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Law Practice, Criminal

Domestic violence: A scourge that knows no boundaries

Oct. 8, 2018
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

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

Oct. 5, 2018
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

Oct. 5, 2018
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

Oct. 5, 2018
By Joyce Fahey

It’s surprising how often this sensible and cost-saving solution is overlooked.


Labor/Employment

California is stepping up

Oct. 5, 2018
By Janine Yancey

The #MeToo movement and our changing culture have been the driving force behind new California laws that increase employers’ ...


While we normally only address signed bills that have become new law in California, there were quite a number of significant v...


Intellectual Property

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

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

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

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

Oct. 4, 2018
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

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

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

MCLE
Oct. 3, 2018
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

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?

Oct. 3, 2018
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

In a case of first impression, the court in In re Marriage of Macilwaine, 18 DJDAR 8490 (Cal. App. 1st Dist., Aug. 28, 2018), ...


U.S. Supreme Court, Law Practice, Judges and Judiciary

Better man

Oct. 2, 2018
By Maureen Johnson

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...


Law Practice, Appellate Practice

Who is telling the truth?

Oct. 2, 2018
By Myron Moskovitz

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

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

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

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

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

Investors who hold real property tax lien certificates sometimes find that the real property to which the lien attaches is aff...


The ripple effect of an early disclosure of the likely actual penalties to be incurred by first time DUI alleged offenders wil...


Law Practice, Judges and Judiciary

Who cares about a Fazioli?

Oct. 1, 2018
By Arthur Gilbert

Take a look around you. Consider what is occurring throughout the country. An uneducated citizenry and one predominantly educa...


Law Practice, Books

Pick up (actual) books from time to time

Oct. 1, 2018
By Robert H. Bunzel

This article urges lawyers to put down for a moment the electronic legal menus we now rely on, check out some of these volumes...


Criminal

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

Oct. 1, 2018
By Robert C. Bonner

This article not a judgment on the merits of capital punishment or its appropriateness in these cases, which include defendant...