Choosing a leader is about choosing what type of follower you wish to be.
Alternative Dispute Resolution, Construction
Your position is interesting
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
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
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
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
Increased access to justice at the trial level should be matched at the appellate level
By Eric Wolff
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
The aftermath of California’s SB 50: meeting the challenges of affordable housing
By Cary Jones, Jenna Le
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
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
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
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
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.
Tax
Victims of California wildfires have complex tax issues to consider
By Robert W. Wood
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?
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
‘Approved as to form and content’ may bind counsel
By Steven H. Kruis
An attorney who signs a settlement agreement approving it as to form and content may be liable for breaching the agreement’s c...
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
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
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
Appellate Adventures, Chapter 11: “Any More Tips on Drafting a Statement of Facts?”
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Constitutional Law, Corporate, Criminal
Corporate probation resulting from a criminal conviction: an enigma
By George B. Newhouse Jr.
Mitt Romney once remarked that “corporations are people, my friend.” He was partly right. Corporations are like people, only d...
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
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
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
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!
By Louie H. Castoria
Ethical lawyer advertising can be like a high-wire act.
Civil Litigation
Remedies for the wrongful destruction of trees
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
High court's Kisor ruling: only a scene in a larger drama
By David DeGroot
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
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?
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...
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
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...