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Probate

Usefulness of TOD deeds uncertain

Jan. 6, 2016
By Robert C. Barnes

On Jan. 1, California played catch-up for a change and joined at least 27 other states that allow a low-cost way of avoiding p...


Judges and Judiciary

A new year's resolution … or not?

Jan. 6, 2016
By Arthur Gilbert

In this paragraph is an inchoate New Years' resolution. Not sure whether to do it. A successful businessman I knew said this a...


Insurance, Ethics/Professional Responsibility

Cagey causation in legal malpractice cases

Jan. 6, 2016
By J. Randolph Evans, Shari L. Klevens

As the complexity and potential exposure of legal malpractice cases continue to evolve, the four basic elements of a legal mal...


CFPB's resolution should be to rein in arbitration

Jan. 6, 2016
By Alexandra P. Summer

We are all aware of increasing use of arbitration agreements and the court decisions bolstering them. In addition to being law...


California Supreme Court

Is California's mutuality rule done for?

Jan. 5, 2016
By Charles H. Jung

On Jan. 5, the California Supreme Court will hear oral argument in Baltazar v. Forever 21, the latest of several signif...


Entertainment & Sports, Corporate

The new Netflix

Jan. 1, 2016
By Glen A. Rothstein

To what extent is Netflix changing as it moves away from movies and toward original television program? ...


Perspective

Opposition to class action waivers on both the political and legal fronts persists ...


Corporate

The recent RBC decision further debunks the myth that Delaware is a defendant friendly jurisdiction in which plaintiffs...


Corporate

Hedge fund managers face queries on losses

Jan. 1, 2016
By Alexandra Stevenson

When David Einhorn, the founder of Greenlight Capital, plays host to his investors at the American Museum of Natural History i...


Perspective

What lawyers should know about the PATH Act.

Dec. 31, 2015
By Robert W. Wood

There is something for everyone in this massive and surprising tax law. By Robert W. Wood ...


Family, California Supreme Court

Unintended consequences

Dec. 31, 2015
By Thomas M. Hall

A state Supreme Court case may have unintended consequences for unrepresented family law litigants in 2016. ...


Intellectual Property

Offensive marks are now protected

Dec. 31, 2015
By Ben M. Davidson

Can the U.S. Patent & Trademark Office refuse to register trademarks that are racist, offensive, and disparaging to minori...


Streamlining civil justice

Dec. 30, 2015
By Saveena Takhar

Three bills taking effect on Jan. 1 will streamline the civil justice process, focusing specifically on expedited jury trials,...


Perspective

In a recent case, the 4th District Court of Appeal outlined the law concerning resisting arrest when a person advocates non-co...


Bankruptcy

New bankruptcy forms already in use

Dec. 29, 2015
By David M. Poitras

For the first time in over two decades, the official forms applicable to bankruptcy cases nationwide have been revised. By Dav...


Perspective

Redstone's small (for him) tax victory

Dec. 29, 2015
By Mark J. Phillips

Sumner Redstone's legal troubles are not limited to the proceedings going on in Los Angeles County Superior Court over his cap...


Insurance

The top insurance decisions of 2015

Dec. 29, 2015
By Kirk A. Pasich

This year, California courts issued a number of interesting, and sometimes provocative, decisions on insurance-related issues....


Perspective

Perception of fairness is key in mediation

Dec. 25, 2015
By Jamie A. Jacobs-May

Procedural fairness is not a panacea that guarantees a case will settle, but it can allow participants to find that overlappin...


Intellectual Property

Think twice before jumping into AIA review

Dec. 25, 2015
By Bryan A. Kohm

Given their success rates, relative low cost, and willingness of district courts to stay infringement claims, AIA reviews have...


Administrative/Regulatory

Children's data breach reveals challenges

Dec. 25, 2015
By Tyler G. Newby

The recent data breach involving the personal information of millions of children and their parents from VTech Holdings, Inc h...


Labor/Employment

Employment bills to know about from 2015

Dec. 25, 2015
By Arthur F. Silbergeld, Jennifer A. Awrey

With a new year comes new California laws for employers to learn and understand, and 2016 is no exception. ...


Tax

A new law allows a wrongfully incarcerated individual a to exclude from his taxes the civil damages, restitution, or other mon...


U.S. Supreme Court, Labor/Employment

Review this year's major employment cases

Dec. 24, 2015
By Juan Araneda, Jason A. Geller

2015 saw several notable decisions impacting employment law. ...


Civil Litigation, California Courts of Appeal

Coach's defamation case slips past anti-SLAPP defense

Dec. 24, 2015
By Joel McCabe Smith

In McNair v. NCAA, the 2nd District Court of Appeal was asked whether former USC assistant football coach Todd McNair h...


Perspective

When a corporation agrees to plead guilty to an antitrust crime, the DOJ's long-standing practice has been to enter into a ple...


Environmental & Energy

In June, the Army Corps of Engineers and the Environmental Protection Agency issued a new rule defining those "waters of the U...


Transportation

Attack of the drone: The feds strike back

Dec. 23, 2015
By Terri Highsmith

Small unmanned aerial vehicles, aka drones, are one of the hottest gifts of this holiday season, with the FAA estimating that ...


Health Care & Hospital Law, Constitutional Law

Round four for the ACA focuses on contraception

Dec. 23, 2015
By Jill E. Adams

Could filling out a form be both sinful and unconstitutional? We will find out this spring when the U.S. Supreme Court decides...


Law Practice, Judges and Judiciary, Criminal

Instructing on lesser crimes and unanimity

MCLE
Dec. 21, 2015
By Henry J. Hall

The objective of this article and self-study test is to review special issues that often arise concerning the application of j...


Civil Litigation

Privilege problems in paradise

Dec. 22, 2015
By Michael R. Sohigian

The "privilege log" emerged like a mythical beast from the mists of "best practices" and the smoke rising from angry meet and ...