is ineligible for independent protection unless its essential character and identity reflect ...


U.S. Supreme Court, Law Practice

Edited out of the law

Aug. 28, 2018
By Frank H. Wu

A new school year is starting, and I will be teaching Asian-Americans and the Law. I believe it is worthwhile to explain the c...


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

This October the Supreme Court will consider the permissibility of cy pres-only class action settlements.


Government

American presidents and out-of-wedlock paternity

Aug. 28, 2018
By James Attridge

The baby shoe has dropped. Just when you started to wonder what could possibly happen next, the National Enquirer has given th...


Tax, Probate

Aretha Franklin was the Queen of Soul, beloved as a recording artist and person. She had a reported net worth of $80 million o...


Letters, Judges and Judiciary, Government

Judicial election response doesn’t hold up

Aug. 28, 2018
By Louis A. Lipofsky

The issue of judicial elections is again become a subject of debate.


Civil Litigation, Labor/Employment, California Supreme Court

In what is, apparently, the first widely disseminated ruling, one court has already answered this question with a resounding “...


Law Practice, Ethics/Professional Responsibility, California Courts of Appeal

Causation against lawyers who conceal conflicts

MCLE
Aug. 27, 2018
By Kenneth C. Feldman, Patrik Johansson

A Court of Appeal ruling muddles law concerning the applicable causation standard when a lawyer is sued for fraud or intention...


Civil Litigation, Law Practice, Appellate Practice

Don’t walk into a post-trial motion trap

Aug. 27, 2018
By Ben Feuer

If you lose a trial or dispositive ruling, your first instinct may be to file a post-trial motion. But if you don’t need to pr...


Intellectual Property, Civil Rights, California Supreme Court

The California Supreme Court's Hassell v. Bird ruling suggests courts will see through litigation tactics that attempt to avoi...


International Law, Government, Books

Steve Coll’s “Directorate S” concentrates on Pakistan’s pivotal, indeed indispensable roles in our battles with Mideast terror...


Letters, Judges and Judiciary, Government

One of the first lessons political science students are taught is that the first job of every elected official is to stay in ...


Letters, Criminal

Presumption of innocence... at trial

Aug. 24, 2018
By Richard J. Chrystie

The principle that a person is innocent until proven guilty is commonly overstated.


Litigation & Arbitration, Civil Litigation, International Law

International arbitration finally comes to California

MCLE
Aug. 24, 2018
By Howard B. Miller

Effective Jan. 1, 2019, Senate Bill 766 amends the California International Arbitration statute with new rules for California ...


Real Estate/Development, Bankruptcy

Parties that find themselves involved in the purchase of property that is either wholly, or partially, owned by an entity in b...


Real Estate/Development, Government, Administrative/Regulatory

With the school year set to begin in California, parents, educators and landlords should be aware of the unique problems cause...


Environmental & Energy, Administrative/Regulatory

New signage requirements under Proposition 65

Aug. 23, 2018
By Collin Waring

New warning signs must be posted on buildings, or property owners could face lawsuits or penalties