Ethics/Professional Responsibility, Law Practice
Spot warning signs in the quest for new clients
By J. Randolph Evans, Shari L. Klevens
In the never-ending search for new clients and more work, attorneys are often willing to overlook or explain away the warning ...
California Courts of Appeal, California Supreme Court, Government, Civil Litigation, Tax
It just got easier to pass local taxes
By Meriem L. Hubbard
Time will tell what a recent state high court decision means for local taxation. But it appears to make it easier to pass loca...
Bankruptcy, Corporate, Mergers & Acquisitions, U.S. Supreme Court
Justices to weigh complex M&A safe harbors
By Neal S. Salisian, Stephanie Chau
The Supreme Court’s grant of certiorari in a case is a clear indicator that it is ready to resolve the endemic circuit split o...
Government, Immigration
What the ‘wind down’ will mean for current DACA applicants
By Kathleen Spero
The end of the Deferred Action for Childhood Applicants program will affect almost 800,000 young people present in the U.S. wi...
California Courts of Appeal, California Supreme Court, Insurance
Punitive damages for failing to defend developer
By Roger C. Haerr
The California Court of Appeal recently affirmed in part a punitive damages award arising out of an insurer’s bad faith in ref...
Corporate, Government
SEC settlements can bring unintended consequences for CPAs
By Mark Mermelstein, Kevin Askew
A settlement with the Securities and Exchange Commission can, and often does, prompt aggressive disciplinary action by the Cal...
Corporate, Intellectual Property
Don’t wait to address common trademark issues for startups
By Jennifer Lee Taylor, Margaret Mayo
Choosing the right name for your company from a branding perspective is important. Equally important, however, is avoiding a n...
Government, Tax
California’s 13.3 percent tax rate can encourage wanderlust
By Robert W. Wood
California’s Proposition 55 extended the “temporary” 13.3 percent tax rate. How temporary is it? Just until 2030.
Government, Immigration
End of DACA is an opportunity for real immigration reform
By Kevin R. Johnson
By eliminating DACA Trump is giving Congress a historic opportunity for immigration reform. This is a chance for lawmakers to ...
State Bar & Bar Associations, Civil Rights, Law Practice
California’s bar pass score has a clear disparate impact
By Mitchel L. Winick
The disparate impact of the current minimum passing score is not being questioned. The State Bar’s own statistics appear clear...
California Courts of Appeal, California Supreme Court, Civil Litigation
Gravamen theory in anti-SLAPP
By Thomas A. Delaney
Yet another conflict may be looming on the proper analysis of mixed causes of action in the context of the anti-SLAPP statute.
Criminal, Government, Military Law
The kangaroo court martial of General William Hull
By James Attridge
On March 25, 1814, Hull became the only general in American history sentenced to death.
Constitutional Law, Government, U.S. Supreme Court
Pardon precedent: They cite it, but did they read it?
By Kris Whitten
The pardon of Joe Arpaio has caused the stir it was apparently intended to generate — and the Daily Journal recently published...
Administrative/Regulatory, Transportation
Solutions needed as self-driving cars speed towards the next level
By Jonathan A. Michaels
While fully autonomous “level 5” vehicles are still some time out, scores of automakers are already introducing level 2 (parti...
9th U.S. Circuit Court of Appeals, Bankruptcy, California Supreme Court, Civil Litigation
Spendthrift clauses get a new limitation
By Megan Lisa Jones
Ambiguities in the California Probate Code led to disagreements among courts. Under the current ruling, a bankruptcy estate is...
Appellate Practice, Law Practice, Civil Litigation
Filing the Notice of Appeal
By Myron Moskovitz
If you screw up this one, there is no appeal.
Civil Rights, Constitutional Law, Government
An assault on the freedom of the press
By Duffy Carolan
The UN high commissioner for human rights recently railed against President Trump for his attack on freedom of the press.
Back in the old days when I practiced law, I stumbled through rounds of combat with the IBM Selectric. To place the boxing ana...
Administrative/Regulatory, Corporate, Securities
What ‘finders’ need to know about California corporate law
By Harrison D. Finch
California now grants an exemption that allows individuals acting as “finders” to receive transaction-based compensation witho...
Administrative/Regulatory, Environmental & Energy, Government
Nature abhorrent vacuum
By Clark Morrison
How California is filling the void in federal environmental regulation.
State Bar & Bar Associations, Judges and Judiciary
Judges need constructive feedback
By James P. Gray
One thing that is lacking in our justice system is an institutional means to provide constructive feedback to our judicial off...
Government, International Law
NAFTA negotiations: Rebooting free trade in North America
By James M. Cooper
The second round of renegotiation of NAFTA begins in Mexico City on Friday, only two weeks after the first round was concluded.
Alternative Dispute Resolution, Civil Litigation
Navigating Riverside’s complex departments
By Stacy La Scala
For years, complex civil matters in Riverside County were somewhat randomly distributed to departments throughout the county.
9th U.S. Circuit Court of Appeals, Administrative/Regulatory, Constitutional Law, U.S. Supreme Court
Saving fishers from California’s discrimination
By Greg Herbers
The U.S. Supreme Court has a chance to set things right by granting certiorari in a case involving California’s commercial fis...
Appellate Practice, California Courts of Appeal, Labor/Employment, Civil Litigation
Strategic delay in compelling arbitration deemed waiver of right against class
By Sherry L. Swieca
By deciding not to compel arbitration against the named plaintiff, a defendant in a putative class action can waive its right ...
Constitutional Law, Government
The president’s pardon power: all over the map
By James Attridge
President Donald Trump most certainly did not invent the dubious pardon.
Administrative/Regulatory, Civil Litigation, Securities
Life sciences companies under attack by plaintiffs' bar
By Neal A. Potischman, Brian Weinstein
According to Cornerstone Research, at midyear the number of filings against pharmaceutical companies already had eclipsed the ...
9th U.S. Circuit Court of Appeals, Corporate, Civil Litigation, U.S. Supreme Court
Spokeo ruling is important for consumers, employees in California
By Lauren Willis
Today, whether you will be given a job interview or apartment, or how much you will pay for a loan or car insurance, often dep...
Intellectual Property, Civil Litigation
Trade dress lawsuits are in fashion these days
By Victoria Burke
Two cosmetic companies have filed trademark infringement lawsuits in California district courts for the alleged duping of lips...
Constitutional Law, Government, Letters
Presidential pardons and the separation of powers
By James Ware
Dean Erwin Chemerinsky asks, was President Donald J. Trump’s pardon of Joe Arpaio a violation of the separation of powers doct...