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Banking

Banks and bankers elude prosecution

Oct. 26, 2016
By Stanley Greenberg

Rarely a month goes by without reading about banks and bankers who commit obvious crimes, but who are rarely prosecuted. If an...


Government

Running on fines

Oct. 26, 2016
By Will Swaim

The city of Huntington Beach is following the model of Ferguson, Missouri: raising fines on misdemeanors in order to generate ...


Judicial Profile

Julian Recana

Oct. 26, 2016
By Arin Mikailian

LA County Judge Julian Recana spent his life following his father, and now they are both judges.


Perspective

Among the nearly 900 laws enacted this year was AB 691, which authorizes a decedent's personal representative or trustee to ac...


Criminal

Courts disagree on excusing jurors

Oct. 25, 2016
By Lawrence Waddington

The jury trial constitutionally ordered in civil and criminal litigation emerged from English common law and exists today in e...


Perspective

Emotion versus reason

Oct. 25, 2016
By Frank Pray

While laws are designed in a republic to be a means of checking the excesses of a tyrannous, biased majority — in reality, get...


Transportation, Government, Administrative/Regulatory

The Zero Emission Vehicle Program is an affordable way for local governments to jump into the future with both feet. Electric ...


Perspective

Fee Shifting

Oct. 25, 2016
By David M. Balabanian

The principal claimed benefit of fee-shifting provisions is deterrence, i.e., discouraging the initiation of doubtful litigati...


Litigation

Anti-SLAPP school is back in session

Oct. 25, 2016
By Charles M. Kagay

Allegations of dirty dealings in the garbage business means it's time for the California Supreme Court to conduct another semi...


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

Post-9/11 arrest case has big implications

Oct. 25, 2016
By Mark Chenoweth

The U.S. Supreme Court will tackle tort damages against federal officials in their personal capacities and qualified immunity ...


Judicial Profile

Natalie Stone

Oct. 23, 2016
By Arin Mikailian

LA County Judge Natalie Stone works to help parents get back on track to keep families together.


Perspective

In the recent California legislative session, several bills aimed to address perceived abuses of Americans with Disabilities A...


Perspective

Surprising nuances to California tax disputes

Oct. 22, 2016
By Robert W. Wood

There are many nexus issues, surprising withholding taxes, and tough residency rules. And the procedural oddities are not obvi...


GC Email

Law firms likely to see rise in claims

Oct. 22, 2016
By Jeffrey D. Polsky

At a federal and state level in California, retaliation claims are more common than harassment and discrimination claims. And ...


Law Practice, Law Office Management

Proceed carefully when partner exits suddenly

Oct. 22, 2016
By Daniel O'Rielly, Dena Roche

Even unplanned, last-minute partner departures can be handled in such a way as to minimize unnecessary adverse consequences.


Perspective

Who's in the 'ascertainable' putative class?

Oct. 22, 2016
By Rick L. Shackelford

For a time, it seemed that 9th Circuit might make the circuit split on ascertainability so stark that the U.S. Supreme Court w...


Perspective

Cert denial leaves in place hostile-to-business decision

Oct. 22, 2016
By William H. Weissman

What a recent California Supreme Court decision means from a political perspective is that the desire of the state to extract ...


Perspective

The legislation, motivated in response to the 2015 balcony collapse in Berkeley, passed the Assembly and Senate with bipartisa...


Amendments to Family Code Section 7613 clarifies that a man or woman's parenting "intentions" determine whether he or she is a...


GC Email

Where a primary insurer rejects a reasonable settlement demand within its policy limits, a recent case holds that it can be li...


Litigation

Are defense bills sent to insurers privileged?

Oct. 21, 2016
By Erica Villanueva

On Oct. 6, the California Supreme Court heard oral argument in a case that, while seemingly far removed from the insurance fie...


California Supreme Court

Who wants to receive a dues bill? Honestly, none of us. But unless the California Supreme Court grants the State Bar's petitio...


Law Practice, Ethics/Professional Responsibility

Don't let your firm's digital assets walk out the door

Oct. 21, 2016
By J. Randolph Evans, Shari L. Klevens

Whether it is a laptop, smartphone, tablet or some combination of those, attorneys' use of and dependency on these items raise...


Law Practice, Judges and Judiciary, Ethics/Professional Responsibility

Walking the thin zealous, ethical advocacy line

MCLE
Oct. 21, 2016
By Michele Trausch

Although there are fine ethical lines between the competing responsibilities of zealous advocacy and dishonesty -- fortunately...


Perspective

Deposition taking is a primary skill of most civil-practice lawyers. On the surface it appears simple and straightfor...


Tax

California's scary tax limitations period

Oct. 20, 2016
By Robert W. Wood

If you live or do business in California, state taxes are a big piece of what you pay. When you add the state's notoriously ag...


Perspective

Augmented reality serves up unique IP challenges

Oct. 20, 2016
By Anjali Moorthy

Photos of Pokémon alongside Mickey Mouse or Marilyn Monroe will create new and interesting trademark and copyright issues for ...


Perspective

On Sept. 8, 2015, President Obama nominated Clare Connors, who has served as an assistant U.S. attorney for seven yea...


Constitutional Law

Clowning around with the First Amendment

Oct. 20, 2016
By Jordanna Thi

As we approach the November election, we find ourselves compelled to consider the clowns. And no, not either of the candidates...


Law Practice

High court must support access to justice

Oct. 20, 2016
By Jack W. Londen

If the California Supreme Court orders active California lawyers to fund some State Bar activities during the next year, those...