Civil Litigation, California Supreme Court, Appellate Practice
Error in failing to issue statement of decision not reversible per se
By Wendy Lascher
The California Supreme Court was recently asked: "Is a trial court's error in failing to issue a statement of decision upon a ...
Tax, Government, Administrative/Regulatory
IRS is hunting bitcoin via Coinbase, but is amnesty coming?
By Robert W. Wood
Don't get excited or fearful just yet. The IRS has not yet announced a tax amnesty for people who failed to report their gains...
U.S. Supreme Court, Government, Constitutional Law, Administrative/Regulatory
Everything that's not forbidden is allowed
By David DeGroot
In a speech at the Federalist Society's annual dinner on Nov. 16, Justice Neil Gorsuch introduced a term previously unknown to...
Law Practice, Ethics/Professional Responsibility, Administrative/Regulatory
Count 1: Practicing law without a license
By Ralph Barat Saltsman, Stephen Warren Solomon
It took until autumn 2017 for the California attorney general to recognize that only a licensed attorney can lawfully represen...
Civil Litigation, Government, Corporate, 9th U.S. Circuit Court of Appeals
Reach of FCA's 'government-action bar' expanded
By Thomas P. O'Brien, Daniel Prince
The appellate court held that the False Claims Act provision barred an alleged whistleblower's "me too" lawsuit because it was...
Civil Litigation, Law Practice, Alternative Dispute Resolution
The Litactional Lawyer
By Robert S. Mann
What transactional lawyers can teach litigators about settlements.
Law Practice, Law Office Management
Law firm worst-case scenarios for partner departures
By Daniel O'Rielly, Dena Roche
Law firms reacting to partner or group departures should plan ahead to avoid the potential negative effects of partner departu...
Law Practice, Ethics/Professional Responsibility
Tips for avoiding common risks in the holiday season
By Shari L. Klevens, Alanna G. Clair
While the holiday season is of course a time for celebration, it unfortunately can also be a stressful time for attorneys.
Real Estate/Development
Residential Solar Rights
California is a leader in promoting alternative energy sources, including the use of solar power in connection with residences...
Artificial intelligence promises to disrupt everything, and security may be the first sector where AI delivers on this promise.
Year in Review Column, Mergers & Acquisitions, International Law, Government, Corporate, Antitrust & Trade Reg., Administrative/Regulatory
US-China M&A in the protectionist-in-chief era
By Kai Wang
During his presidential campaign, Donald Trump made no secret of his belief China has gotten the better of the United States i...
Year in Review Column, Civil Litigation, Intellectual Property, Corporate
Trade secrets and computer fraud claims persist
By Brent Caslin, Eugene Lim
Headlines across the U.S. regularly reported allegations of theft by tech executives, while computer hacking stories became al...
U.S. Supreme Court, Corporate, Constitutional Law, Civil Rights
Expect justices to overrule double-standard policy
By William J. Becker Jr.
The Supreme Court can be expected to overrule the Colorado Civil Rights Commission's policy favoring sexual orientation over ...
U.S. Supreme Court, Corporate, Constitutional Law, Civil Rights
Cake arguments show that it’s still the Kennedy court
By Erwin Chemerinsky
Ninety minutes of oral argument reaffirmed what everyone thought before the case was argued: It all depends on Justice Anthony...
Labor/Employment, Constitutional Law, California Supreme Court
Court set incredibly easy standard in agricultural labor dispute case
By Damien M. Schiff
The California Supreme Court unanimously upheld the constitutionality of California's "mandatory mediation and conciliation" p...
Securities, Intellectual Property, Corporate
Startup diligence is more than ‘basic IP diligence’
By Desmond P. O'Sullivan
Wise investors closely scrutinize the IP of their targets by doing basic IP diligence. But doing only basic diligence can leav...
Civil Litigation, Letters, California Courts of Appeal, Appellate Practice
Simple remedy left out of column
By Louis A. Lipofsky
Steven Kruis' article bringing to our attention a recent opinion dealing with the enforcement of settlement agreements is help...
U.S. Supreme Court, Real Estate/Development, Government, California Supreme Court, Administrative/Regulatory
State Legislature cannot repeal the laws of supply and demand
By Gideon Kanner
The latest batch of legislation is advertised as a solution to our housing crisis; it imposes new taxes on real estate transac...
U.S. Supreme Court, Constitutional Law, Civil Rights
Cake goes to court
By Julie A. Werner-Simon
As fires consumed the outskirts of the Los Angeles basin fueled by strong Santa Anas, religious fervor heated up Tuesday morni...
Year in Review Column, Civil Litigation, California Supreme Court, Appellate Practice
Anti-SLAPP statute turns 25 with a bang
By Michael J. Shipley
This year saw three decisions by the California Supreme Court regarding the quarter-century-old law.
Like fly fishing, appellate work is best performed in a state of quiet contemplation.
Year in Review Column, Civil Litigation, Law Practice
Litigation finance continued to pick up steam this year
By Brett McDonald
At its current rate of growth, 48 percent of firms in the U.S. could use litigation finance in 2018.
Transportation, Corporate
Will Tesla make the turn towards profitability?
By Jonathan A. Michaels
Last month, Bob Lutz, former vice chairman of General Motors, issued a harsh criticism of Tesla, stating that its fixed costs ...
U.S. Supreme Court, Judges and Judiciary, Constitutional Law, Civil Rights
Fighting housing discrimination in Orange County
By Thomas A. Delaney
In 1962, Dorothy and Lincoln Mulkey were living and working in Santa Ana in pursuit of the American Dream.
His extraordinary legal career and life in the service of others reflected the great courage with which he served as a United ...
Civil Litigation, California Courts of Appeal, Appellate Practice
Retained jurisdiction essential to enforce settlement agreement
By Steven H. Kruis
Seasoned litigators are well aware of the expedited procedures to enforce settlement agreements under Code of Civil Procedure ...
Tax, Government, Corporate
Tax reform in our stockings after Senate bill passage?
By Megan Lisa Jones
The plan is murky, as tax reform often is. Some handwritten comments are illegible. It is progress. Seemingly, soon, we will h...
Law Practice, Ethics/Professional Responsibility
’Tis the season to take a pro bono case
By Hamid Yazdan Panah
The flexibility and independence of solo attorneys means that they are uniquely situated to take on pro bono cases and fill in...
Perfectly acceptable words can become detestable through overuse and misuse. "Incredibly" and "iconic" vie for first place on ...
U.S. Supreme Court, Securities, Civil Litigation, Corporate, Constitutional Law
About-face on SEC in-house judges is startling
By Ronald E. Wood
Trump Justice Department is turning its back on decades of history and process to argue that the Security and Exchange Commiss...