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Law Practice, Civil Litigation

Creative uses of the 'high-low' agreement

Dec. 20, 2019
By Brian S. Kabateck, Serena J. Vartazarian

The “high-low” agreement is an often underutilized and misunderstood tactic, typically used in a jury trial to reach a settlem...


Ethics/Professional Responsibility, Law Practice

When duties of candor and confidentiality collide

MCLE
Dec. 20, 2019
By Shawn Shaffie

The State Bar recently released Formal Opinion Number 2019-200 to address how an attorney must proceed carefully in balancing ...


Ethics/Professional Responsibility, Law Practice

Former associate justice of the Supreme Court Potter Stewart (1958-1981) advanced a very simple but elegant description of eth...


Government, Letters

Using provocative language reflective of the impeachment debate in Washington, prosecutor Richard Ceballos — who was denied th...


Real Estate/Development, Tax

Although they are generally distinct sections with their own provisions, there is one possibility in which Section 1031 exchan...


Civil Rights

New initial disclosure, supplementation option

MCLE
Dec. 19, 2019
By William Slomanson

Effective Jan. 1, 2020, civil litigants will have the option of stipulating to the exchange of initial disclosure.


Administrative/Regulatory, Government

The hazy legal landscape of cannabis

Dec. 19, 2019
By Fredrick S. Levin, Daniel P. Stipano

In January 2018, Attorney General Jeff Sessions rescinded the Cole memos and directed prosecutors to pursue marijuana related ...


Banking, Corporate, Law Practice

Paths to privacy on the road to real estate transactions

Dec. 19, 2019
By Genevieve M. Larson, Kelina M. Smith

Finding efficient solutions for high profile clients


Civil Rights, Civil Litigation

Facebook is in the news again for a data breach, but this time it happened in a low-tech way. An old fashioned thief stole har...


Labor/Employment

While Senate Bill 188 specifically contemplated hair textures and hair styles associated with African-Americans, employers sho...


Civil Litigation

The crowdsourced jury

Dec. 18, 2019
By Brian M. Hoffstadt

Thanks to the internet, prospective litigants now have the additional option of “opting out” of dispute resolution by jury tri...


Criminal, Civil Litigation

AB 218: Overdue recognition of childhood abuses

Dec. 18, 2019
By Raymond P. Boucher

In enacting Assembly Bill 218, the California Legislature finally recognized what survivors of childhood sexual abuse suffer t...


Administrative/Regulatory, Government

The new law is the first of its kind and will attempt to establish cybersecurity standards for connected devices where none ha...


Civil Rights, Government

Proposed rule will make combating fair housing discrimination much harder

Dec. 18, 2019
By Nadia Aziz, Matthew F. Warren

Fifty years ago, President Lyndon B. Johnson signed the federal Fair Housing Act with the goal to “guarantee a basic American ...


Government, Labor/Employment

Pension reform options for California public agencies

Dec. 17, 2019
By Che I. Johnson, Lars T. Reed

California’s pension plans are dangerously underfunded, the result of overly generous benefit promises, wishful thinking and a...


Senate rules of procedure for impeachment trials

Dec. 17, 2019
By Charles S. Doskow

Like a suitcase you had forgotten you had that falls from the top of a closet and hits you in the head, we have now become sud...


Constitutional Law, Government, U.S. Supreme Court

The Supreme Court, Donald Trump and the rule of law

Dec. 17, 2019
By Erwin Chemerinsky

The cases before the U.S. Supreme Court on subpoenas for President Donald Trump’s financial records should be easily resolved ...


Alternative Dispute Resolution, Civil Litigation

Some thoughts on arbitration in the wake of AB 51

Dec. 17, 2019
By Michael H. Leb

On Dec. 6, a coalition of business trade associations filed a complaint for declaratory and injunctive relief in the Eastern D...


Criminal

Probation and restitution

Dec. 17, 2019
By Antonio R. Sarabia II

Being a crime victim is traumatic. As a result, it is not surprising that most crime victims are dismayed to hear that a defen...


Law Practice

You can be shy and successful

Dec. 16, 2019
By Frank H. Wu

I am compelled to say that to be shy is not to be rude. The traits are mistaken for one another.


Making sense of IRS Form 1099 in legal settlements

MCLE
Dec. 16, 2019
By Robert W. Wood

IRS Forms 1099 match income and Social Security numbers. Most people pay attention to these forms at tax time, but lawyers and...


Law Practice

On law schools, part 3

Dec. 16, 2019
By Myron Moskovitz

In my last column I endorsed Judge Curtis A. Karnow’s view that law professors are “disconnected” from the real world of law p...


Law Practice

Time moves on at Stanley Mosk

Dec. 16, 2019
By Michael L. Stern

Even close clock watchers may not have noticed that the giant clock atop the Stanley Mosk Courthouse in downtown Los Angeles i...


Corporate, Law Practice, Securities, Tax

The top 10 legal issues for startups

MCLE
Dec. 13, 2019
By Roger Royse

Startups are confronted with business and legal challenges from the day they are born, often exacerbated by the lack of a lega...


Corporate, Securities

Insider trading bill passes milestone

Dec. 13, 2019
By Jared L. Kopel

On Dec. 5 the House passed a bipartisan bill that for the first time expressly prohibits illegal insider trading. The Insider ...


Most Americans don’t enjoy filing or paying, but they do it anyway, and they pay up. If they can’t pay, they get in line and s...


Ethics/Professional Responsibility, Law Practice

The floodgates protecting truly professional conduct of the legal profession were opened on June 27, 1977, the day the U.S. Su...


When our polarized citizenry and courts cannot agree on common facts or law, it may be surprising to hear that Rule 1 of the F...


Regardless of the approach, it is important for the schools and the interested students to have a clear understanding of what ...


Books, Law Practice

The man to see was Edward Bennett Williams

Dec. 12, 2019
By Robert H. Bunzel

This is the third installment for the Daily Journal of histories for trial lawyers. Today’s subject is Edward Williams. When W...