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Appellate Practice

Statement of facts: Part II

May 1, 2017
By Myron Moskovitz

Well-stated facts in appeals sway appellate judges more effectively than skillfully argued arguments.


23andMe green light is a shift for FDA

May 1, 2017
By James R. Ravitz, Paul Gadiock

The April authorization for the genetic health test represents a dramatic change in FDA's longstanding policy on consumer-orie...


Judges and Judiciary

Pardon the interruption

Apr. 30, 2017
By Arthur Gilbert

I read recently that conservative justices interrupt liberal justices at higher rates than vice verse — and, in another shocke...


Judicial Profile

Gerald Johnston

Apr. 30, 2017
By Arin Mikailian

Santa Ana Judge Gerald Johnston enjoys the intellectual and interpersonal challenges of probate.


Law Practice

Why was I awarded nothing in mandatory fee arbitration?

Apr. 28, 2017
By Jonathan A. Goldstein

Why did I lose when I did the work? This is the question most attorneys ask when they participate in fee arbitration with a fo...


Labor/Employment

California employers need to be aware that recent and future minimum wage increases affect designations of exempt employees.


Civil Litigation

Legislature considering asbestos bills

Apr. 28, 2017
By Margaret I. Johnson

Two bills that were recently introduced in the California Legislature's February session that impact asbestos litigation: Sena...


Judges and Judiciary

A conversation with the chief justice of Bhutan

Apr. 28, 2017
By Julie L. Kessler

I recently found myself in the landlocked Himalayan nation of Bhutan. Sandwiched between China and India, Bhutan is small -- j...


Law Practice, Labor/Employment

Coming soon: summer associates

Apr. 28, 2017
By John C. Kloosterman

Summertime romances are great, just not with the summer associates, and other rules to keep in mind as law students flood law ...


Law Practice, Ethics/Professional Responsibility

Breach of fiduciary duty vs professional negligence

MCLE
Apr. 28, 2017
By Kenneth C. Feldman, David D. Samani

Armed with a recent appellate decision, trial courts should readily sustain demurrers where such causes of action are nothing ...


U.S. Supreme Court, Native Americans

Tribal sovereignty at the high court

Apr. 28, 2017
By Jeremy K. Robinson

A recent Supreme Court ruling is an important decision and could expose tribes to new liability in state and federal courts.


Civil Rights

25 years after the LA riots

Apr. 28, 2017
By Angela M. Powell

It was April 29, 1992, and Los Angeles was on fire. The spark? A not-guilty verdict for the four Los Angeles Police Department...


Ethics/Professional Responsibility

Conflict of interest: current clients (Rule 1.7)

Apr. 28, 2017
By David M. Majchrzak

If adopted, Rule 1.7 will be a remarkable response to the Supreme Court's letter rejecting the previous package of proposed ru...


Environmental & Energy, Administrative/Regulatory

Bill addresses private Proposition 65 enforcement

Apr. 28, 2017
By Daniel J. Herling

Assembly Bill 1583 provides an effective enforcement mechanism for the California Safe Drinking Water Toxic Enforcement Act, a...


Securities, Corporate

Guidance on grants of equity to directors

Apr. 28, 2017
By Marc Boiron

In a recent decision the Delaware Court of Chancery provided guidance on grants of equity awards to directors. ...


Constitutional Law

Order is lawful use of spending clause

Apr. 28, 2017
By Kris Whitten

At the hearing held before U.S. District Judge William H. Orrick in San Francisco on April 14, the lawyer defending Trump's or...


Immigration, Criminal

It was only a matter of time before the escalating feud between California and President Donald J. Trump has finally arrived o...


Law Practice, Judges and Judiciary, Civil Litigation

The Special Verdict Paradox: Part I

Apr. 28, 2017
By Michael J. Raphael

If a jury finds that a civil plaintiff has proven each element of its claim, does it necessarily follow that the plaintiff has...


Law Practice

Order stay was an easy call

Apr. 28, 2017
By Kevin R. Johnson

It was a relatively easy case for Judge William H. Orrick given the Trump administration's failure to carefully draft a detail...


Civil Litigation, Labor/Employment

While initially it may seem enticing to attempt to pick-off the PAGA representative, it likely would only increase the employe...


Law Practice

Have a plan, but be ready to improvise

Apr. 27, 2017
By Hamid Yazdan Panah

Adopting a mentality focused on planning but capable of improvisation is essential to solo success, particularly in a rapidly ...


Civil Litigation, Ethics/Professional Responsibility

Lawyer as witness (Rule 3.7)

Apr. 27, 2017
By Raymond Y. Ryan

New proposed Rule 3.7 broadens the existing rule to render it unethical for an advocating lawyer to testify in the same bench ...


Law Practice, Ethics/Professional Responsibility

Under Proposed Rule 1.2.1, the lawyer's role in advising clients who intend to take their own unlawful actions is broadened.


Civil Litigation, Ethics/Professional Responsibility

Limiting liability to client (Rule 1.8.8)

Apr. 27, 2017
By Jason E. Fellner, Caitlin T. DiMaggio

Proposed Rule 1.8.8 clarifies requirements to settle a malpractice claim with a current or former client, and keeps a complete...


Civil Litigation, Labor/Employment

Think about WARN exceptions before facing closure

Apr. 27, 2017
By David T. Van Pelt

A recent Supreme Court decision reinforces a looming specter that employers often fail to focus on when facing imminent closur...


Intellectual Property

One year on: the federal Defend Trade Secrets Act

Apr. 27, 2017
By Matthew M. Werdegar, Warren A. Braunig

As the DTSA celebrates its first birthday, answers to lurking questions about jurisdiction and ex parte seizures begin to emer...


U.S. Supreme Court, Labor/Employment

Earlier this month the U.S. Supreme Court ruled that Courts of Appeals should largely defer to lower courts' decisions when po...


Judicial Profile

Mark S. Arnold

Apr. 27, 2017
By Arin Mikailian

Judge Mark Arnold brings experience as a sheriff's deputy and DA to LA County bench.


Judges and Judiciary

Reassessing Gorsuch's civil rights record

Apr. 26, 2017
By Scott J. Street

The view of Justice Neil Gorsuch as "anti-civil rights" is flawed. The truth is more complicated.


Constitutional Law, California Supreme Court

Can private property be protected against the sea?

Apr. 26, 2017
By Michael M. Berger

The California Supreme Court is about to hear argument in a case that will determine whether coastal property owners can prote...