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Judges and Judiciary

With the 75th anniversary of Pearl Harbor and 100th anniversary of John F. Kennedy's birth coming up, there's been renewed int...


Alternative Dispute Resolution

The preliminary conference, the first step in a commercial arbitration post arbitrator selection, offers a unique opportunity ...


Alternative Dispute Resolution

Avoid common errors made in mediation

Nov. 5, 2016
By Douglas E. Noll

Don't let the informality of mediation and the predictability of the process lead you into a false sense of mastery — lawyers ...


Tax

IRS expands definition of 'non-willful' conduct

Nov. 5, 2016
By Mitchell B. Dubick

At a recent tax conference, an IRS official provided an expansive definition of non-willful conduct, stating that even conduct...


GC Email

Forum selection clause rulings go rogue

Nov. 5, 2016
By Jahiz Noel Agard

Forum selection clauses are automatically invalid and unenforceable in ERISA cases, so say two federal district courts, buckin...


Law Practice, Civil Litigation

There are two types of objectors to class action settlements. At first, they look the same. On close inspection, however, it b...


Government

The fate of the Supreme Court

Nov. 5, 2016
By Barry P. Mcdonald

The fact that our fundamental law of the land will vary dramatically depending on the political party that appoints justices i...


Determining the date on which a potentially insured injury occurred can be relatively simple in a traditional insurance claim,...


Tax

Trump's aggressive tax opinion

Nov. 4, 2016
By Robert W. Wood

While the latest discoveries about the level of Trump's tax aggression probably will not change too many hearts or minds -- it...


Intellectual Property

Bar lowered for Lanham Act fee awards

Nov. 4, 2016
By Sharoni S. Finkelstein

Last week, the 9th Circuit reversed decades-old precedent when it abandoned its standard for awarding attorney fees in Lanham ...


Government

The ballot initiative, which aims to provide funding for the modernization of schools in California, enjoys bipartisan support...


U.S. Supreme Court

Both candidates should care about this case

Nov. 4, 2016
By Brianne Gorod

The U.S. Supreme Court's decision in NLRB v. Southwest General could have major implications for how quickly and effe...


Perspective

Our judiciary is under attack

Nov. 4, 2016
By Joseph W. Cotchett Jr.

As the election hopes of Donald Trump dim and the possibility of a Democratic Senate increase, Republicans, including Sens. Te...


Law Practice, Civil Litigation

Ensure that your clients pay your fees

MCLE
Nov. 4, 2016
By Lorraine M. Walsh

After spending countless hours, months and even years working on a case, the last thing you want to worry about is not getting...








Perspective

Ever since a major breach of a large bank in 2014, regulators have been working to craft regulations that impose higher techni...


Constitutional Law

The overlooked status of US nationals

Nov. 3, 2016
By Rose Cuison Villazor

Little is known about noncitizen national status. Historically, it is a story about racial exclusion, although today, its ongo...


Civil Rights

Disability awareness all day, every day

Nov. 3, 2016
By Thomas F. Coleman

For judges and attorneys who interact with litigants who have cognitive disabilities, every single day must be disability awar...


Perspective

The California Court of Appeal recently confirm that itemized wage statements need not include accrued vacation pay. By Robert...


Elder Law

A simple Google search reveals a plethora of articles explaining the robust protections of California's financial elder abuse ...


Perspective

New administration to steward over the next recession

Nov. 2, 2016
By Jonathan A. Michaels

Sadly, the time has come for an economic chill. Too many indicators suggest that the recovery has moved on, and that the natio...


Litigation

Following the U.S. Supreme Court's decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), many companies facing consumer ...


Real Estate/Development

Project protection comes in many forms

Nov. 2, 2016
By Tamara L. Boeck

Owners of development projects planning construction have several options to choose from to protect themselves as they evaluat...


Government

Clean energy programs attracting more investors

Nov. 2, 2016
By Joel Hugenberger

Property-assessed clean energy programs are attracting more investors and nonresidential customers as they become more widely ...


California Supreme Court

High court can save internet speech

Nov. 2, 2016
By Kevin L. Vick

The California Supreme Court has the opportunity to clarify that the law does not permit injunctive orders forcing social medi...