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Government

The Latino community's challenge

Feb. 5, 2016
By James Cooper

The battle between Republican presidential hopefuls Ted Cruz and Marco Rubio has shown that the Latino community is anything b...


In a recent case, the California Court of Appeal deemed a defendant's confession involuntary when law enforcement officers mad...


Ethics/Professional Responsibility

Law firms in the market for liability insurance should approach the process like a business deal; it is an ongoing relationshi...


Perspective

Cyber coverage case examines sublimits

Feb. 4, 2016
By Jan A. Larson

Law firms in the market for liability insurance should approach the process like a business deal; it is an ongoing relationshi...


Ethics/Professional Responsibility

How to survive your next cocktail party

Feb. 4, 2016
By Heather L. Rosing

Prudent practitioners need to be aware of the law of ethical rules governing "cocktail party" situations to avoid inadvertentl...


Intellectual Property

Street artists increasingly asserting rights to works

Feb. 4, 2016
By Scott Alan Burroughs

Once considered a symptom of urban blight, graffiti is now a respected art form. As the popularity of street art has increased...


Alternative Dispute Resolution

In 2009, I wrote a column based on a letter from the State Bar stating that they do not consider mediation as the practice law...


Mergers & Acquisitions, Law Practice, Law Office Management, Ethics/Professional Responsibility

What to consider when negotiating a hire or merger

Feb. 4, 2016
By J. Randolph Evans, Shari L. Klevens

In previous generations, attorneys stayed at one law firm for their duration of their career, but as firms grow and expand, at...


Perspective

In broad terms, the RLUIPA prohibits religious discrimination or imposition of "substantial burdens" on religious exercise and...


Perspective

Who actually owns street art?

Feb. 3, 2016
By Peter Salib

Street art, to quote "Zoolander," is "so hot right now," with artists like Banksy, Basquait and Fairey fetching millions. By P...


U.S. Supreme Court, Criminal

In Hurst v. Florida, the court held that Florida's death penalty scheme, which it has repeatedly upheld since 1976, was...


Perspective

James Madison provided the framework to fix the financing of campaigns over 250 years ago. By Nicholas Warshaw ...


Administrative/Regulatory

Street trees threaten homeowners

Feb. 2, 2016
By Steven S. Kimball

Last week, the San Francisco Chronicle published an article about homeowners' resentment of San Francisco's "relinquishment pr...


Tax

Did you discuss taxes in your settlement?

Feb. 2, 2016
By Robert W. Wood

You just agreed in principle to settle a big case for your client. Whether you represent the plaintiff or defendant, your clie...


Judges and Judiciary

Do I dare to eat a peach?

Feb. 2, 2016
By Arthur Gilbert

I feel like "a patient etherized upon on a table." Sorry, but lately T.S. Eliot has been on my mind. ...


Perspective

With growing bipartisan support, Congress is inching towards the passage of legislation that would provide litigants a federal...


Civil Litigation, Law Practice

Become a hero with a modified Rule 26

Jan. 30, 2016
By James P. Gray

What is the job description for litigators? It is to get the best results they can for their clients within the facts and the ...


Ethics/Professional Responsibility

Enforcing advance conflict waivers

Jan. 30, 2016
By Wendy Chang

Conflicts of interest continue to be the most common alleged legal malpractice error, as well as a basis for disciplinary acti...


Administrative/Regulatory

Dangerous herbal supplements continue to go unregulated

Jan. 30, 2016
By Brian S. Kabateck, Laura Kelly St. Martin

As famed NBA Lamar Odom rebounds from a life-threatening overdose of "herbal Viagra," his ordeal raises important legal issues...


Government, Corporate, Administrative/Regulatory

Recent decision may change FTC authority to regulate

Jan. 29, 2016
By Jonathan C. Sandler, Makan Delrahim

In a decision late last year that went largely under the radar, Judge D. Michael Chappel, the chief administrative law judge f...


U.S. Supreme Court, Criminal, Constitutional Law

The high court'sMontgomery v. Louisiana decision is the latest development in two trends in criminal justice. ...


Perspective

Anti-SLAPP and employment in 2015

Jan. 28, 2016
By Steven G. Pearl

Over the last year, California appellate courts have issued several decisions dealing with the anti-SLAPP statute. By Steven G...


Perspective

Even for unlimited plans, Uber must pay

Jan. 28, 2016
By Marc Voses

The Northern District recently applied the California Court of Appeals' ruling that, employers are obligated to reimburse thei...


Real Estate/Development

Buyers often develop remorse after they move into their home and discover one or more problems that the prior owner failed to ...


Perspective

New test for strict liability lawsuits

Jan. 28, 2016
By Victor Jih

Until last week, most California courts have held parties in a strict product liability action can never use a competitor's pr...


Perspective

No one likes receiving Internal Revenue Service Forms 1099, those pesky little tax forms you receive this time of year to repo...


Constitutional Law

Separating Second Amendment fact from fiction

Jan. 27, 2016
By Juliet Leftwich

Few provisions of the U.S. Constitution are as controversial as the Second Amendment. While the NRA argues that the Second Ame...


GC Email

Mergers threaten health care delivery

Jan. 27, 2016
By David Balto

As consumers suffer from escalating premiums and reduced services from their health insurers, they face a simple truth — a lac...


Perspective

To be sure, the Sunshine Act has important business and legal ramifications, and there are several ways that consumers, the pr...


Law Practice

While it is common for paralegals to oversee case management once a matter is assigned, rarely does a paralegal case manager p...