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Banking, Government

It’s still illegal at the federal level, so where there is business — and cannabis business is thriving — what are banks to do?


Appellate Practice, Law Practice

Minerva appeals

Apr. 2, 2019
By Benjamin G. Shatz

We might rightly believe that to give birth to an appeal, one absolutely must file a notice of appeal. That seems like a prett...


Appellate Practice, Judges and Judiciary

On dissents

Apr. 1, 2019
By Myron Moskovitz

What good is a dissenting opinion?


Entertainment & Sports, Civil Litigation

Baseball is back, and so is concern for spectator safety

Apr. 1, 2019
By Brian S. Kabateck, Joana Fang

As sports fans rejoiced the opening day of Major League Baseball, most were not thinking about the risks and potential dangers...


Law Practice, Civil Litigation

Social media discovery: 20 commonly asked questions (Part 1)

MCLE
Apr. 1, 2019
By Peter R. Boutin, George A. Croton

Unfortunately, courts, legislatures and practitioners have struggled in developing cohesive guidelines for keeping up with the...


California Courts of Appeal, Labor/Employment, Civil Litigation

Minimum wage applies to charter cities and all counties

Apr. 1, 2019
By Peter J. Brown, Megan Atkinson

A recent Court of Appeal ruling held that California’s state minimum wage applies to all public employers, including charter c...


Civil Litigation, Tax

The new tax math under President Donald Trump’s tax bill can be onerous.


Labor/Employment

As the gig economy continues to expand and businesses grapple with remaining legally compliant with the ever-evolving employme...


Ethics/Professional Responsibility, Law Practice

My big mouth!

MCLE
Mar. 29, 2019
By Neville L. Johnson, Douglas L. Johnson

Much of an attorney’s job is communication—but when can legal communication result in liability?


Alternative Dispute Resolution, Law Practice, Civil Litigation

In view of their existing budgetary constraints and limited resources, superior courts are incentivized to do everything in th...


Letters, Civil Litigation

Selective application of amendments to states no longer a viable argument

Mar. 29, 2019
By Bruce M. Brusavich, Robert S. Peck

Recent attempts to defend MICRA fall short.


Alternative Dispute Resolution

Moral disengagement and the college admissions scandal

Mar. 29, 2019
By Phyllis G. Pollack

With an understanding of moral disengagement, one can be better equipped to respond and work with parties to reach a just reso...


Ethics/Professional Responsibility, Law Practice

How to effectively address conflict issues in advance

Mar. 29, 2019
By David M. Majchrzak, Heather L. Rosing

Ironically, the risk of having an ineffective waiver is even greater when lawyers try to get out in front of the issue and obt...


Letters, Civil Litigation

In the first case upholding MICRA, the California Supreme Court quoted the preamble to MICRA, and it’s an important point.


Administrative/Regulatory, Environmental & Energy, Government

Agencies finally begin to address dangers of PFAS

Mar. 28, 2019
By Steven H. Goldberg, Leila Bruderer

This article provides background on polyfluoroalkyl substances, highlights recent regulatory developments and raises, as yet, ...


Administrative/Regulatory, Government, Labor/Employment

Under current regulations, employees primarily engaged in executive, administrative, or professional duties, and who receive ...


Intellectual Property, Civil Litigation

Secondary meaning

Mar. 28, 2019
By Victoria Burke

For the TL/DR audience, the takeaway from a recent trademark case brought by Converse is that when it comes to the importance ...


Criminal, Government

A sex work bill we can agree on

Mar. 28, 2019
By Jerald Mosley

Regardless of one’s legal, philosophical or moral views on sex work itself, it is not difficult to conclude that something has...


Administrative/Regulatory, Government

Deputy Associate Attorney General Stephen Cox recently highlighted and clarified several recent U.S. Department of Justice pol...


Administrative/Regulatory, Government

A hodge-podge: That's the current U.S. data privacy regime.


Constitutional Law, Government

Panel hears arguments over Trump tweets

Mar. 27, 2019
By John H. Minan

On Tuesday, a panel of federal appellate judges considered free speech rights in the context of President Donald Trump’s well-...


Civil Litigation

Despite recent reports, MICRA’s cap on noneconomic damages passes muster under the 7th Amendment right to a civil jury trial.


Ethics/Professional Responsibility, Law Practice

The opportunity for lawyers to mediate conflicting viewpoints and interests toward some broader vision of the public interest ...


Constitutional Law, Civil Litigation

Manufacturers may soon find themselves back in the hot seat after a March 14 decision from the Connecticut Supreme Court.


Judges and Judiciary

African-American women on the California bench: a history

Mar. 26, 2019
By Brenda Harbin-Forte

Brenda F. Harbin-Forte, a judge on the Alameda County Superior Court, has researched and written about African-American women ...


Administrative/Regulatory, Government

Moody's, one of the world's largest credit rating agencies, may be headed in the right direction. It announced last year that ...


Banking, Corporate, Securities

Strategies to become a successful emerging fund manager

Mar. 26, 2019
By Sara L. Terheggen

First-time funds have been growing at a healthy pace year over year with continued upward growth since 2013.


Administrative/Regulatory, Environmental & Energy, Government

Over the past few years, California has passed or strengthened several incentives to promote the more efficient production and...


Criminal, Government

As a defense attorney, I’m against the death penalty. But as a private citizen, I’m for it.


Criminal, Government

Newsom disrespects victims, their families and voters

Mar. 25, 2019
By John M.W. Moorlach

Justice. It means giving people what they deserve. For stone-cold killers convicted in the justice system, passed through the ...