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Criminal, Government

Gov. Gavin Newsom made history by declaring a moratorium on executions in California and even tweeting out images of the execu...


Administrative/Regulatory, Criminal, Government, Insurance

Marijuana may present the most combative clash between federal and state law today. California legalized medical marijuana in ...


9th U.S. Circuit Court of Appeals, Intellectual Property, U.S. Supreme Court

Restoring balance to software copyrights

Mar. 22, 2019
By Peter S. Menell, David O. Nimmer

Our previous article addresses the substantive defects of the U.S. Court of Appeals for the Federal Circuit’s rulings in the O...


Ethics/Professional Responsibility, Law Practice

How not to be a lawyer

MCLE
Mar. 22, 2019
By Mark L. Tuft

A lawyer who finds himself in a situation of having to turn on his client in an attempt to justify his own intentional miscond...


Ethics/Professional Responsibility, Law Practice

Arbitration of malpractice claims is alive and well

Mar. 22, 2019
By Brian Slome, Kenneth C. Feldman

At the minimum, clients should have the choice of going to binding arbitration. If they don’t want to go arbitration in the fu...


Administrative/Regulatory, Government

In what appears to be a massive power grab, the Bureau of Cannabis Control recently approved regulations which override all lo...


Alternative Dispute Resolution, Law Practice

Dealing with a challenging client during mediation

Mar. 22, 2019
By Peter J. Polos

While mediation has certainly gained popularity among civil litigators in California, our clients are not always easily convin...


Intellectual Property, U.S. Supreme Court

Justices need to hear Oracle v Google

Mar. 21, 2019
By Peter S. Menell, David O. Nimmer

A matter of blockbuster significance is the subject of a current petition for certiorari. The case is Oracle v. Google. We sub...


9th U.S. Circuit Court of Appeals, Constitutional Law, Government, U.S. Supreme Court

Courts’ historical struggles with citizenship renunciation

Mar. 21, 2019
By John S. Caragozian, Donald E. Warner

The federal government’s ignoble mass imprisonment of Japanese-Americans during World War II has a postscript: In 1944 and 194...


9th U.S. Circuit Court of Appeals, Government

The 9th Circuit recently upheld a Santa Monica ordinance regulating short-term rentals companies. This decision is a win not j...


Law Practice

Legal education is bouncing, but not back

Mar. 21, 2019
By Frank H. Wu

People ask me all the time now if I believe legal education has "bounced back." I am convinced it has bounced, but I doubt it ...


Constitutional Law, Government, U.S. Supreme Court

An unlawful presidential act

Mar. 20, 2019
By Erwin Chemerinsky

President Donald Trump is acting in an unconstitutional and unlawful manner in spending $8 billion to build a wall without con...


California Courts of Appeal, Constitutional Law, Criminal

The schizophrenic Sixth

Mar. 20, 2019
By Brian M. Hoffstadt

The Bible may say, “No one can serve two masters.” But do these words of wisdom apply to the Sixth Amendment’s right to counsel?


California Supreme Court, Judges and Judiciary

Justice Brown and the old ACLU

Mar. 19, 2019
By Mitchell Keiter

As a former chambers attorney for California Supreme Court Justice Janice Rogers Brown, I was surprised to read about her cons...


9th U.S. Circuit Court of Appeals, Government

The 9th U.S. Circuit Court of Appeals upheld the city of Santa Monica’s ordinance regulating short-term vacation rental of res...


Administrative/Regulatory, Banking

In early January, Chinese blockchain security firm SlowMist and U.S.-based cryptocurrency exchange Coinbase separately announc...


Securities, U.S. Supreme Court

Last June, Ray Lucia won big at the U.S. Supreme Court. Yet Lucia finds himself once again facing SEC proceedings before a jud...


Constitutional Law, Government, Immigration

The Census battle continues

Mar. 18, 2019
By Kaylan Phillips

In a case where the unusual has become the norm, all eyes will be on the Supreme Court to see if or how it addresses the Calif...


Appellate Practice, California Supreme Court, Civil Litigation

Projected admissibility

Mar. 18, 2019
By Curtis E.A. Karnow

A July 2017 paper on quantum mechanics suggests the future influences the present. Our Supreme Court appears to have to come t...


Law Practice, Civil Litigation

To err is human, to sometimes forgive is CCP Section 473(b)

Mar. 18, 2019
By Stephen J. Squillario

Fortunately, the Code of Civil Procedure offers a potential escape hatch when an attorney’s mistake, inadvertence, surprise, o...


Appellate Practice, California Supreme Court, Civil Litigation

Proper submission of pre-trial evidence: The twin hurdles

Mar. 18, 2019
By Kasey Curtis, Charles Hyun

The term “admissibility” typically refers to evidence introduced at trial. A concept that is perhaps more nuanced, but typical...


Appellate Practice, Law Practice

Writ review

MCLE
Mar. 18, 2019
By Donald Horvath

of summary adjudication and summary judgment orders


Constitutional Law, Criminal

Newsom’s executive order violates promise to voters

Mar. 15, 2019
By Michele A. Hanisee

During his campaign Gov. Newsom promised that although he does not support the death penalty, he would not interfere with the ...


Real Estate/Development, Tax

The new tax law created an incentive program which encourages investors to make long-term financial investments in opportunity...


Tax

Protect your passport from the IRS

Mar. 15, 2019
By Robert W. Wood

The IRS can't take your passport exactly, but it can tell the State Department to do so. Whether this is a good idea can be de...


Constitutional Law, Criminal

Death penalty order creates as many problems as it solves

Mar. 15, 2019
By David A. Carrillo, David Aram Kaiser

Governor Gavin Newsom's moratorium on executions was hailed in many circles for halting a death penalty process in California ...


Government, Labor/Employment

SB 142: More lactation accommodations or just more litigation?

Mar. 14, 2019
By Michael J. Nader, Jill L. Schubert

Proposed law may actually impede lactation accommodations for working mothers and promote litigation.


California Supreme Court, Government, Labor/Employment

While the California Supreme Court chose not to revisit the rule in the recent Cal Fire case, it could choose to do so in thre...


Civil Litigation

Litigation is critical to opioid crisis response

Mar. 13, 2019
By Nora Freeman Engstrom, Michelle M. Mello

The opioid problem is monstrous and tentacular. Litigation is a critically important component of the response to the crisis: ...


Appellate Practice, Civil Litigation, U.S. Supreme Court

The Supreme Court holds that there are no equitable exceptions to Rule 23(f)’s 14-day deadline to file a petition for permissi...