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Environmental

The Volkswagen emission control device case seems to have all the essential ingredients of a criminal prosecution, but on Jan....


Perspective

AB 960: Protecting California families

Jan. 9, 2016
By Cathy Sakimura

Thanks to a new law that went into effect on Jan. 1, California law now fully protects families having children through assist...


Ethics/Professional Responsibility

Parting ways with a client

Jan. 9, 2016
By Heather L. Rosing

Whatever the reason to terminate, the attorney should ensure compliance with all ethical and professional responsibilities. By...


Perspective

Court says assignee may not file for bankruptcy

Jan. 9, 2016
By David S. Kupetz

The 11th Circuit recently considered a case where the assignee filed a voluntary bankruptcy petition on behalf of the assignor...


Perspective

Alaska's land and water go to court

Jan. 9, 2016
By Ethan Blevins

John Sturgeon's 2007 lone hunting trip in the Alaskan wilderness has escalated into a battle over state sovereignty and the re...


Litigation

Consideration is hard, dismissal is easy

Jan. 8, 2016
By David Schraub

Lawyers have an ambiguous relationship with the usefulness of legal norms and decision-making processes outside the courtroom....


Civil Litigation

FRCP fix shakes up electronic discovery

Jan. 8, 2016
By A. Marco Turk

Attorneys should familiar with the new rules and the mediation process as applied to ESI disputes, and utilize the mediation p...


Perspective

As millions of people are looking for tax deductions, can you deduct the cost of getting healthy? By Robert W. Wood ...


Government Contracts

In California, a person who utilizes construction services can sue for return of money paid if the contractor was not licensed...


U.S. Supreme Court

Separation of powers on trial at high court

Jan. 8, 2016
By Carlton F.W. Larson

It's a deceptively simple question with two correct answers: Can Congress pass a law directing the outcome of litigation in a ...


U.S. Supreme Court

Arbitration back at high court next month

Jan. 7, 2016
By Jeffrey D. Polsky

The case will turn on whether California courts hold arbitration agreements to different standards that other contracts when d...


Perspective

Bill could destroy class actions

Jan. 7, 2016
By Joanne Doroshow

This week, the House of Representatives will vote on a bill dubbed the "VW Bailout Bill," which could severely limit class act...


Administrative/Regulatory

Top executives absent in VW suit

Jan. 7, 2016
By Jonathan A. Michaels

Absent major reform, we should not only tolerate, but expect, those in command to lie, cheat and steal about the products thei...


Ethics/Professional Responsibility

Tips to avoid client disputes in 2016

Jan. 6, 2016
By John B. Sullivan

Client disputes cost lawyers time and money, but there are fortunately many preventative steps you can take to reduce the like...


Probate

Usefulness of TOD deeds uncertain

Jan. 6, 2016
By Robert C. Barnes

On Jan. 1, California played catch-up for a change and joined at least 27 other states that allow a low-cost way of avoiding p...


Judges and Judiciary

A new year's resolution … or not?

Jan. 6, 2016
By Arthur Gilbert

In this paragraph is an inchoate New Years' resolution. Not sure whether to do it. A successful businessman I knew said this a...


Insurance, Ethics/Professional Responsibility

Cagey causation in legal malpractice cases

Jan. 6, 2016
By J. Randolph Evans, Shari L. Klevens

As the complexity and potential exposure of legal malpractice cases continue to evolve, the four basic elements of a legal mal...


CFPB's resolution should be to rein in arbitration

Jan. 6, 2016
By Alexandra P. Summer

We are all aware of increasing use of arbitration agreements and the court decisions bolstering them. In addition to being law...


California Supreme Court

Is California's mutuality rule done for?

Jan. 5, 2016
By Charles H. Jung

On Jan. 5, the California Supreme Court will hear oral argument in Baltazar v. Forever 21, the latest of several signif...


Entertainment & Sports, Corporate

The new Netflix

Jan. 1, 2016
By Glen A. Rothstein

To what extent is Netflix changing as it moves away from movies and toward original television program? ...


Perspective

Opposition to class action waivers on both the political and legal fronts persists ...


Corporate

The recent RBC decision further debunks the myth that Delaware is a defendant friendly jurisdiction in which plaintiffs...


Corporate

Hedge fund managers face queries on losses

Jan. 1, 2016
By Alexandra Stevenson

When David Einhorn, the founder of Greenlight Capital, plays host to his investors at the American Museum of Natural History i...


Perspective

What lawyers should know about the PATH Act.

Dec. 31, 2015
By Robert W. Wood

There is something for everyone in this massive and surprising tax law. By Robert W. Wood ...


Family, California Supreme Court

Unintended consequences

Dec. 31, 2015
By Thomas M. Hall

A state Supreme Court case may have unintended consequences for unrepresented family law litigants in 2016. ...


Intellectual Property

Offensive marks are now protected

Dec. 31, 2015
By Ben M. Davidson

Can the U.S. Patent & Trademark Office refuse to register trademarks that are racist, offensive, and disparaging to minori...


Streamlining civil justice

Dec. 30, 2015
By Saveena Takhar

Three bills taking effect on Jan. 1 will streamline the civil justice process, focusing specifically on expedited jury trials,...


Perspective

In a recent case, the 4th District Court of Appeal outlined the law concerning resisting arrest when a person advocates non-co...


Bankruptcy

New bankruptcy forms already in use

Dec. 29, 2015
By David M. Poitras

For the first time in over two decades, the official forms applicable to bankruptcy cases nationwide have been revised. By Dav...


Perspective

Redstone's small (for him) tax victory

Dec. 29, 2015
By Mark J. Phillips

Sumner Redstone's legal troubles are not limited to the proceedings going on in Los Angeles County Superior Court over his cap...