Tax
Exchanging California for out-of-state property creates extra 1031 hurdles
By Robert W. Wood
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 ...
Currently pending before the California Supreme Court is an issue that calls into question the motivations of California offic...
Corporate, Criminal, Securities
Census case teaches us that facts still matter, at least in the courts
By Cody S. Harris
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
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
Best practices for mediating cyber insurance claim disputes
By Daniel B. Garrie
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
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
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
Under the new ethics rules, are lawyers ever off the clock?
By Wendy L. Patrick
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
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...
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'
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
Bar offers opinions on ethically advising cannabis clients
By Wendy L. Patrick
The California State Bar Ethics Committee recently joined the discussion regarding legal services to cannabis clients in a pro...
As an interested observer, I have made two claims about the legal profession. They both have, as any description should, a bas...
Insurance
The new Restatement of the Law, Liability Insurance: a primer
By Kirk A. Pasich
After a years-long drafting process, for the first time, the American Law Institute has spoken on the subject of liability ins...
Haw probate become somewhat of an historical artifact like the horse and buggy? Hear me out.
Government, U.S. Supreme Court
High court decision is a game changer for land use litigation
By Derek P. Cole
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
Legislation would create strict liability for some data breaches
By Anita Taff-Rice
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?
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
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
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
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
Billionaires join forces in unlikely anti-war partnership
By Ali Batmanghelidj
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
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
Supreme Court Justice John Paul Stevens and climate change
By Daniel A. Farber
The Supreme Court justice, who passed away last week, was breaking new ground while staying true to legal principle
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
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
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
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
The hidden cost of California’s bar exam passing score
By Jackie Gardina
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
Taking the Fifth and parallel criminal and civil proceedings
By Joshua M. Robbins
Given the impact that “taking Five” can have in parallel civil and criminal proceedings, a working knowledge of its applicatio...