Government, Land Use, Real Estate/Development
City attorneys: generate revenue, prevent crime and reduce blight
By Ryan Griffith
Neighborhood Law Programs are a way to get young lawyers experience to deal with nuisances that senior attorneys do not have t...
California Supreme Court, Criminal
The unknowable weight of separateness
By Brian M. Hoffstadt
The separation of powers doctrine has been described by the courts as both “important” and “fundamental.” But how important is...
Ethics/Professional Responsibility, Law Practice
CLA issues its first advisory opinion on ethical screens
By Neil J Wertlieb
The California Lawyers Association recently issued its first formal advisory opinion tackling the practical issue of what cons...
Appellate Practice, Law Practice
Appellate Adventures, Chapter 19: "How do I prepare for oral argument?"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato.
Civil Litigation, Law Practice
Settling successfully: Guidance for crafting proper 998 offers
By Charles M. Kagay
These days most lawsuits settle in the trial court and therefore never go up on appeal. Code of Civil Procedure Section 998 is...
9th U.S. Circuit Court of Appeals, Labor/Employment, U.S. Supreme Court
Ruling: Agreements can’t bar access to public injunctive relief
By Glenn A. Danas
The tension between the definition of public injunctive relief — a remedy that inures primarily to the benefit of the general ...
9th U.S. Circuit Court of Appeals, Constitutional Law, U.S. Supreme Court
High court should take opportunity to restore the right to exclude
By Damien M. Schiff
A fundamental aspect of private property is that the owner can choose whom to let onto the property and who to exclude as a tr...
Ethics/Professional Responsibility, Law Practice
Ethical billing: avoiding scum and villainy
By Brandon Krueger
To paraphrase Obi Wan Kenobi, in the hands of unscrupulous and unethical attorneys, legal billings can be a wretched hive of s...
9th U.S. Circuit Court of Appeals, Corporate
Arguments on California’s corporate board gender mandate
By Jen Rubin
California’s groundbreaking gender parity law for public company boards is the subject of two legal challenges, one of which c...
Law Office Management, Law Practice
What is your law firm really worth?
By Daniel O'Rielly, Dena Roche
In our practice advising California law firms, one of the questions we hear most often from our clients, in some form or anoth...
Alternative Dispute Resolution, Law Practice
When does it make sense and how to get a special master?
By Daniel B. Garrie, Gail A. Andler
Special masters are nominated by counsel or appointed through a court, arbitrator or other decision-making body with a mandate...
Judges and Judiciary, Letters
Judicial Council survey confirms people with disabilities underrepresented on the bench
By Peter A. Lynch
People with disabilities who make up 20% of California’s population are not being proportionately appointed to the California ...
If both the common and legal meaning of “gift” are the same, why are gifts given during marriage not always a gift? Because in...
On Feb. 26, Judge Amy Berman Jackson granted Sherwin’s motion, and entered an order vacating the court’s earlier decision dire...
Toby Ord whisks us in and out of environmental ethical puzzles with the speed of a Formula One racer — that exhilaration and ...
California Supreme Court, Civil Litigation
California Supreme Court poised to consider anti-SLAPP catch-all framework
By Ryan G. Baker, Scott M. Malzahn
Later this term, Geiser v. Kuhns will present the court an opportunity to clarify what must be shown to establish anti-SLAPP p...
California Supreme Court, Civil Litigation, Labor/Employment
Premium pay for meal break rounding violations after Donohue
By Kacey R. Riccomini, Arthur F. Silbergeld
The California Supreme Court last month determined that the practice of rounding meal period time was impermissible under stat...
Law as code is bandied around as a crucial determiner of the future for lawyers and the practice of law. Depending upon which ...
Data Privacy, Technology
Apple’s ‘Privacy Nutrition Labels’: Standardized approach to privacy notices?
By Andrew Scott
The reality is that consumers just do not have the bandwidth to spend the time reading the notices. Even if consumers spent th...
Does the military really want women in its ranks?
Demystifying COVID-19 health order enforcement
Environmental & Energy, Government
Key priorities for Biden’s Department of the Interior
By Richard M. Frank
The U.S. Department of the Interior plays an outsized role in California natural resources law and policy. Two examples: The f...
Books, Judges and Judiciary
California’s Technicolor clerkship: Rose Bird and her clerks
By Kirsten D. Levingston
An excerpt from “Of Courtiers & Princes: Stories of Lower Court Clerks and Their Judges.”
Appellate Practice, Judges and Judiciary, Law Practice, Letters
Implicit arguments do not explain ‘Justice Delayed’
By Charles A. Bird
The conceit of a regular columnist is to be published even when one has nothing to say. For this, I cite Myron Moskovitz's "On...
Civil Litigation, Law Practice
Errors relating to the presence of a jury
By David M. Axelrad
If prejudicial and properly preserved, these errors can result in reversal.
Constitutional Law, U.S. Supreme Court
The next landmark case on student free speech
By David Urban
Only about once in a decade does the U.S. Supreme Court decide a case on First Amendment rights of students. This year, the co...
Family
Strange new world: restrictions on the right to posthumously procreate
By Mark J. Phillips, Jake V. Phillips
The right of a woman to use the extracted sperm of a deceased partner is a fairly new concept in California, and with the rapi...
Law Practice, Tax
Guidance for navigating legal settlements, legal fees and estimated taxes
By Robert W. Wood
Two rules can help avoid penalties.
Administrative/Regulatory, Securities
Will the SEC expand the definition of a pump-and-dump?
By Paul A. Reynolds
The recent GameStop/Robinhood stock trading saga has proved resistant to easy analysis or quick conclusions, both dividing and...
A recent 9th Circuit decision was the first appellate ruling to permit a lawsuit to proceed on a challenge to forced membershi...