Law Practice, Ethics/Professional Responsibility
The law of lawyer conflicts in 2016
By Wendy Chang
As the year draws to a close, it is a great time to take a moment to review the latest conflicts cases, and contemplate whethe...
Privette doctrine ruling has no business being published
By Aaron L. Osten
Cases are meant to be published when they add a meaningful expansion to existing law or provide clarity to contested issues. <...
Earlier this month, the Supreme Court unanimously held that damages awards for design-patent infringement need not be the tota...
High-profile government attorneys who leave for private practice make headlines, and recent moves began escalating well before...
Next year, the Supreme Court will be turning its focus on patent cases to extraterritorial aspects and is expected to rule on ...
Civil Litigation, Law Practice
Conducting voir dire in civil trials
By Elizabeth R. Feffer, Cherisse H.A. Cleofe
The pleadings long-settled, and discovery now completed, it is now time for you to try your client's civil case before a jury.
The issue of time management is particularly challenging to sole practitioners accustomed to a 9-to-5 job. ...
Government, Administrative/Regulatory
Navigating financial subsidies from local governments
By Bruce W. Galloway
With the demise of redevelopment agencies in California, a financial subsidy necessary for the financial viability of a real e...
Real Estate/Development
Payment of resident managers: a clash of state and federal law
By Gary S. Ganchrow
Payment of resident managers is an area where state and federal law do not work in consonance, putting property management com...
Gift cards, a blessing to many holiday shoppers, can be a headache for retailers, as complicated redemption laws vary state to...
At issue was the legality of a "satellite facility" opened by a charter school outside of the geographic boundaries of its cha...
Reports from Dutch regulatory filings say that Alphabet Inc.'s Google saved $3.6 billion in taxes in 2015 alone by moving $15....
Californians lived for years under a legal regime holding that the only remedy for a regulation that had the effect of taking ...
It's estimated that in just about three years, contingent workers will comprise about 40 percent of the entire U.S. workforce....
Environmental
Environmental due diligence and real property purchases
By Leah Goldberg
Do not skimp on environmental due diligence, as environmental liabilities can be large and insert uncertainty into the redevel...
Perspective
New disability access rules will take effect next month
By Bradley J. Leimkuhler
In September, California enacted Assembly Bill 2093 as part of its latest attempt to address the state's continuing struggle w...
Subdivision (e)(4)'s application to "any other conduct in furtherance of the exercise of the constitutional right of petition ...
Donald Trump ran on a simple platform — Make America Great Again. But the president-elect has offered few clues as to what spe...
Nothing in the Adult Use of Marijuana Act requires an employer to permit or accommodate the use, consumption or possession of ...
Sometimes a lawyer will tell me that she has a smoking gun fact or piece of evidence that will absolutely devastate the other ...
Real Estate/Development
Density Bonus Law could lead to less affordable housing
By Joan S. Smyth
The requirement of replacement of affordable or rent-restricted units on a one-for-one basis in order for a developer to obtai...
Ethics/Professional Responsibility
Knock-knock-knockin' on your door: the state bar
By Anthony Radogna
Let's say you have a thriving paralegal business. Or perhaps you are a licensed attorney who is just too busy with life to sho...
Civil Litigation, Alternative Dispute Resolution
Wells Fargo arbitration denies customers their day in court
By Esfand Y. Nafisi
If the bank successfully compels arbitration, it will deny its customers their right of access not only to the courts but also...
In an important victory for same-sex couples, Wal-Mart has agreed to pay $7.5 million to settle a class action challenging Wal...
GC Email
High court says online travel companies are not hotel operators
By Robert W. Wood
The California Supreme Court has now ruled in favor of the group. It included such household names as Hotels.com, Priceline, E...
Administrative/Regulatory
'Tis the season to give someone a basket of processed meats
By Daniel J. Herling
A Google search of "processed meat holiday gifts" revealed 1,590,000 results in less than a second. According to a citizen's p...
Defend Trade Secret Act practitioners have mostly steered clear of its much-hyped ex parte seizure remedy, opting instead for ...
The Supreme Court appears poised to limit the extraterritorial reach of U.S. patent law in Life Technologies v. Promega
Civil Litigation, Labor/Employment, Entertainment & Sports
Student-athletes bring the heat against NCAA
By David J. Murphy
In the latest of the growing number of legal actions involving student-athletes pursuing compensation for their collegiate ath...
Civil Litigation, Law Practice, Criminal
Social media evidence: admissibility issues
By Mark Jackson
Proponents seeking to admit social media evidence will face three primary hurdles of admissibility: relevance, authentication ...