9th U.S. Circuit Court of Appeals, Entertainment & Sports, Intellectual Property
Katy Perry verdict: The carnage continues
By Edwin F. McPherson
The 9th Circuit said that the “Blurred Lines case” was just one case. They said that it would not affect other cases. Many sai...
State Bar & Bar Associations
We must set a reasonable standard for passing the bar
By Jeffrey L. Bleich
Today, over 1,000 Californian bar applicants each year achieve a score that would qualify them to practice law in New York, Te...
Are we in the midst of a similar trend in formal legal writing, relaxing the use of contractions? Are the few judicial contrac...
Government, Health Care & Hospital Law
Senate Bill 78: California’s sweeping health care bill
By Ima E. Nsien
Governor Newsom recently approved a bill that modifies several California laws health care, including financial eligibility re...
Civil Litigation
Lopsided arbitration agreements and elder abuse
By Gregory M. McCarty
Elderly Californians and their families turn to 24-hour care facilities during their greatest time of need. Twenty-four hour c...
The case most often cited by insurers for their position that “arising out of” exclusions should be read broadly does not supp...
When it comes to appeals, it's best to dance with the one that brung ya.
Law Practice, Education Law
Why students study Shakespeare in law school
By Frank H. Wu
When higher education is reduced to return on investment, that decision requires an explanation. The assignment is to watch a ...
California Courts of Appeal, Construction
When homeowners can find themselves liable as an employer
By Garret D. Murai
As aptly stated by the California Supreme Court, “[i]t is doubtful the average homeowner realizes tree trimming can require a ...
Constitutional Law, Government, Letters, Tax
Tax return bill doesn’t trump constitutional rights
By Kris Whitten
The state law privilege protecting tax returns from disclosure noted the July 31 story titled “Tax return bill, aimed at the p...
Law Office Management, Law Practice
Managing law firm risk by embracing change
By Daniel O'Rielly, Dena Roche
In the long run, we are all dead, so why worry about the problems that have a slow burn and won’t impact the firm for a while?...
August — the month that many of my readers are on vacation. So why write an August column? Other columnists take off a month o...
We send them there. We break them. Then we take away their benefits.
Appellate Practice, Civil Litigation, Law Practice
Appellate Adventures, Chapter 12: "How Can I Use the Statement of Facts to Persuade?
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Alternative Dispute Resolution, Civil Litigation
Forewarned is forearmed: The growing trend of mock trials
By Kennen D. Hagen
“Find me an expert who lacks expertise.” While this may sound like an oxymoron, it is not an uncommon request when a law firm ...
California Supreme Court, Civil Litigation
A new class ascertainability standard
By Jeremy K. Robinson
This week the California Supreme Court announced the test for class "ascertainability" under California law: A class is ascert...
In recent weeks, one of the most hotly debated topics has been the treatment of Internal Revenue Code Section 1231 gains inves...
Administrative/Regulatory, Government
The changing relationship between state and local government in housing policy
By CJ Higley, Katy Tang
Conventional wisdom about local control notwithstanding, the acute need to increase housing production in California appears f...
Administrative/Regulatory, Government
Mid-year review: False Claims Act enforcement in 2019
By Jim Zelenay Jr., Sean S. Twomey
The False Claims Act has served as the principal tool for combatting fraud in government programs since the Civil War and, if ...
Family, International Law, U.S. Supreme Court
International custody cases: Follow the bouncing baby
By Maya Shulman
This fall, the U.S. Supreme Court will hear a case that exposes the complications inherent in determining the “habitual reside...
Family
Bullying and divorce: How it affects families with special needs children
By Nathalie Paluch
In special needs divorce, over-stressed primary caregivers can be pressured and bullied during a divorce to accept less than ...
Alternative Dispute Resolution, Labor/Employment, Civil Litigation
Fee shifting in ERISA cases: Considerations in mediation
By Bob Blum
There are important reasons for defendants to be wary that they may have to pay plaintiff’s legal fees. There also are ways th...
California Courts of Appeal, Insurance, Civil Litigation
Bad faith conduct, managing agent decisions justify punitive damages
By Shaun H. Crosner
Recently, the California Court of Appeal held that there was ample evidence to support a finding that an insurer’s regional li...
By the end of August, more than 10,000 taxpayers will receive letters, targets the IRS says it obtained through various ongoin...
Government, Immigration
The US risks abandoning legacy of refugee protection
By Robyn Barnard
Our country can uphold both national security and its commitment to refugee protection. Indeed, it's done exactly that for dec...
Corporate, Entertainment & Sports
Investing in films: Strategies to minimize risk
By Sara L. Terheggen
While Hollywood certainly has a way with appearances making it seem that every movie made is a smashing success, the reality i...
9th U.S. Circuit Court of Appeals, Labor/Employment, Civil Litigation
High court may examine arbitrator modification of CBA
By Monica Guizar
Last year, a split panel of the 9th Circuit partially affirmed an Arizona district court’s opinion upholding an arbitrator’s a...
Corporate
Leveraging corporate structure for impact
By Susan H. Mac Cormac, Jesse Finfrock
For-profit social enterprises can now choose from a variety of forms that enable them to balance social and environmental bene...
Labor/Employment
Dear fellow employment attorneys: Let’s not choose sides
By Gerald L. Sauer
Recently, I was taken to task by a defense-side employment attorney who assumed that my firm only did defense work but learned...
Constitutional Law, Government
Facial recognition ban shows legislation can protect privacy, too
By Daniel Woislaw
Last month, the San Francisco City Council voted to prohibit city agencies from using facial recognition software on municipal...