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Alternative Dispute Resolution

SB 954 appears to be driven by our Legislature’s desire to offer consumer protection to clients who choose to settle their dis...


Law Practice

Effective Jan. 1, 2019, AB 2084 adds Section 8050 to the Business and Professions Code to limit the business practices of lic...


Intellectual Property

When does the parody defense in trademark cases fail?

MCLE
Oct. 1, 2018
By Caitlin C. Conway, Peter Harvey

Evidence of confusion and tarnishment often tip the balance.


Ethics/Professional Responsibility, California Supreme Court

Conflict waiver enforceability

MCLE
Sep. 28, 2018
By Stephen L. Raucher

Earn MCLE credit reviewing a recent Supreme Court case dealing with a conflict waiver that didn't quite get the job done.


Law Practice, Insurance, State Bar & Bar Associations

Is mandatory malpractice insurance coming to California?

Sep. 28, 2018
By Kenneth C. Feldman

Many California lawyers may not be aware of the Malpractice Insurance Working Group or what it’s currently studying.


Law Practice, State Bar & Bar Associations

Last week, Gov. Jerry Brown signed Assembly Bill 3249, the State Bar bill. The bill amends over 100 various statutory provisio...


Law Practice, Ethics/Professional Responsibility

Tips for attorneys who are addressing disputes over advance fees

Sep. 28, 2018
By David M. Majchrzak, Heather L. Rosing

Given the requirement to promptly refund unearned advance fees, once the disputed funds are identified and segregated, lawyers...


U.S. Supreme Court, Judges and Judiciary, Criminal

We have a seasoned prosecutor cross-examining a victim of a violent crime for the whole country to see. Yet, the cross-examina...


Judges and Judiciary, California Supreme Court, Appellate Practice

Working without Werdegar

Sep. 28, 2018
By Kirk C. Jenkins

Dive into some California Supreme Court statistics to examine how the retirement Justice Kathryn M. Werdgar— which has led to ...


“Norman Mailer: The Sixties: A Library of America Boxed Set” (2018) shows Mailer as really one of the inventors of what came ...


Alternative Dispute Resolution

Informed consent in mediations taking place in California

Sep. 28, 2018
By Phyllis G. Pollack

The almost absolute protection for mediation confidentiality stems from California’s Evidence Code Sections 1115-1128 enacted ...


Law Practice, Civil Rights

In this column, and those to follow, I will explore these issues, along with interviews of LGBT judges, corporate in-house co...


U.S. Supreme Court, Law Practice

Does the story check out?

Sep. 27, 2018
By Steven S. Kimball

Every witness could be lying, or not, to tell the truth.


Litigation & Arbitration, U.S. Supreme Court, Civil Litigation, Labor/Employment

Another big term for arbitration at the Roberts court

Sep. 27, 2018
By Joseph R. Palmore

This term, the Supreme Court is poised, again, to issue decisions on the enforceability of arbitration agreements.


U.S. Supreme Court, Labor/Employment, Civil Rights

Title VII also bans sexual orientation discrimination

Sep. 27, 2018
By Joshua C. Williams

This term, the Supreme Court has an opportunity to protect more Americans from discrimination based on sexual orientation.


U.S. Supreme Court, Native Americans, Criminal

A prisoner in his own land?

Sep. 27, 2018
By Tim Evans

A Native American prisoner case up for U.S. Supreme Court review could create jurisdictional shifts in eastern Oklahoma -- or ...


Probate, California Supreme Court

Probate court closed to disinherited trust beneficiaries

Sep. 27, 2018
By Denise E. Chambliss, James R. Cummins

In a case of first impression, a California Court of Appeal recently held that only trustees and beneficiaries under a current...


Labor/Employment, Construction

New laws will affect contractors in California

Sep. 27, 2018
By Chris Micheli

Several bills recently signed by Gov. Jerry Brown will affect California contractors.


U.S. Supreme Court, Constitutional Law, Administrative/Regulatory

Judge Brett Kavanaugh and the administrative state

Sep. 26, 2018
By Anne Voigts, Matthew V. Noller

If Kavanaugh is confirmed, his jurisprudence will give enterprising litigants a strong incentive to bring more challenges to a...


U.S. Supreme Court, Criminal, Constitutional Law

Will the court upend the dual sovereign doctrine?

MCLE
Sep. 26, 2018
By Craig E. Countryman

When both federal and state law criminalize the same conduct, the defendant can be independently prosecuted under each. That m...


U.S. Supreme Court, Constitutional Law

Federalism and takings law do not blend

Sep. 26, 2018
By Michael M. Berger

The problem that I have with the concept of federalism is the tendency of some of its fans to enlist it in analyzing regulator...


Civil Litigation, California Supreme Court

A case involving a gruesome injury on Mammoth Mountain gives the state high court a chance to clear up the issue.


On Oct. 3, the U.S. Supreme Court will hear oral argument in a case that could overturn precedent that has long been criticize...


Government, Criminal

Last week, Gov. Jerry Brown signed into law Assembly Bill 2876, which codifies existing case law concerning the warrantless re...


In July of this year, the Internal Revenue Service finalized its partnership audit rules, and this week Gov. Jerry Brown signe...


U.S. Supreme Court, Civil Litigation, Appellate Practice

How strict are appellate deadlines in class actions?

Sep. 25, 2018
By Andrew J. Trask

The 9th Circuit has ruled that the class action appeal deadline can be extended by “equitable factors,” but will its decision ...


U.S. Supreme Court, Constitutional Law

A First Amendment case on the Supreme Court’s docket this term presents a more conservative-leaning U.S. Supreme Court an oppo...


U.S. Supreme Court, Appellate Practice

Briefing in the US Supreme Court post-Kennedy

Sep. 25, 2018
By Ben Feuer, Anna-Rose Mathieson

For more than a decade, Supreme Court advocates with polarizing cases designed their arguments to appeal to one man above all:...


Law Practice, Education Law

In the past generation, students on the whole have displayed a profound change. Time was, the average student indicated that s...


Law Practice, Judges and Judiciary

Walking into the inner sanctum of a judge’s chambers, I immediately felt a sense of awe. Sure it was filled with lots of diplo...