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Government

Trump and the legal profession

Nov. 24, 2016
By Reuel Schiller

It's upsetting that this election appears to have resulted in the elimination of many of the normal breaks that our Constituti...


GC Email

Trump may throw wrench in AT&T-Time Warner deal

Nov. 24, 2016
By Jill M. Manning

If President Trump follows through on the promise of Candidate Trump, the proposed merger may be dead on arrival. By Jill M. M...


GC Email

Focus on value

Nov. 24, 2016
By Scott M. Wornow

With recent industry surveys reflecting sagging demand for legal services, how does that apparent singular focus on maintainin...


Perspective

For Sale: Business

Nov. 23, 2016
By Theresa Pahl

The sale of a business requires advance planning to proceed smoothly. By Theresa Pahl and Neepa Majmudar ...


Perspective

The president-elect recently told "60 Minutes" that he is turning down his $400,000 presidential salary. By Robert W. Wood ...


Government

Concerns about Trump's immigration policies

Nov. 23, 2016
By Julia Harumi Mass

Immigrants and immigrants' rights advocates are particularly uneasy, given the extreme positions Trump took during his campaig...


Real Estate/Development

Landlord-tenant lawsuits: a primer

Nov. 22, 2016
By Mark E. Inbody

Landlord-tenant lawsuits are nothing new. But the heated rental markets in cities like San Francisco, Oakland and Los Angeles ...


Perspective

Hearsay, the experts say!

Nov. 22, 2016
By John T. Brazier

This past summer the California Supreme Court took the opportunity "to revisit and revamp" the hearsay rules related to expert...


Appellate Practice

Extremely Effective Advocacy Advice

Nov. 22, 2016
By Myron Moskovitz

Don't use strong modifiers – instead, make your points with facts, policy arguments and law. ...


Law Practice

Extreme Advocacy: An Exercise

Nov. 22, 2016
By David M. Balabanian

What if there were a cheap and effective way to reduce the incidence of heart disease, hypertension, diabetes and cancer? Hear...


Judges and Judiciary

Choosing Hobson's Choice

Nov. 22, 2016
By Benjamin G. Shatz

From the 1920s until today, more than 250 California cases use the phrase. But, the pesky pedant asks, are courts and lawyers ...


Constitutional Law

Prop. N doesn't pass muster

Nov. 22, 2016
By David A. Carrillo, Stephen M. Duvernay

The successful San Francisco ballot initiative, which permits noncitizens to vote in local elections, violates the California ...


Judges and Judiciary, Criminal, Constitutional Law

Pro per defendants' requests in criminal cases

MCLE
Nov. 21, 2016
By Jacqueline A. Connor

Learn about pro per defendants' requests for ancillary services.


Judicial Profile

Steven Shayer

Nov. 20, 2016
By Arin Mikailian

Superior Court Commissioner Kern County (Bakersfield) ...


Law Practice, Law Office Management

Partner departures: starting questions for departure planning

Nov. 19, 2016
By Daniel O'Rielly, Dena Roche

If you are a law firm partner who has started to think that your future may be brighter at a different firm, you have some ser...


Law Practice

In at least 20 states, it is not mandatory for the court to give these adults a lawyer. By Thomas F. Coleman ...


In this month's column, I'll list what I see as the major advantages and disadvantages for law firms of requiring employees to...


Constitutional Law

Presidential pardons and the Clinton chronicles

Nov. 19, 2016
By Ira L. Shafiroff

As President Barack Obama prepares for the orderly transfer of power to President-elect Donald Trump, many wonder whether eith...


Government

Trump won't be the first litigious president

Nov. 19, 2016
By James Attridge

Press accounts indicate that Trump's affinity for the courtroom is unique and unprecedented. But that's just not true.


Perspective

Repealing Obamacare: more tricky than Trump thinks

Nov. 19, 2016
By Kenneth B. Schnoll

According to President-elect Donald J. Trump's campaign website, "on day one of the Trump Administration, we will ask Congress...


Government

Go high, Clinton supporters

Nov. 18, 2016
By Henry S. Noyes

What is the appropriate response from a Clinton voter? Reject Trump, delegitimize him and engage in revolution? No. When they ...


Law Practice

Establishing diminished capacity to enter into a binding contract should be based on a sound conceptual foundation and consist...


Administrative/Regulatory

Pop goes the regulation

Nov. 18, 2016
By Daniel J. Herling

What does a seemingly arcane regulation by NIOSH mean as it relates to tort litigation? Well, 12 years ago a jury in Missouri ...


Perspective

Many issues can be avoided by keeping in mind certain principles when negotiating IP-related contracts — even by a young techn...


Administrative/Regulatory

Bilingual education will come with a high price

Nov. 18, 2016
By Johanna J. Haver

Like many former teachers of English learners, I remember the failure of bilingual programs, as they existed in California unt...


Perspective

Transgender restroom case could affect agency deference

Nov. 18, 2016
By Barbara S. VanLigten

The U.S. Supreme Court recently agreed to hear a case that considers whether Title IX requires schools to provide transgender ...


Corporate

Antitrust in 2016, and looking ahead to Trump

Nov. 18, 2016
By Stuart Christopher Plunkett

With the new Republican administration, one might conclude a period of relaxed enforcement is on the way. But there are signs ...


Environmental

Cascade of ESA listings unlikely, for now

Nov. 18, 2016
By James F. Rusk

A recent 9th Circuit opinion sparked concerns about a cascade of listings for species that are currently widespread. After all...


Government

Prop. 57 puts public safety at risk

Nov. 18, 2016
By Anne M. Schubert

The initiative pledged to protect and enhance public safety through rehabilitation and a reduction in criminal recidivism. Tha...


Ethics/Professional Responsibility, Criminal

Can California lawyers ethically light up?

MCLE
Nov. 18, 2016
By Wendy L. Patrick

Election Day 2016 added yet another tourist attraction to the already overpopulated Golden State: marijuana. For California la...