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Civil Litigation, California Courts of Appeal, Appellate Practice

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

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

Jan. 22, 2018
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 ...


Tax, Criminal

Consider a backdoor route to bitcoin IRS amnesty

Jan. 22, 2018
By Robert W. Wood

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

Jan. 19, 2018
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

Jan. 19, 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

Jan. 19, 2018
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

Jan. 19, 2018
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

Jan. 19, 2018
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

Jan. 19, 2018
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

Jan. 19, 2018
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

An unfortunate trend developing in California is a tendency to mete out justice based on who or what you are, rather than base...


Law Practice

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

Jan. 19, 2018
By Richard A. Nixon

A Jan. 10 article by attorney Tor Ekeland, "Searches, seizures and the Silk Road," advocates for updating the Fourth Amendment...


Tax

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

Jan. 18, 2018
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

Jan. 18, 2018
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

Jan. 18, 2018
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

Jan. 18, 2018
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

Jan. 18, 2018
By Phillip R. Maltin


Labor/Employment, Government, Corporate, Administrative/Regulatory

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

Jan. 17, 2018
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

Jan. 17, 2018
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

Jan. 17, 2018
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

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

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

Jan. 16, 2018
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

Jan. 16, 2018
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

At bottom, a recent decision reminds us that the litigation process is time-consuming, costly, and emotionally exacting. Attor...