Law Practice, Criminal
Domestic violence: A scourge that knows no boundaries
By Yvette Lopez-Cooper
October is National Domestic Violence Awareness Month. For years, law enforcement agencies, social service providers, non-gove...
Law Practice, Ethics/Professional Responsibility
New rules modify unauthorized practice of law rules in California [Rule 5.5]
By Peter Weber
The new Rule 5.5 modifies former Rule of Professional Conduct 1-300, titled “Unauthorized Practice of Law.”
Labor/Employment
Review NLRB’s proposed rule to clarify its joint-employer standard
By Mellissa A. Schafer, Brandon A. Takahashi
On Sept. 14, the National Labor Relations Board proposed a rule to clarify the board’s position on this legal issue,
Law Practice, Ethics/Professional Responsibility
Closing old files will help your law firm reduce risk
By Shari L. Klevens, Alanna G. Clair
It does not always occur to attorneys to formally close the matter internally and to send a file closing letter to a client.
Civil Litigation, Alternative Dispute Resolution
The dollars and sense of a discovery referee
By Joyce Fahey
It’s surprising how often this sensible and cost-saving solution is overlooked.
The #MeToo movement and our changing culture have been the driving force behind new California laws that increase employers’ ...
Labor/Employment
Governor Brown didn’t sign all the employment law bills; here’s a few
By Chris Micheli
While we normally only address signed bills that have become new law in California, there were quite a number of significant v...
Intellectual Property
The writing is on the wall: Copyright protection for street art
By Victoria Burke
Recent cases have highlighted the question as to what, if any, intellectual property rights do graffiti artists, who use build...
U.S. Supreme Court, Judges and Judiciary, State Bar & Bar Associations
This is not the demeanor of a ‘well qualified’ judge
By Stephen F. Rohde
On Aug. 31, the American Bar Association gave Judge Brett Kavanaugh its highest rating of “Well Qualified” in connection with ...
Civil Litigation, Labor/Employment, Government
Bill is critical component of sea change in women’s rights
By Genie Harrison
Senate Bill 1300 finally eliminates the pass given to bad actors in the workplace that was rooted in the way the “severe or p...
Government, Administrative/Regulatory
First cybersecurity bill governing internet of things signed into law
By Vanessa Katz
Beginning on Jan. 1, 2020, the California IoT law will require that manufacturers of any device “capable of connecting to the ...
Law Practice, Ethics/Professional Responsibility
Internet advertising and the criminal law mill
By George K. Rosenstock
In the early 90s, the California Supreme Court ruled that the contact information for persons arrested could be released. This...
U.S. Supreme Court, Environmental & Energy, Constitutional Law
Authority over public lands and resources in (and out of) Alaska
By Matthew J. Sanders
After the U.S. Supreme Court hears arguments in November, will Alaska prove to be the exception or the rule for the future of ...
U.S. Supreme Court, Constitutional Law
The constitutional limits of the Chevron deference doctrine
By Larry Alexander
Chevron deference has been a quite controversial doctrine, both on and off the courts. The controversy has encompassed the doc...
Judges and Judiciary, California Courts of Appeal, Appellate Practice
Slumming it with facts on appeal, part 2 — going to the 909
By Benjamin G. Shatz
As we have seen, sometimes appellate courts do get their hands dirty with facts and will entertain a new fact for the first ti...
Government, California Supreme Court, Administrative/Regulatory
Hold up the original intent of the California Public Records Act
By Laura E. Murray
The California Supreme Court is considering whether to hear a case that could require the nation’s largest water agency to rel...
Law Practice
How will you honor this year’s National Celebration of Pro Bono?
By Laura Cohen, Michelle Takagishi-Almeida
There are plenty of opportunities for attorneys from any practice area or background to get involved in pro bono service year-...
Family, California Courts of Appeal
Ruling addresses stock options and the calculation of child support
By Jeffrey P. Blum
In a case of first impression, the court in In re Marriage of Macilwaine, 18 DJDAR 8490 (Cal. App. 1st Dist., Aug. 28, 2018), ...
Let’s hope Mark Judge can be a better man than the belligerent drunk he at least tried to stop from escalating a sexual assaul...
Last week’s hearings on the nomination of Judge Brett Kavanaugh to the Supreme Court cost many of us some billable hours. Inst...
Government, Constitutional Law
Judge says plaintiffs have standing in emoluments case against Trump
By John H. Minan
On Friday, U.S. District Judge Emmet G. Sullivan held that Sen. Richard Blumenthal, and some 200 other members of Congress, ha...
Civil Litigation, Construction, California Courts of Appeal
The complicated history of asbestos regulation in the United States
By Garret D. Murai
Prior to the 1970s, material containing asbestos was widely used in construction. From insulation, to plaster, to siding, to t...
Securities, Government, Corporate, Administrative/Regulatory
Technology, ego and the siren call of social media
By Ronald E. Wood
The ancient Greeks told a myth of Scylla and Charybdis, a pair of sea monsters on opposite sides of a narrow strait and lured ...
Civil Litigation, Labor/Employment
Uber still faces the prospect of a hefty PAGA payday
By Eve H. Wagner
When the 9th U.S. Circuit Court of Appeals handed down its decision, it was not a big surprise. The news is not all good for U...
Bankruptcy
Tax liens and the automatic stay in bankruptcy filings: a primer
By Stuart B. Rodgers
Investors who hold real property tax lien certificates sometimes find that the real property to which the lien attaches is aff...
Criminal
Educating first time DUI offenders about the actual penalties they face
By George K. Rosenstock
The ripple effect of an early disclosure of the likely actual penalties to be incurred by first time DUI alleged offenders wil...
Take a look around you. Consider what is occurring throughout the country. An uneducated citizenry and one predominantly educa...
This article urges lawyers to put down for a moment the electronic legal menus we now rely on, check out some of these volumes...
There are countless reasons why people who are sexually assaulted or abused do not report what happened: It’s painful. It’s em...
Military Law, Government, Criminal
How to propel the Guantánamo cases to trial
By Robert C. Bonner
This article not a judgment on the merits of capital punishment or its appropriateness in these cases, which include defendant...