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Government

A Sign of the times?

Jan. 31, 2023
By Kevin R. Johnson

The Monterey Park violence is viewed in many circles as a form of expressing disagreement. That view affects all of us as a na...


Environmental & Energy, Civil Rights

Religious liberty for all: a principle worth standing up for

Jan. 31, 2023
By Isabel Conrath, Jackson Grasz

Two students from the Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine prepared an

The Chatbot lawyer

Jan. 31, 2023
By Teresa J. Schmid

While the A.I. response is interesting, even thought-provoking, it is not on the mark. It mixed general ethics issues with tho...


Education Law

Public interest v. academic freedom

Jan. 30, 2023
By William Slomanson

Is unpublished academic correspondence a “public record” under the California Public Records Act that’s exempt from disclosure...


Legal Education, Education Law

If law schools are serious about recruiting students from diverse backgrounds and those who come from low socio-economic backg...


Government, Education Law

Public norms or private autonomy?

Jan. 30, 2023
By Rachel F. Moran

What we are witnessing in the federal courts is a battle over the extent to which private autonomy can trump public norms.


Government

The reasonably careful jaywalker

Jan. 30, 2023
By Rodney S. Diggs

Why did the chicken cross the road? Because he didn’t have to use a crosswalk to get to the other side.


Labor/Employment, International Law

Before remote work became so pervasive, it was very easy for foreign nationals to delineate between when they were working and...


Entertainment & Sports

Stream it tonight: Murder! (1930)

Jan. 27, 2023
By Paul Bergman, Michael Asimow

Murder! emphasizes the close relationship between adversarial trials and theatrical productions, a connection that date...


Ethics/Professional Responsibility, Ediscovery

It’s not “a discovery system” that’s the problem. It’s the participants’ behavior derived from a long-broken civil discovery c...


Intellectual Property, Contracts

How to avoid allegations of trade secret misappropriation in California

Jan. 27, 2023
By Eugene Y. Mar, Raven Quesenberry

Before you leave, check your employment contract to see what post-departure restrictions there may be, such as non-solicitatio...


U.S. Supreme Court, Tax, Ethics/Professional Responsibility

When the government knows a law firm caters to a particular type of client – worst case, criminals not known to the government...


Ethics/Professional Responsibility

While it is customary to meet and confer before bringing a motion to disqualify, use caution.


Tax

“Reasonable cause” avoids IRS penalties

Jan. 26, 2023
By Robert W. Wood

Cherry-picking what you tell your tax adviser to get the answer you want to hear is not reasonable. That kind of behavior woul...


Law Practice, Appellate Practice

Utilizing the power of requests for admission

MCLE
Jan. 26, 2023
By Robert A. Roth

Ways to use California’s request for admissions scheme to gain a litigation advantage.


Contracts

Non-competes no more?

Jan. 26, 2023
By Eric S. Hochstadt, Mark A. Perry

The Non-Compete Clause Rule was an unprecedented move by the FTC, both because the agency had not previously attempted to regu...


Wills, Estates & Trusts, Litigation & Arbitration

Logical analysis may give structure to estate or trust negotiations. But each dispute will be based on factors that cannot con...


Letters

Re: Horvitz & Levy Article on MICRA Changes

Jan. 25, 2023
By Benjamin T. Ikuta


U.S. Supreme Court, Constitutional Law

Confiscating equity through foreclosure?

Jan. 25, 2023
By Michael M. Berger

The U.S. Supreme Court will soon decide whether states that foreclose and take equity beyond delinquent taxes violate the Fift...


Legal Education, Law Practice

A first-year attorney’s survival guide

Jan. 25, 2023
By Sheri R. Lalehzarian

Lessons learned while weathering the pandemic in law school.


California Supreme Court

The persuasive attorney and wise jurist recognize that the historical underpinnings of a law, decision, or custom is critical ...


Torts/Personal Injury, Entertainment & Sports

Alec Baldwin’s closing statement

Jan. 24, 2023
By Lou Shapiro

Ms. Gutierrez-Reed maintains that she doesn’t know how the weapon had live rounds in it and that she is not to blame for the d...


Letters


California Supreme Court

California’s violent chief justice

Jan. 24, 2023
By John S. Caragozian

David Terry, newly elected to the Supreme Court and also a Committee opponent, was present. Terry drew his Bowie knife – which...


Constitutional Law

A veiled threat

Jan. 24, 2023
By Steven S. Kimball

The notion that the free expression of religion of a student group like Fellowship of Christian Athletes may threaten others i...


Law Practice, Appellate Practice

2023 headwinds and your practice

Jan. 23, 2023
By Sandy Lechtick

Some partners will be de-equitized, while others will be gently nudged out. We are already seeing an increase in “stealth layo...


Real Estate/Development, Contracts

Non-breaching parties to a letter of intent may have a claim for costs incurred in reliance on that promise if that promise is...


Judges and Judiciary, Government

Of the 26 recent vacancies on the federal courts in California, only 11 remain – with nominees pending confirmation in the Sen...


Tax, Ethics/Professional Responsibility

The U.S. Supreme Court has agreed to decide whether the IRS may issue a summons seeking an innocent party’s records without pr...


Litigation & Arbitration, Civil Litigation

Third inning: liability, damages, collectability

Jan. 20, 2023
By Joseph M. Barrett

Perspectives can change after a lawyer accepts a case, no matter how black-and-white the case seems initially. Thorough invest...