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Law Practice, Alternative Dispute Resolution

Increased civility can lead to enhanced success during mediation

Apr. 4, 2019
By Joan B. Kessler, Marti Stein

Sometimes lawyers get sanctioned for outrageous and improper behavior in court. But what about civility in more casual settings?


Government, Civil Rights

Bill aims to clarify the California False Claims Act

Apr. 4, 2019
By Leah Judge, Chris McLamb

This session, the California Legislature will consider Assembly Bill 1270, which would amend the California False Claims Act t...


The last few months have seen the introduction of a number of state Assembly bills aimed at California nonprofits—and some mor...


Civil Litigation, Construction

Here’s a brain-twister: Can you knowingly approve something, which does not include something else, if you never considered th...


Judges and Judiciary, State Bar & Bar Associations

On April 17, the Southern California Chinese Lawyers Association will celebrate its Forty Fourth Anniversary at a dinner at th...


California laws and regulations often impose paperwork filing obligations on businesses and nonprofit organizations even when ...


Corporate, Administrative/Regulatory

What is ‘reasonable’ under California’s new consumer privacy law?

Apr. 3, 2019
By Jeffrey L. Bleich, Peter Z. Stockburger

Although the California Consumer Privacy Act does not define the phrase "reasonable security procedures and practices," that l...


Law Practice, California Supreme Court

Our Selma

Apr. 3, 2019
By Arthur Gilbert

“Our Selma” is an apt description of this person we so love and respect. This affectionate possessive was how retired Supreme ...


Contracts

Click, wrap and scroll: Securing assent to online agreements

Apr. 3, 2019
By Theane Evangelis, Michael J. Holecek

Questions sometimes arise over whether the customer, employee or independent contractor actually assented to the contract.


Criminal

Every year since the early 1990s, nearly half of homicide victims have been black men.


Law Practice, Civil Rights

New York did it. San Francisco and Newark did it. Philadelphia, Cincinnati, Connecticut and other jurisdictions are considerin...


U.S. Supreme Court, Tax, Government

A recent Court of Appeal ruling considered whether a city’s resolution establishing new water rates over a six-year period was...


Contemporary debates about demographic change are not new. It isn’t easy to remember the past. It also isn’t simple to interp...


Labor/Employment

Is the holiday over? Public agencies may face wave of FLSA suits

Apr. 2, 2019
By Jesse Maddox, Bryan Rome

Due to recent federal district court decisions in California, public employers that provide nonexempt employees who sporadical...


Family, California Courts of Appeal

A recent Court of Appeal ruling deals with a case of first impression in which the validity of a premarital agreement is chall...


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

At the end of March, the U.S. Supreme Court reminded us that Alaska is special. Not just for its resplendent beauty and bounti...


Government, Banking

It’s still illegal at the federal level, so where there is business — and cannabis business is thriving — what are banks to do?


Law Practice, Appellate Practice

Minerva appeals

Apr. 2, 2019
By Benjamin G. Shatz

We might rightly believe that to give birth to an appeal, one absolutely must file a notice of appeal. That seems like a prett...


Judges and Judiciary, Appellate Practice

On dissents

Apr. 1, 2019
By Myron Moskovitz

What good is a dissenting opinion?


Civil Litigation, Entertainment & Sports

Baseball is back, and so is concern for spectator safety

Apr. 1, 2019
By Brian S. Kabateck, Joana Fang

As sports fans rejoiced the opening day of Major League Baseball, most were not thinking about the risks and potential dangers...


Civil Litigation, Law Practice

Social media discovery: 20 commonly asked questions (Part 1)

MCLE
Apr. 1, 2019
By Peter R. Boutin, George A. Croton

Unfortunately, courts, legislatures and practitioners have struggled in developing cohesive guidelines for keeping up with the...


Civil Litigation, Labor/Employment, California Courts of Appeal

Minimum wage applies to charter cities and all counties

Apr. 1, 2019
By Peter J. Brown, Megan Atkinson

A recent Court of Appeal ruling held that California’s state minimum wage applies to all public employers, including charter c...


Tax, Civil Litigation

The new tax math under President Donald Trump’s tax bill can be onerous.


Labor/Employment

As the gig economy continues to expand and businesses grapple with remaining legally compliant with the ever-evolving employme...


Law Practice, Ethics/Professional Responsibility

My big mouth!

MCLE
Mar. 29, 2019
By Neville L. Johnson, Douglas L. Johnson

Much of an attorney’s job is communication—but when can legal communication result in liability?


Civil Litigation, Law Practice, Alternative Dispute Resolution

In view of their existing budgetary constraints and limited resources, superior courts are incentivized to do everything in th...


Civil Litigation, Letters

Selective application of amendments to states no longer a viable argument

Mar. 29, 2019
By Bruce M. Brusavich, Robert S. Peck

Recent attempts to defend MICRA fall short.


Alternative Dispute Resolution

Moral disengagement and the college admissions scandal

Mar. 29, 2019
By Phyllis G. Pollack

With an understanding of moral disengagement, one can be better equipped to respond and work with parties to reach a just reso...


Law Practice, Ethics/Professional Responsibility

How to effectively address conflict issues in advance

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

Ironically, the risk of having an ineffective waiver is even greater when lawyers try to get out in front of the issue and obt...


Civil Litigation, Letters

In the first case upholding MICRA, the California Supreme Court quoted the preamble to MICRA, and it’s an important point.