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Law Practice

Choosing a leader is about choosing what type of follower you wish to be.


Alternative Dispute Resolution, Construction

Your position is interesting

Jul. 19, 2019
By Robert S. Mann

“Mediation 101” teaches the importance of distinguishing between “interests” and “positions.” Trying to reconcile positions in...


State Bar & Bar Associations, Ethics/Professional Responsibility

What to do when you hear from the State Bar

Jul. 19, 2019
By Murray Greenberg

Previous articles in this series about handling State Bar complaints have brought us to the point where the disciplinary compl...


Alternative Dispute Resolution, California Supreme Court, Civil Rights

Say it like you mean it

Jul. 18, 2019
By Jan Frankel Schau

If a settling defendant wants to ensure confidentiality, the terms of that confidentiality should be explicitly spelled out, t...


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

Public injunctions remain alive and well

Jul. 18, 2019
By Ryan Wu

“There they go again,” moaned a number of Supreme Court watchers and appellate lawyers, as news came down of another apparent ...


Appellate Practice, Government, Law Practice

With its newly-passed budget, California is taking steps to give low income residents greater access to the trial courts. But ...


Real Estate/Development, Government

Senate Bill 50, introduced late last year by Senator Scott Wiener, proposed significant changes to California’s zoning laws wi...


Judges and Judiciary, Letters

Judge Real’s life lessons for young lawyers

Jul. 17, 2019
By Kris Whitten

Having read in the Daily Journal the recollections of practice before the recently deceased U.S. District Judge Manuel Real, i...


Constitutional Law, Corporate, Criminal, Letters

How to hold corporate scofflaws accountable

Jul. 17, 2019
By Gary Schons

There is a another remedy often employed in civil/quasi-criminal settlements between the government and corporate defendants.


Government

Preservation: The next frontier of affordable housing

Jul. 17, 2019
By James L. Hanger III

The current administration’s proposed federal budget threatens to eliminate or reduce several funding programs upon which many...


Law Practice, Legal Education

Externships: How to set up and host law student externs

Jul. 17, 2019
By Lisa Mead, Sue Schechter

Some advice for companies that are considering whether to take on a law student for an academic-credit learning experience.


Are they repairing or rebuilding their property, or selling and moving away, and what does their insurance cover? Another big ...


Intellectual Property, U.S. Supreme Court

When can profits be recovered in trademark infringement cases?

Jul. 17, 2019
By Sarah S. Brooks, Namita S. Dhawan

On June 27, the U.S. Supreme Court agreed to hear a case that may have profound and far-reaching implications for trademark law.


Law Practice, Civil Litigation

An attorney who signs a settlement agreement approving it as to form and content may be liable for breaching the agreement’s c...


Government

In May 2015, The Los Angeles Times Editorial Board asked readers, “Could you live in L.A. on $221 a month?” The answer then, a...


Constitutional Law, U.S. Supreme Court

Clarence Thomas wants to overrule huge bodies of law

Jul. 16, 2019
By Erwin Chemerinsky

One of the more notable themes of the U.S. Supreme Court's October 2018 term was how often Justice Clarence Thomas urged the o...


Accidental franchises: What you don't know can hurt your client

MCLE
Jul. 15, 2019
By Barry Kurtz, Katherine L. Wallman

Why should all business attorneys be concerned about franchise laws? Businesspeople and attorneys often are unaware that franc...


Appellate Practice, Civil Litigation, Law Practice

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


Constitutional Law, Corporate, Criminal

Mitt Romney once remarked that “corporations are people, my friend.” He was partly right. Corporations are like people, only d...


Judges and Judiciary

The Compassionate Side of Judge Manuel Real

Jul. 15, 2019
By Michael L. Stern

Judge Manuel Real was among the last of a vanishing breed of larger-than-life federal judges who run their courts in their own...


Singapore Mediation Convention signing in August

Jul. 12, 2019
By Thomas Klitgaard

On June 26, the United Nations Commission on International Trade Law approved the final draft of the Singapore Mediation Conve...


Entertainment & Sports, Government

Fair Pay to Play Act gains momentum

Jul. 12, 2019
By Aaron B. Swerdlow

While the debate over compensation for college athletes is nothing new, two senators from California have championed a bill th...


State Bar & Bar Associations, Ethics/Professional Responsibility

What to do when you hear from the State Bar

Jul. 12, 2019
By Murray Greenberg

The purpose of this series of articles is to show you what steps to take when contacted by the State Bar. While this might see...


Ethics/Professional Responsibility, Law Practice

To market, to market!

Jul. 12, 2019
By Louie H. Castoria

Ethical lawyer advertising can be like a high-wire act.


Civil Litigation

Remedies for the wrongful destruction of trees

MCLE
Jul. 12, 2019
By Paul D. Beechen

This article discusses causes of action for the wrongful destruction of trees, including a measure of damage that remains unte...


Administrative/Regulatory, Constitutional Law, U.S. Supreme Court

The death of federal court deference to agency interpretations of ambiguous regulations, commonly known as Auer doctrine, has ...


Appellate Practice, Law Practice, Civil Litigation

Prompt payment doesn’t waive your right to appeal

Jul. 11, 2019
By Eric S. Boorstin

Last week the governor signed Assembly Bill 1361, which will add Section 695.215 to the Code of Civil Procedure, clarifying th...


Administrative/Regulatory, Environmental & Energy, Government

Will the wave of PFAS litigation hit California?

Jul. 11, 2019
By Steven H. Goldberg, Leila Bruderer

In the last year, litigation involving per- and polyfluoroalkyl substances has spiked across the nation. To date this litigati...


Criminal

Diversion programs work: Shouldn’t there be more?

Jul. 11, 2019
By Lara Yeretsian

The Central District’s Conviction and Sentence Alternatives works, but since its inception fewer than 500 defendants have been...


Labor/Employment

More states are requiring cannabis companies to engage a union

Jul. 11, 2019
By Jinouth Vasquez Santos

As more and more states go green, the higher the likelihood that cannabis companies will need to engage a union. In particular...