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Law Practice, Books

Free books and more!

Dec. 3, 2019
By Benjamin G. Shatz

We’ve made another circuit around the sun and now’s the time of year for gift-giving. Our tradition at Exceptionally Appealing...


While cyber insurance is specifically designed to address these kind of losses, insureds covered under traditional insurance p...


Law Practice, Judges and Judiciary

*@#!ing

Dec. 3, 2019
By Arthur Gilbert

This, my December column occurs in the month when many readers may be vacationing, a perfect time to let it all “hang out” and...


Law Practice, Judges and Judiciary

On law schools (part 2)

Dec. 2, 2019
By Myron Moskovitz

A few months back, Judge Curtis Karnow opined that law school professors are “disconnected” from the real world of law practic...


U.S. Supreme Court, Constitutional Law

Gun control at the US Supreme Court

Dec. 2, 2019
By Glenn C. Smith

Although the New York challenge could yield a landmark decision, it could also leave big questions under-resolved. The court c...


Ethics/Professional Responsibility

A non-uniform approach to obtaining informed written consent

Nov. 29, 2019
By David M. Majchrzak, Heather L. Rosing

Professional listservs for attorneys often provide a fertile ground for seeds of hypertension for risk managers and legal ethi...


State Bar & Bar Associations, Ethics/Professional Responsibility

Making the State Bar complaint system ADA accessible

Nov. 29, 2019
By Thomas F. Coleman


How would you answer these questions?

Nov. 29, 2019
By Frank H. Wu

Like many teachers, I regularly tell my students there are no “stupid” questions; yet like many of my peers, I am not always s...


Government, Constitutional Law

Coastal Commission: Talk to the Dutch

Nov. 27, 2019
By Michael M. Berger

In a nutshell, if you like living in the 21st century, watch your back. There is a movement afoot to reverse the steady march ...


Government, Constitutional Law

On ‘bribery’

Nov. 27, 2019
By John H. Minan

The Founders understood bribery as dealing with the abuse of official power to secure a personal benefit. Because no federal c...


Bankruptcy

I haven’t had occasion to discuss the new Small Business Chapter 11 with a potential client so far. I’ve read several summarie...


Family, Entertainment & Sports

‘Marriage Story’: Checking the facts

Nov. 27, 2019
By Lawrence P. Riff

Judge Lawrence Riff of the Los Angeles County Superior Court’s Family Law Division Baumbach got a lot right but a few things w...


Ethics/Professional Responsibility, Entertainment & Sports

‘Marriage Story’: Checking the legal ethics

Nov. 27, 2019
By A. Marco Turk

Lawyers as a profession take unfair heat in many instances, but not in other examples. One of the areas where they are portray...


Government, Constitutional Law

It was reported some years ago that, when they entered office, the Secret Service took away then-President Barack Obama’s Blac...


Private fund secondaries: Your end, my beginning

Nov. 26, 2019
By Sara L. Terheggen

Historically, the market viewed secondary transactions as a sign of distress where sellers were pressured for liquidity and fo...


Why we watch

Nov. 26, 2019
By Jeffrey Wolf, Carolyn Kraft

It was a Thursday night, on an otherwise uneventful news day with only presidential impeachment hearings as a backdrop, when n...


Tax

Five years ago, the IRS announced that bitcoin and other cryptocurrency was property. More recently, the IRS addressed hard fo...


Civil Litigation, Intellectual Property, Appellate Practice, 9th U.S. Circuit Court of Appeals

Litigation is just stuff people do

Nov. 25, 2019
By Charles M. Kagay

John Steinbeck is an American literary icon, and the recipient of the National Book Award, the Pulitzer Prize for Fiction, and...


Ethics/Professional Responsibility, State Bar & Bar Associations

The professional and ethical obligations which arise from attorneys use of online profiles is the subject of the recently publ...


Government, Education Law

In a move of critical importance, the California Legislature has acknowledged this reality by passing three new laws at the in...


Government

California Assembly Bill 957 has amended language in Health and Safety Code Section 17980.7 changing the pre-litigation notice...


Law Practice

As a law professor, my favorite doctrines to teach are those that are most confusing and demanding because they allow for disc...


Securities, Corporate, Administrative/Regulatory

The Securities and Exchange Commission recently adopted previously proposed Rule 163B under the Securities Act of 1933, as ame...


Labor/Employment, Corporate

Drafting enforceable employment arbitration agreements

MCLE
Nov. 22, 2019
By Arthur F. Silbergeld, Kacey R. Riccomini

Drafting an employment arbitration agreement that complies with California law has never been a simple task: Assembly Bill 51,...


Alternative Dispute Resolution

The prevailing model in California is caucus-based, but there is another model gaining popularity called the “understanding mo...


Family

Study shows paid leave costs women more than men

Nov. 21, 2019
By Lauren Mayo-Abrams, Patricia Mitchell

When a woman takes paid leave she will lose on average 8% of her wages annually over the next 10 years compared to her counter...


Alternative Dispute Resolution

When does the mediation ever end?

Nov. 21, 2019
By Jan Frankel Schau

Now that mediation has been broadly accepted and practiced for more than 25 years, there are present trends that may be cause ...


Long before he became president, Donald Trump was known as an aggressive taxpayer who pushed the envelope. In that sense, his ...


Letters, Government, Criminal

Sprawling Los Angeles reality

Nov. 21, 2019
By Jose H. Varela

In the Nov. 14 Daily Journal article, “Critics leery Gascon could import SF ideas to sprawling LA,” Los Angeles County distric...


Labor/Employment, 9th U.S. Circuit Court of Appeals

The Dorman decision comes at a time when plan sponsors are unhappy about the spate of ERISA class actions that they believe ar...