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Appellate Practice, California Supreme Court, Judges and Judiciary, Civil Litigation, U.S. Supreme Court

Tailoring the Emperor’s New Clothes

Aug. 14, 2017
By Brian M. Hoffstadt

Precedent sometimes rests upon a legal fiction, and persists until a later decision exposes the fiction for what it is.


9th U.S. Circuit Court of Appeals, Appellate Practice, Judges and Judiciary, Civil Litigation

Dos and Don’ts in the 9th Circuit

Aug. 11, 2017
By James Azadian, Cory L. Webster


Insurance, Civil Litigation

Insurance policies and breach of contract exclusions

MCLE
Aug. 11, 2017
By Shaun H. Crosner

Liability insurers frequently assert that contractual liabilities do not fall within their policies' insuring agreements, and ...


Ethics/Professional Responsibility, Law Office Management, Law Practice

All law firms are at risk of a cyberattack

Aug. 11, 2017
By J. Randolph Evans, Shari L. Klevens

For many attorneys, the concept of cybersecurity is completely foreign — frightening, perhaps. As evidenced in Part One of thi...


Constitutional Law, Government

Equal treatment for nonprofit and traditional media

Aug. 11, 2017
By Jonathan Riches

The institutional press has no monopoly on the First Amendment — or on the collection and dissemination of information that th...


Tax

How not to deal the IRS? Just ask DMX

Aug. 11, 2017
By Robert W. Wood

When it comes to taxes, you might want to emulate Warren Buffett, or perhaps even Donald Trump, if you think either made a tax...


Tax

When the partnership or LLC pays the tax

Aug. 11, 2017
By Phil Jelsma

The IRS’s proposed regulations on the new centralized audit regime are looming — and have many people scratching their heads i...


Corporate, Law Practice

Seeking alignment with your fee model

Aug. 10, 2017
By Scott M. Wornow

Any billing structure that diverges from the prototypical hourly model is likely classified these days as “alternative.” But i...


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

Attorneys are now keeping their eye on court proceedings involving another provision of Section 2(a) — the “scandalousness” pr...


Criminal, Letters

I would like to point out a gross mischaracterization of facts in the Daily Journal’s Aug. 7 front page article, titled “Fraud...


California Supreme Court, Environmental & Energy, Government, Civil Litigation

Can the Metropolitan Water District of Southern California charge San Diego County more than the cost of providing the service...


Civil Rights, Criminal, Government

Releasing criminals is not the answer

Aug. 9, 2017
By Eric Siddall

California needs a comprehensive approach to lowering incarceration rates — a plan that will not only lower incarceration leve...


Appellate Practice, Constitutional Law, Environmental & Energy, Government, Civil Litigation, U.S. Supreme Court

Efforts seek to rein in Chevron deference

Aug. 9, 2017
By Davina Pujari, Vaneeta Chintamaneni


State Bar & Bar Associations, Judges and Judiciary, Law Practice

The case against a lower bar pass score

Aug. 8, 2017
By William F. Fahey

In discussing this issue with my colleagues on the bench, I have not heard that there is a shortage of lawyers in our state. N...


Criminal, Government

If Special Counsel Robert Mueller has opened a grand jury investigation, the witch has fallen from her broom and the dogs are ...


Civil Rights, Constitutional Law, Government, Immigration

Immigration bill isn’t likely to go far

Aug. 8, 2017
By Gabriel J. Chin

As promised during the campaign, President Donald Trump has backed legislation designed to reduce legal immigration. The RAISE...


Construction, Civil Litigation

Subcontractors and indemnity provisions

Aug. 8, 2017
By Garret D. Murai

What happens when a subcontractor’s employees are injured on a construction project, sue the general contractor, and the gener...


California Courts of Appeal, Judges and Judiciary, Law Practice

Fake

Aug. 7, 2017
By Arthur Gilbert

I was at a dinner party at a friend’s palatial mansion. There on the wall of the living room was Van Gogh’s “Vase with Fifteen...


Appellate Practice, Law Practice, Civil Litigation

Setting up an appeal — in the trial court

Aug. 7, 2017
By Myron Moskovitz

It’s up to you, the trial attorney, to make sure that your appellate lawyer gets a record that allows him to preserve your vic...


Judges and Judiciary, U.S. Supreme Court

Justice Hugo Black: the closet Klansman

Aug. 7, 2017
By James Attridge

What FDR didn’t know is that he had appointed a former Klansman who owed his political career to the power of the invisible em...


Tax

More criminal payroll cases coming

Aug. 7, 2017
By Robert W. Wood

As complex as our system is, many tax mistakes can be forgiven. Sure, you might still end up with civil penalties, depending o...


Health Care & Hospital Law

Mindfulness: What to Do When the Need for Help Arises

MCLE
Aug. 4, 2017
By A. Marco Turk

"Mindfulness" may be a buzzword these days, but it may also light the path to improving professional competence.


Corporate, Government, Civil Litigation

Bills will restrict consumer rights

Aug. 4, 2017
By Mike Arias, Elise R. Sanguinetti

Under the guise of so-called “tort reform,” congressional shills for corporate America’s abuses have introduced a series of bi...


Entertainment & Sports, Environmental & Energy, Civil Litigation

Snarky ACLU brief is rhetorically misguided

Aug. 4, 2017
By Robert L. Bastian Jr.

Why is the ACLU even involved in the defamation case against John Oliver, brought after his talk show “Last Week Tonight” did ...


Alternative Dispute Resolution

Floccinaucinihilipilification

Aug. 4, 2017
By Robert S. Mann

No, that’s not a typo; it’s a word that means “the act or habit of estimating something as worthless.” Reminds me of mediation.


Corporate, Environmental & Energy

Bills leave unresolved cap-and-trade issues

Aug. 4, 2017
By Joshua A. Bloom, Timothy D. Cremin

The extension of the cap-and-trade program is a major milestone for the state’s greenhouse gas reduction program. However, it ...


Criminal, Government, Letters

What does the Legislature want to do now to increase anarchy in our state? Let everyone out of jail by eliminating the bail sy...


Tax

It helps to have a payroll company to ensure that your payroll taxes get pain — that is, until the payroll company itself star...


Administrative/Regulatory

In June, the Brewers Association — a nonprofit trade association representing the craft beer industry — launched a new “Indepe...


Criminal, Government, Letters

In her July 24 column, Michele Hanisee, heralded the California Supreme Court’s decision concerning the interplay of Propositi...