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

A serial litigant’s intent to return may not be rejected “simply because” he is a serial litigant who brings numerous ADA cases.


The IRS said that given the complicated fact-specific nature of evaluating these payments for federal tax purposes, it was rul...


Education Law, Criminal

Creating a prison to university pipeline

Feb. 16, 2023
By Keramet Reiter, Katie Tinto

Not only does education dramatically reduce recidivism, but it is significantly cheaper than incarceration.


Tax, Real Estate/Development, Government

City of LA mansion tax faces serious equal protection scrutiny

Feb. 16, 2023
By Jeffrey Dintzer, Matt Hedstrom

A recent lawsuit asserts that the tax fails to provide any rational basis for differing treatment of different “classes” under...


Judges and Judiciary, Ethics/Professional Responsibility

Biased judges can undermine justice

Feb. 16, 2023
By Arash Homampour

When a judge’s unconscious or implicit biases affect decisions and actions in court, they can compromise the fair and impartia...


Civil Litigation

Frequency analysis in settlement

Feb. 15, 2023
By Curtis E.A. Karnow

Frequency analysis gives the mediator a variety of ways to tweak the numbers to suggest to the parties that their gut estimate...


Law Practice, Appellate Practice

Shorter is better

Feb. 15, 2023
By David M. Axelrad

Briefs within the current California limits – 14,000 words for principal briefs and 28,000 words for combined briefs in a cros...


Ethics/Professional Responsibility

Don’t jeopardize your fee

Feb. 15, 2023
By John B. Sullivan

A review of ethical issues that can put your fees at risk.


Government

It’s a bird, it’s a plane… It’s a super statute

Feb. 14, 2023
By Brian M. Hoffstadt

Sometimes, the potential clash between new Legislature-enacted laws and prior voter initiatives is obvious, and the Legislatur...


Judges and Judiciary, Civil Procedure

End extreme forum shopping

Feb. 14, 2023
By Erwin Chemerinsky

Not surprisingly, conservatives challenging Biden administration policies choose to file in a division where there is just one...


Real Estate/Development, Land Use

Health and safety receiverships are a legal remedy to repair major nuisance properties and increase affordable housing.


Wills, Estates & Trusts, Tax

The estate tax is voluntary

Feb. 13, 2023
By Bruce Givner, Owen Kaye

Good estate tax planning is good creditor planning.


California Supreme Court

California Supreme Court Review: January 2023

Feb. 13, 2023
By Alexis S. Coll, Nicole J. Kim

The California Supreme Court's recent decision, Yahoo Inc. v. National Union Fire Insurance Company of Pittsburgh, articulated...


Labor/Employment, Covid Columns

Post-COVID accommodations may still be reasonable

Feb. 13, 2023
By Kamran M. Shahabi

Employers must now consider accommodation requests that reflect the workplace changes wrought by COVID. The world may have bee...


Ethics/Professional Responsibility

Avoiding ethical snares when defending depositions

Feb. 10, 2023
By Alanna G. Clair, Shari L. Klevens

It is helpful to review the relevant rules governing the scope of depositions and the nature of permissible objections before ...


Criminal

Girardi is already confined to an assisted living location. Moving him to another, even if it is prison, will not inflict much...


Entertainment & Sports

Stream it Tonight! Let Him Have It (1991)

Feb. 10, 2023
By Paul Bergman, Michael Asimow

The judge’s comments are less a summing up than a dressing down of the defendants; he does everything but order the jurors to ...


Technology, Ethics/Professional Responsibility

Deepfake defense emergence needs ethical oversight

Feb. 10, 2023
By Rebecca Delfino

Because the norms of professional ethics require lawyers to advocate zealously, deepfakes invite lawyers to raise new objectio...


Law Practice

Five trial tips for new attorneys

Feb. 9, 2023
By Cherrie Tan

If you are addressing the judge, listen closely. The court may be on your side and you do not want to make it difficult for th...


Government

Demands for change in police culture

Feb. 9, 2023
By A. Marco Turk

Lest it be assumed that current community-based policing is a political football, we should know it was not always so.


Government, Criminal

Convicted gang murderers commit new crimes

Feb. 9, 2023
By Kathleen Cady

Gascón claims to rely on “data and science.” What the data reveals from this group of convicted murderers is that 66% have bee...


Government

Norway prison bill deserves a chance

Feb. 9, 2023
By George K. Rosenstock

It is an understatement to posit that our penal system is utterly failing to reintegrate its offenders into society.


Military Law, Civil Procedure

Many of the symptoms of PTSD, including avoidance and anxiety, often prevent veterans from facing their trauma for years. Yet ...


Immigration, Criminal

Ties to U.S. must be considered in criminal-related deportations

Feb. 8, 2023
By Kahn Scolnick, Daniel Adler

California Supreme Court protects rights of noncitizens seeking relief from consequences of uninformed guilty pleas.


Military Law

Black & Blue

Feb. 8, 2023
By Eileen C. Moore

The court martial of Black sailors for mutiny by the Navy.


Law Practice, Appellate Practice

The decision may not break much new doctrinal ground, but it likely will have a huge practical effect.


California Courts of Appeal, 9th U.S. Circuit Court of Appeals

2022’s top federal appellate practice cases

MCLE
Feb. 7, 2023
By Benjamin G. Shatz, Benjamin E. Strauss

Unlike California, with its robust writs practice, federal writ practice is anemic at best, meaning that statutory interlocuto...


Tax

The four tax shelters (don’t overlook life insurance)

Feb. 7, 2023
By Bruce Givner, Owen Kaye

Life insurance has a benefit the other three lack: all the ways in which money comes out of a life insurance policy are income...


Civil Procedure, 9th U.S. Circuit Court of Appeals

California cannabis businesses may walk the line – paying state taxes and obtaining licenses – but that doesn’t mean they will...


Intellectual Property

When monkey business slips into trademark infringement

Feb. 7, 2023
By David Martinez, Zac Cohen

“No mere monkey business”: Why a federal judge rejected an artist’s First Amendment defense to trademark infringement, keeping...