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Section 1031 is one of the few tax Code sections everyone seems to know. It is even routinely used as a verb. It says that if ...


Criminal

Currently pending before the California Supreme Court is an issue that calls into question the motivations of California offic...


Corporate, Criminal, Securities

This year’s showdown over the Trump administration’s efforts to add a citizenship question to the census highlights an attorne...


Criminal, Judges and Judiciary, Civil Litigation

Excusing jurors for cause during jury selection

MCLE
Jul. 29, 2019
By Gregory L. Prickett

The objective of this article and self-study test is to review the law regarding excusing jurors for cause during jury selecti...


Alternative Dispute Resolution

Insurers have not settled on precedent policy language and there has been little case law on coverage disputes, creating an a...


Intellectual Property, Labor/Employment, Civil Litigation

California, Washington and Oregon agree UTSA applies to memory

Jul. 26, 2019
By Dylan W. Wiseman, David Adams

Now that Oregon has joined California and Washington in holding that employees may misappropriate trade secret customer lists ...


Alternative Dispute Resolution, Law Practice

How to kustomize your next arbitration

Jul. 26, 2019
By Robert S. Mann

If you read my columns on mediation and arbitration you know that I like cars. All kinds of cars, including what the car world...


Ethics/Professional Responsibility, State Bar & Bar Associations

Now that California has adopted its own version of ABA rule 8.4, Misconduct, it is increasingly apparent that an attorney´s of...


Contracts, Corporate

Rise of the cloud gamer: legal and business considerations

MCLE
Jul. 26, 2019
By Rusty G. Weiss, Maria A. Abesa

Judging from this year’s Electronic Entertainment Expo, 2019 might be the year cloud gaming surges to the forefront because ma...


Immigration

Lessons from the border

Jul. 25, 2019
By Eric B. Kingsley, Liane Katzenstein Ly

Armed with our law licenses and our laptops we flew to El Paso, Texas, and on Thursday morning we were greeted by a lawyer fro...


State Bar & Bar Associations, Ethics/Professional Responsibility

Technology, it is a-changin'

Jul. 25, 2019
By David M. Majchrzak, Heather L. Rosing

The recently released report from the State Bar Task Force on Access Through Innovation of Legal Services provides a window in...


Ethics/Professional Responsibility, State Bar & Bar Associations

The California State Bar Ethics Committee recently joined the discussion regarding legal services to cannabis clients in a pro...


Law Practice

As an interested observer, I have made two claims about the legal profession. They both have, as any description should, a bas...


Insurance

After a years-long drafting process, for the first time, the American Law Institute has spoken on the subject of liability ins...


Probate

Probate lite

Jul. 25, 2019
By James P. McBride

Haw probate become somewhat of an historical artifact like the horse and buggy? Hear me out.


Government, U.S. Supreme Court

Now that takings plaintiffs can immediately sue in federal court, many will no doubt choose to do so. Rightly or wrongly, supe...


Corporate, Civil Litigation

One of the reasons major corporations don’t seem to prioritize preventing data breaches is the lack of long-term consequences....


9th U.S. Circuit Court of Appeals, Civil Litigation, Corporate

Will the ban on restrictive covenants get even broader?

Jul. 24, 2019
By Anne Cherry Barnett, Michele Haydel Gehrke

In what could be an important first step to further expand the already broad reach of Section 16600, the 9th U.S. Circuit Cour...


Transportation

Accident shows need for e-scooter companies to do better

Jul. 24, 2019
By Michael E. Rubinstein

On July 12, British Youtube star Emily Hartridge was killed while riding an electric scooter on the streets of London.


Banking, Government

Navigating cannabis banking legislation: more questions than answers

MCLE
Jul. 24, 2019
By Nicole S. Phillis, Heather F. Canner

Without traditional banking services, cannabis businesses are forced to operate in all cash — maintaining piles of bills at th...


Tax

When it comes to the tax laws, ‘willfulness’ is quite broad

Jul. 23, 2019
By Robert W. Wood, Joshua D. Smeltzer

In taxes, willful and non-willful are different. Innocent tax mistakes can often be forgiven, maybe with no penalty. When ther...


International Law

Liberal financier George Soros and libertarian industrialist Charles Koch are joining together to finance a new foreign-policy...


Entertainment & Sports, Intellectual Property

Modernizing music licensing

Jul. 23, 2019
By Jacqueline C. Charlesworth

The typical consumer likely can’t name a product for which the federal government sets the price — let alone under a regulator...


Constitutional Law, Environmental & Energy

The Supreme Court justice, who passed away last week, was breaking new ground while staying true to legal principle


Constitutional Law, U.S. Supreme Court

Rub a dub dub

Jul. 23, 2019
By Brian M. Hoffstadt

There may now be three justices open to moving away from substantive due process as the basis for incorporating the rights the...


Constitutional Law

Twitter, Trump's public park

Jul. 22, 2019
By Edward C. Wilde, Michael S. Overing

Donald J. Trump, U.S. president and Twitter Superstar, may no longer block either critics or cranks from his Twitter feed. Rat...


Appellate Practice, State Bar & Bar Associations, Ethics/Professional Responsibility, Law Practice

California’s unique State Bar Court

Jul. 22, 2019
By Jennifer Teaford

California is the only state with a court whose judges are dedicated solely to considering attorney admission and discipline m...


Criminal, Judges and Judiciary

The power of collaborative courts

Jul. 22, 2019
By Michael K. Wendler

As a prosecutor in San Mateo County, I am proud of the county’s efforts in establishing successful collaborative courts. These...


State Bar & Bar Associations

Next week thousands of aspiring lawyers will sit for the California bar exam and, if the last few years are any indication, mo...


Corporate, Criminal, Civil Litigation

Given the impact that “taking Five” can have in parallel civil and criminal proceedings, a working knowledge of its applicatio...