From ending the exploitation of wild animals in circuses to prohibiting the sale of fur, 2019 was a banner year for animal pro...
We have to worry about the consequences of putting bad federal judges on the bench. Unless the judiciary itself decides to ado...
Securities, U.S. Supreme Court
Supreme Court set to rule on legality of SEC’s use of disgorgements
By Jared L. Kopel
It is a classic situation: The Securities and Exchange Commission brings an action in federal court against an alleged frauds...
Any who would write and speak must read and listen.
Criminal, Government
PACT Act provides additional federal enforcement tools against extreme animal cruelty
By Bruce Wagman
What surprisingly remains permissible on the federal level is the actual act of animal “crushing.” That is, there is no specif...
Corporate
Activism in 2019: Late in the stages of an economic cycle
By Derek Zaba, Kai H.E. Liekefett
We will shortly be entering the 11th year of the current bull market. Over that period, there has been a dramatic rise in shar...
Real Estate/Development, Letters
The Tenant Protection Act Will not reduce homelessness
By James P. McBride
Thanks to Inner City Law Center Director Adam Murray for his piece published on Nov. 7 under the headline, “Best Way to end ho...
As the House Intelligence Committee begins impeachment hearings on Wednesday, I am struck by how many falsehoods are being utt...
Intellectual Property
Understanding the copyright small claims court law
By Dariush Adli
This article examines the key provisions of the Copyright Alternative in Small Claims Enforcement Act, along with criticisms a...
Whatever it takes
Criminal, Government
The LA County Public Defender’s Prosecution Office
By Marc Debbaudt
One take on the current race to be the next district attorney of Los Angeles County.
Construction, Civil Litigation
Privette won’t always shield general contractors from liability
By Garret D. Murai
The Privette doctrine holds that a higher-tiered party such as an owner or general contractor, is not liable for injuries sust...
We professors mislead students. Among the means of doing so is emphasizing law to the exclusion of fact. We have pedagogical r...
Corporate, Tax
In make-or-break tax audits, five reasons you really should hire counsel
By Dashiell C. Shapiro
It is the worst nightmare for many taxpayers: A letter from the IRS announcing that they are under audit. The moment that lett...
Real Estate/Development, Tax
Year-end tax planning for opportunity zone investors
By Phil Jelsma
Ready or not, tax time is looming. And as we enter the last two months of 2019, many opportunity zone investors and developers...
Administrative/Regulatory, Government
CalECPA and California’s digital privacy leadership
By Jacob Snow, Chris Conley
The landmark California Electronic Communications Privacy Act has had a broad impact in the four years since it was enacted, i...
Alternative Dispute Resolution, Judges and Judiciary
Life after life tenure
By Vaughn R. Walker
Where federal judges go after the bench.
Let’s face it, for better or worse, usually worse — lawyers like to be in control. In a lawyer’s perfect world, the testimony ...
California Courts of Appeal, Ethics/Professional Responsibility
Candor to the tribunal is now mandatory in California
By Gerald G. Knapton
A new day has dawned with the California Supreme Court’s approval of new Rule 3.3, Candor Toward the Tribunal, last November. ...
Attorneys should exercise caution when using social media
By Shari L. Klevens, Alanna G. Clair
Many attorneys still treat social media as a personal outlet that is distinct from their professional identity. Attorneys may ...
Environmental & Energy, Government
As California burns, inverse condemnation and cost recovery issues dominate California’s electric utilities’ legal framework
By Bradford B. Kuhn, Willis Hon
One of the main reasons inverse condemnation has received so much attention is because the majority of California’s electrical...
Environmental & Energy, U.S. Supreme Court
Will climate change nuisance cases be tried in state court?
By Darrin D. Gambelin, Monica Browner
A suit brought in Maryland state court last year against a group of 26 fossil fuel companies, is one of a series of similar ca...
Real Estate/Development, Government
Does cannabis activity provide ‘just cause’ for lease termination under California’s new Tenant Protection Act?
By Julie Hamill
While the rent cap applies retroactively to increases on or after March 15, 2019, the just cause requirements are not retroact...
Environmental & Energy, Tax
Tax worries over PG&E power shutoff lawsuits? You bet.
By Robert W. Wood
The power shutoffs, and whether those might be actionable, makes me think about taxes. Despite the protection of the bankrupt...
The late Honorable S.I. Hayakawa is among the curious characters of California’s recent past. Born in Canada to parents from J...
Real Estate/Development, Government
Best way to end homelessness? Prevent it from happening in the first place.
By Adam Murray
Because 150 people became homeless every day, homelessness rose by 12% last year. We will never end homelessness if we only he...
A Huntington Beach man’s latest attempt to change California’s alimony laws has brought the topic back into the headlines. Ste...
Corporate, Mergers & Acquisitions
The essential role for seller’s counsel in M&A negotiations
By Timothy R. Bowers, Andrew P. Dixon
While the expense associated with sophisticated M&A counsel may seem excessive, especially to first-time sellers, the real...
Environmental & Energy, Government, Civil Litigation
California’s cap and trade agreement with Quebec: Treaty with a foreign government?
By Joshua A. Bloom
The Trump administration, through the Department of Justice, has sued California, alleging that the state’s Quebec agreement i...
Environmental & Energy, Civil Litigation, U.S. Supreme Court
US Supreme Court set to determine the scope of the Clean Water Act
By Amanda D. Barrow
The justices will hear oral argument Wednesday in a closely-watched case could carve a gaping loophole in the Clean Water Act’...