U.S. Supreme Court, Military Law, Government, Civil Rights
A different kind of courage
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
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
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
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
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
Inverse condemnations finds new life after spate of wildfires
By Mark S. Roth
Until recently, inverse condemnation remained a relatively arcane area of California law. The recent wildfires, which spawned ...
Tax
What Everyone Should Know About Stock Options and Restricted Stock
By Robert W. Wood
Employee stock options are a great perk, but they can be complicated. By Robert W. Wood
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
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
Comparing the Senate and House versions of the tax bill
By Phil Jelsma
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
By Gail Podolsky
The warning comes following numerous incidents of celebrities taking to social media to discuss their upcoming investments in ...
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
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
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...
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
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
How Orange County began the end of racially restrictive covenants
By Thomas A. Delaney
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
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
Cert denial in property rights case leaves open a loophole in California
By Jeremy B. Talcott
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
Stipulated judgment for more than settlement amount is invalid
By Steven H. Kruis
Vitatech's holding is a stark reminder that such a provision may be an impermissible penalty that will not be enforced.
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
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
Can a host be liable for serving alcohol in California? A primer.
By Michael E. Rubinstein
A member of your community hosts a celebration at his house, where alcohol is served. Someone consumes alcohol at the event, a...
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?
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?
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
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
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
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
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...