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Judges and Judiciary

The end of WWII and the Italian election

May 22, 2017
By Malcolm H. Mackey

Contrary to public opinion, World War II did not end in 1945. Proclamation 2714 declared cessation of all hostilities in World...


Civil Litigation, California Supreme Court, California Courts of Appeal

Character evidence in civil cases

May 22, 2017
By Elia V. Pirozzi

The objective of this article and self-study test is to review basic legal principles affecting the admissibility of character...


Civil Litigation, California Supreme Court, Appellate Practice

Parsing protected activity

May 22, 2017
By Sarah Hofstadter

In its latest anti-SLAPP case, the state high court recently wrestled with whether the statute should apply to all government ...


Judicial Profile

George Lomeli

May 21, 2017
By Arin Mikailian

LA County Judge George Lomeli helps jurors, lawyers keep calm during criminal cases.


Tax

Can you get tax advice on contingency?

May 20, 2017
By Robert W. Wood

Contingency-fee based tax advice and representation, while becoming more common, are the exception, not the norm. ...


Securities

Heightened securities fraud pleading standard

May 20, 2017
By Neal R. Marder, Andrew S. Jick

A recent ruling will likely make it more difficult to allege securities fraud claims based on allegedly false or misleading op...


Civil Litigation, Insurance

Decisions push life insurance class actions into state court

May 20, 2017
By Robert D. Phillips Jr., Samuel Joon Park

The shifting landscape in life insurance class actions has narrowed plaintiffs' pathways to certification.


Law Practice, Law Office Management

Succession planning for (dearly) departed partners

May 19, 2017
By Daniel O'Rielly, Dena Roche

Preparing your law practice for a partner's death or incapacity is a critical component of risk management for partner departu...


U.S. Supreme Court, Labor/Employment, California Courts of Appeal

The U.S. high court has another opportunity to turn around California courts' seeming hostility to arbitration agreements, thi...


Administrative/Regulatory

Protect the open internet

May 19, 2017
By Catherine J.K. Sandoval

FCC Chairman Ajit Pai proposes to repeal rules that would have the effect of allowing internet service providors to engage in ...


U.S. Supreme Court, Labor/Employment, California Supreme Court

The last waltz with the FAA

May 19, 2017
By Steven B. Katz

A U.S. Supreme Court ruling on Monday reemphasizes the notion that its time for California courts stop dancing around the Fede...


Government, Environmental & Energy, Administrative/Regulatory

Today, with climate deniers in charge in Washington, D.C., it is more important than ever for California to stay the course in...


Judges and Judiciary, Civil Rights

Maintain professionalism in depositions

MCLE
May 19, 2017
By J. Randolph Evans, Shari L. Klevens

To avoid the ire of the court and serious sanctions, attorneys taking and defending depositions should conduct themselves as i...


Labor/Employment, Administrative/Regulatory

Local cannabis laws and drug testing pitfalls

May 18, 2017
By Ryan A. McCoy

Amid the constantly shifting tide of laws at the federal, state and local levels, employers must ensure compliance with Califo...


Administrative/Regulatory

Protecting the traveler, and sometimes the travel industry

May 18, 2017
By Laurie E. Sherwood, Sadaf A. Nejat

Until case law addressing the Travel Consumer Restitution Corporation waiver develops, there is no certainty as to how differe...


Government, Criminal, Administrative/Regulatory

Keep feds out of our cannabis business

May 18, 2017
By Reginald Byron Jones-Sawyer, Lynne Lyman

Assembly Bill 1578 would prohibit the federal government from forcing local agencies to assist in enforcing federal marijuana ...


The EU General Data Protection Regulation, which becomes effective next May, is a warning shot fired across the Atlantic -- th...


Labor/Employment, California Supreme Court

Resurrecting the 'spirit' of the 7th day of rest

May 18, 2017
By Wendy Mcguire Coats, Katherine P. Sandberg

With its origins reaching back thousands of years, the history behind this law is richer than you think. ...


Law Practice

Litigation funding won't fuel frivolous suits

May 17, 2017
By Deborah Hensler

Such funding is unlikely to produce an upsurge of frivolous litigation, though it could produce a wave of law firm startups.


Civil Litigation, Law Practice, Health Care & Hospital Law

Clearly, the law has not kept pace with inflation. Indeed, in 1975, the median price home in California cost $41,600. Today, t...


Intellectual Property

Implications for prefiling activity under AIA

May 17, 2017
By Abhijit P. Adisesh

As a result of a recent Federal Circuit ruling, there may be implications concerning prefiling commercial activity that practi...


Tax, Probate

A recent case demonstrates that, sometimes, the law recognizes equity.


U.S. Supreme Court, Constitutional Law

SEARCH WARS: Return of the Judiciary

May 17, 2017
By Brian M. Hoffstadt

Whereas the first two articles looked at the present and the past, respectively, this article looks to the future by asking ho...


Judicial Profile

Poli Flores Jr.

May 17, 2017
By Arin Mikailian

Superior Court Judge Imperial County (Brawley) ...


Corporate, Contracts, California Courts of Appeal

Contracts may hold up, even if signer had no authority to bind

May 16, 2017
By Iain Mickle, Andrea L. Bacchi

In a recent appellate ruling, the court determined that third parties may benefit from a statutory safe harbor whereby an agre...


Government, Administrative/Regulatory

Law firms can take a page from Macron

May 16, 2017
By Anita Taff-Rice

Living in the age of cyberhackers, law firms should consider reverting to landline phone calls and paper documents to protect ...


Civil Rights

It doesn't matter why the state Supreme Court rejected the rule. What matters is that prosecutors continue to seek convictions...


Tax, Government, Administrative/Regulatory

California needs to create a court devoted to tax

May 16, 2017
By Bruce Givner, Owen Kaye

A state tax court would expedite justice by encouraging out-of-court settlement, a key feature of the federal tax court system.


U.S. Supreme Court, Constitutional Law, Civil Rights

Ruling is important victory for civil rights

May 16, 2017
By Erwin Chemerinsky

The U.S Supreme Court gave civil rights plaintiffs an important victory when it ruled that the city of Miami had standing to s...


U.S. Supreme Court, Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

The cautionary tale of the Black Pearl

May 16, 2017
By James P. Marion

The Walt Disney Company narrowly held onto future "Pirates of the Caribbean" booty on May 2, to little fanfare.