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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 L. 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...


Labor/Employment

In an action for disability discrimination based on a failure to accommodate, California law does not require the employee to ...


Product Liability

A recent Court of Appeal decision gave the asbestos personal injury a bar a huge gift. The decision means that some service pr...


U.S. Supreme Court

There is no reason not to have hearings on a nominee

Mar. 8, 2016
By Brian K. Landsberg

When the president and Senate have been called upon to fill a vacancy on the U.S. Supreme Court, they have done so, even in pr...


Government

Along comes Donald the Conqueror

Mar. 8, 2016
By Gideon Kanner

Much has been said lately about Donald Trump's presidential campaign that is rolling on in spite of his aggressively crude, in...


Judges and Judiciary

Same hearing, different universe

Mar. 8, 2016
By Arthur Gilbert

Arthur L. Gilbert has been dogging me ever since I became a justice on the Court of Appeal over 33 years ago. ...


Transportation

Rules for self-driving cars begin to emerge

Mar. 5, 2016
By Hilary Rowen

Self-driving cars are on the horizon, and the nature of the initial regulatory framework will influence the direction of techn...


Perspective

Mentoring as malpractice prevention

Mar. 5, 2016
By Louie H. Castoria

A genuine commitment to mentoring can help teach the rules of the road that cannot realistically be taught in law schools. By ...


If Mark Zuckerberg invests in Kanye West's musical ambitions, they should think about taxes upfront and document what they int...


Alternative Dispute Resolution

The thin line between puffery and lies

Mar. 5, 2016
By Phyllis G. Pollack, Caroline C. Vincent

Until the last decade or so, one of the biggest parts of being a lawyer was not even taught in law school: negotiation and neg...


Perspective

Professions of the world, unite

Mar. 5, 2016
By Richard Wirick

Attorney Richard Wirick reviews "The Future of Professions," by father-son duo Richard Susskind and Daniel Susskind (Oxford Un...