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Judicial Profile

Cindy Davis

Mar. 26, 2017
By Arin Mikailian

San Diego County Judge Cindy Davis wins praise for her handling of family law disputes.


Family

While national attention is focused on the hearings examining Supreme Court nominee Neil Gorsuch, average folks are actually m...


Environmental & Energy, Administrative/Regulatory

Prop 65: If it's on the list, you mustn't resist

Mar. 25, 2017
By Daniel J. Herling

A recent ruling, however addressed a basic Prop. 65 issue: Should a certain chemical even be on a list of cancer-causing chemi...


Law Practice

Separating the facts from the fancy

Mar. 25, 2017
By Jonathan J. Kim

Can that party rely on its own interrogatory responses to prove or defend its case? In California state court, the answer is no.


Law Practice, Intellectual Property

The Northern District of California recently enacted revisions to the Patent Local Rules. The revised rules are effective imme...


Judges and Judiciary

Slow ball with Neil Gorsuch

Mar. 24, 2017
By Steven S. Kimball

The drama remaining in these confirmation proceedings consists of the skill by which a senator from the opposing party deploys...


Ethics/Professional Responsibility

Create a culture of compliance

Mar. 24, 2017
By J. Randolph Evans, Shari L. Klevens

Law firms can actively engage with employees to ensure that all are knowledgeable regarding their obligations and understand t...


Civil Litigation, Insurance

'Special justification' and punitive damages

MCLE
Mar. 24, 2017
By Rex Heeseman

More clamor for larger awards of punitive damages? The "battle" may turn on the presence (or not) of a "particularly egregious...


IRS expands Fast Track Settlement nationwide for more taxpayers

Mar. 23, 2017
By Robert W. Wood, Scott B. Weese

In the past, Fast Track Settlement has been available for complex audits -- handled by the IRS's Large Business & Internat...


Law Practice

Sole practitioners succeed with passion and activism

Mar. 23, 2017
By Hamid Yazdan Panah

Too often those who seek to build a professional reputation forget about the passion that drove them to become an attorney in ...


Labor/Employment

In what has sent shockwaves through the employment law community, the California appellate court reversed the trial court's de...


U.S. Supreme Court

Apparel copyright owners cheer ruling

Mar. 23, 2017
By Todd M. Lander

On Wednesday, the U.S. Supreme Court purported to resolve a long simmering ambiguity in the nation's copyright law, one that h...


Labor/Employment

Avoid wage and hour compliance issues

Mar. 23, 2017
By Michael Warren

Wage and hour litigation continues to pose a threat to employers, especially in California. There are many potential reasons f...


Insurance

Damages for breaching duty to defend

Mar. 22, 2017
By Dominic Nesbitt, Gary W. Osborne

Twenty years post-Buss, there are some breaching insurers still arguing they do not owe as damages the fees and costs...


Law Practice, Ethics/Professional Responsibility

Gray is the newest shade of legal malpractice

Mar. 22, 2017
By Karen K. Stromeyer, Arthur J. Harris

We are in the midst of arguably the greatest wealth transfer in the history of our country. While this is certainly an opportu...


Law Practice, Administrative/Regulatory

WikiLeaks released disturbing information this month alleging that the CIA employs multiple types of technologies that allow a...


Judicial Profile

Timothy Taylor

Mar. 22, 2017
By Arin Mikailian

In his career and his jurisprudence, San Diego County Judge Timothy Taylor has a steady hand.


U.S. Supreme Court, Constitutional Law

Equal protection and the Sixth Amendment

Mar. 21, 2017
By Barbara Babcock

In Peña-Rodriguez, the Sixth Amendment was found supple enough to offer relief where a juror's racial bias is so egregious an...


Judges and Judiciary, 9th U.S. Circuit Court of Appeals

9th Circuit split: What's the math say?

Mar. 21, 2017
By Brian Timothy Fitzpatrick

Smaller circuits minimize outlier decisions in both directions. Why do I say this? For a very simple reason: math.


Immigration, 9th U.S. Circuit Court of Appeals

Let's not assume good faith

Mar. 21, 2017
By Robert L. Bastian Jr.

On March 15, five 9th Circuit judges dissented from an order denying en banc review in Washington v. Trump, the appellate deci...


Government, Constitutional Law

In perhaps the final action of the 2016 presidential election, three individuals in Washington state were ordered this month t...


GC Email

Last month, the MTC held a special meeting and voted to approve a resolution adopting the Model General Allocation and Apporti...


Judges and Judiciary

As you listen to the Gorsuch confirmation hearings, pay attention to the U.S. Supreme Court's decision in Republican Party of...


Environmental & Energy, Administrative/Regulatory

Bills respond to rollback of environmental laws

Mar. 20, 2017
By Sarah N. Quiter, Gregory J. Newmark

A close look at one of the bills that aims to counter the Trump administration's rollback of environmental laws reveals import...


Appellate Practice

Writs: Part II

Mar. 20, 2017
By Myron Moskovitz

My last column began an exploration into what one Court of Appeal called "the mysteries of the writs." The mysteries? How does...


Judicial Profile

Harry Powazek

Mar. 19, 2017
By Arin Mikailian

San Diego Judge Harry Powazek's patient approach has served him well in several fields.


Law Practice

Dealing with difficult opposing counsel

Mar. 18, 2017
By Arezou Kohan

If we are constantly surrounded by people who are negative, how is it possible not to get infected by their attitude? Is it an...


California Courts of Appeal

Summary judgment: no longer a disfavored remedy

Mar. 18, 2017
By Josh McDaniel

A recent California Supreme Court decision might seem to be a simple opinion about the exclusion of undisclosed expert witness...


Tax

To disclose or not to disclose on your tax return

Mar. 17, 2017
By Robert W. Wood

Tax preparers and tax advisers talk a lot about "disclosure." Tax people use the term as if it is something you sometimes have...


U.S. Supreme Court

John Marshall Harlan's inkstand

Mar. 17, 2017
By Hirbod Rashidi

A labor of love of Ruth Bader Ginsburg has been to give the wives of the U.S. Supreme Court justices their due credit in how t...