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Contracts

Expect parties to look to force majeure provisions.


Law Practice

Best practices for opening and closing statements

Feb. 21, 2020
By Michael Betz, Charles Jarrell

The art of trial work is being able to be flexible given what’s going on in the courtroom.


Alternative Dispute Resolution

Sunk costs

Feb. 21, 2020
By Greg Derin

How your mediator can help you avoid eating liver and onions


Entertainment & Sports, Alternative Dispute Resolution

I have thoroughly enjoyed this fast moving and entertaining documentary about the game scandal.


Criminal

This action by the Los Angeles District Attorney should serve a clarion call to others around the state to follow suit.


Labor/Employment, Civil Litigation, Alternative Dispute Resolution

Court order explains preliminary enjoinment of enforcement of Assembly Bill 51

Feb. 21, 2020
By Thomas H. Petrides, Harrison Thorne

Judge Kimberly Mueller issued a detailed written ruling earlier this month in which she stressed that the plaintiffs are “like...


Government, Corporate, Civil Litigation, Administrative/Regulatory

The Granston memo: two years later

Feb. 20, 2020
By Brian J. Hennigan, Padraic W. Foran

It is safe to say that the current presidential administration has not grown any fonder of or kinder to whistleblowers.


Tax, Securities, Civil Litigation

Blockchain’s unexpected upsurge in litigation

Feb. 20, 2020
By Barrington Dyer

While securities fraud remains atop as the most active area for blockchain litigation — due in part to the rush towards initia...


Government, Criminal

Justice reform should rely on fact

Feb. 20, 2020
By R.J. Dreiling

The “conviction-and-incarceration-obsessed district attorney” is a common caricature used among “progressive prosecutors” look...


Government, Constitutional Law

Moving away from checks and balances

Feb. 20, 2020
By Erwin Chemerinsky

The intense partisanship surrounding the Trump impeachment, and more generally around the Trump presidency, has obscured the e...


The California Court of Appeal recently examined a novel legal theory made by a Muslim husband who claimed that he was fraudul...


Antitrust & Trade Reg.

Antitrust and big data

Feb. 20, 2020
By Howard M. Ullman

Although there is certainly no express exemption for big data written into the Sherman Act, determining exactly how antitrust ...


Law Practice

Avenatti: When tough lawyering becomes extortion

Feb. 20, 2020
By Neama Rahmani

When a federal jury convicted celebrity attorney Michael Avenatti of attempted extortion last week, it sent a clear message: T...


Labor/Employment, Civil Litigation, California Supreme Court

Employers pay when employees bring their baggage to work

Feb. 19, 2020
By Steven B. Katz, Christin Lawler

Last week, California again parted ways with federal wage and hour standards to increase protections for the Golden State’s em...


Government

LA County’s new voting system is what we all need

Feb. 19, 2020
By Stephen J. Kaufman

The easier, more modern system is what was envisioned after Bush-Gore


Government, Criminal

More than two centuries of independence at the U.S. Department of Justice were upended last week when political appointees, pr...


Government, Administrative/Regulatory

Two years after it was widely documented that cellular carriers were selling highly precise customer location data to third pa...


Tax

Leaving California? Watch out for an FTB audit

Feb. 19, 2020
By Robert W. Wood

If you are about to sell stock, your cash of bitcoin, your out of state real estate holdings, or settle a career lawsuit, you ...


Law Practice

Mastering the art of jury strategy

Feb. 19, 2020
By Gregory Call

In a complex commercial case, a trial lawyer has many ingredients to choose from. There are millions of pages of documents, do...


Given the potential costs and the uncertainties of predicting state and federal court juries, it makes sense that many compani...


Law Practice

Using the mini-opening to your advantage

Feb. 19, 2020
By Neil K. Gehlawat

More and more trial lawyers are making use of the “mini-opening” in their cases. When done properly, the mini-opening can be a...


As you stand before a jury delivering your opening statement, the last thing you should feel is that you can’t win. Every tria...


Government, Environmental & Energy

Voluntary agreements will avoid years of disputes over Bay-Delta

Feb. 18, 2020
By Ryan Bezerra, Jennifer Buckman

Water litigation often involves decades of conflict. Judicial and administrative litigation about the American, mainstem San J...


Labor/Employment, California Supreme Court

The debate over the Supreme Court of California's 2018 Dynamex decision - in which the state's highest court adopted the so-ca...


Criminal, Constitutional Law, California Supreme Court

Does due process require an ability to pay before imposing criminal fines? Is it fundamentally unfair to impose assessments to...


Law Practice, Government, Admiralty/Maritime

The government lawyer (part 1)

Feb. 18, 2020
By Myron Moskovitz

As a young government lawyer, It didn't take me long to learn that politics can override good policy.


Labor/Employment, Corporate

SB 826, California’s ‘woman quota’ law, is plainly unconstitutional

Feb. 18, 2020
By Anastasia Boden, Daniel Ortner

California’s law dictating the number of women who must be hired to the boards of publicly traded California corporations (whe...


Letters, Judges and Judiciary

I have long been scratching my head over Napa County Superior Court’s contested judicial election, in which Judge Monique Lang...


Government, Criminal

Resignations expose illness at the DOJ

Feb. 14, 2020
By Carol C. Lam

Roger Stone will have his place in history, but not merely for his role as a gadfly in the president’s once-inner circle. More...


Government, Criminal

Insubordination shouldn’t be celebrated

Feb. 14, 2020
By Bilal A. Essayli

Prosecutors in the Roger Stone case lied to the attorney general about their sentencing recommendation.