Family, California Courts of Appeal
Why attorneys like to stay away from premarital agreements
By Jeffrey P. Blum
Attorneys who avoid getting involved in premarital agreements found another reason for doing so, thanks to a recent appellate ...
Tax, Corporate
New tax law is driving a new debate about corporate form selection
By Robert W. Wood
Whether you agree with President Donald Trump that the recently passed tax act is the biggest tax cut in history, the new law ...
Judges and Judiciary, Ethics/Professional Responsibility, State Bar & Bar Associations
Ethical considerations for candidates for judicial office
By Gus Gomez
The California primary election takes place on June 5. The state’s general election follows on Nov. 6. This includes the elect...
Judges and Judiciary, International Law
Sitting with Sri Lankan Supreme Court Justice Shiranee Tilakawardane
By Julie L. Kessler
Hers has been a lifetime of firsts.
Law Practice, Law Office Management, Ethics/Professional Responsibility
Protecting client info in the age of law firm breaches
By Shari L. Klevens, Alanna G. Clair
This obligation has taken on new importance in recent years, as law firms find themselves targeted by hackers who realize that...
Tax, Civil Litigation
New tax law’s plaintiff tax: No deduction for legal fees
By Robert W. Wood
Many plaintiffs will face higher taxes on their lawsuit settlements under the recently passed tax reform law.
Letters, Judges and Judiciary, Government
Over-exclusion of disabled candidates at the starting gates is unacceptable
By David D. Marsh
Veterans and especially the disabled have largely been left behind in California judicial appointments.
Civil Litigation, California Supreme Court, California Courts of Appeal
Can you ascertain that class?
By Terence N. Hawley, Joshua D. Anderson
California appellate courts have issued conflicting opinions on what ascertainability means.
U.S. Supreme Court, Bankruptcy, Banking
Ruling clarifies avoidance powers of bankruptcy trustees
By Neal S. Salisian, Stephanie Chau
In a unanimous decision, the U.S. Supreme Court has added considerable clarity surrounding the avoidance powers of bankruptcy ...
Civil Litigation, Intellectual Property, Entertainment & Sports
Can celebrities post photos of themselves to Instagram?
By Delia Ramirez
A new trend is underway where media sources are threatening and suing celebrities for copyright infringement, and demanding m...
Administrative/Regulatory
Expect wave of cannabis false advertising, unfair competition claims
By Ian A. Stewart
Though premised on violation of the state cannabis regulations, these claims will be actionable under state consumer protectio...
Letters, Judges and Judiciary, Government
Brown, Groban should be commended
By Darrell P. White
The Brown administration has appointed Hispanic jurists at nearly double the rate they found upon taking office in 2011.
U.S. Supreme Court, Judges and Judiciary, International Law
Are US courts bound to defer to foreign governments?
By Christopher A. Whytock
The Supreme Court is weighing whether the process of determining foreign law should be different when the information given to...
Letters, Judges and Judiciary, Government
Bench diversity stats mislead on disabled numbers
By Peter A. Lynch
Only two persons with disability were appointed to the bench in 2017 in the entire state of California. From 2011 to 2017, onl...
U.S. Supreme Court, Immigration, Government
Trump can’t just overturn half a century of policy with order
By Daniel E. Jackson
More than 50 years ago, Congress firmly rejected the notion that putting America “first” means excluding “persons of different...
U.S. Supreme Court, Civil Litigation, Intellectual Property, Government
State universities and the shifting sands of sovereign immunity at the PTAB
By Ewa M. Davison Ph.D.
The advent of inter partes review has revived excitement about sovereign immunity, an area of law that previously appeared lar...
U.S. Supreme Court, Immigration, Constitutional Law, 9th U.S. Circuit Court of Appeals
Supreme Court vs the Wild West
By John C. Eastman
Not since the epic battle between the 9th Circuit and the U.S. Supreme Court over the execution of Robert Alton Harris a quart...
Hoping someone else might take the laboring oar and benefit you is a tremendous longshot. If you're a loser, own it: Act like ...
U.S. Supreme Court, Environmental & Energy, Constitutional Law, California Supreme Court, California Courts of Appeal
Billionaire vs surfers case may go to high court
By Bryan W. Wenter
Silicon Valley entrepreneur Vinod Khosla is taking his fight all the way to the Supreme Court.
Government, Environmental & Energy, Administrative/Regulatory
Environmental review can be separated from project approval
By Jana Mickova Will
A recurring issue in land use litigation is an argument advanced by project opponents that environmental review under the Cali...
Letters, Judges and Judiciary, Government
Bench diversity article only gave a partial picture
By Evan Westrup
Unfortunately, readers were given a partial, distorted snapshot of the unprecedented progress being made to diversify the benc...
Letters, Judges and Judiciary, Government
Brown made progress, but there's still work to do
By Charles H. Jung
The numbers show that this governor has made significant progress. But while well represented in the California Supreme Court,...
U.S. Supreme Court, Labor/Employment, Civil Rights
Federal law needs to catch up on sexual orientation discrimination
By Ann Fromholz
Last week, the 2nd Circuit joined the 7th Circuit in ruling that Title VII prohibits discrimination based on sexual orientation.
Civil Litigation, Intellectual Property, Government
Paved with good intentions: a flawed copyright small claims court
By Ben Depoorter
For too many copyright stakeholders, litigation in federal courts is prohibitively expensive; especially in relation to the mo...
Civil Litigation, Intellectual Property
Shifting approach to fair use of user-generated content
By Joe Moschella
It used to be the case that user-generated content was seen as free for the taking.
Civil Litigation, Law Practice, Appellate Practice
Appellate Adventures, Chapter Three: “Let’s Appeal! Now What?”
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Law Practice, Judges and Judiciary, State Bar & Bar Associations
Not my vote
By Arthur Gilbert
For now, unless I have reason not to do so, all incumbent judges have my vote.
Civil Litigation, Insurance, California Courts of Appeal
Bad faith liability for insurers arises before the duty to defend
By Michael S. Gehrt
A recent decision provides insureds with both legal support and a roadmap for holding insurers accountable for bad faith claim...
This axiom is on full display in one of the most interesting family law cases decided in 2017.
U.S. Supreme Court, Corporate, Antitrust & Trade Reg., Administrative/Regulatory
Sorry, we don’t take American Express
By Jeremy K. Robinson
The U.S. Supreme Courts is poised to answer a key antitrust issue in a case against American Express.