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Criminal, Tax

Tax tips from prison: Don’t lie to IRS

Oct. 9, 2017
By Robert W. Wood

Consider the recent case of a Catholic priest for the Roman Catholic Diocese of San Jose. He was sentenced to 36 months in pri...


Administrative/Regulatory, Government, Securities

SEC goes after its first initial coin offering

Oct. 6, 2017
By David W. Adams, Edmund J. Zaharewicz

On Sept. 29, the SEC issued its first civil complaint against two companies and their founder for violating anti-fraud and re...


Corporate, Labor/Employment, Civil Litigation, U.S. Supreme Court

Yellow dog contracts, ‘jiggery-pokery’ and the FAA

Oct. 6, 2017
By Linda S. Klibanow

As Justice Breyer intimated, a Supreme Court decision allowing employer prohibitions on employee class actions would "overturn...


9th U.S. Circuit Court of Appeals, Appellate Practice, California Courts of Appeal, Civil Litigation

Abraham Lincoln advised attorneys: "Discourage litigation. Persuade your neighbors to compromise whenever you can." Over a cen...


Judges and Judiciary, Civil Litigation

Senate Bill 33 amends Code of Civil Procedure Section 1281.2 to provide an additional instance when a court can make a determi...


Corporate, Law Practice, Civil Litigation

One-stop shop for business and commercial litigation

Oct. 6, 2017
By Brad D. Brian, James C. Rutten

Wouldn't it be nice to have everything one needs to know collected in one place? Enter "Business and Commercial Litigation in...


Alternative Dispute Resolution, Law Practice, Civil Litigation

Three tips for attorneys acting as neutrals

Oct. 6, 2017
By J. Randolph Evans, Shari L. Klevens

Increased competition and sluggish demand for legal services has meant that attorneys and law firms are exploring different wa...


Constitutional Law

Condition precedent: the decision to act

Oct. 5, 2017
By William Slomanson

Assuming the pen is mightier than the sword, it is my hope that others will respond by doing something to ameliorate the pain ...


Probate

Notice of proposed action can protect trustees

Oct. 5, 2017
By Megan Lisa Jones

Families will always fight, and many of these disputes arise over money. This threat only increases with death, when the origi...


Constitutional Law, Entertainment & Sports, Government, U.S. Supreme Court

Working with free speech

Oct. 5, 2017
By Jean-Paul Jassy

Sometimes a free speech issue is just a speech issue, and not a First Amendment issue. Other times, free speech issues harbor ...


Ethics/Professional Responsibility, Insurance, Law Practice

The role of attorneys when disasters strike

Oct. 5, 2017
By Richard A. Hamar

Nine days after Hurricane Irma directly struck the Keys, I was witnessing what would be its worst of many days to come. Homes ...


Administrative/Regulatory, Government, Transportation

A federal judge recently held that portions of the city of Newton, Massachusetts's ordinance attempting to regulate unmanned a...


Law Practice, Civil Litigation

It’s no accident that the leading advocates of increasing barriers to litigation are representatives of industries whose busin...


Contracts, Corporate, Civil Litigation

Drafting mandatory forum selection clauses

Oct. 4, 2017
By Theresa M. Troupson

Contracting parties might agree to a forum selection clause for any number of reasons: to ensure favorable legal precedent, to...


Appellate Practice, California Courts of Appeal, California Supreme Court, Civil Litigation

Can an expert rely on hearsay case-specific facts for purposes of reaching an opinion as long as the expert does not relate th...


Corporate, Intellectual Property, Civil Litigation, U.S. Supreme Court

Patent venue after TC Heartland

Oct. 4, 2017
By Elise Edlin

While some courts held that physical presence in the district is not required, others determined that it is. The Federal Circu...


9th U.S. Circuit Court of Appeals, Corporate, Labor/Employment, Civil Litigation, U.S. Supreme Court

Arguments note benefits of bilateral arbitration

Oct. 4, 2017
By Wendy Mcguire Coats, Megan E. Walker

At oral argument on Monday, counsel for the respondent employees confirmed that if the U.S. Supreme Court affirmed the cases b...


State Bar & Bar Associations, Letters

How about a qualified license to practice law?

Oct. 4, 2017
By Mitchell Keiter

Applicants scoring at a specified intermediate level should receive a qualified law license to represent underserved clients.


9th U.S. Circuit Court of Appeals, Administrative/Regulatory, Civil Litigation

Sugar beverage ruling may provide defense in Proposition 65 cases

Oct. 4, 2017
By Steven L. Feldman, Steven L. Crane

The 9th Circuit's ruling in the recent case challenging San Francisco's sugar-sweetened beverages ordinance could provide a de...


Administrative/Regulatory, Government, Labor/Employment

In the final installment of this two-part series, I will discuss several more of the employment-related bills that could soon ...


Administrative/Regulatory, Criminal, Government

SB 345 would require state and local law enforcement agencies to conspicuously post online their current standards, policies,...


Administrative/Regulatory, Constitutional Law, Government, Immigration, Judges and Judiciary, U.S. Supreme Court

Judge's 'heartless' claim is flawed

Oct. 3, 2017
By John C. Eastman

We’ve known for a long time that some members of the judiciary rule from emotion rather than the law, but in most instances, t...


Appellate Practice, Judges and Judiciary, Law Practice

The end (v.1)

Oct. 2, 2017
By Arthur Gilbert

Did you know that some shows film alternate endings, to keep spoilers from getting out? All this electronic filing has me thin...


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

The First Monday

Oct. 2, 2017
By Blaine H. Evanson, Taylor W. King

Justice Ginsburg’s prediction of a “momentous” term may prove to be quite an understatement.


Appellate Practice, Judges and Judiciary, Law Practice, Civil Litigation

‘Realist’ or ‘formalist’: Part 1

Oct. 2, 2017
By Myron Moskovitz

I’ve long been a fan of Richard Posner, judge (and former chief judge) of the 7th U.S. Circuit Court of Appeals in Chicago. He...


Constitutional Law, Government, Labor/Employment, U.S. Supreme Court

Time to overrule Abood

Oct. 2, 2017
By Deborah J. La Fetra

The U.S. Supreme Court described laws that empower unions to coerce funds from non-union members as an “extraordinary state en...


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

State court jurisdiction over class actions

Oct. 2, 2017
By Anna Erickson White, Robert L. Cortez Webb

On the last day of the October 2016 term, the U.S. Supreme Court granted certiorari in Cyan v. Beaver County Employees Retirem...


Judges and Judiciary, Law Practice

Judging is hard (even for the temporary kind)

Oct. 2, 2017
By Thomas M. Hall

By putting files into court computers, vast amounts of paper files can be eliminated. But the system in L.A. County is new. Te...


Administrative/Regulatory, Corporate, Government, Labor/Employment

With 2,000 bills, some will affect employers

Oct. 2, 2017
By Pooja S. Nair


Labor/Employment, Tax

Taxes on severance pay can be unpleasant surprise

Oct. 2, 2017
By Robert W. Wood

Employers, employees and former employees can all experience unpleasant surprises when it comes to severance. Not everyone has...