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Government, 9th U.S. Circuit Court of Appeals

The 9th Circuit recently upheld a Santa Monica ordinance regulating short-term rentals companies. This decision is a win not j...


Criminal, Constitutional Law, California Courts of Appeal

The schizophrenic Sixth

Mar. 20, 2019

The Bible may say, “No one can serve two masters.” But do these words of wisdom apply to the Sixth Amendment’s right to counsel?



Civil Litigation, California Supreme Court, Appellate Practice

Projected admissibility

Mar. 18, 2019

A July 2017 paper on quantum mechanics suggests the future influences the present. Our Supreme Court appears to have to come t...


The new tax law created an incentive program which encourages investors to make long-term financial investments in opportunity...



Judges and Judiciary, California Supreme Court

The funds may be used to defray the travel expenses of law students and graduate students needing to access archival materials...


In recent years, courts have shown little hesitation in imposing severe sanctions on attorneys if the court determines that th...



In the battle between desire for public access and environmental preservation, respecting property rights is the best solution


State Bar & Bar Associations, Law Practice, Judges and Judiciary

On Wednesday, in the first part of this series I urged dissolving barriers among members of the legal profession. Here, I note...



Intellectual Property, U.S. Supreme Court

The Patent Office’s new guidance aims to upend the Supreme Court’s decision in Alice v. CLS Bank on two fronts.


Judges and Judiciary, Law Practice

Congress never intended to allow these fees to be set so high.



Law Practice, Judges and Judiciary, State Bar & Bar Associations

Trial judges and appellate justices rarely interact across their courts. Judges and lawyers have sporadic, desultory contact a...


Alternative Dispute Resolution, Civil Litigation, California Supreme Court, California Courts of Appeal

Attorneys may be surprised to learn that there is no clear roadmap when it comes to employing the cost-shifting mechanisms of ...



This conundrum presents these attorneys with a veritable Sophie's Choice: assert their legal claims and disclose privileged in...


Military Law, Labor/Employment

Lawyers might want to keep in mind that what appears to be a run-of-the-mill employment situation may be anything but. When ve...



Civil Litigation, Law Practice

As of Jan. 1, 2019, a key component of settlement agreements in California — the release of unknown claims and waiver of Civil...


What are the ethical responsibilities of overzealous lawyers who seek to “win” at all costs (“Rambo tactics”), including the t...



Law Practice, Judges and Judiciary, Appellate Practice

Blind as a Bat

Feb. 4, 2019

On bats and rules for writing opinions, which I violate with agonizing regularity.


Constitutional Law, Civil Rights

Even if Mark Twain never actually said, “Whiskey is for drinking; water is for fighting over,” nowhere is this maxim better il...



U.S. Supreme Court, Military Law, Government

Remedies to the military sexual assault situation require attention by both Congress and the U.S. Supreme Court. Even a presid...


For the past six years (2013-2018), I have counted the number and type of motions that were heard in Department 15. I then pre...



Law Practice, Judges and Judiciary

Bookends

Jan. 7, 2019

This is my first column for the year 2019. It picks up some themes from my last column in 2018. You might consider the two col...


Environmental & Energy, Administrative/Regulatory

It is all but certain that the USDA and FDA will play a role in regulating various aspects of slaughter-free meat, but the det...



Military Law, Law Practice

Many civilian lawyers in California join the California State Military Reserve to serve and support the people of California.


U.S. Supreme Court, California Supreme Court, State Bar & Bar Associations

Could last summer’s decision in Janus v. AFSCME, forbidding states from allowing unions to garnish wages of nonmember employee...



Law Practice, Judges and Judiciary

Thanks, and I mean it

Dec. 3, 2018

This, my last column for the year, leans toward the sentimental, but I hope not the maudlin.


State Bar & Bar Associations, Law Practice

The State Bar of California is embarking on a comprehensive review of the discipline system for bias, including racial, ethnic...



Governor Edmund G. Brown Jr. today announced Joshua Groban as his choice for associate justice of the California Supreme Court.


Law Practice

On Oct. 17, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued Formal Opinion ...



Law Practice

Over the years I have participated in so many panel discussions that I lost count. But the panel I was on last week made an im...


Civil Rights, Constitutional Law

The U.S. government began regulating falconers and falconry practices in the 1970s. In 2008, the regulations were modified to ...