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Civil Rights, Government, Labor/Employment, Civil Litigation

More time for #MeToo victims

Sep. 20, 2018
By Genie Harrison

Powerful predators count on their power to act as a deterrent against their victims speaking out, by creating fear of further ...


California Supreme Court, Labor/Employment

Dynamex ruling detonates a common business model

Sep. 20, 2018
By Kerry Jackson

It didn’t take long for the decision to start claiming victims. Bottle & Barlow, a joint on trendy R Street in Sacramento ...


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

Damages on the high seas

Sep. 19, 2018
By David Russo, Lynn L. Krieger

The 9th Circuit said yes; the 5th Circuit and others said no. Now it is up to the U.S. Supreme Court to decide whether punitiv...


Administrative/Regulatory, Government, Health Care & Hospital Law

Some of the latest discussions about the privacy provisions of the Health Insurance Portability and Accountability Act that yo...


Family, Judges and Judiciary

If you stop by family court for an hour, you will see lawyered-up C-suite executives and self-represented day laborers sitting...


In a recent speech, Ajit Pai said that if an ISP was throttling services, everyone would know. Turns out he was right.


9th U.S. Circuit Court of Appeals, Judges and Judiciary

Don’t split up the 9th Circuit

Sep. 18, 2018
By Erwin Chemerinsky

The 9th Circuit is functioning fine. Dividing it will cause a host of additional costs and new problems.


Could Tesla be headed to bankruptcy?

Sep. 18, 2018
By Jonathan A. Michaels

It may be the top electric car manufacturer, but Tesla will need more than adrenalized enthusiasm to stay afloat.


California Courts of Appeal, Environmental & Energy

It is not surprising that the 3rd District extended public trust protections to groundwater through the "tributaries" approach...


Government, Judges and Judiciary, Law Practice

Legislation intended to relieve pressures on the court system could use a little more bite in order to get the job done.


Alternative Dispute Resolution, Government, Law Practice

A closer look at a couple new laws that affect law practice.


State Bar & Bar Associations, Criminal, Ethics/Professional Responsibility, Government

Accountability for prosecutorial misconduct

Sep. 17, 2018
By Jeff Adachi, Peter Calloway

Something rare is happening in San Francisco — a prosecutor who has been accused of misconduct is being tried by the State Bar...


Law Practice, Civil Litigation

The downsizing of the American civil trial

Sep. 17, 2018
By Nora Freeman Engstrom

Barrels of ink have been spilled investigating, eulogizing and variously mourning or lauding the "vanishing trial." But this i...


Government, Tax

A move by the IRS and Treasury Department this summer is likely to make it even easier for wealthy individuals to funnel dark ...


Government, Judges and Judiciary

Defamation on the campaign trail? Not in California

Sep. 17, 2018
By Mitchell J. Langberg, Matthew J. McKissick

A little-known California constitutional provision allows courts to overturn election results due to defamation if the losing ...


Appellate Practice, Government

My campaign manager

Sep. 17, 2018
By Myron Moskovitz

A good friend of mine passed away recently: Peter Tannenbaum, my campaign manager. Yep. A few years back, some fellow parents ...


Entertainment & Sports, Tax

Can Serena Williams write off fines?

Sep. 17, 2018
By Robert W. Wood

As with so much else in the tax world, it depends. No one likes fines or penalties, but deducting them on your taxes makes the...


In his recent column, Deputy District Attorney Eric Siddall complains that Senate Bill 1437 would not merely “abolish the appl...


Ethics/Professional Responsibility, Law Practice

Emotional distress damages and lawyer causation

Sep. 14, 2018
By Diane L. Karpman

When it comes to legal malpractice cases, there's rumor going around that "emotional distress damages" actually exist.


Alternative Dispute Resolution, Contracts

Creating settlement agreements that you can enforce

MCLE
Sep. 14, 2018
By Lars C. Johnson

In order to craft an enforceable settlement agreement at mediation, there are a few things to keep in mind.


Appellate Practice, California Supreme Court, Law Practice

There is a new kind of risk in California law that affects the way cases should be analyzed, on appeal, in trial, through sett...


Books

Though there is abundant talent floating about in fiction, poetry and memoir, few realize how true this also is of literary cr...


Constitutional Law, Government

Do members of Congress have standing to sue President Donald Trump for violating the foreign emoluments clause of the Constitu...


Judges and Judiciary, Labor/Employment, U.S. Supreme Court

The nominee and the NLRB

Sep. 13, 2018
By Michael H. Leb

Many politicians and activists claim that President Donald Trump’s Supreme Court nominee is anti-labor. But have they read Jud...


Environmental & Energy, Government

The California Coastal Commission's emerging requirements for shoreline development follow a new report predicting accelerated...


Government

Implementing the Brown Act in the digital age

Sep. 13, 2018
By Lauren B. Langer

Ongoing conversations online could inadvertently create serial meetings.


Entertainment & Sports, Intellectual Property

Last month, the musician Will.i.am lost a five-year battle against the USPTO attempting to register the mark #WILLPOWER in cla...


California Supreme Court, Labor/Employment, Civil Litigation

Unaccounted time: Reading the tea leaves of Troester

Sep. 12, 2018
By H. Scott Leviant, Lilit Ter-Astvatsatryan

It is the nature of the analysis supplied by Troester that suggests more is yet to be said about the implications of this prin...


Lawyers have to represent!

Sep. 12, 2018
By Frank H. Wu

Whether they reciprocate, or others join me in doing so, I will respect the lawyers who represent clients because they need th...


Criminal, Government

Should Gov. Jerry Brown sign into law Senate Bill 1437, criminals in California can no longer be punished for the natural and ...