Real Estate/Development, Tax
How the tax law increased housing costs in California
By Dan Teitelbaum
On June 11, the IRS dealt the final blow to attempts by blue states to circumvent a $10,000 cap on deductions for state and lo...
9th U.S. Circuit Court of Appeals, Letters, Education Law
Universities cannot shortcut the due process rights of those accused of sexual misconduct
By Timothy D. Reuben, Daniel R. Lahana
In the June 12 edition of the Daily Journal, David Urban wrote an article regarding Austin v. University of Oregon, 2019 DJDAR...
Entertainment & Sports, Civil Litigation
Spoiler alert: Spoiling a TV show may lead to legal action
By Maura Gierl, Robert A. Jacobs
Earlier this month, James Holzhauer’s 32-game winning streak on “Jeopardy!” came to an end. Before his final episode aired, ho...
Government, U.S. Supreme Court
Federal law is inadequate to address ‘deep fakes’
By John H. Minan
It is encouraging that the House Intelligence Committee is currently holding hearings on the problem and has issued a warning ...
Administrative/Regulatory, Corporate, Government, Civil Litigation
It’s about time to give FTC defendants a more fair shot
By William Rothbard
For too long, the system has been rigged against FTC defendants in asset freeze cases.
Family, Government, Health Care & Hospital Law, Military Law
How Veterans Affairs pension benefits can pay for elder care today
By Julianna M. Malis
Many veterans believe that government benefits are only available if they were wounded in combat or suffer from a disability r...
Constitutional Law, U.S. Supreme Court
Precedent and the Roberts court
By Erwin Chemerinsky
What weight will the Roberts court give to precedent? No issue is more important for the future of issues such as abortion rig...
Administrative/Regulatory, Civil Litigation
Suits claim Amazon Echo illegally recorded children
By Anita Taff-Rice
Two class actions filed earlier this month allege that Amazon’s smart speaker technology, Alexa, installed on Amazon’s Echo an...
Law Practice, Civil Litigation
Stepping into the void and preserving the jury trial
By Deborah Chang
For me, the top issues facing plaintiffs’ attorneys in 2019 are finding ways to encourage women trial lawyers to realize their...
Labor/Employment, Civil Litigation
A concerning trend in employment discrimination cases
By Carney R. Shegerian
A concerning reliance on an isolated 2014 California Eastern District case, Foster v. Bank of America, has found its way into ...
Law Practice, Civil Litigation
Civility in the courtroom is critical to trial lawyer success
By Gary A. Dordick
As trial lawyers we see ourselves as warriors for our clients’ cause. Gladiators fighting for justice. The courtroom is our ba...
9th U.S. Circuit Court of Appeals, California Supreme Court, Labor/Employment, Civil Litigation
Bill to codify Dynamex, like the court ruling itself, is an overreach
By Michael H. Leb
Assembly Bill 5 at the end of last year, which would codify the Supreme Court’s ABC test and apply in contexts beyond just cla...
Alternative Dispute Resolution, Government, Labor/Employment, Civil Litigation
Forced arbitration: How AB 51 could right many wrongs
By Mike Arias
A bill authored by Assemblywoman Lorena Gonzalez, Assembly Bill 51, would ensure employees have the option of taking their wor...
Law Practice, Civil Litigation
Jury selection tips in this charged political climate
By Gregory L. Bentley, Matthew W. Clark
Ultimately, the process of jury selection -- and the views, thoughts, and positions of prospective jurors -- is one of the mos...
Law Practice, Civil Litigation
Plaintiffs’ law in 2019: A particular set of skills
By Niall P. McCarthy
Practicing law as a plaintiffs’ lawyer in 2019 requires a very particular set of skills. Trial dates are further away, settlem...
For years insurance companies have had a practice of denying claims or rescinding policies on the basis that policyholders mis...
Criminal, Family
Strategic decisions to minimize risks in domestic violence actions
By Lisa H. Meyer, Marie A. LaMolinara
With so many considerations at play, of paramount importance is ensuring the time is taken to engage in detailed strategic dec...
Civil Litigation
Skylight falls at epidemic levels: Turning point for consumer safety
By Bruce A. Broillet
The problem has been so serious and so frequent that the U.S. Department of Labor began keeping statistics on skylight fall de...
Appellate Practice, California Supreme Court, Judges and Judiciary
Justice Carol A. Corrigan by the numbers
By Kirk C. Jenkins
Today, we’re continuing our series of analytics-driven profiles of each justice of the California Supreme Court in order of le...
Law Office Management, Law Practice
Law firm management, fantasy baseball style
By David L. Osias
Many baseball fans grew up learning about statistics like Batting Average, Runs-Batted-In and Home Runs. These were the Triple...
9th U.S. Circuit Court of Appeals, Appellate Practice, Law Practice
When drafting choice-of-venue clauses, check a map
By Karin Bohmholdt
The wrinkle in a recent 9th Circuit case? Although there is, of course, a federal courthouse serving Linn County, and cases fi...
Ethics/Professional Responsibility, Judges and Judiciary, Law Practice, Civil Litigation
4th District Court of Appeal Justice William Bedsworth on civility
By Marc D. Alexander
The struggle to promote civility in the profession is a never-ending one, and we should be thankful that Justice Bedsworth und...
Civil Litigation, Tax
Altera redux—Will it get another bite at the APA?
By Peter J. Connors
Earlier this month, the 9th Circuit issued its new opinion in Altera v. Commissioner. Like last year’s opinion, which was subs...
You won't find a better close-up audience experience to hone your trial skills than by watching and hearing the state's very b...
FCC’s ‘call blocking by default’ rules may create unintended consequences
By Artin Betpera, David Carter
The FCC recently adopted a declaratory ruling allowing carriers to automatically opt consumers into call blocking programs. Th...
Alternative Dispute Resolution, Government
Preserve LA’s Dispute Resolution Program
By Amy Alkon
For 30 years -- since Avis Ridley-Thomas founded it in 1989 -- the Dispute Resolution Program has been providing free mediatio...
Appellate Practice, Civil Litigation, Law Practice
Appellate Adventures, Chapter Nine: "Using the Record"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
California Supreme Court, Constitutional Law, Criminal
Justices appear split on how to address Brady/Pitchess tension
By Steven P. Graham, Jacob Madden
The California Supreme Court heard oral argument on June 5 in a case that has the potential to be the next significant change ...
Alternative Dispute Resolution, Appellate Practice, California Supreme Court, Civil Rights
MFAA versus CAA: Jurisdictional traps for the unwary in arbitration
By Gerald G. Knapton
In the last days of May two opinions were filed that explained and changed some of the rules for arbitration under the Mandato...
Criminal, Civil Litigation
The realities of court reporting in the 21st century
By Martin H. Block
Digital reporting has shown that it can effectively fill the gap caused by inadequate numbers of shorthand reporters and keep ...