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California Supreme Court, Government, Year in Review Column

It is significant that in the 60th anniversary year of the act, the California Supreme Court rendered four decisions setting f...


Civil Litigation, Year in Review Column

California courts continue to circumscribe anti-SLAPP motions

Dec. 7, 2023
By Douglas L. Johnson, Daniel B. Lifschitz

The California Courts of Appeal issued a substantial slate of precedential anti-SLAPP decisions in 2023, many of which helped ...


Joint filing can be more convenient and can usually save you tax money overall compared to two separate tax filings. But there...


Corporate, Securities

Preparing for activism after it arrives is too late

Dec. 6, 2023
By Leo E. Strine Jr., Elina Tetelbaum

Why a sound business strategy, investor engagement, and strong leadership are the best defense against activism.


Civil Litigation, Civil Procedure

A new conflict of law

Dec. 6, 2023
By Curtis E.A. Karnow

Interstate conflicts will play out in venue transfer motions, decisions on choice of law, motions to enforce sister state judg...


Constitutional Law, U.S. Supreme Court

If the Court looks to history and evaluates the common understandings of the Founding generation, it should find these attempt...


Ethics/Professional Responsibility, Law Practice

AI in legal practice: New California Bar guidelines

Dec. 6, 2023
By Merri A. Baldwin

The legal profession has become increasingly interested in using generative artificial intelligence (AI) in the practice of la...


Torts/Personal Injury

In any lawsuit even tangentially involving healthcare or a healthcare provider, the plaintiff’s attorney should always file wi...


Judges and Judiciary, U.S. Supreme Court

What I Learned From SO’C

Dec. 5, 2023
By Brian M. Hoffstadt

What I cherish most from my time with her, as well as from our more sporadic interactions in the many years since my clerkship...


Alternative Dispute Resolution


9th U.S. Circuit Court of Appeals

Ninth Circuit 2023 Appellate Roundup

Dec. 5, 2023
By Benjamin G. Shatz, Patrice Ruane

The 9th Circuit was presented with some fascinating appellate cases – particularly with cases about appellate standing, jurisd...


Corporate

The Corporate Transparency Act goes into effect Jan. 1, and underscores a paradigm shift – demanding a proactive approach from...


Law Practice, Year in Review Column

A season of giving billable hours only

Dec. 5, 2023
By George K. Rosenstock

The industry standard for pro bono hours – 20 hours per lawyer – is generally ignored by all but the largest law firms, the la...


Securities, Tax, U.S. Supreme Court

Preparing for the argument: Moore v. U.S.

Dec. 4, 2023
By Madison S. Spach Jr.

On Dec. 5, the Court will hear Moore v. U.S., a case that turns on whether Congress has the power to tax shareholders o...


Judges and Judiciary

A flicker of hope?

Dec. 4, 2023
By Arthur Gilbert

We all know that A.I. can call up so many more items of information than any human brain can. Some responses to my past column...


Torts/Personal Injury, Year in Review Column

Modernized recovery laws provide new incentive for medical malpractice lawyers, and could change the legal landscapes of Calif...


Torts/Personal Injury, Year in Review Column

The proliferation of claims and the increase in damage awards has increased the cost of insurance, putting additional financia...


Judges and Judiciary

On criticizing judges

Dec. 4, 2023
By Myron Moskovitz

When I represent an appellant, my job is to win a reversal. I do that without saying that the trial judge was stupid, l...


Law Practice, Year in Review Column

As virtually all industries migrate towards being more sustainable, lawyers have a crucial role to play in acting in the clien...


Government

Congress: Ukraine is still germane

Dec. 1, 2023
By William Slomanson

In an earlier era, the U.S. was initially reluctant to participate in World Wars I and II. But fascist dictators implemented i...


Alternative Dispute Resolution

How to select a mediator in three easy steps

Dec. 1, 2023
By Jeff Kichaven

It’s relatively easy for lawyers to determine the level of a prospective mediator’s knowledge of the territory. But be careful...


Ethics/Professional Responsibility

California Rule of Professional Conduct 8.3 and Business & Professions Code Section 6090.8 – the new lawyer “snitch” rules...


Contracts

The trap of being bound to a letter of intent

Dec. 1, 2023
By Louis A. Lipofsky

The Tiffany decision is an extreme example of a Court “strain[ing] to implement. . .[ parties] intent” to form a contract (cit...


State Bar & Bar Associations

Many legal services organizations and legal aid attorneys strongly support the proposed pilot creating a portfolio alternative...


Liquidated damages could undo a settlement agreement

MCLE
Nov. 30, 2023
By Abraham A. Khan

When a settlement agreement negotiated at a mediation includes liquidated damages, it may face heightened scrutiny, and a poor...


Administrative/Regulatory, Real Estate/Development

Don’t use the Coastal Act to abuse the Coastal Act

Nov. 30, 2023
By Frank P. Angel, Cooper Kass

Short-term rentals expand overnight stay opportunities for coastal visitors, but have sparked complaints from locals about inc...


Evidence

The little hearsay exception that couldn’t

Nov. 30, 2023
By Ashfaq G. Chowdhury

A recommendation to recognize an exception to the hearsay rule for a present sense impression lacked support, and § 1243 never...


Administrative/Regulatory, Constitutional Law

Is it time to reconsider Penn Central?

Nov. 29, 2023
By Michael M. Berger

We need to stop kidding ourselves. Penn Central isn’t working and it can’t be fixed. The way to put all of us — judges, regula...


Labor/Employment

How far do California’s new non-compete laws reach?

Nov. 29, 2023
By Walter C. Pfeffer

California’s new statutes on restrictive covenants create thorny issues for employers trying to determine who is actually cove...


Government, Judges and Judiciary

Where should we go from here?

Nov. 29, 2023
By James P. Gray

We should start by following the advice of my wonderful and even heroic deceased father, U.S. District Judge William P. Gray, ...