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Make no mistake, the Internal Revenue Service and California's Franchise Tax Board want receipts — meaning they want you to ke...


Just say no

Mar. 10, 2017
By Timothy A. Miller

Protecting buyers from unintended consequences of reliance disclaimers in M&A transactions. ...


Civil Litigation

Defamation claims and fake news bullsh*t

Mar. 10, 2017
By Dan D. Terzian

Imagine if you were sued for calling something "bullsh*t news." You don't have to imagine hard. It's already happened: BuzzFee...


Intellectual Property, Entertainment & Sports

To better understand the recent $20 million lawsuit filed against Beyoncé for alleged copyright infringement, it might help to...


Public Interest

Draft budget would slash legal aid funds

Mar. 10, 2017
By Ronald B. Turovsky

In 2016, the Legal Services Corporation provided over $43 million in funding to legal nonprofits across California. President ...


Law Practice, Ethics/Professional Responsibility

Act fast if hackers compromise client escrow funds

Mar. 10, 2017
By J. Randolph Evans, Shari L. Klevens

There is seemingly no limit to the lengths scam artists will go to victimize unsuspecting attorneys. Indeed, as you read this ...


Civil Litigation, Law Practice, Ethics/Professional Responsibility

The court's opinion correctly points out that neither the subjective belief of the client nor the formal act of withdrawing ar...


Labor/Employment, California Supreme Court

Rest period compliance guidance

Mar. 9, 2017
By David Martinez, Christina Lincoln

Last year, the California Supreme Court held that an employer's discretion to provide employees with on-duty meal periods does...


Perspective

Airtight immunity for web publishers

Mar. 9, 2017
By Christian P. Foote

Section 230 of the Communications Decency Act remains an extremely powerful shield against liability for web publishers, but o...


Perspective

Credit bidding by a creditor which has a valid and enforceable mortgage, trust deed or security interest in the property being...


Letters, Judges and Judiciary, Government

I write to correct portions of a recent letter to the editor, "Once again, governor's judicial appointments light on disabled,...


Technology & Science

Judges and jurors could participate in a five-minute VR training session before trials. Using just a headset and a pair of mot...


Government, Constitutional Law

Eminent domain on the US-Mexico border

Mar. 8, 2017
By Gideon Kanner

Now that Trump is in office, construction of his fence is coming to pass and unsurprisingly, the process of right of way acqui...


Constitutional Law

The state high court has effectively ended the ability of public agencies to keep from the public communications about the pub...


Government

Under long-standing immigration laws, harboring undocumented immigrants carries the potential for both fines and imprisonment....


Judges and Judiciary

A teaching moment to stop and breathe

Mar. 8, 2017
By Scott C. Clarkson

The recent Oscars snafu provides a reminder to lawyers: All live events can glitch and the appropriate response is not to powe...


Constitutional Law

The 'very apex' of presidential powers

Mar. 8, 2017
By Robert L. Bastian Jr.

With the replacement immigration order on Monday, we have, if not quite in the sense Justice Jackson anticipated, entered the ...


Perspective

Calexit and the Constitution

Mar. 8, 2017
By Stephen J. Kaufman

This initiative, if adopted, would strike language from Article III, Section 1 of the California Constitution, which states: "...


Intellectual Property

Trump's plan to slash funding of National Endowment for the Arts could have a significant impact on the ability of volunteer l...


Law Practice

San Diego litigator joins DLA Piper

Mar. 8, 2017
By Matthew Sanderson

Mary C. Dollarhide, an attorney who led the employment practice at Paul Hastings LLP in San Diego, started her new position as...


Judicial Profile

Julie A. Palafox

Mar. 8, 2017
By Arin Mikailian

Orange County Judge Julie Palafox wins praise in family court for her patience and demeanor.


There is considerable talk today about leaving America. The head count is up, although it is still a small number compared to ...


Civil Rights

On March 1, a new California law took effect requiring single-user public restroom facilities to be gender neutral and to comp...


Government

The California Supreme Court has now held that emails, voicemails and texts related to government business on the private devi...


Appellate Practice

Writs: Part I

Mar. 7, 2017
By Myron Moskovitz

I often speak to local bar associations about "How To Win Appeals & Writs." I usually begin with Moskovitz's Rule #1: "Put...


Civil Rights

What does principle have to do with it?

Mar. 7, 2017
By Arthur Gilbert

Are lawyers selling out if they take cases for causes they find inimical to their cherished values? Does the principle that ev...


Judicial Profile

John L. Flynn III

Mar. 5, 2017
By Arin Mikailian

Orange County Judge John Flynn III grew up familiar with the courts and enjoys family law.


Perspective

Central Park Five: Trump vs innocence

Mar. 4, 2017
By Ronald W. Tochterman

In 1990, five boys, 16 and under, were convicted by New York juries of violent crimes committed during a "wilding" in New York...


Perspective

When do you need an outside investigator?

Mar. 4, 2017
By Ann Fromholz

A key criterion is bias. If there is a reasonable possibility that opposing counsel in trial could argue that the investigator...


Intellectual Property, Entertainment & Sports

NBA esports league raises new issues

Mar. 4, 2017
By Aaron B. Swerdlow

The NBA and Take-Two Interactive Software's new partnership to operate an esports league is a first for both the electronic ga...