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Law Practice

The many benefits of using engagement letters

Jan. 5, 2018
By Shari L. Klevens, Alanna G. Clair

Simply put, many insurers view engagement letters as an effective tool that firms can use to limit the risk of legal malpracti...


Tax, Law Practice, Government, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals

It sure looked as if contingent fee lawyers in California and the rest of the 9th Circuit were going to be prejudiced by the r...


Tax, Government, Corporate, Administrative/Regulatory

Planning under the new tax law: relax

Jan. 5, 2018
By Bruce Givner, Owen Kaye

It is too soon to make thoughtful decisions. We will have better ideas and more refined analyses in 30, and even 60, days. The...


Civil Litigation, Alternative Dispute Resolution

Mediation and control in a world of uncertainty

Jan. 5, 2018
By Robert S. Mann

Whether it's a new tax bill, an outbreak of the Ebola virus, the threat of Russian expansion into the Baltic States or the re...


Tax, Family

Family law attorneys, accountants and courts will be busy figuring out how to address child and spousal support issues for the...


Law Practice, Books

‘Coming of age at the DMZ’

Jan. 4, 2018
By Daniel Grunfeld

Jack Walker's powerful, insightful and moving "Eye Corps: Coming of Age at the DMZ," details his experiences as a recon patr...


Intellectual Property, Corporate

Careful IP planning is especially important in the life sciences, in which companies often rely on only a handful of patents t...


Labor/Employment, Government, California Supreme Court, Administrative/Regulatory

Promises to keep

Jan. 3, 2018
By Eric Siddall

As California firefighters battle the Santa Barbara blaze, their pension rights are under fire in the courtroom.


U.S. Supreme Court, Judges and Judiciary, Environmental & Energy, Constitutional Law

The little fish that’s killing Manhattan

Jan. 3, 2018
By Gideon Kanner

Conclusion: ideas have consequences, and as this saga illustrates, by and large things are what they appear to be.


Judges and Judiciary, Appellate Practice

When 60 days is too late!

Jan. 2, 2018
By Benjamin G. Shatz

Welcome to Exceptionally Appealing, a new monthly column devoted to exploring exceptions to general rules and procedures in ap...


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

High school journalism has been losing ground since the 1970s due to education budget cuts -- and rulings of the U.S. Supreme ...


Labor/Employment, Corporate, Administrative/Regulatory

Workplace fairness: statutory reform is needed

Jan. 2, 2018
By William M. Crosby

Absent a certain protected activity or status, there is no effective recourse for the abused or harassed employee under state ...


U.S. Supreme Court, Letters, Constitutional Law

A recent article by Professor Aaron Tang, "Hey, Courts: Don't be so quick to ignore political power," unabashedly advocates fo...


Many a bitcoin millionaire may be thinking like their forefathers did holding low basis stock in Microsoft, Intel or Starbucks...


Year in Review Column, State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility, Civil Litigation

In the Matter of Ethics

MCLE
Dec. 29, 2017
By Brian Slome

The State Bar Court Review Department issued a range of attorney discipline opinions this year. As usual, the most common comp...


U.S. Supreme Court, Immigration, Constitutional Law, 9th U.S. Circuit Court of Appeals

Asylum law meets eminent domain

Dec. 28, 2017
By Michael M. Berger

The 9th Circuit just published an opinion that successfully weaves immigration law and eminent domain law into a coherent whole.


Year in Review Column, U.S. Supreme Court, Civil Litigation, Corporate, California Supreme Court, California Courts of Appeal, 9th U.S. Circuit Court of Appeals

States vs US high court in arbitration tug-of-war

Dec. 28, 2017
By E. Martin Estrada, Kuruvilla J. Olasa

There was a continued push-and-pull between the U.S. Supreme Court and state courts over the FAA.


Year in Review Column, Government, Administrative/Regulatory

2017 was a watershed year for cannabis regulation

Dec. 27, 2017
By Joshua Schneiderman

This year we essentially marked the end of 20 years of an unregulated market and unpredictable legal environment for medicinal...


U.S. Supreme Court, Civil Litigation, Intellectual Property

Will inter partes review survive?

Dec. 27, 2017
By Nicholas A. Brown

Over 7,000 inter partes review petitions have been filed since 2012, approximately 1,600 of which are currently pending before...


Administrative/Regulatory

Team Internet has paths forward

Dec. 26, 2017
By Corynne McSherry

The Federal Communications Commission defied the facts, flouted the law, and ignored the will of millions of Americans when it...


Securities, Civil Litigation, Corporate, Administrative/Regulatory

Market efficiency in the world of high-frequency trading

Dec. 26, 2017
By Ex Kano S. Sams II

The recent decisions of several district courts within the 9th Circuit, however, align with the 2nd Circuit's determination th...


Securities, Mergers & Acquisitions, Corporate

New Year's Resolution: Going Public

Dec. 26, 2017
By Sara L. Terheggen

The key to success is approaching the process realistically and having the strategic foresight to be prepared for changes alon...


U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court

Justices should uphold DNA collection law

Dec. 22, 2017
By Jayann Sepich

People v. Buza provides an opportunity to ensure that fewer people in the state are convicted of crimes they did not commit an...


Law Practice, Ethics/Professional Responsibility

Attorneys as defendants in 2017

MCLE
Dec. 22, 2017
By Kenneth C. Feldman, Alex A. Graft

Catch up on this year's legal malpractice developments.


Law Practice, Ethics/Professional Responsibility

Tips on how to obtain ‘informed written consent’

Dec. 22, 2017
By Shari L. Klevens, Alanna G. Clair

The question of what constitutes "informed written consent" can be a complicated one, depending on the circumstances.


Tax, Government, Corporate, Administrative/Regulatory

Attorneys: Get up to speed on Tax Cuts and Jobs Act

Dec. 22, 2017
By Julia Damasco, Jude Damasco, Nicholas Sanchez

Here, we have tried to provide an early and high-level overview of federal income tax issues with which California attorneys s...


Civil Litigation, California Courts of Appeal

A Court of Appeal recently had to wade into and adjudicate what was both a literal and a figurative jurisprudential "water fig...


U.S. Supreme Court, Criminal, Civil Rights

The killing of Daniel Shaver

Dec. 21, 2017
By Melanie P. Ochoa, Adrienna Wong

Two weeks ago, body camera footage of the police killing of Daniel Shaver flooded news outlets across the country, along with ...


Year in Review Column, U.S. Supreme Court, Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals

Courts provide clearer attorney fees rules

Dec. 21, 2017
By Mark C. Goodman, Brandon P. Rainey

We are seeing a current trend in how attorney fees requests are being handled by federal courts, resulting in more defined rul...


Year in Review Column, U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court, California Courts of Appeal, 9th U.S. Circuit Court of Appeals

9th Circuit reversed, again, on habeas review

Dec. 21, 2017
By Lawrence Waddington

The U.S. Supreme Court ended the year with yet another 9th U.S. Circuit Court of Appeals reversal. The high court overturned a...