Letters, Criminal
Cambodian ‘criminals’ headline was insensitive
By Kenneth J. Sugarman
I was disappointed to see the group of human beings discussed in this article referred to in the headline as “Cambodian crimin...
U.S. Supreme Court, Constitutional Law, California Courts of Appeal
Retroactive tort liability and the First Amendment
By Deborah J. La Fetra
Why were three companies singled out to pay an enormous “public nuisance” bill? Because in the first half of the 20th century,...
Elizabeth Winthrop’s “The Mercy Seat” gives us a glimpse into the early days of the electric chair.
Litigation & Arbitration, Tax, Civil Litigation
Tax rules for settlements and judgments after tax reform
By Robert W. Wood
Here are a few updated rules lawyers and clients should know about the taxation of settlements.
State Bar & Bar Associations
LSAT versus GRE: A tale of two law school admissions tests
By Michael Lusby
While the LSAT is dominant among law schools, the GRE is gaining ground as a more accessible alternative.
U.S. Supreme Court, Judges and Judiciary, Government
What to expect at confirmation hearings
By Garrett M. Fahy
Judge Kavanaugh left quite a record for senators to sort through to prepare for his confirmation hearings, but there’s a few i...
Labor/Employment, Government
Amendments will help to clarify California’s pay equity laws
By Tara Presnell
Last month, Gov. Jerry Brown signed into law amendments to the new “prior salary history” ban, “pay scale” disclosure requirem...
Securities, Banking, Administrative/Regulatory
Cryptocurrency security-status questions clarified by SEC
By Jolene E. Negre, Michael W. Ross
In a recent speech, William Hinman, director of the Securities and Exchange Commission’s Division of Corporate Finance, began ...
Tax, Government, Corporate
Finally, proposed regulations regarding IRC Section 199A
By Megan Lisa Jones
On Aug. 8, the Internal Revenue Service released long-awaited proposed regulations for the new Internal Revenue Code Section 1...
Tax, Government, Corporate
New transition tax imposed for controlled foreign corporations
By Phil Jelsma
Last month, the Internal Revenue Service issued proposed regulations describing the transition tax for controlled foreign corp...
Courts must confront the issue of personal jurisdiction over plaintiffs in venue-transfer cases rather than avoid it or assume...
Constitutional Law, 9th U.S. Circuit Court of Appeals
Judge O'Scannlain should be overruled again on gun regulations
By Erwin Chemerinsky
Once more, Judge Diarmuid O’Scannlain has written an opinion for the 9th U.S. Circuit Court of Appeals striking down a state l...
Appellate Practice
Effective appellate briefs: the folk wisdom and the reality
By Steven R. Morrison
How accurate is anecdotal wisdom about appellate briefs? I and a colleague tested it empirically and quantitatively. We found ...
Government, Criminal, Civil Rights
Bill could force law enforcement to face #MeToo
By John D. Winer
Legislation pending in California would help force the fraternity of “boys in blue” to confront a history of suppressing and c...
Law Practice, Law Office Management
Collecting legal bills: When is outside professional help needed?
By Frederick Hertz
There are several core categories of expertise where outside professional help can be of benefit.
The words “Iowa” and “explore” are rarely used in the same sentence. But Michael Avenatti, the current public face of the Cali...
This week, the California State Senate will consider revisions to Senate Bill 10 that will eviscerate the right to pretrial re...
Labor/Employment
DOL provides the latest guidance on employee classification
By Elizabeth Arnold, Chester Hanvey
The Wage and Hour Division of the Department of Labor issued its first significant guidance under the current administration r...
On the continuum of life, 100 years is not a terribly large amount of time.
We will never win the war on poverty in America unless we solve the problem of legal aid first.
Civil Litigation, Construction
Elon Musk: Eccentric engineer. Technology billionaire. And now, litigation savant
By Garret D. Murai
Building spaceships isn't the only thing Mr. Musk has a knack for.
U.S. Supreme Court, Judges and Judiciary
This didn’t start with Bork
By James Attridge
Woeful observers will pine for the good old days, lamenting the death of civility, and declaring that the era of judicial conf...
Legislation is working its way through the California Legislature to change that by holding individuals personally accountable...
Probate, Ethics/Professional Responsibility, Contracts
Who retains the privilege when the estate gets a new trustee?
By Mark J. Phillips
A recent case again returned to the complications that arise when a trusteeship changes hands, taking the important attorney-c...
Law Practice, Ethics/Professional Responsibility
Withdrawing from representation the right way
By Shari L. Klevens, Alanna G. Clair
If withdrawal is not done properly, it can make a bad situation even worse and result in a legal malpractice claim or a bar co...
Law Practice
Small firm billing: What changes are needed to improve results?
By Frederick Hertz
The best way to improve your bottom line is to make a list of every component in your fee-generating “vehicle.”
Keith Gessen’s novel “A Terrible Country” paints a modern view of his home country.
Law Practice, Ethics/Professional Responsibility, Civil Litigation, California Supreme Court
State high court soon to decide conflict waivers case
By Stephen L. Raucher
Will the California Supreme Court invalidate broad advance conflict waivers commonly used by large law firms in their engageme...
Civil Litigation, 9th U.S. Circuit Court of Appeals
The real dilemma in Hyundai-Kia
By Andrew J. Trask
In January, the 9th Circuit said certifying of a nationwide settlement class requires an analysis of the relevant laws in all ...
Civil Litigation, Entertainment & Sports
Steve McQueen’s family sues Ferrari over unauthorized use of name
By Delia Ramirez
The children of actor Steve McQueen have fila a lawsuit in Los Angeles County Superior Court against Ferrari for the use of th...