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When the facts are ambiguous about whether you have to pay back the money, thinking of it as a loan can seem expedient.


Transportation, Administrative/Regulatory

When considering buying a used aircraft, protecting against expensive mistakes is essential.


Practicing family law is not for the faint hearted

Jun. 14, 2018
By Jeffrey P. Blum

With the marriage deteriorating, Husband tricked Wife into returning to Fiji. He also tore out the page in her passport contai...


U.S. Supreme Court, Civil Litigation

On Monday, the Supreme Court revisited the “American Pipe tolling” rule and, resolving a split among the federal circuits, sai...


Criminal, Constitutional Law, California Supreme Court

A recent ruling by the California Supreme Court shows that defendants arguing error still have a steep uphill appellate climb.


Administrative/Regulatory

More IoT devices means increased risk of cyberattacks

Jun. 13, 2018
By Daniel B. Garrie, Sean McKee

Estimates suggest that by 2020, there could be around 50 billion devices of one type or another connected worldwide.


Civil Litigation, Intellectual Property, Entertainment & Sports

Earlier this year, a judge in New York denied a motion for judgment on the pleadings asking the court to find that the defenda...


Tax

With bitcoin trusts, who pays the taxes?

Jun. 12, 2018
By Robert W. Wood

A key tax question on each transfer is the market value at the time of the transfer. With the wild swings in value that many c...


U.S. Supreme Court, Labor/Employment, Constitutional Law, California Supreme Court

While California farmers are the most recent casualty of state overreach, without the protection of the class-of-one doctrine,...


Civil Litigation, Government, Construction

The lease-leaseback method of project delivery allowed new schools in California to be built without the need for up-front pro...


U.S. Supreme Court, Criminal

Innocent people do confess

Jun. 12, 2018
By Donald H. Heller

The Supreme Court should hear the case of Brendan Dassey, the intellectually disabled youth whose confession was obtained thro...


U.S. Supreme Court, Constitutional Law, Civil Rights

What the court got wrong in Masterpiece Cakeshop

Jun. 12, 2018
By Erwin Chemerinsky

The seemingly narrow ruling is going to make it easier to find that the government is impermissibly discriminating against rel...


Labor/Employment, Government, Civil Rights, Administrative/Regulatory

Bills address #MeToo concerns

Jun. 11, 2018
By Natalie B. Fujikawa, Benjamin M. Ebbink

Several bills wending their way through the California Legislature aim to ramp up sexual harassment training in California wor...


U.S. Supreme Court, Entertainment & Sports, Constitutional Law

Sports betting and the creation of the Constitution

Jun. 11, 2018
By Charles S. Doskow

To fully understand the ruling in Murphy v. NCAA, we must first go back to the Constitutional Convention of 1787.


Family

As the legal field tries to keep pace with medical advancements, complicated and interesting cases arise.


Tax, Real Estate/Development

Could a program included in President Donald Trump’s tax reform bill help fuel development in economically distressed areas of...


Law Practice, Health Care & Hospital Law, Government

How the JD-MD duo is the modern day Batman and Robin.


State Bar & Bar Associations

Like many, I found the 27.3 percent February 2018 bar pass rate distressing — particularly because some of the 2,644 unsuccess...


Law Practice, Ethics/Professional Responsibility

Respond the right way if faced with malpractice claims

Jun. 8, 2018
By Shari L. Klevens, Alanna G. Clair

For attorneys, being sued for legal malpractice can give rise to a host of emotions, ranging from embarrassment to guilt to an...


The inclusion of junior associates in these non-traditional assignments will allow them to acquire a holistic understanding of...


Labor/Employment, Alternative Dispute Resolution

The #MeToo movement and confidential settlements

Jun. 8, 2018
By Patricia K. Gillette

With the advent of the #MeToo movement, however, some people are questioning the ways in which these allegations are addressed.


Transportation, Administrative/Regulatory

Preemption takes off

Jun. 7, 2018
By Kristine Meredith, Mike Danko

Aviation accidents spawn a defense to state law tort claims.


Law Practice

I beg to differ

Jun. 6, 2018
By Frank H. Wu

Please, people, I beg you to stop saying "that begs the question," unless it actually does.


Judges and Judiciary, California Supreme Court, California Courts of Appeal, Appellate Practice

Citing the uncitable

MCLE
Jun. 6, 2018
By Benjamin G. Shatz

Lawyers can’t cite unpublished appellate opinions, except...


U.S. Supreme Court, Criminal, Constitutional Law

The recent case of McCoy v. Louisiana asked the Supreme Court whether an admission of guilt by counsel, made as for tactical r...


Criminal

In my experience, the use of “package deals” is the default position of most county district attorney’s offices in California ...


Native Americans, Administrative/Regulatory

Cannabis regulation and tribal sovereignty: Why not both in California?

Jun. 6, 2018
By Blaine I. Green, Kevin J. Ashe

California’s Bureau of Cannabis Control force upon tribes a Hobson’s choice: waive sovereignty in order to participate in the ...


Civil Litigation, Insurance, California Supreme Court

Broad high court ruling is a win for insureds

Jun. 5, 2018
By Kirk A. Pasich

The state high court issued a decision on Monday that examines what “occurrence” means in a commercial general liability policy.


U.S. Supreme Court, Constitutional Law, Civil Rights

Kennedy cuts a narrow slice of cake

Jun. 5, 2018
By Julie A. Werner-Simon

Just in time for June nuptials, the U.S. Supreme Court on Monday issued the long-awaited decision in Masterpiece Cakeshop.


Government, Constitutional Law

The president’s power to keep Congress at work

Jun. 5, 2018
By John C. Eastman

Nearly a year and a half in to his first term as president, the Senate still has not acted on more than 100 of Donald Trump’s ...