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Judicial Profile

Raimundo Montes De Oca

Jan. 11, 2017
By Arin Mikailian

Raimundo Montes De Oca faced crises as a firefighter, public defender and Santa Barbara judge.


Insurance

Insurers owing a duty to defend must pay all applicable defense fees and costs — even ones that do "double duty" as prosecutio...


Perspective

Two recent Court of Appeal decisions have made condemnation more difficult and expensive for the condemning authority. By Joan...


Labor/Employment

Class action waivers and the NLRA

Jan. 10, 2017
By Sarah Hofstadter

Under the most recent 9th Circuit ruling in the Uber case, it remains an open question whether the NLRA allows employers to in...


Perspective

A glimpse of the Israeli judicial system

Jan. 10, 2017
By Eileen C. Moore

As part of the Beverly Hills Bar Association's recent travel delegation to Israel, we apparently walked into what we in the U....


International Law, Government

Embassy move would have major impact

Jan. 10, 2017
By William Slomanson

Implementing President-elect Donald Trump's campaign promise to move the U.S. Embassy from Tel Aviv to Jerusalem would unneces...


Appellate Practice

Stupor Mundi

Jan. 10, 2017
By David M. Balabanian

While commentators often compare California to Periclean Athens or Rennsaissance Italy -- the Marvel of the World -- judges, l...


U.S. Court of Appeals for the 9th Circuit

Cases like Dred Scott and The Antelope should not be cited for its dictum — at least not without acknowledgi...


Law Practice

Sessions has been attacked ever since Trump nominated him to be attorney general. But what is his true flaw? He is a Republica...


Government

Trump on NLRB on a collision course

Jan. 10, 2017
By William B. Gould IV

As Trump will be able to immediately select two new National Labor Relations Board members, given the conservative cast of his...


Judges and Judiciary

Miss Ann Thrope

Jan. 10, 2017
By Arthur Gilbert

It has been my practice at the end of each year to call on my aged friend Miss Ann Thrope. It has been some time since I last ...


Law Practice

Informal discovery and social media hacks

Jan. 7, 2017
By Michelle Sherman

Social media activity provides rich resource for informal discovery, as long as each website's rules are abided. By Michelle S...


Litigation

As the number and severity of data breaches have increased in recent years, there has been a corresponding rise in data breach...


Labor/Employment, Administrative/Regulatory

High noon in the workplace: employees gone green

Jan. 7, 2017
By Wendy L. Patrick

Despite the results of the November election, marijuana remains illegal at the federal, and regulating its use in the workforc...


Administrative/Regulatory

The same properties that lawmakers believe make powdered alcohol a health and safety concern will make AB 1554 difficult to en...


Technology & Science

Piecemeal regulation stifles innovation

Jan. 7, 2017
By Matthew Henshon

Uber's difficulty with the DMV when it attempted to roll out self-driving cars in California highlights the need for the feder...


Law Practice

How young lawyers can take first chair

Jan. 7, 2017
By Michael Panter

A recent study concluded that women appear in civil trials less often than men, and when they do appear, are far less...


Civil Rights

Access to Justice: E(quality) = MC410

Jan. 7, 2017
By Thomas F. Coleman

All attorneys should be aware that federal law requires government entities and businesses to provide reasonable accommodation...


Administrative/Regulatory

Microstamping: an impossible mandate

Jan. 7, 2017
By C.D. Michel

Recently, the California Court of Appeal reversed a premature dismissal of a lawsuit challenging California's microstamping re...


9th U.S. Circuit Court of Appeals

Ruling ups likelihood high court will weigh in on class action question

Jan. 7, 2017
By Neal R. Marder, Ali R. Rabbani

On Tuesday, in a widely anticipated ruling, the 9thCircuit added its voice to the federal circuit split over class certificati...


Judicial Profile

David A. Rosen

Jan. 6, 2017
By Arin Mikailian

Superior Court Judge Los Angeles County (Los Angeles) ...


Corporate

When a strategic investor invests in a startup, it often results in an immediate and fundamental conflict of interest. By John...


Securities, Corporate

Private planes and director independence

Jan. 6, 2017
By Marc Boiron

The Delaware Supreme Court recently held that a director's co-ownership of a private airplane with the company's CEO and contr...


Tax, Banking

Coinbase's fight with IRS heating up

Jan. 6, 2017
By Dashiell C. Shapiro

The IRS is pushing to obtain identifying information on countless "John Does" who have used digital currencies like bitcoin on...


Perspective

Extremists mislead about oil and gas

Jan. 6, 2017
By P. Anthony Thomas

A recent appellate court ruling has ended a nearly two-year legal fight blocking a safe and affordable energy supply for San D...


Administrative/Regulatory

We'll always have the Paris Agreement

Jan. 6, 2017
By Eric Rothenberg

"Even if you are skeptical about the science of climate change, there is no escaping a swelling tide of climate-related regula...


Law Practice, Ethics/Professional Responsibility

Review the restrictions on attorney-client agreements

Jan. 6, 2017
By J. Randolph Evans, Shari L. Klevens

It is important that attorneys carefully review their fee agreements and engagement/retainer letters to ensure that they compl...


Law Practice, Ethics/Professional Responsibility

2016 in review: attorneys as defendants

MCLE
Jan. 6, 2017
By Kenneth C. Feldman, Alex A. Graft

Although there were no earth-shattering appellate opinions in cases against attorneys in 2016, attorney-defendants did achieve...


Civil Litigation

Anti-SLAPP and amended complaints

Jan. 5, 2017
By Joel McCabe Smith

A California Court of Appeal was recently called upon to determine the timeliness of an anti-SLAPP motion challenging not an i...


Transportation

Hacked automobiles are a threat we must deal with today

Jan. 5, 2017
By Jonathan A. Michaels

What has begun as a crude act of driving a vehicle into a crowd could morph into a cyberattack on vehicles on a mass scale. To...