Civil Litigation, California Courts of Appeal, Appellate Practice
Pursuing frivolous anti-SLAPP appeals is a dangerous game
By Kelly Woodruff
Lawyers who try to game the system by appealing a frivolous anti-SLAPP motion may succeed in causing their opponent undue cost...
Civil Litigation, Law Practice, Appellate Practice
Appellate Adventures, Chapter One: “The Odds of Winning”
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Tax, Corporate
‘To C or not to C?’ is the question under new tax law
By Bruce Givner, Owen Kaye
The most striking aspect of the new tax law is the corporate tax rate reduction to 21 percent. What does this mean for us and ...
Amnesty seems overdue. Even government officials have mentioned the idea of an IRS tax amnesty. There’s a good deal of tax cle...
U.S. Supreme Court, Immigration, Government, Constitutional Law, 9th U.S. Circuit Court of Appeals
DACA decision won’t hold up
By Mitchell Keiter
Unfortunately, cynics who insist judges are just political actors with robes now have their "exhibit A": Judge William Alsup's...
Civil Litigation, Labor/Employment, Government, Administrative/Regulatory
PAGA priorities should become clearer in 2018
By Jeffrey C. Bils
California is setting priorities for its role in monitoring the resolution of claims under the 14-year-old Private Attorneys G...
The current investigation by the Los Angeles County district attorney into Sheriff's Department files on officers with a recor...
Civil Litigation, Law Practice, Ethics/Professional Responsibility, State Bar & Bar Associations, Alternative Dispute Resolution
Mediation confidentiality changes on the horizon
By A. Marco Turk
A new day could be dawning in California for mediation confidentiality. The state's Law Revision Commission, after express aut...
Military Law, Government, Criminal
Command influence tainted Bergdahl case
By William W. Bruzzo
Is a man who did not bother to learn the facts of the case, and who deferred the draft five times and never served, in a posit...
Civil Litigation, International Law
Best practices for early patent damages contentions in ND Cal
By Jed Greene, Scott Spertzel
The Northern District of California revised its local patent rules last year, requiring the patent holder to provide early dam...
Law Practice, Ethics/Professional Responsibility
Lawyers shouldn’t let themselves drown in emails
By Shari L. Klevens, Alanna G. Clair
While email is often used to send important information and documents, it is by no means a foolproof method of communication f...
Law Practice, Law Office Management
Resolution: Dust off the partnership agreement
By Daniel O'Rielly, Dena Roche
Since it's the new year, it's a good time to tackle those things you been meaning to do, but never do. Clean the closets. Exer...
Real Estate/Development, Civil Litigation, Construction
Developers in California face omnipresent threat of litigation
By Richard A. Schulman
An unfortunate trend developing in California is a tendency to mete out justice based on who or what you are, rather than base...
We all have many benefits by living in this great country, but as citizens we also have some obligations. One is for each of u...
U.S. Supreme Court, Letters, Criminal, Constitutional Law
Silk Road column has fatal flaw
By Richard A. Nixon
A Jan. 10 article by attorney Tor Ekeland, "Searches, seizures and the Silk Road," advocates for updating the Fourth Amendment...
Whenever you disagree with the IRS, procedure is important. Pay attention to the order in which notices arrive, and to the spe...
U.S. Supreme Court, Civil Litigation, Labor/Employment, Administrative/Regulatory
Justices weigh overtime rules
By Christian J. Scali, Jennifer Woo Burns
On Wednesday, the nation's highest court heard oral argument in a case which may send a broader signal as to whether the Trump...
Government, Environmental & Energy, Administrative/Regulatory
Environmental court battles take a backseat
By R. Morgan Gilhuly, David M. Metres
There was no shortage of litigation, but it was climate change and policy shifts and climate change that made the biggest impact.
U.S. Supreme Court, Constitutional Law, Administrative/Regulatory
Pregnancy clinic case should be easy decision
By Erwin Chemerinsky
In a term filled with difficult cases, National Institute of Family and Life Advocates v. Bacerra should be easy for the U.S. ...
Labor/Employment, Government, California Supreme Court, California Courts of Appeal
Nothing less than the future of public pensions at stake
By Jorge J. Luna, Joshua E. Morrison
In order to save California's public pension systems, the California Supreme Court may ultimately need to allow lower courts t...
Civil Litigation, Labor/Employment, Entertainment & Sports
#MeToo and liability under the Talent Agencies Act
By Phillip R. Maltin
Labor/Employment, Government, Corporate, Administrative/Regulatory
New laws compound California’s bad-for-business reputation
By Tamara M. Kurtzman
The message is clear: California is closed for business. Nowhere is this message better illustrated than in the new labor laws...
Immigration, Government, Administrative/Regulatory
Discriminatory immigration policy, past and present
By Kevin R. Johnson
Trump's words and deeds make it crystal clear that he thinks about immigration in racial terms.
Government, Environmental & Energy, Administrative/Regulatory
Shift in offshore drilling policy is a step back
By A. Barry Cappello
I've seen firsthand the devastation of an offshore oil spill. As a young lawyer for the city of Santa Barbara in 1969.
Year in Review Column, U.S. Supreme Court, Environmental & Energy, California Supreme Court, Administrative/Regulatory
Cases provide insight into shifting environmental policy
By Davina Pujari, Sean G. Herman
With the appointments of Scott Pruitt (administrator of the Environmental Protection Agency), Ryan Zinke (secretary of the Int...
U.S. Supreme Court, Civil Litigation, International Law, Intellectual Property, Corporate
Justices to consider lost profits, extraterritoriality
By Ben M. Davidson
The U.S. Supreme Court will review whether lost profits can be awarded in patent cases based on use of patented systems occurr...
Civil Litigation, California Supreme Court, Appellate Practice
Product liability decision hits hard, but may not reach far
By Don Willenburg
Just before Christmas, the California Supreme Court ruled that a product manufacturer can be liable for harms caused by a prod...
U.S. Supreme Court, Immigration, Government, Constitutional Law, 9th U.S. Circuit Court of Appeals
Sanctuary city battle is heating up
By Charles S. Doskow
The financial stakes involved in the suit demonstrate the magnitude of the contest, and the deliberately coercive nature of th...
Criminal, Constitutional Law, Civil Rights
Data due process and no-money bail systems
By Jeffrey J. Clayton
In just the past six months, scholars have begun to question the fairness and transparency of the algorithms used by risk asse...
Civil Litigation, Law Practice, California Courts of Appeal, Alternative Dispute Resolution, Civil Litigation, Law Practice, California Courts of Appeal, Alternative Dispute Resolution
An object lesson in why negotiated resolutions are better
By Michael H. Leb
At bottom, a recent decision reminds us that the litigation process is time-consuming, costly, and emotionally exacting. Attor...