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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...


Letters, State Bar & Bar Associations

How about a qualified license to practice law?

Oct. 4, 2017
By Mitchell Keiter

Applicants scoring at a specified intermediate level should receive a qualified law license to represent underserved clients.


Civil Litigation, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals

Sugar beverage ruling may provide defense in Proposition 65 cases

Oct. 4, 2017
By Steven L. Feldman, Steven L. Crane

The 9th Circuit's ruling in the recent case challenging San Francisco's sugar-sweetened beverages ordinance could provide a de...


Labor/Employment, Government, Administrative/Regulatory

In the final installment of this two-part series, I will discuss several more of the employment-related bills that could soon ...


Government, Criminal, Administrative/Regulatory

SB 345 would require state and local law enforcement agencies to conspicuously post online their current standards, policies,...


U.S. Supreme Court, Judges and Judiciary, Immigration, Government, Constitutional Law, Administrative/Regulatory

Judge's 'heartless' claim is flawed

Oct. 3, 2017
By John C. Eastman

We’ve known for a long time that some members of the judiciary rule from emotion rather than the law, but in most instances, t...


Law Practice, Judges and Judiciary, Appellate Practice

The end (v.1)

Oct. 2, 2017
By Arthur Gilbert

Did you know that some shows film alternate endings, to keep spoilers from getting out? All this electronic filing has me thin...


U.S. Supreme Court, Civil Litigation, Appellate Practice

The First Monday

Oct. 2, 2017
By Blaine H. Evanson, Taylor W. King

Justice Ginsburg’s prediction of a “momentous” term may prove to be quite an understatement.


Civil Litigation, Law Practice, Judges and Judiciary, Appellate Practice

‘Realist’ or ‘formalist’: Part 1

Oct. 2, 2017
By Myron Moskovitz

I’ve long been a fan of Richard Posner, judge (and former chief judge) of the 7th U.S. Circuit Court of Appeals in Chicago. He...


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

Time to overrule Abood

Oct. 2, 2017
By Deborah J. La Fetra

The U.S. Supreme Court described laws that empower unions to coerce funds from non-union members as an “extraordinary state en...