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Non-delegable duty of logistics broker carriers in California

Mar. 17, 2016
By Brian S. Kabateck, Doug Rochen

Over the past several years, the business of "transportation logistic brokers" has substantially increased in the United States.


Family

Bill would clarify 'date of separation'

Mar. 17, 2016
By Navid Moshtael

The date of separation, a pivotal issue in a dissolution or legal separation matter in California, has primarily been defined ...


Insurance

Scrutinize every lawsuit for claims of defamation

Mar. 17, 2016
By Dominic Nesbitt, Gary W. Osborne

One of the biggest problems with every CGL insurance is that policyholders often do not read their policies to find out what i...


Entertainment & Sports

The several battles of the NCAA

Mar. 17, 2016
By Kate Manolakas

Recent suits over college athletes' names and likenesses are just part of a multi-front battle the NCAA is currently facing. ...


U.S. Supreme Court, California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals

FAA trumps state law, again

Mar. 17, 2016
By Felix Shafir

A recent case may represent a new front in the ongoing division between plaintiffs and defendants over the continuing vitality...


Criminal

One day isn't enough to bring a real prosecution

Mar. 16, 2016
By Lawrence Waddington

The prosecution in the Freddie Gray case had alleged second-degree murder, manslaughter and assault after a one-day investigat...


Perspective

Feelin' the Bern (or not) at work?

Mar. 16, 2016
By Nannina Angioni

Whether a company's employees are feeling the Bern or looking to shore up Donald Trump's wall, they no doubt have their finger...


Law Practice

The new and improved Marcia Brady, Esquire

Mar. 16, 2016
By Julie L. Kessler

In the late 1970s, most teenagers grew up on a steady diet of "The Brady Bunch" That was definitely not the case with Taiwan-b...


Appellate Practice

Seeking review in the California Supreme Court

Mar. 16, 2016
By Myron Moskovitz

Some lawyers think, "I file a complaint because I'm right on the facts and the law. And I file an appeal when I think the tria...


U.S. Supreme Court, Judges and Judiciary

Judging requires value choices

Mar. 16, 2016
By Erwin Chemerinsky

Let's all stop pretending that there is such a thing as value-free judging and let's get rid of silly slogans like, "justices ...


Law Practice, Law Office Management

Partner departure

Mar. 15, 2016
By Daniel O'Rielly, Dena Roche

A few things for a firm to consider when a partner decides to leave. ...


Labor/Employment

Ruling may change tipping in California

Mar. 15, 2016
By Lizbeth Ochoa

A recent 9th Circuit opinion dealt with the legality of "tip pooling," a common practice in many states, including California....


Perspective

Disclosing financial data in mediation

Mar. 12, 2016
By Louis M. Marlin

Some defense attorneys appear to favor withholding that their client is financially challenged. I would argue that is a seriou...


Perspective

The future city of driverless cars

Mar. 12, 2016
By Sheri Bonstelle

The highly anticipated release of driverless vehicles onto American roads promises to change forever our relationship with our...


Perspective

When the State Bar comes knocking

Mar. 12, 2016
By David C. Carr

The first time many lawyers are faced with a State Bar complaint, they react from a place of ignorance. By David Carr ...


Perspective

Tension over 'all natural' lawsuits

Mar. 12, 2016
By Andrew Levine

One resource district courts have been using to deal with the onslaught of these cases is the strict time requirements in thei...


Perspective

We must adequately fund dependency representation

Mar. 11, 2016
By Janet G. Sherwood

The failure to adequately do so attorneys in the position of having to choose between doing the best he or she can to represen...


Criminal

Focus on detecting sex crimes today

Mar. 11, 2016
By Elizabeth F. Loftus

When I saw Senate Bill 813, recently introduced in the California Legislature, which aims to do away with California's statute...


Perspective

FRCP changes and discovery under patent local rules

Mar. 10, 2016
By Lauren E. Whittemore

The idea of proportionality in civil discovery itself is not new — the amended rules simply makes it explicit. By Lauren Whitt...


Corporate

Thoughts on the state of corporate governance

Mar. 10, 2016
By Scott M. Wornow

Corporate governance is fundamentally broken. Not because of the long-standing debate between short-term and long-term investo...


U.S. Supreme Court

Don't punt back to the Federal Circuit

Mar. 10, 2016
By Sunil R. Kulkarni

After it announces a legal standard in a pair of patent cases, will the Supreme Court apply it to the facts of these ca...


U.S. Supreme Court, Constitutional Law

Thomas stands firm for Scalia

Mar. 10, 2016
By Charles S. Doskow

It is not coincidental that the occasion for his breaking his silence was the absence of the legendary energetic questioner wh...


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

Doubts about PAGA passing muster

Mar. 10, 2016
By Steven B. Katz

It is time for the courts to squarely address whether PAGA passes muster under the separation of powers doctrine, and the answ...


Insurance, Ethics/Professional Responsibility

Picking the right insurance coverage for your firm

Mar. 10, 2016
By J. Randolph Evans, Shari L. Klevens

Attorneys should not wait until a claim has been filed against them to check the scope and limitations of their legal malpract...


Litigation

Need a statement of damages in that subrogation case?

Mar. 9, 2016
By Randolph M. Hammock

In a typical subrogation case, an insurer seeks reimbursement from the defendant for property damages. However, sometimes part...


Law Practice, Law Office Management

5 things to consider when it is time to leave your firm

Mar. 9, 2016
By Daniel O'Rielly, Dena Roche

By now, it is an established fact that one of the characteristics of practicing law in a law firm is attorney mobility. ...


Law Practice

For non-exceptional American behavior, it seems hard to find worse than the actions of certain Americans in connection with th...


Environmental

EPA may slam door on high performance

Mar. 9, 2016
By Jonathan A. Michaels

The EPA recently proposed new legislation that promises to have a stinging impact on the performance seeking after-market indu...


Litigation

For whom the 'stay' tolls

Mar. 9, 2016
By Steven H. Kruis

Should the time spent to pursue mediation, pursuant to a trial court order that stayed the case, toll the five-year statute wi...


Family

A recent Court of Appeal opinion reminds us the definition of domestic violence sufficient for the issuance of a DVPA domestic...