A move by the IRS and Treasury Department this summer is likely to make it even easier for wealthy individuals to funnel dark ...
Judges and Judiciary, Government
Defamation on the campaign trail? Not in California
By Mitchell J. Langberg, Matthew J. McKissick
A little-known California constitutional provision allows courts to overturn election results due to defamation if the losing ...
A good friend of mine passed away recently: Peter Tannenbaum, my campaign manager. Yep. A few years back, some fellow parents ...
As with so much else in the tax world, it depends. No one likes fines or penalties, but deducting them on your taxes makes the...
Letters, Criminal
Felony murder bill addresses natural and probable consequences and promotes justice
By Michael Ogul
In his recent column, Deputy District Attorney Eric Siddall complains that Senate Bill 1437 would not merely “abolish the appl...
Law Practice, Ethics/Professional Responsibility
Emotional distress damages and lawyer causation
By Diane L. Karpman
When it comes to legal malpractice cases, there's rumor going around that "emotional distress damages" actually exist.
Contracts, Alternative Dispute Resolution
Creating settlement agreements that you can enforce
By Lars C. Johnson
In order to craft an enforceable settlement agreement at mediation, there are a few things to keep in mind.
Law Practice, California Supreme Court, Appellate Practice
California law risk, the commute, and the past as prologue
By Howard B. Miller
There is a new kind of risk in California law that affects the way cases should be analyzed, on appeal, in trial, through sett...
Though there is abundant talent floating about in fiction, poetry and memoir, few realize how true this also is of literary cr...
Government, Constitutional Law
Foreign emoluments lawsuit presents standing questions
By John H. Minan
Do members of Congress have standing to sue President Donald Trump for violating the foreign emoluments clause of the Constitu...
U.S. Supreme Court, Labor/Employment, Judges and Judiciary
The nominee and the NLRB
By Michael H. Leb
Many politicians and activists claim that President Donald Trump’s Supreme Court nominee is anti-labor. But have they read Jud...
Government, Environmental & Energy
As California sea levels rise, so do state and local governments’ costs to address them
By John P. Erskine
The California Coastal Commission's emerging requirements for shoreline development follow a new report predicting accelerated...
Ongoing conversations online could inadvertently create serial meetings.
Intellectual Property, Entertainment & Sports
It is becoming increasingly difficult to trademark your brand
By Delia Ramirez
Last month, the musician Will.i.am lost a five-year battle against the USPTO attempting to register the mark #WILLPOWER in cla...
Civil Litigation, Labor/Employment, California Supreme Court
Unaccounted time: Reading the tea leaves of Troester
By H. Scott Leviant, Lilit Ter-Astvatsatryan
It is the nature of the analysis supplied by Troester that suggests more is yet to be said about the implications of this prin...
Lawyers have to represent!
By Frank H. Wu
Whether they reciprocate, or others join me in doing so, I will respect the lawyers who represent clients because they need th...
Government, Criminal
Felony murder bill ignores natural and probable consequences
By Eric Siddall
Should Gov. Jerry Brown sign into law Senate Bill 1437, criminals in California can no longer be punished for the natural and ...
Civil Litigation, Alternative Dispute Resolution
Successful mediations need the right players at the table
By Lars C. Johnson
But to be successful, it is important to set the stage properly. Among other things, the right players need to be at the table.
Probate
Avoid probate with clarity about which assets a trust controls
By Julia Craig Kelety
A good estate plan requires a clear understanding as to which assets are controlled by the trust terms. Counsel who rely on th...
It doesn’t appear that anyone worried too much about sexual harassment plaintiffs. In an employment context — and most such cl...
Government, California Supreme Court
Questions emerge after high court public records decision
By Christine Wood, HongDao Nguyen
How public agencies can manage new demands for electronic records.
U.S. Supreme Court, Constitutional Law
Will the ‘digital divide’ persist?
By Brian M. Hoffstadt
At the end of last term, the U.S. Supreme Court hammered a bit deeper the wedge it had previously inserted between electronic ...
Government, Environmental & Energy, Constitutional Law, California Courts of Appeal
Scope of government’s duty after groundwater ruling is unclear
By Jeremy B. Talcott
The 3rd District Court of Appeal recently ruled that the public trust doctrine can apply to groundwater extraction, but the co...
Litigation & Arbitration, Civil Litigation, Alternative Dispute Resolution
Create incentives for plaintiffs to choose arbitration
By David Horton, Andrea Cann Chandrasekher
A study of 40,775 cases administered by the AAA, JAMS, ADR Services, and Kaiser reveals why states should create incentives fo...
Government, Corporate
Legislation to impose gender quotas in boardrooms reflects international trend
By Maj Vaseghi, Sarah M. Ray
California Senate Bill 826 has passed the California legislature and is headed to the desk of Gov. Jerry Brown, who will have ...
Government
Pass Prop 10 to repeal Costa-Hawkins and restore local government’s authority to address the housing crisis
By Alison Regan
California is facing the greatest affordable housing crisis the state has ever experienced. Our largest cities are dominated b...
Family
Evolving definitions of the ‘date of separation’ in California
By Marina Manoukian
When dividing community property in a dissolution case, the determination of when the parties separated is key.
Administrative/Regulatory
Catch up with the California Consumer Privacy Act
By John A. Vogt, Jeffrey Rabkin
The recently enacted CCPA is one of the most comprehensive existing privacy measures in the United States. Earn MCLE credit le...
Did you know that the subatomic particle, the quark, derives its name from Joyce’s impenetrable novel “Finnegan’s Wake”?
As football is America's favorite spectator sport, it is not surprising that many football terms have crept into our everyday ...