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U.S. Supreme Court, Military Law, Government, Civil Rights

A different kind of courage

Nov. 21, 2017
By Paul T. Minerich

In the early 1980s, I had the honor of representing a group of 11 Japanese-American World War II soldiers. Each soldier had co...


Transportation, Administrative/Regulatory

Your car knows if you’ve been bad or good

Nov. 21, 2017
By Anita Taff-Rice

Thank goodness there's still a place where a person can take escape from having her every move tracked and recorded -- the aut...


Civil Litigation, Law Practice, Judges and Judiciary, California Courts of Appeal, Appellate Practice

Courts’ calculation of attorney fees

MCLE
Nov. 20, 2017
By Matthew Ross

The objective of this article and self-study test is to familiarize bench officers and attorneys on how courts determine the a...


Trump protestor trials to begin

Nov. 20, 2017
By Scott Michelman

A trial that opens Monday in the nation's capital has major constitutional implications: the Trump administration's felony pro...


Civil Litigation, California Courts of Appeal, Appellate Practice

Sometimes, an appellate court does find facts

Nov. 20, 2017
By Myron Moskovitz

Because appellate courts don't get to watch live witnesses testify, they never engage in fact-finding. "Never"? Well, hardly e...


Civil Litigation, Constitutional Law

Until recently, inverse condemnation remained a relatively arcane area of California law. The recent wildfires, which spawned ...


Employee stock options are a great perk, but they can be complicated. By Robert W. Wood


Administrative/Regulatory

Turning legal pot into legit business

Nov. 17, 2017
By Neama Rahmani

California is likely to become the primary testing ground for legal cannabis, and I don't think the state has any idea what it...


Law Practice

Worst case scenarios when you decide to leave your firm

Nov. 17, 2017
By Daniel O'Rielly, Dena Roche

It's wise to consider some of the potential worst-case scenarios that could arise in the process of departing your firm. Start...


Tax, Government

The House passed its version on Thursday and the Senate is marking up or amending its version, which is expected to pass Friday.


Securities, Corporate

SEC warns about promoting initial coin offerings

Nov. 16, 2017
By Gail Podolsky

The warning comes following numerous incidents of celebrities taking to social media to discuss their upcoming investments in ...


Tax

Do cryptocurrency exchanges qualify for tax relief?

Nov. 16, 2017
By Robert W. Wood

Since the IRS says cryptocurrency is property not currency, swaps should qualify as a "like-kind exchange," right?


Family, California Courts of Appeal, Appellate Practice

Appellate ruling gives custody dispute guidance

Nov. 16, 2017
By Claudia Ribet

The decision provides guidance concerning whether written, as opposed to oral, statements of decision are required in bench tr...


Environmental & Energy, Administrative/Regulatory

Congress mulls new Clean Air Act racecar rules

Nov. 16, 2017
By Robert Freund, Daniell Newman

Earlier this year, U.S. Sen. Richard Burr, R-N.C., introduced Senate Bill 203, titled the Recognizing the Protection of Motors...


Judges and Judiciary, Government

The role of the blue slip

Nov. 16, 2017
By Milan D. Smith Jr.

Since the current focus in Washington is on the nomination of Neil Gorsuch to the U.S. Supreme Court, it is easy to overlook t...


Immigration, Government, Administrative/Regulatory

Policy affect on H-1Bs is unclear

Nov. 15, 2017
By Kathleen Spero

Data indicates a 45 percent increase in request for evidence between Jan. 1 and Aug. 31, compared with the same period last ye...


Civil Litigation, Judges and Judiciary, Civil Rights

Doss v. Bernal was filed in 1943. The plaintiffs alleged that permitting Mexicans to live in the neighborhood would cause them...


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

There’s much more at stake than cake

Nov. 14, 2017
By Erwin Chemerinsky

The issue in Masterpiece Cakeshop is whether our society will continue to enforce anti-discrimination law over a claimed right...


U.S. Supreme Court, Civil Litigation, Government, Constitutional Law, California Supreme Court, California Courts of Appeal, Appellate Practice

It was a disappointing denial for property rights advocates because it leaves open a loophole that California governments use ...


Civil Litigation, California Courts of Appeal

Vitatech's holding is a stark reminder that such a provision may be an impermissible penalty that will not be enforced.


Government, Criminal, Civil Rights

A bail reform time warp

Nov. 13, 2017
By Eric Siddall

Bail reform advocates are in a time warp. Their portrayals of the criminal justice system resemble Charles Dickens's England m...


U.S. Supreme Court, Civil Litigation, Appellate Practice

First high court ruling considers appeals deadlines

Nov. 13, 2017
By Alana H. Rotter

What happens when the district court attempts to grant an extension beyond the 30-day limit? The U.S. Supreme Court recently s...


Civil Litigation

A member of your community hosts a celebration at his house, where alcohol is served. Someone consumes alcohol at the event, a...


Tax

Paradise Papers, tax havens and disclosure

Nov. 13, 2017
By Robert W. Wood

It will hardly be paradise to those whose names and details are being teased out of the morass. The leak contains a massive 13...


Civil Litigation, Labor/Employment, Corporate, Administrative/Regulatory

Did DNAinfo/Gothamist shutdown require WARNing?

Nov. 13, 2017
By David T. Van Pelt

The decision by billionaire tech mogul Joe Ricketts to shut down the news sites, which operated the popular LAist and SFist si...


Civil Litigation, Alternative Dispute Resolution

Why compromise?

Nov. 13, 2017
By Joan B. Kessler, Sarah J. Holley

When disputes arise, particularly those with significant emotional issues, parties may want to be vindicated and teach the oth...


Civil Litigation, Letters, Civil Rights

Outlaw all confidential settlement agreements

Nov. 13, 2017
By Robin Yeamans

Thanks for the Nov. 3 guest column titled "Secrets protect the powerful." All confidential settlement agreements should be out...


Military Law, Government, Civil Rights, Administrative/Regulatory

New law is tough on homeless veterans

Nov. 10, 2017
By Jesse Creed, Melissa Tyner

The Veterans Appeals Improvement and Modernization Act of 2017 raises serious due process issues and procedural barriers acut...


U.S. Supreme Court, Government

James A. Garfield, Esq: Right Off the Bat

Nov. 10, 2017
By James Attridge

No rookie ever had a debut as impressive as our 20th president, James A. Garfield, who made his very first legal appearance at...


Ethics/Professional Responsibility

Understanding what constitutes legal malpractice

Nov. 10, 2017
By Shari L. Klevens, Alanna G. Clair

The risk of a legal malpractice claim may seem like an inescapable reality of practicing law. After all, attorneys are human a...