U.S. Supreme Court, Civil Litigation, 9th U.S. Circuit Court of Appeals
Supreme Court cy pres case could change class action landscape
By Sylvia Rivera
This October the Supreme Court will consider the permissibility of cy pres-only class action settlements.
The baby shoe has dropped. Just when you started to wonder what could possibly happen next, the National Enquirer has given th...
Tax, Probate
Leaving no will, Aretha reprises Prince. Don’t copy them.
By Robert W. Wood
Aretha Franklin was the Queen of Soul, beloved as a recording artist and person. She had a reported net worth of $80 million o...
Letters, Judges and Judiciary, Government
Judicial election response doesn’t hold up
By Louis A. Lipofsky
The issue of judicial elections is again become a subject of debate.
Civil Litigation, Labor/Employment, California Supreme Court
Does the high court’s Dynamex decision apply retroactively?
By Michael H. Leb
In what is, apparently, the first widely disseminated ruling, one court has already answered this question with a resounding “...
Law Practice, Ethics/Professional Responsibility, California Courts of Appeal
Causation against lawyers who conceal conflicts
By Kenneth C. Feldman, Patrik Johansson
A Court of Appeal ruling muddles law concerning the applicable causation standard when a lawyer is sued for fraud or intention...
Civil Litigation, Law Practice, Appellate Practice
Don’t walk into a post-trial motion trap
By Ben Feuer
If you lose a trial or dispositive ruling, your first instinct may be to file a post-trial motion. But if you don’t need to pr...
Intellectual Property, Civil Rights, California Supreme Court
California courts will be vigilant about attempts to dodge the CDA
By Armen N. Nercessian
The California Supreme Court's Hassell v. Bird ruling suggests courts will see through litigation tactics that attempt to avoi...
International Law, Government, Books
The story of Pakistan’s role in America’s forever war
By Richard Wirick
Steve Coll’s “Directorate S” concentrates on Pakistan’s pivotal, indeed indispensable roles in our battles with Mideast terror...
Letters, Judges and Judiciary, Government
Amendment would subject judges to even more political pressure
By Joseph Weissburg
One of the first lessons political science students are taught is that the first job of every elected official is to stay in ...
The principle that a person is innocent until proven guilty is commonly overstated.
Litigation & Arbitration, Civil Litigation, International Law
International arbitration finally comes to California
By Howard B. Miller
Effective Jan. 1, 2019, Senate Bill 766 amends the California International Arbitration statute with new rules for California ...
Real Estate/Development, Bankruptcy
Explore the complexities of property sales in bankruptcy
By Stuart B. Rodgers
Parties that find themselves involved in the purchase of property that is either wholly, or partially, owned by an entity in b...
Real Estate/Development, Government, Administrative/Regulatory
Protect students and educators from no-fault evictions
By Gary W. Rhoades
With the school year set to begin in California, parents, educators and landlords should be aware of the unique problems cause...
Environmental & Energy, Administrative/Regulatory
New signage requirements under Proposition 65
By Collin Waring
New warning signs must be posted on buildings, or property owners could face lawsuits or penalties
Law Practice, Ethics/Professional Responsibility
Protecting internal communications from disclosure
By Shari L. Klevens, Alanna G. Clair
As soon as something goes wrong in a representation, the first instinct for many attorneys may be to turn to colleagues for ad...
As you might expect with any government agency, failing to cooperate voluntarily with the IRS can have consequences.
Since the last effort in 2000, there has been little public discourse about the need to put a constitutional amendment on the ...
Administrative/Regulatory
New law finally equips consumers with tools to track their data
By Anita Taff-Rice
Racing to get ahead of a looming consumer privacy ballot initiative in November, the California Legislature has enacted a new ...
With the academic year underway, first-year law school students need to be aware of the "seven deadly sins," critical missteps...
Tax, Corporate
Proposed regulations would affect first-year depreciation deductions
By Phil Jelsma
Earlier this month, the Internal Revenue Service issued proposed regulations on additional first-year depreciation deductions,...
Judges and Judiciary, Government, Constitutional Law
Cicero's warning: Eastern District emergency
By Daniel O. Jamison
There are 677 district court judgeships nationwide. As of Monday, 126 were vacant with only 73 nominees pending. Many are judi...
U.S. Supreme Court, Judges and Judiciary, Constitutional Law
Stare decisis lite in the U.S. Supreme Court
By Leonard L. Gumport
True or false: The U.S. Supreme Court gives more respect to its precedents interpreting the U.S. Constitution than to other pr...
Litigation & Arbitration, Civil Litigation, Law Practice, California Courts of Appeal
Form over content when it comes to confidential settlements
By Steven H. Kruis
An appellate court weighs in on a settlement agreement included a confidentiality clause stating the parties and counsel would...
Law Practice, Civil Litigation, Appellate Practice
Appellate Adventures, Chapter Eight: “How Do I Turn the Facts into a Story?”
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Law Practice, State Bar & Bar Associations
UC Irvine law: A dream come true
By Andrew J. Guilford
As UCI’s law school celebrates its 10th anniversary, ranked 21st among all the nation’s law schools, reviewing those early com...
Tax, Civil Litigation
Monsanto hit with $289M verdict; taxes could take 90 percent
By Robert W. Wood
Even if Monsanto were to pay the verdict, new tax rules will be as effective as Roundup in swallowing up most of the big verd...
Civil Litigation, Contracts
Drafting contracts that sufficiently define material terms
By Ryan D. Kashfian, Robert A. Kashfian
One of the most important but frequently misunderstood issues in contract drafting is whether the material terms are sufficien...
Family
How to handle restricted stock units with a marriage is ending
By Jeffrey P. Blum
Consider a common dilemma arising in divorce cases, particularly in places like Silicon Valley or Silicon Beach that are laden...
The headline the Daily Journal chose for a recent story feeds into the hysteria being generated and exploited by the Trump adm...