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9th U.S. Circuit Court of Appeals, Entertainment & Sports, Intellectual Property

Katy Perry verdict: The carnage continues

Aug. 7, 2019
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

Aug. 7, 2019
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...


Judges and Judiciary, Law Practice

Don’t you think it’s time?

Aug. 7, 2019
By Michael J. Raphael

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

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

MCLE
Aug. 7, 2019
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...


Insurance

The case most often cited by insurers for their position that “arising out of” exclusions should be read broadly does not supp...


Appellate Practice

Stray Dancing

Aug. 6, 2019
By Benjamin G. Shatz

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

Aug. 6, 2019
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

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

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

Aug. 5, 2019
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?...


Law Practice

WHY?

Aug. 5, 2019
By Arthur Gilbert

August — the month that many of my readers are on vacation. So why write an August column? Other columnists take off a month o...


Government, Military Law

Disposable Warriors

Aug. 5, 2019
By Eileen C. Moore

We send them there. We break them. Then we take away their benefits.


Appellate Practice, Civil Litigation, Law Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


Alternative Dispute Resolution, Civil Litigation

“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

Aug. 2, 2019
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

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

Aug. 1, 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

This fall, the U.S. Supreme Court will hear a case that exposes the complications inherent in determining the “habitual reside...


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

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

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

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

Jul. 30, 2019
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

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

Jul. 30, 2019
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

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

Last month, the San Francisco City Council voted to prohibit city agencies from using facial recognition software on municipal...