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Appellate Practice, Law Practice

FREE MONEY!

Dec. 4, 2018
By Benjamin G. Shatz

Rather than strain to explain how the no-free-lunch maxim applies to appellate practice or the law generally, let’s just accep...


Law Practice

Remember legal paper?

Dec. 4, 2018
By Frank H. Wu

Putting pen to paper, because of the individual exertion, has persisted. I might be imagining it, yet I believe I am more thou...


Corporate

How to assure the board’s attention to cyber risks

Dec. 4, 2018
By Malcolm S. McNeil

Although traditionally directors have seen a high threshold for liability, it has been eroded both at the trial court level an...


Administrative/Regulatory, Criminal, Labor/Employment

California takes additional steps to stamp out trafficking

Dec. 4, 2018
By Michael W.M. Manoukian, Michael G. Congiu

In a state replete with regulation, California adopted two new laws aimed squarely at combating human trafficking.


State Bar & Bar Associations, California Supreme Court, Letters

No, we don’t need a Supreme Court bar

Dec. 4, 2018
By Gary Schons

Former California Supreme Court law clerk Christopher Hu suggests California could benefit from a “specialized high court bar,...


State Bar & Bar Associations, California Supreme Court, U.S. Supreme Court

The death knell for integrated bars?

Dec. 4, 2018
By Deborah J. La Fetra

Could last summer’s decision in Janus v. AFSCME, forbidding states from allowing unions to garnish wages of nonmember employee...


Judges and Judiciary, Law Practice

Thanks, and I mean it

Dec. 3, 2018
By Arthur Gilbert

This, my last column for the year, leans toward the sentimental, but I hope not the maudlin.


Criminal, Letters

About those low-income criminal defendants

Dec. 3, 2018
By Nathaniel J. Friedman

The Nov. 21 headline story on bail reform contained the following statement: “They’ve [billion dollar private equity firms] sh...


California Supreme Court, Civil Litigation, Education Law

Students and parents alike often rely on their university or college to provide services to enhance student safety and create ...


The year isn’t over yet. But in early 2019, when you sit down alone or with your accountant, is the $10,000 deduction cap with...


Appellate Practice, State Bar & Bar Associations, California Supreme Court, U.S. Supreme Court

A specialized bar for the California Supreme Court?

Dec. 3, 2018
By Christopher D. Hu

Is this one area where Washington, D.C. is actually worthy of emulation?


State Bar & Bar Associations, Letters

Just lowering ‘cut score’ ignores other factors

Dec. 3, 2018
By Arnold E. Sklar

I agree with Howard Miller on one point: The bar exam is to test minimum competence to practice law. I disagree with everythin...


Real Estate/Development, Administrative/Regulatory

Taken as a whole, these laws continue a significant trend toward increasing the expectations on local governments to make prog...


Books

A quest for reparations

Nov. 30, 2018
By Stanley A. Goldman

In his new book, "Left to the Mercy of a Rude Stream: The Bargain That Broke Adolf Hitler and Saved My Mother," Loyola Law Sch...


Alternative Dispute Resolution, Law Practice

Mediation can be an extremely constructive and fulfilling process resulting in a mutually agreeable resolution. However, resol...


International Law, Judges and Judiciary, Law Practice

Attorney-at-large Julie Kessler spoke to the Bailiff, Sir Richard John Collas, in his chambers in the Bailiwick earlier this ...


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

Judge Waddington runs through some of the most recent 9th Circuit cases that have been reversed by the U.S. Supreme Court.


Civil Litigation

The nature of contingency fees

Nov. 29, 2018
By Ian I. Herzog

Percentage-based legal representation has long-been an accepted method by which most ordinary consumers obtain legal represent...


During a speech delivered last month at the NYU School of Law Program on Corporate Compliance and Enforcement, Assistant Attor...


Intellectual Property, International Law

In recent years, the number of foreign companies litigating in China has surged with progressively more positive outcomes. The...


Alternative Dispute Resolution

Unfortunately, lawyers are seldom taught or trained in how best to communicate (other than with a jury or judge in the ultimat...


Civil Litigation

Northern District releases guidance for class action settlements

Nov. 28, 2018
By Michael W. Scarborough, Nadezhda Nikonova

The Northern District of California comprehensively updated its Procedural Guidance for Class Action Settlements on Nov. 1, 20...


Environmental & Energy, U.S. Supreme Court

In one of its early decisions this term, the U.S. Supreme Court decided to give us all a lesson in the proper use of the Engli...


Criminal, Civil Litigation

Hearsay and secondary sources

Nov. 27, 2018
By Frank M. Loo

A recent appellant ruling is a good review for both civil and criminal practitioners of the nuances of admissibility of docume...


Tax

Proposed regulations on gift and estate tax exemption

Nov. 27, 2018
By Megan Lisa Jones

On Nov. 21, the Internal Revenue Service and Department of Treasury issued Proposed Regulations Section 20.2010-1 to provide g...


Appellate Practice, Health Care & Hospital Law, Education Law

Last week, the California Court of Appeal rejected a challenge to California’s new immunization law. In June 2015, California’...


It has been quite a long time since I reviewed the iPad Pro. With the recent introduction of iPad Pro 12.9 and 11-inch, it is ...


Contracts, Entertainment & Sports

Entertainment contracts with minors: clarification needed

Nov. 27, 2018
By Neville L. Johnson, Douglas L. Johnson

While significant steps have been taken to protect both the interests of the entertainment industry and of the minors employed...


Appellate Practice, California Supreme Court

Issue and claim preclusion in the wake of Samara

Nov. 26, 2018
By Sarah Hofstadter

In a unanimous opinion issued earlier this year, the California Supreme Court made a major change in our state’s law in the ar...


California Courts of Appeal, California Supreme Court, Labor/Employment

As easy as “ABC,” but not exactly in California

Nov. 26, 2018
By Kevin D. Whittaker, Lara F. Graham

A recent ruling demonstrates that multiple tests for independent contractor status continue.