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Tax, Government

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

Sep. 17, 2018
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 ...


Government, Appellate Practice

My campaign manager

Sep. 17, 2018
By Myron Moskovitz

A good friend of mine passed away recently: Peter Tannenbaum, my campaign manager. Yep. A few years back, some fellow parents ...


Tax, Entertainment & Sports

Can Serena Williams write off fines?

Sep. 17, 2018
By Robert W. Wood

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...


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

Sep. 14, 2018
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

MCLE
Sep. 14, 2018
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

There is a new kind of risk in California law that affects the way cases should be analyzed, on appeal, in trial, through sett...


Books

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

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

Sep. 13, 2018
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

The California Coastal Commission's emerging requirements for shoreline development follow a new report predicting accelerated...


Government

Implementing the Brown Act in the digital age

Sep. 13, 2018
By Lauren B. Langer

Ongoing conversations online could inadvertently create serial meetings.


Intellectual Property, Entertainment & Sports

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

Sep. 12, 2018
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!

Sep. 12, 2018
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

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

MCLE
Sep. 12, 2018
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

A good estate plan requires a clear understanding as to which assets are controlled by the trust terms. Counsel who rely on th...


Tax

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

Sep. 12, 2018
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?

Sep. 11, 2018
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

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

Sep. 11, 2018
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

California Senate Bill 826 has passed the California legislature and is headed to the desk of Gov. Jerry Brown, who will have ...


California is facing the greatest affordable housing crisis the state has ever experienced. Our largest cities are dominated b...


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

MCLE
Sep. 10, 2018
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...


Law Practice, Judges and Judiciary

Avoid quirky quarks

Sep. 10, 2018
By Arthur Gilbert

Did you know that the subatomic particle, the quark, derives its name from Joyce’s impenetrable novel “Finnegan’s Wake”?


Law Practice

Football in the field of law

Sep. 10, 2018
By Michael L. Stern

As football is America's favorite spectator sport, it is not surprising that many football terms have crept into our everyday ...