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Law Practice, Judges and Judiciary, Appellate Practice

Legalish: let us abolish it when we can

Oct. 11, 2017
By Curtis E.A. Karnow

You know these words, phrases and constructions that would never be found in writing outside the law. They're used to make thi...


Government, Criminal, Administrative/Regulatory

Expand and enforce state gun laws

Oct. 11, 2017
By Eric Siddall

As high as the current gun-related crime rates are today, they were significantly worse before California passed strict gun la...


U.S. Supreme Court, Immigration, Constitutional Law

The U.S. Supreme Court started its 2017 term last week and quickly waded into the hot-button issue of immigration. The case at...


Labor/Employment, Immigration, Government, Administrative/Regulatory

This bill, signed Oct. 4, added Government Code Section 7285.1 to prohibit an employer (or a person acting on the employer's b...


Tax, Government, Administrative/Regulatory

In late September, we saw the issuance of the proposed framework for tax reform and the release of the IRS Tax Exempt and Gove...


U.S. Supreme Court, Labor/Employment, Corporate, Constitutional Law

Agency shop déjà vu, again

Oct. 10, 2017
By Arthur A. Hartinger

With the appointment of Justice Neil Gorsuch, the stage is now set for Abood to be successfully challenged, and for agency sho...


Civil Litigation, Construction, California Courts of Appeal

The original intent of the Privette doctrine

Oct. 10, 2017
By Garret D. Murai

Lawyers are fond of their doctrines. Wikipedia lists 265 pages of legal doctrines. And that doesn't include exceptions to thos...


Transportation, Corporate, Administrative/Regulatory

Our auto recall system is seriously broken

Oct. 10, 2017
By Jonathan A. Michaels

Last week, Nissan added its name to a long list of automotive manufacturers who have been ensnared in public controversy over ...


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

Gov. Jerry Brown recently signed Senate Bill 306, which takes effect on Jan. 1, 2018. This bill amended an existing Labor Code...


Law Practice, Judges and Judiciary, Civil Litigation

California judges presiding over civil trials often restrict jury selection in contravention of the law pertaining to this cri...


Labor/Employment, Insurance, California Supreme Court, 9th U.S. Circuit Court of Appeals

An agent of the insurer

Oct. 9, 2017
By Robert J. McKennon, Stephanie L. Talavera

In a recent ruling, the 9th Circuit created a rule of federal common law in ERISA cases that follows California's employee-fri...


Letters, Judges and Judiciary

LASC is innovating in the face of budget cuts

Oct. 9, 2017
By Daniel J. Buckley

On Oct. 2, the Daily Journal ran a "Perspectives" piece titled, "Judging is hard (even for the temporary kind)," authored by a...


Civil Litigation, Law Practice, Judges and Judiciary

This program helps connect young lawyers yearning to learn with experienced trial attorneys who are willing to share.


Tax, Criminal

Tax tips from prison: Don’t lie to IRS

Oct. 9, 2017
By Robert W. Wood

Consider the recent case of a Catholic priest for the Roman Catholic Diocese of San Jose. He was sentenced to 36 months in pri...


Securities, Government, Administrative/Regulatory

SEC goes after its first initial coin offering

Oct. 6, 2017
By David W. Adams, Edmund J. Zaharewicz

On Sept. 29, the SEC issued its first civil complaint against two companies and their founder for violating anti-fraud and re...


U.S. Supreme Court, Civil Litigation, Labor/Employment, Corporate

Yellow dog contracts, ‘jiggery-pokery’ and the FAA

Oct. 6, 2017
By Linda S. Klibanow

As Justice Breyer intimated, a Supreme Court decision allowing employer prohibitions on employee class actions would "overturn...


Civil Litigation, California Courts of Appeal, Appellate Practice, 9th U.S. Circuit Court of Appeals

Abraham Lincoln advised attorneys: "Discourage litigation. Persuade your neighbors to compromise whenever you can." Over a cen...


Civil Litigation, Judges and Judiciary

Senate Bill 33 amends Code of Civil Procedure Section 1281.2 to provide an additional instance when a court can make a determi...


Civil Litigation, Law Practice, Corporate

One-stop shop for business and commercial litigation

Oct. 6, 2017
By Brad D. Brian, James C. Rutten

Wouldn't it be nice to have everything one needs to know collected in one place? Enter "Business and Commercial Litigation in...


Civil Litigation, Law Practice, Alternative Dispute Resolution

Three tips for attorneys acting as neutrals

Oct. 6, 2017
By J. Randolph Evans, Shari L. Klevens

Increased competition and sluggish demand for legal services has meant that attorneys and law firms are exploring different wa...


Constitutional Law

Condition precedent: the decision to act

Oct. 5, 2017
By William Slomanson

Assuming the pen is mightier than the sword, it is my hope that others will respond by doing something to ameliorate the pain ...


Probate

Notice of proposed action can protect trustees

Oct. 5, 2017
By Megan Lisa Jones

Families will always fight, and many of these disputes arise over money. This threat only increases with death, when the origi...


U.S. Supreme Court, Government, Entertainment & Sports, Constitutional Law

Working with free speech

Oct. 5, 2017
By Jean-Paul Jassy

Sometimes a free speech issue is just a speech issue, and not a First Amendment issue. Other times, free speech issues harbor ...


Law Practice, Insurance, Ethics/Professional Responsibility

The role of attorneys when disasters strike

Oct. 5, 2017
By Richard A. Hamar

Nine days after Hurricane Irma directly struck the Keys, I was witnessing what would be its worst of many days to come. Homes ...


Transportation, Government, Administrative/Regulatory

A federal judge recently held that portions of the city of Newton, Massachusetts's ordinance attempting to regulate unmanned a...


Civil Litigation, Law Practice

It’s no accident that the leading advocates of increasing barriers to litigation are representatives of industries whose busin...


Civil Litigation, Corporate, Contracts

Drafting mandatory forum selection clauses

Oct. 4, 2017
By Theresa M. Troupson

Contracting parties might agree to a forum selection clause for any number of reasons: to ensure favorable legal precedent, to...


Civil Litigation, California Supreme Court, California Courts of Appeal, Appellate Practice

Can an expert rely on hearsay case-specific facts for purposes of reaching an opinion as long as the expert does not relate th...


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

Patent venue after TC Heartland

Oct. 4, 2017
By Elise Edlin

While some courts held that physical presence in the district is not required, others determined that it is. The Federal Circu...


U.S. Supreme Court, Civil Litigation, Labor/Employment, Corporate, 9th U.S. Circuit Court of Appeals

Arguments note benefits of bilateral arbitration

Oct. 4, 2017
By Wendy Mcguire Coats, Megan E. Walker

At oral argument on Monday, counsel for the respondent employees confirmed that if the U.S. Supreme Court affirmed the cases b...