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U.S. Supreme Court, Environmental & Energy, Administrative/Regulatory

The EPA has adopted new final regulations to redefine the term “waters of the United States.”


State Bar & Bar Associations, Legal Education, Law Practice

Keep California meritocratic

Jan. 30, 2020
By Mitchell Keiter

Americans, especially Californians, celebrate meritocracy, the idea that what what we do matters more than where we are from. ...


U.S. Supreme Court, Civil Litigation

Supreme Court to consider validity of TCPA exemption in new case

Jan. 30, 2020
By Ana Tagvoryan, Harrison M. Brown

Earlier this month, the U.S. Supreme Court granted a petition for writ of certiorari to review a decision on the constitutiona...


Legal Education, Law Practice

Why are you talking about yourself?

Jan. 30, 2020
By Frank H. Wu

In Civil Procedure, I assign students to visit court, watch any civil dispute, and write up their observations, because the co...


Law Practice, Judges and Judiciary

At the end of each year, for the past seven years, I have counted the number and type of motions that were decided in Departme...


U.S. Supreme Court, Environmental & Energy

The plaintiffs should have the opportunity to argue this “discoverable and manageable” benchmark at trial.


Real Estate/Development

Landlords: What to know about California’s new rent control law

Jan. 29, 2020
By Grace Winters, Jordan Tessier

While heated debate continues over whether the new law will help tackle the state's affordability crisis, every owner and deve...


Constitutional Law

Property ‘dedication’: Gift or theft?

Jan. 29, 2020
By Michael M. Berger

I hate word games. One that has haunted the land use field for years is the use (or abuse) of the word “dedication.” Land use ...


Real Estate/Development, Land Use, Government

Rent control may well limit rent increases on current occupied units and enable existing tenants to remain in their units long...


Criminal, Corporate

Top white-collar criminal trends of 2019

Jan. 28, 2020
By Brook Dooley

2019 was notable for the number of white-collar criminal matters that broke into the public consciousness, whether it was the ...


Civil Litigation

Discovery 2020: The new frontier of e-discovery and early disclosure

Jan. 28, 2020
By Angela S. Haskins, Elizabeth A. Evans

In an ongoing effort to increase cooperation and meet the changing face of litigation, members of the California Legislature h...


Environmental & Energy

California’s environmentalists and renewable energy advocates have been working passionately, but mostly separately, for many ...


Appellate Practice

A compelling writ petition

Jan. 27, 2020
By Pablo Drobny

In my 35 years as writ attorney for Division 7 of the 2nd District Court of Appeal, I saw a range of writ petitions, from outs...


Constitutional Law, Civil Litigation

The eminent domain process

MCLE
Jan. 27, 2020
By Neli N. Palma

In this article and accompanying self-study test, readers will learn about the procedures for conducting discovery in eminent ...


Government, Constitutional Law, 9th U.S. Circuit Court of Appeals

In the almost two decades since 9/11, our nation has slowly started to restore the balance among the three branches of governm...


Labor/Employment

New NLRB confidentiality ruling is a good start, but not enough

Jan. 27, 2020
By James J. McDonald Jr., Alix Rozolis

Workplace investigations are a fact of life for employers everywhere, but especially in California. Requirements that particip...


Environmental & Energy, 9th U.S. Circuit Court of Appeals

Can courts help avoid an environmental apocalypse?

Jan. 27, 2020
By Erin Daly, Helen Kang

On Jan. 20, the 9th Circuit found that a “substantial evidentiary record [that] documents that the federal government has long...


Law Practice, Labor/Employment, Civil Rights

A good place to start trying to effect change is in our own profession. Because we lawyers love our pretentious Latin phrases,...


Securities, Mergers & Acquisitions, Corporate

IPOs vs. SPACs: 2 paths to public

Jan. 27, 2020
By Sara L. Terheggen

Initial public offerings are generally viewed as the option of choice for companies who have reached a critical juncture in th...


Government, Administrative/Regulatory

Dealing with deepfakes

Jan. 27, 2020
By Melanie J. Howard, Adam Shapiro

California and social media platforms take aim at deepfakes while federal lawmakers take a 'studied' approach.


Letters, Entertainment & Sports

Column on horse death investigation is misguided

Jan. 27, 2020
By Nathaniel J. Friedman

In a word, these dilettantes that have nothing better to do with their time than attack horseracing will go to their graves in...


Military Law, Health Care & Hospital Law, Government

Fixing Feres

Jan. 24, 2020
By Antoinette Balta, Brendan M. Ford

Under U.S. Supreme Court precedent known as the “Feres doctrine,” active members of the military, along with their heirs, are ...


Ethics/Professional Responsibility

As was publicized recently in the press, a slimmer, weakened appearing, and clean-shaven Harvey Weinstein showed up at a court...


Law Practice, Appellate Practice

The 7 deadly sins of legal writing

Jan. 24, 2020
By Louie H. Castoria

Don’t let your writing be false, late, noncompliant, unsupported, unpersuasive, unfocused or boring.


Law Practice, Law Office Management

Time to dust off your law firm partnership agreement

Jan. 24, 2020
By Daniel O'Rielly, Dena Roche

We counsel our law firm clients to be at least as diligent about planning ahead for their own practices as they would suggest ...


Bankruptcy

In the decision of In re PW, LLC, the Bankruptcy Appellate Panel for the 9th Circuit held that the protections provided to a b...


Entertainment & Sports

Recent horse deaths prompt calls for industry change

Jan. 23, 2020
By Elizabeth Holtz

Regardless of the fate of any legislative initiatives, it’s clear that the industry will have to change — and soon. As people ...


Labor/Employment

Keep on truckin’ (for now): AB 5 may not apply to truckers

Jan. 23, 2020
By Annette Mijanovic, Philip McDermott

For decades, the trucking industry has used owner-operators to provide the transportation of property in interstate commerce. ...


Judges and Judiciary, California Supreme Court, Appellate Practice

Justice Leondra R. Kruger by the numbers

Jan. 23, 2020
By Kirk C. Jenkins

Today, we turn our attention to the sixth in our series of data-driven profiles of the justices of the California Supreme Cour...


Immigration, Government

The power of California’s Sanctuary Law: SB 54 after 2 years

Jan. 23, 2020
By Elizabeth M. Fratarcangeli

In 2018, the California Senate Bill 54, aka the California Values Act and more commonly known as the “sanctuary city law,” bec...