Civil Litigation, Law Practice, Appellate Practice
Navigating Appeals
By Gary A. Watt
Set sail on a voyage through the California Rules of Court for civil appeals. The booty: MCLE credit.
Mergers & Acquisitions, Corporate
How is the Tax Cuts and Jobs Act affecting M&A?
By Megan Lisa Jones, Alexander M. Lee
When evaluating the act’s impact on mergers and acquisitions, corporate and pass-through entity provision changes must also b...
U.S. Supreme Court, Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals
Justices should take LAX labor case
By Mark S. Ross, John D. Ellis
The Supreme Court should grant certiorari in this case to correct the 9th Circuit’s misapplication of the market participation...
Law Practice, Law Office Management, Ethics/Professional Responsibility
Avoiding the problem of vicarious disqualification
By Linda W. Greenberg
In some cases, an entire law firm can be disqualified if the firm hires an attorney who has acquired, or could possibly have a...
State Bar & Bar Associations, Law Practice
More training needed for conservatorship attorneys
By Thomas F. Coleman
Proposed revisions to the Rules of Court would modify the rules for attorneys in conservatorship proceedings.
Tax
Use it or lose it: the newly doubled estate and gift tax exclusion
By Bruce Givner, Owen Kaye
The possibility of a California estate tax is only one more reason to engage in sophisticated estate tax planning now, while t...
Is it possible through legislation to strengthen the institution of marriage? Legislating to make the law regarding standstill...
Civil Litigation, Education Law, Criminal
Title IX sexual assault cases not conducive to summary judgment
By Carla DiMare
If you are a lawyer taking a Title IX case, even if the facts are clearly in favor of the victim or the suspect, it may be a l...
U.S. Supreme Court, Criminal, Constitutional Law
A duty to de-escalate
By Adrienna Wong
It’s time for a new standard: Police should be legally required to de-escalate or use alternatives to deadly force whenever po...
Intellectual Property, Entertainment & Sports
Blockchain technology is opening up new paths for artists
By Delia Ramirez
Artists are already using the technology to allow consumers to directly purchase and download music.
You might still think that the biggest tax debate about bitcoin and other cryptocurrency is about whether you should or should...
U.S. Supreme Court, Government, Constitutional Law, Civil Rights
Qualified immunity has gone too far
By Robert L. Bastian Jr.
A recent ruling is only the latest accretion in the U.S. Supreme Court’s application of legal doctrine entirely unhinged from ...
Civil Litigation, Administrative/Regulatory
Companies get some relief in automatic dialing system ruling
By Michael L. Mallow, Rachel A. Straus
A recent ruling rolled back the FCC’s broad definition of “automatic dialing system” under the Telephone Consumer Protection Act.
Civil Litigation, Intellectual Property
Guidance is still lacking on software patent eligibility
By Brent Yamashita
Courts are grappling with claims that comprise an innovative method performed within an ordinary computer that does not improv...
Real Estate/Development, Civil Litigation
Courts favor tenants on emotional support animals
By Michael J. Rubino
The number and variety of emotional support animals seem to expand yearly. Also expanding is the amount of litigation involvin...
Labor/Employment, Intellectual Property
Don’t let trade secrets walk out the door with departing employees
By Travis J. Anderson, Paul S. Cowie
There are important steps that can be taken to both mitigate the harm and prevent future problems when an employee with access...
Civil Litigation, Construction, California Courts of Appeal, Appellate Practice
A win for broad indemnity (and defense) provisions
By Garret D. Murai
While parties generally understand the intent behind indemnity provisions, few understand how they are actually applied.
U.S. Supreme Court, Immigration, Constitutional Law
Our Constitution empowers the Supreme Court to yell stop
By Charles A. Bird
The U.S. Supreme Court will first review an act of President Donald Trump’s leadership on April 25 in Trump v. Hawaii.
Health Care & Hospital Law, Government
California needs more proactive leadership on youth mental health
By Patrick H. Gardner, Nisha S. Ajmani
Lawsuits should not be the first recourse to sound mental health policy and effective programs.
Corbin Barthold reviews Steve Pinker’s latest book, “Enlightenment Now: The Case for Reason, Science, Humanism, and Progress.”
Government, Administrative/Regulatory
FDA issues first-of-its-kind recall
By Pooja S. Nair
Last week, the Food and Drug Administration exercised its mandatory recall authority under the Food Safety Modernization Act f...
Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals
Ruling addresses when a third-party acts as ERISA fiduciary
By Robert J. McKennon, Stephanie L. Talavera
The 9th Circuit outlined the role that employers and others play as fiduciaries under ERISA, in order “to ensure that employee...
Civil Litigation, Government, Administrative/Regulatory
Coastal Commission says no to Airbnb ban?
By Jeremy B. Talcott
The commission was so preoccupied with whether or not it could regulate short-term rentals, it didn't stop to think if it should.
Law Practice, Ethics/Professional Responsibility, Civil Litigation
Ethical risks when an attorney takes the stand
By Shari L. Klevens, Alanna G. Clair
An attorney who is called to serve as a witness in an action faces unique risks -- even one who has questioned hundreds of wit...
Family, Alternative Dispute Resolution
The role of the law in divorce mediation
By Franklin R. Garfield
While the parties may decide to resolve one or more issues based on their feelings or notions of fairness or other personal co...
Civil Litigation, Intellectual Property, Entertainment & Sports, California Courts of Appeal
From the Three Stooges to Olivia de Havilland
By Rebecca Tushnet
Fortunately, the Court of Appeal recently rejected the famed actress' right of publicity case, but its own reasoning hardly cl...
Civil Litigation, 9th U.S. Circuit Court of Appeals
Back to basics: establishment claims in false advertising cases
By August T. Horvath
Notwithstanding some unfortunate language in prior cases, there really is not any such burden-shifting doctrine associated wit...
U.S. Supreme Court, Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals
Be cautious in response to service advisor ruling
By Arthur F. Silbergeld
Dealers in California should think twice before assuming the Supreme Court's ruling in the final word.
U.S. Supreme Court, Immigration, Government, Constitutional Law
Immigration dispute is a political question not for the courts
By Kris Whitten
In the long run, only Congress and the president can resolve the underlying issue: the extent to which the United States will ...
Tax, Corporate, Administrative/Regulatory
What can you do if your suspended corporation receives a check?
By Michael J. Petersen
A corporation may pay a penalty and receive forgiveness for entering into contracts that otherwise would be voidable -- but it...