Government, Criminal, Civil Rights
Releasing criminals is not the answer
By Eric Siddall
California needs a comprehensive approach to lowering incarceration rates — a plan that will not only lower incarceration leve...
U.S. Supreme Court, Civil Litigation, Government, Environmental & Energy, Constitutional Law, Appellate Practice
Efforts seek to rein in Chevron deference
By Davina Pujari, Vaneeta Chintamaneni
Law Practice, Judges and Judiciary, State Bar & Bar Associations
The case against a lower bar pass score
By William F. Fahey
In discussing this issue with my colleagues on the bench, I have not heard that there is a shortage of lawyers in our state. N...
Government, Criminal
Whatever it was before, it’s a real investigation now
By Jason A. Forge
If Special Counsel Robert Mueller has opened a grand jury investigation, the witch has fallen from her broom and the dogs are ...
Immigration, Government, Constitutional Law, Civil Rights
Immigration bill isn’t likely to go far
By Gabriel J. Chin
As promised during the campaign, President Donald Trump has backed legislation designed to reduce legal immigration. The RAISE...
Civil Litigation, Construction
Subcontractors and indemnity provisions
By Garret D. Murai
What happens when a subcontractor’s employees are injured on a construction project, sue the general contractor, and the gener...
I was at a dinner party at a friend’s palatial mansion. There on the wall of the living room was Van Gogh’s “Vase with Fifteen...
Civil Litigation, Law Practice, Appellate Practice
Setting up an appeal — in the trial court
By Myron Moskovitz
It’s up to you, the trial attorney, to make sure that your appellate lawyer gets a record that allows him to preserve your vic...
U.S. Supreme Court, Judges and Judiciary
Justice Hugo Black: the closet Klansman
By James Attridge
What FDR didn’t know is that he had appointed a former Klansman who owed his political career to the power of the invisible em...
As complex as our system is, many tax mistakes can be forgiven. Sure, you might still end up with civil penalties, depending o...
Health Care & Hospital Law
Mindfulness: What to Do When the Need for Help Arises
By A. Marco Turk
"Mindfulness" may be a buzzword these days, but it may also light the path to improving professional competence.
Civil Litigation, Government, Corporate
Bills will restrict consumer rights
By Mike Arias, Elise R. Sanguinetti
Under the guise of so-called “tort reform,” congressional shills for corporate America’s abuses have introduced a series of bi...
Civil Litigation, Environmental & Energy, Entertainment & Sports
Snarky ACLU brief is rhetorically misguided
By Robert L. Bastian Jr.
Why is the ACLU even involved in the defamation case against John Oliver, brought after his talk show “Last Week Tonight” did ...
No, that’s not a typo; it’s a word that means “the act or habit of estimating something as worthless.” Reminds me of mediation.
Environmental & Energy, Corporate
Bills leave unresolved cap-and-trade issues
By Joshua A. Bloom, Timothy D. Cremin
The extension of the cap-and-trade program is a major milestone for the state’s greenhouse gas reduction program. However, it ...
Letters, Government, Criminal
Efforts to reform bail system are also premised on distortions
By Marc Debbaudt
What does the Legislature want to do now to increase anarchy in our state? Let everyone out of jail by eliminating the bail sy...
It helps to have a payroll company to ensure that your payroll taxes get pain — that is, until the payroll company itself star...
Administrative/Regulatory
Independent seal causes controversy among beer brewers
By Kathleen Spero
In June, the Brewers Association — a nonprofit trade association representing the craft beer industry — launched a new “Indepe...
Letters, Government, Criminal
Majority broke statutory construction rules in Prop 47 case
By Michael Satris
In her July 24 column, Michele Hanisee, heralded the California Supreme Court’s decision concerning the interplay of Propositi...
Military Law, Government, Constitutional Law, Civil Rights
Trump can’t fire transgender troops
By Maureen Johnson
Refusing to allow transgender people to serve — and indeed, kicking to the ground those who already do — violates the equal pr...
While U.S. VC activity appears to be in the middle of a self-correction period, the German venture market almost doubled in th...
Corporate
10 legal mistakes to avoid in your startup’s early stages
By Katherine Fleming Ashton
In the fast-paced, high stakes startup environment in California, a company’s legal needs may seem a nuisance and not get the ...
Ethics/Professional Responsibility
Warning: Ethical Lapses Will Cost You Money (Special Credit)
A recent decision highlights the need to pay attention to the Rules of Professional Responsibility when handling privileged ma...
Intellectual Property, Corporate
Ensure you’re using the Defend Trade Secrets Act to your advantage
By Cristopher Hohn
Many businesses, especially those in the tech sector, spend a great deal of time and money obtaining patents to protect their ...
Government, Administrative/Regulatory
Catch up with byzantine cannabis regulations
By Robert W. Selna
The state agencies responsible for issuing licenses spent the past several months convening public hearings and accepting writ...
Oftentimes, solo attorneys are faced with a difficult task of practicing law, managing a business, while continually promoting...
Across the United States, millions of people have been incarcerated while awaiting a court date simply because they cannot com...
Letters, Government, Criminal
Distortions about prosecutorial misconduct
By Marc Debbaudt
Defense attorney Michael Ogul recently wrote an opinion piece titled “A clearer prosecutor rule would benefit all.” Here’s my ...
Securities, Mergers & Acquisitions, Corporate
Looming specter: post-closing fraud claims
By Eva Davis, James P. Smith
So-called “reliance disclaimers” and “fraud carve-outs” in private company purchase agreements — designed, respectively, to pr...
Government, Corporate, Administrative/Regulatory
Bill will ease joint employer rules
By Michael J. Lotito, Missy Parry
On July 27, House Republicans unveiled a bill, the Save Local Business Act (H.R. 3441), that would amend two labor and employm...