Alternative Dispute Resolution, Civil Litigation
Successful mediations need the right players at the table
By Lars C. Johnson
But to be successful, it is important to set the stage properly. Among other things, the right players need to be at the table.
Probate
Avoid probate with clarity about which assets a trust controls
By Julia Craig Kelety
A good estate plan requires a clear understanding as to which assets are controlled by the trust terms. Counsel who rely on th...
It doesn’t appear that anyone worried too much about sexual harassment plaintiffs. In an employment context — and most such cl...
California Supreme Court, Government
Questions emerge after high court public records decision
By Christine Wood, HongDao Nguyen
How public agencies can manage new demands for electronic records.
Constitutional Law, U.S. Supreme Court
Will the ‘digital divide’ persist?
By Brian M. Hoffstadt
At the end of last term, the U.S. Supreme Court hammered a bit deeper the wedge it had previously inserted between electronic ...
California Courts of Appeal, Constitutional Law, Environmental & Energy, Government
Scope of government’s duty after groundwater ruling is unclear
By Jeremy B. Talcott
The 3rd District Court of Appeal recently ruled that the public trust doctrine can apply to groundwater extraction, but the co...
Alternative Dispute Resolution, Civil Litigation, Litigation & Arbitration
Create incentives for plaintiffs to choose arbitration
By David Horton, Andrea Cann Chandrasekher
A study of 40,775 cases administered by the AAA, JAMS, ADR Services, and Kaiser reveals why states should create incentives fo...
Corporate, Government
Legislation to impose gender quotas in boardrooms reflects international trend
By Maj Vaseghi, Sarah M. Ray
California Senate Bill 826 has passed the California legislature and is headed to the desk of Gov. Jerry Brown, who will have ...
Government
Pass Prop 10 to repeal Costa-Hawkins and restore local government’s authority to address the housing crisis
By Alison Regan
California is facing the greatest affordable housing crisis the state has ever experienced. Our largest cities are dominated b...
Family
Evolving definitions of the ‘date of separation’ in California
By Marina Manoukian
When dividing community property in a dissolution case, the determination of when the parties separated is key.
Administrative/Regulatory
Catch up with the California Consumer Privacy Act
By John A. Vogt, Jeffrey Rabkin
The recently enacted CCPA is one of the most comprehensive existing privacy measures in the United States. Earn MCLE credit le...
Did you know that the subatomic particle, the quark, derives its name from Joyce’s impenetrable novel “Finnegan’s Wake”?
As football is America's favorite spectator sport, it is not surprising that many football terms have crept into our everyday ...
Government, Civil Litigation
Whistleblower protections more robust after ruling
By Eric J. Buescher
For whistleblowers who file under state law, the protection and reward they are entitled to is more robust today because of a ...
Technology is released, someone figures out how to hack it, tech is updated, someone figures out how to hack that, and so the ...
Even if one grants that we humans have consciousness, how do we know it was not something implanted in our brains like a compu...
Ethics/Professional Responsibility, Law Practice
Using technology to prevent claims
By Shari L. Klevens, Alanna G. Clair
Adopting technologies can help lawyers reduce the risk or even the impact of the mistakes and client relations issues that can...
California steps in with its own net neutrality rules
By Anita Taff-Rice
All internet traffic may not be equal in the eyes of the Federal Communications Commission, but California legislators voted l...
Intellectual Property, Civil Litigation
Federal Circuit ruling may affect patent eligibility arguments
By Eric Zhou
A recent Federal Circuit opinion shows that not all improvements in computer and software-based claims will qualify as being t...
California Courts of Appeal, Construction, Civil Litigation
Are you sure that private project isn’t public works?
By Garret D. Murai
Even if a public entity does not directly construct or finance a project, a project may nevertheless be found to be a public w...
Government, Immigration
Older immigrants’ access to basic needs programs is at risk
By Denny Chan, Natalie Kean
Possible federal action imposes grave immigration consequences on older adults and their families for accessing public benefits.
Administrative/Regulatory
After fur bans, expect local animal protection laws to gain momentum
By Elizabeth Holtz
San Francisco’s law goes into effect in January, paving the way for it to become the largest city in the United States to ban ...
California Supreme Court, Ethics/Professional Responsibility, Law Practice
Clients get notice, period
By Samuel C. Bellicini
The unmistakable takeaways from a recent California Supreme Court ruling: (1) Clients get notice. Period. No exceptions. And (...
Administrative/Regulatory, Corporate, Criminal, International Law
Appellate ruling curtails FCPA accomplice, conspiracy liability
By Nathan J. Hochman
The 2nd Circuit recently ruled that the Foreign Corrupt Practices Act does not apply to nonresident foreign nationals, acting...
Constitutional Law, Intellectual Property, Civil Litigation
Is scandalous trademark bar unconstitutional, too?
By Ned Snow
The scandalous clause prohibits trademark registration of expression that offends a person’s conscience or moral feelings, whi...
Constitutional Law, Government
Emoluments suit helps Congress discharge its duty
By John H. Minan
Senator Richard Blumenthal and 200 other members of Congress have sued Trump in federal district court in Washington, D.C. to ...
California Supreme Court, Government, Civil Litigation
Referendum can lead to zoning inconsistent with general plan
By Stephen P. Graham
The California Supreme Court heldthat a referendum challenging a zoning ordinance amendment seeking to make the ordinance cons...
Law Office Management, Law Practice
Keep cyberthreats from ever entering your firm's system
By Paul R. Kiesel
By forcing your server to jump through these hurdles you are keeping the bad actors out. If you take nothing away from this ar...
Appellate Practice, California Courts of Appeal, Law Practice
Did you notice that this fact was not in the record on appeal?
By Benjamin G. Shatz
An appellate court's review is generally cabined by the universe of facts that were "before the trial court for its considerat...
These might be quibbles. Most of the Style Manual is helpful. I just needed to get this off (my chest). Or — coming soon — [my...