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Civil Rights

Veterans who were civil rights heroes

Nov. 11, 2019
By Eileen C. Moore

Whatever it takes


Government, Criminal

One take on the current race to be the next district attorney of Los Angeles County.


Civil Litigation, Construction

The Privette doctrine holds that a higher-tiered party such as an owner or general contractor, is not liable for injuries sust...


Law Practice, Education Law

Teaching the facts of law

Nov. 11, 2019
By Frank H. Wu

We professors mislead students. Among the means of doing so is emphasizing law to the exclusion of fact. We have pedagogical r...


Tax, Corporate

It is the worst nightmare for many taxpayers: A letter from the IRS announcing that they are under audit. The moment that lett...


Tax, Real Estate/Development

Ready or not, tax time is looming. And as we enter the last two months of 2019, many opportunity zone investors and developers...


Government, Administrative/Regulatory

CalECPA and California’s digital privacy leadership

Nov. 8, 2019
By Jacob Snow, Chris Conley

The landmark California Electronic Communications Privacy Act has had a broad impact in the four years since it was enacted, i...


Judges and Judiciary, Alternative Dispute Resolution

Life after life tenure

Nov. 8, 2019
By Vaughn R. Walker

Where federal judges go after the bench.


Alternative Dispute Resolution

Who’s in control here?

Nov. 8, 2019
By Robert S. Mann

Let’s face it, for better or worse, usually worse — lawyers like to be in control. In a lawyer’s perfect world, the testimony ...


Ethics/Professional Responsibility, California Courts of Appeal

Candor to the tribunal is now mandatory in California

Nov. 8, 2019
By Gerald G. Knapton

A new day has dawned with the California Supreme Court’s approval of new Rule 3.3, Candor Toward the Tribunal, last November. ...


Attorneys should exercise caution when using social media

Nov. 8, 2019
By Shari L. Klevens, Alanna G. Clair

Many attorneys still treat social media as a personal outlet that is distinct from their professional identity. Attorneys may ...


One of the main reasons inverse condemnation has received so much attention is because the majority of California’s electrical...


U.S. Supreme Court, Environmental & Energy

Will climate change nuisance cases be tried in state court?

Nov. 7, 2019
By Darrin D. Gambelin, Monica Browner

A suit brought in Maryland state court last year against a group of 26 fossil fuel companies, is one of a series of similar ca...


While the rent cap applies retroactively to increases on or after March 15, 2019, the just cause requirements are not retroact...


Tax, Environmental & Energy

The power shutoffs, and whether those might be actionable, makes me think about taxes. Despite the protection of the bankrupt...


Law Practice, Judges and Judiciary

Remembering S.I. Hayakawa

Nov. 7, 2019
By Frank H. Wu

The late Honorable S.I. Hayakawa is among the curious characters of California’s recent past. Born in Canada to parents from J...


Real Estate/Development, Government

Because 150 people became homeless every day, homelessness rose by 12% last year. We will never end homelessness if we only he...


Family

Is it time to reform California’s alimony laws?

Nov. 6, 2019
By Debra R. Schoenberg

A Huntington Beach man’s latest attempt to change California’s alimony laws has brought the topic back into the headlines. Ste...


Mergers & Acquisitions, Corporate

The essential role for seller’s counsel in M&A negotiations

Nov. 6, 2019
By Timothy R. Bowers, Andrew P. Dixon

While the expense associated with sophisticated M&A counsel may seem excessive, especially to first-time sellers, the real...


Civil Litigation, Government, Environmental & Energy

The Trump administration, through the Department of Justice, has sued California, alleging that the state’s Quebec agreement i...


U.S. Supreme Court, Civil Litigation, Environmental & Energy

The justices will hear oral argument Wednesday in a closely-watched case could carve a gaping loophole in the Clean Water Act’...


Civil Litigation, Alternative Dispute Resolution

Forced arbitration: where Rights go to die

Nov. 6, 2019
By Jahan C. Sagafi, Michelle Erickson

Ballooning corporate power and substantial erosion of the public sphere have caused a yawning chasm between rich and poor. One...


U.S. Supreme Court, Government, Constitutional Law, Administrative/Regulatory

It essentially empowers agencies to overrule federal-court decisions by unilaterally altering the meaning of statutes the cour...


U.S. Supreme Court, Civil Litigation, Intellectual Property

Will the U.S. Supreme Court curtail the USPTO’s fee grab?

Nov. 5, 2019
By Bobby Ghajar, Marcus Peterson

Given the statutory language, the importance of the so-called “American Rule” to the issue of fee shifting, and the public pol...


Among the flurry of bills signed by Gov. Gavin Newsom in October were Assembly Bill 61 and Assembly Bill 1493, which expand th...


Law Practice, Appellate Practice

And that’s final!

Nov. 5, 2019
By Benjamin G. Shatz

The issuance of an appellate opinion prompts jubilation for the winners and despair for losers. And why shouldn’t it? The appe...


Environmental & Energy, Corporate

The case is not about whether climate change is real or caused by human activity. Those issues are conceded by Exxon. Rather, ...


Criminal, California Supreme Court

Canizales and the kill zone

Nov. 5, 2019
By Frank J. Menetrez

The California Supreme Court recently brought welcome clarity to the law of the kill zone theory. But even after the latest ru...


Law Practice, Appellate Practice

Just as in baseball, where the home team always gets to bat last, the appellant always gets the last (written) word in the for...


Law Practice, Civil Rights

An ode to public servants

Nov. 4, 2019
By Julie A. Werner-Simon

Elijah Cummings, Daniel Goodman and George Washington.