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Environmental & Energy, Administrative/Regulatory

Will 2014 finally be the year for long-awaited CEQA reform?

Jan. 24, 2014
By Kathryn L. Oehlschlager, Samir J. Abdelnour

In a nutshell: don't bet on it.


Environmental & Energy

SB 743: Tinkering with CEQA for the future

Jan. 22, 2014
By Donald E. Sobelman, Nicole M. Martin

After more than 40 years on the books, the California Environmental Quality Act (CEQA) continues to be the focus of contentiou...


Intellectual Property, Government

SB 606: Attempt to address childish behavior of paparazzi

Jan. 22, 2014
By Andrew J. Thomas, Nary Kim

In September, the Legislature passed Senate Bill 606, amending Section 11414 of the California Penal Code. ...


Real Estate/Development, Government, Administrative/Regulatory

On Oct. 5, Gov. Jerry Brown signed Assembly Bill 440, designed to help communities struggling with "blighted" properties.


AB 110: Stemming the flow of court budget cuts

Jan. 22, 2014
By Brian S. Kabateck, Min-Kuk Song

While trial courts' operating budgets in other states are primarily locally funded, California's entire judicial branch is fun...


Law Practice, Ethics/Professional Responsibility

2013 year in review: notable decisions affecting lawyers, Part 1

Jan. 18, 2014
By Kenneth C. Feldman, Alex A. Graft

In Part 1 of this two-part series, we see how the appellate courts were busy refining principles governing the practice of law...


Constitutional Law, 9th U.S. Circuit Court of Appeals

Daimler: a map out of obscure territory

Jan. 18, 2014
By Lea Brilmayer

Personal jurisdiction is one of those obscure technical subjects that only a lawyer can truly love. But few doctrines are like...


International Law

Russia bombings conjure the past

Jan. 16, 2014
By Gideon Kanner

It remains to be seen if the Russian security forces will rise to the occasion, and do a better job than did the Germans in 19...


Law Practice, Civil Rights

Given some of the other areas in which women have made significant "progress," having heart attacks in almost equal numbers to...


Civil Litigation, Health Care & Hospital Law

Oakland tragedy and limits on recovery

Jan. 15, 2014
By Bruce G. Fagel

The events at Children's Hospital and Research Center Oakland and in a courtroom in Alameda County have rekindled a debate abo...


U.S. Supreme Court, Appellate Practice

There is an old adage that there are three oral arguments for an attorney: the one that was planned, the one that was given, a...


Insurance

When insurers' litigation tactics become a liability

Jan. 11, 2014
By Joshua H. Haffner, Drew Ferrandini

Public policy has promoted the adversarial process by giving special protections to conduct in the course of litigation. But t...


Books

Review: 'The Partner Track'

Jan. 10, 2014
By Julie L. Kessler

Attorney Helen Wan provides a thrill ride for those who have worked in our nation's big law firms - and those who have wondere...


Labor/Employment

New employment law roundup

Jan. 9, 2014
By Arthur F. Silbergeld, Jennifer A. Awrey

Employers should pay special attention to the following bills signed by Gov. Jerry Brown that go into effect in 2014.


U.S. Supreme Court

A new version of 'reasonable suspicion'

Jan. 9, 2014
By Brian M. Hoffstadt

Until now, the Supreme Court has defined three levels of suspicion under the Fourth Amendment: probable cause, reasonable susp...


Letters

Re: "Legislation to Prevent Workplace Bullying Is Long Overdue," Dec. 31. ...


Administrative/Regulatory

On Dec. 27, Sen. Diane Feinstein wrote a letter to President Barack Obama, urging him to re-evaluate the FDA's policy on the i...


Books

Justice for all

Jan. 7, 2014
By Arthur Gilbert

"To Establish Justice for All: The Past and Future of Civil Legal Aid in the United States," by retired Court of Appeal Justic...


Alternative Dispute Resolution

The narcissism of small distinctions

Jan. 4, 2014
By Robert S. Mann

Sometimes, they have about as much importance as the number of angels that could be doing the cha-cha-cha on the head of the p...


California Courts of Appeal, Appellate Practice

Appellate attorneys, flailing in the dark

Jan. 4, 2014
By Paul S. Berger

The notion of tentative appellate opinions still strikes most appellate justices as seditious, if not treasonous. Why? ...


Tax

What every lawyer should know about FATCA

Jan. 3, 2014
By Robert W. Wood

Every lawyer should know the Foreign Account Tax Compliance Act, enacted in 2010, finally takes effect this year. ...


Law Practice, Ethics/Professional Responsibility

Here are a few things to consider this year in order to help you survive New Year's Eve without making a fool of yourself or j...


Labor/Employment

Workplace bullying legislation is overdue

Jan. 1, 2014
By William M. Crosby

There remains a major problem in the American workplace for which further statutory reform is overdue - workplace bullying.


Alternative Dispute Resolution

Optimal success through artful negotiation

Dec. 28, 2013
By Jan Frankel Schau

For litigators, it is undeniably worth investing some time into studying how to achieve best results through negotiation.


Whether you are a plaintiffs' lawyer or defense lawyer, you should know the basics of structured settlements. ...


Every lawyer should know what a structured fee is and what it is not. ...


Entertainment & Sports, Constitutional Law

Paparazzi law limits our First Amendment rights

Dec. 25, 2013
By Nary Kim, Andrew J. Thomas

The Legislature has a love-hate relationship with freedom of the press, depending on who's advocating for change.


Labor/Employment

You don't need a weatherman to know it's wrong

Dec. 24, 2013
By Thomas L. Dorogi

I was stunned to read "Television station's decision to choose 'young attractive females' to fill vacant weather anchor positi...


Government

The fact is that American cities built trolley car lines, then paid good money to destroy them, and now are spending more good...


Criminal

Discovery when deputies break bad

Dec. 24, 2013
By Konrad Moore

The LA Sheriff's Department hired dozens of deputies even though background investigations found they had committed serious mi...