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Perspective

Nonhourly fee deal may outweigh hourly

Jun. 14, 2016
By Laura J. Maechtlen

The billable hour has become a signal of deeper issues in our industry that erode otherwise healthy relationships between corp...


Appellate Practice

Loot doesn't equal moot in 9th Circuit

Jun. 14, 2016
By Charles M. Kagay

9th Circuit holds that the class action show must go on even when defendant deposits named plaintiff's requested damages into ...


Litigation

Vacant lots

Jun. 14, 2016
By David M. Balabanian

The most valuable tracts of real estate in any legal brief are the introduction and the conclusion. By David M. Balabanian ...


Perspective

Duty reductions for California manufacturers

Jun. 11, 2016
By J. Michael Taylor

The American Manufacturing Competitiveness Act of 2016 will help California manufacturers that use imported goods unavailable ...


Litigation

Law firm puffery protected

Jun. 11, 2016
By Karl Olson

Court of Appeal was right to affirm the dismissal of a defamation suit against a law firm which issued a celebratory press rel...


Perspective

Legal counsel should help health care provider-clients develop effective and compliant medical documentation programs to encou...


Perspective

Prenatal limitations statute circuit split

Jun. 11, 2016
By Don Willenburg

New 9th Circuit decision causes split on which statute of limitations applies to claims of prenatal chemical exposure. By Don ...


Law Practice, Law Office Management

Why and when partners leave a law firm

Jun. 10, 2016
By Daniel O'Rielly, Dena Roche

Lawyers frequently move from one firm to another, sometimes alone, sometimes with groups, but almost always with significant i...


Perspective

The NLRA in the 21st century

Jun. 10, 2016
By Peter S. Rukin

The 7th Circuit recently found that concerted activity is a fundamental substantive right under Section 7 of the National Labo...


Perspective

Essential triad of corporate risk management

Jun. 10, 2016
By Scott M. Wornow

Effective corporate governance requires close, integrated collaboration among corporate legal, finance and human resource func...


Perspective

Ongoing litigation in the Northern District of California provides a timely study for policyholders pursuing coverage for a su...


Ethics/Professional Responsibility

Replacement counsel incurs risks as well as rewards

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

Taking over a case that has gone off the rails involves a series of unique challenges and risks for replacement counsel. ...


Tax

Can you 'take the Fifth' when the IRS knocks?

Jun. 9, 2016
By Robert W. Wood

Not usually. Many people find that a shock. After all, remember the case of IRS official Lois Lerner, who ran the IRS tax exem...


Environmental & Energy

The new driver is consumer demand for green products and services and this will necessitate changes in the regulatory and lega...


Perspective

One of the most significant developments in the law concerning the Employee Retirement Income Security Act of 1974 (ERISA) in ...


Perspective

Fish vs. farms vs. people

Jun. 9, 2016
By Ryan Bezerra

The debate over the current legislation is just the latest federal battle concerning the Sacramento-San Joaquin Delta. By Ryan...


Computers will one day be capable of completing many of the higher-order activities lawyers perform today. By Nicole Shanahan ...


Unclear how CPRA decision will play out

Jun. 8, 2016
By Duffy Carolan

The California Supreme Court recently held that an inadvertent disclosure of documents in response to a California Public Reco...


Perspective

Despite what some say, even if its upheld on appeal, the Oracle v. Google fair use jury verdict will not destroy the ...


Perspective

License to succeed

Jun. 8, 2016
By Thomas E. Duley

Done properly, licensing can bridge the gap between the spark of a creative idea and its full commercial potential. By Tom Dul...


Perspective

Primary primer

Jun. 7, 2016
By Jinouth Vasquez

Regardless of whether employees are feeling the Bern or stumping for Trump, California employers must let employees visit the ...


Law Practice

Rethinking depositions

Jun. 7, 2016
By David M. Balabanian

At trial, lawyers generally have prior depositions of the witnesses to help frame questions with confidence as to the likely a...


Appellate Practice

What's the story?

Jun. 7, 2016
By Myron Moskovitz

Judges are busy and rushed, so even when you think the law is on your side, always tell a good story. ...


Judges and Judiciary

Maybe it will happen

Jun. 7, 2016
By Arthur Gilbert

The California Supreme Court took a medium step for everyone: It unanimously amended California Rules of Court, rule 8.1105(e)...


Alternative Dispute Resolution

Time to rethink fair housing arbitration?

Jun. 4, 2016
By Terry R. Dowdall

An arbitrator recently handed down a $450,000 award for a landlord's violation of the Fair Employment and Housing Act — a fail...


Civil Litigation

A closer look at 2 important FRCP updates

Jun. 4, 2016
By A. Marco Turk

Two critical amendments contained in the 2015 changes (Rules 26(b)(1) and 37(e)) bear re-visiting because of their impact on w...


For those of us who mediate cases with regularity, thus saving the judicial system and our clients from unnecessary trials, th...


Perspective

Don't gamble with the right to appeal

Jun. 4, 2016
By Ilana Herscovitz

As highlighted in a recent case, appellants must designate the transcript on appeal whenever resolution of the appeal turns on...


Perspective

The House of Representatives voted 403-12 last week to pass Toxic Substances Control Act overhaul legislation, the Frank R. La...


A recent decision may signal that the tide is again changing in California, and courts may be more likely to refuse to enforce...