Administrative/Regulatory
California to create its own Consumer Financial Protection Bureau
By Stella Padilla
With Gov. Gavin Newsom’s view that “California’s economy and its people thrive when predatory business practices are policed,”...
California Courts of Appeal, Civil Litigation
Depublication effort fails to obscure ruling that encourages close scrutiny of fee requests
By Lee Mickus
The unlikely setting of a depublication request in a recent case reveals the extent to which California lemon law litigation h...
Land Use
Senate Bill 50 was the quickest way to encourage growth
By Alicia Guerra, Braeden J. Mansouri
The bill failed to garner enough necessary votes in the State Senate to send the bill to the Assembly. Authored by Sen. Scott ...
Probate
‘Tell me what you want, what you really, really want’: Placencia v. Strazicich
By Denise E. Chambliss, Ariel G. Siner
In a case of first impression, the California 4th District Court of Appeal recently held that a decedent’s will can be evidenc...
Civil Litigation, Law Practice
'Mechanical' analysis of attorney fees award in civil rights case results in partial reversal
By Marc D. Alexander
In a recent case, the trial judge in a civil rights case imposed a 90% haircut on fees, and a majority of a Court of Appeals p...
Ethics/Professional Responsibility, Law Practice
Key considerations for attorneys with multistate practices
By Shari L. Klevens, Alanna G. Clair
Recent decades have seen the rise of multijurisdictional practices as lawyers have taken advantage of new technologies to seam...
Administrative/Regulatory, Judges and Judiciary
Social Security due process hearings are under attack
By Ann Breen-Greco, Thomas W. Snook
Proposed changes to Social Security Administration disability hearings would undermine fundamental due process.
Bankruptcy, Environmental & Energy
Court approval of deal paves way toward PG&E’s reorganization
By David S. Kupetz
At a hearing conducted on Feb. 4, the bankruptcy court in the PG&E Chapter 11 case approved a settlement between PG&E ...
Family
The law and practice of litigating Marvin claims in a less-married millennium
By Patrick Freeman, Roxanne Makoff
The future is unmarried but entangled — fewer couples get married and more unmarried couples acquire property, pursue business...
Administrative/Regulatory, Government
Washington Privacy Act is latest piece of the privacy legislation puzzle
By Kamran Salour
Although California became the first state to enact a comprehensive privacy statute, it is unlikely to be the last. As more st...
Alternative Dispute Resolution, International Law
USMCA significantly overhauls NAFTA investor-state arbitration
By Thomas G. Allen, Franchiny Ovalle
Often referred to as the “New NAFTA,” the United States Mexico Canada Agreement brings significant changes to the investor-st...
The California Supreme Court just reopened the probate court to disinherited trust beneficiaries.
Criminal, Government
Boudin election as DA is consistent with larger trend
By Allison B. Margolin, Xochilt Gama
There is a pattern taking place throughout the entire country. More progressive individuals are running and being elected to ...
Alternative Dispute Resolution, Labor/Employment
Business favors mandatory arbitration at the expense of employees right to trial by jury
By Twila S. White
Mandatory arbitration agreements are used by employers to require employees, as a term and condition of employment, to agree t...
Administrative/Regulatory, Government
The online home for public interest groups should not be a private equity acquisition
By Cara Gagliano
What do the American Bible Society, Consumer Reports, Girl Scouts of the USA, and Sierra Club have in common? All of them use ...
Labor/Employment
Open competition: Trending noncompete litigation in California
By Nicholas Kanter, Tal Burnovski Yeyni
Many states in the United States permit contractual restraints on trade, provided the restraints are reasonable. California wa...
Intellectual Property
Rethinking artists’ moral rights in the age of social media
By Kimberly Almazan, Lauren Bursey
Artists’ moral rights, or the rights of creators of copyrighted work to protect and control the fate of their work, are arguab...
Constitutional Law, Government, Letters
Column was wrong on the rules of impeachment
By Richard A. Nixon
Even if something is not a crime, it could be a high crime? This non sequitur is outrageous on its face and cannot be true.
The military’s gay policy is still harming veterans
Civil Litigation
Facebook reaches largest privacy class action settlement
By Amanda Fitzsimmons
In what is the largest privacy class action settlement to date, Facebook Inc. announced that it will settle a high-profile law...
Real Estate/Development, Tax
Thought that failed Section 1031 exchange was taxable in 2019? Think again!
By Phil Jelsma
In fact, many investors who thought funds they received from Section 1031 exchanges last year are taxable and believe nothing ...
The judicial career of the recently-passed Los Angeles County Superior Court Judge Philip Saeta is one that deserves more than...
Last month’s column ended with an aphorism from Honest Abe about catching flies with honey. (But who wants to catch flies anyw...
Public Defenders are committed to the cause of justice for their clients. They fight vigorously to defend them. They work lon...
Civil Litigation, Construction
Ruling in defect case is a lesson in purchase agreement drafting
By Garret D. Murai
While the Court of Appeal’s decision is relatively straightforward it seems that its decision was grounded primarily on how th...
The time for recognition of a parent-child privilege has come.
Judges and Judiciary, Law Practice
Taking credit or blame for the future
By Arthur Gilbert
Consider to what extent an incident, a moment in our past, is significant within the endless chain of what we think is cause a...
California Supreme Court, Labor/Employment, Education Law
High court guidance on unemployment benefits public school employees
By Michael D. Youril, Laura Schulkind
In a recent decision the California Supreme Court established a framework for determining when public school employees are eli...
Lawyers sometimes think, “The judge was wrong. That evidence was not admissible. So I’ll win the appeal. All I need to do is w...
Intellectual Property
Do you have to disclose trade secrets to protect them?
By Samuel Yu
What specific trade secrets were stolen, and why should they be given any protection? These seem to be fair questions to ask a...