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Law Practice, Ethics/Professional Responsibility

Taming professional liability trends and costs

Mar. 30, 2018
By Louie H. Castoria

A 2017 survey of lawyers' professional liability insurers shows an upward trend in the average fees and costs incurred in defe...


Letters, Judges and Judiciary, Government

People can honestly, and in good faith, disagree

Mar. 30, 2018
By John "Jack" Quirk

How do we get back to accepting that it is possible for persons honestly and in good faith to reach conclusions we do not share?


Civil Litigation, Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

We wait, hoping, for the sake of the music industry, that the court will hear this case en banc, and ultimately do the right t...


Law Practice, Law Office Management, California Supreme Court

Clients are not law firm property, and neither are lawyers

Mar. 29, 2018
By Daniel O'Rielly, Dena Roche

The California Supreme Court recently held that a dissolved law firm has no property interest in fees generated after dissolut...


Constitutional Law

The takings clause of Boyle Heights

Mar. 29, 2018
By Yxta Maya Murray

Los Angeles residents will remember that in 2016, news agencies reported that anti-gentrification activists in the Latinx neig...


Family, California Courts of Appeal

The death of declarations

Mar. 29, 2018
By Andrew D. Cook

Absent a codified exception, party declarations in family law matters are now disallowed if there is no opportunity for cross-...


Real Estate/Development, Government, Environmental & Energy, Administrative/Regulatory

Takeaways from California land use conference

Mar. 29, 2018
By Scott B. Birkey, David P. Waite

Argent Communications Group held its Fourth Annual Conference on California Land Use Law and Policy on March 5 in Los Angeles.


Government, Criminal

Defense attorney David Katz sheds some light on the secretive grand jury process.


International Law, Intellectual Property, Government, Antitrust & Trade Reg.

Next round of NAFTA talks may focus on IP protection

Mar. 28, 2018
By Clark Zhang Ph.D., Vikram Iyengar

In April, the United States, Canada and Mexico will hold their latest round of negotiations to revise the North American Free ...


Judges and Judiciary, Immigration, Government, 9th U.S. Circuit Court of Appeals

Behind closed doors at the 9th Circuit

Mar. 28, 2018
By Joshua M. Stein

The Oral Screening Panel is meant to help streamline the court's workload but often results in deportation decisions being mad...


U.S. Supreme Court, Civil Litigation, Constitutional Law, 9th U.S. Circuit Court of Appeals

Constitutional protection against temporary takings

Mar. 28, 2018
By Michael M. Berger

A common sense conclusion lies at the heart of the Martins Beach case -- that is, the constitution does not distinguish betwee...


Letters, Law Practice, Judges and Judiciary, Government

To ignore integrity is to attack integrity

Mar. 27, 2018
By Mariano-Florentino Cuéllar

As Justice Anthony Kline reminds us, certain developments in recent years have threatened to make it more difficult for courts...


Civil Litigation, Education Law, Criminal, California Supreme Court, California Courts of Appeal

New ground for California college students

Mar. 27, 2018
By Alan Charles Dell'Ario

When she went to her UCLA chemistry lab on Oct. 8, 2009, Katherine Rosen didn't know her classmate was hearing voices in his h...


Probate, Family, California Supreme Court, 9th U.S. Circuit Court of Appeals

The 9th Circuit is asking the California Supreme Court to interpret the impact of a state law bearing on the parental status a...


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

If courts allow companies to use the Computer Fraud and Abuse Act to block automated access by competitors, it will threaten o...


Law Practice, Judges and Judiciary, Government

Dangerous courthouses put employees at risk

Mar. 27, 2018
By Eric Siddall

If a private landlord rented a commercial office space and the building was considered unfit to withstand an earthquake, we wo...


Civil Litigation, Criminal, California Supreme Court, 9th U.S. Circuit Court of Appeals

Preliminary hearings and issue preclusion

Mar. 26, 2018
By Denis Binder

Does a finding of probable cause in a preliminary hearing preclude a subsequent false arrest claim? Courts are split.


Civil Litigation, Government, Contracts, Construction, California Supreme Court, California Courts of Appeal

Ruling is a windfall to second-place bidders

Mar. 26, 2018
By Michael J. Maurer, Dana M. Howard

A recent California appellate court opinion highlights the danger that the design-bid-build system can bring when it is not ap...


Civil Litigation, Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

En banc review of 'Blurred Lines' case is warranted

Mar. 26, 2018
By Elliot N. Brown, Moon Hee Lee

In a split decision, the 9th Circuit affirmed in part and reversed in part the judgment after a jury trial that Pharrell Willi...


Ethics/Professional Responsibility, State Bar & Bar Associations, Appellate Practice

5 things you should know about State Bar Court appeals

Mar. 26, 2018
By Jennifer Teaford

The court follows different procedural rules from other appellate courts — and attorneys brought before the court for discipli...


Labor/Employment, Government

The Public Employment Relations board: a primer

Mar. 26, 2018
By David G. Ritchie

In all, approximately 4,200 public employers within the state of California and an estimated 2.7 million public employees, are...


Law Practice

Truth decay and the spirit of the law

Mar. 23, 2018
By Daniel Grunfeld

The widening gap between how the law is expected to be (and generally is) practiced, and certain events transpiring in our pol...


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

Ruling may lead to split on infringement by tweet

Mar. 23, 2018
By Elliot N. Brown

The Southern District of New York disagreed the 9th Circuit about the so-called "server test."


U.S. Supreme Court, Tax, Criminal, Administrative/Regulatory

Justices rein in IRS obstruction prosecutions

Mar. 23, 2018
By Nathan J. Hochman

By rejecting the government's expansive interpretation of the tax obstruction statute, the Supreme Court has required fair war...


Judges and Judiciary, Ethics/Professional Responsibility, Criminal

Elected DAs shouldn't be so politically motivated

Mar. 23, 2018
By Patrick Dixon, Mario Mainero

One wishes that the elected district attorney of a county were not so politically motivated as to skirt the ethical rules and ...


Law Practice, Ethics/Professional Responsibility

Disaster readiness: Ethics in a new age

MCLE
Mar. 23, 2018
By Heather L. Rosing

Even in light of a life-altering disaster, an attorney must act competently, preserve confidentiality, maintain confidentialit...


Law Practice, Ethics/Professional Responsibility

The difficult decision to sue a client for unpaid fees

Mar. 23, 2018
By Shari L. Klevens, Alanna G. Clair

Some attorneys and firms make a principled decision to never sue their clients. Whether altruistic or risk-adverse, a law firm...


Family

When is your separate property liable?

Mar. 23, 2018
By Jeffrey P. Blum

Thanks to a Court of Appeal case, family law attorneys can answer with more clarity questions concerning when a spouse’s separ...


U.S. Supreme Court, Securities, Civil Litigation

Federal securities statutes say what they say

Mar. 22, 2018
By Alex G. Romain, Jenna G. Williams

This week, a unanimous U.S. Supreme Court ruled that the Securities Litigation Uniform Standards Act grants state courts the j...


Judges and Judiciary, Government, Criminal

Lawmakers must heed call to make more just bail system

Mar. 22, 2018
By Peter P. Espinoza

During Monday’s State of the Judiciary address, Chief Justice Tani G. Cantil-Sakauye once again called on California lawmakers...