During the 2016 presidential campaign, there was plenty of talk about estate taxes — death taxes to use a common pejorative te...
Criminal, Military Law
Accountability for sexual assault in the military: Time for reform
By Michael E. Rubinstein
Consider the following hypothetical: A successful, charismatic businessman attends an out-of-town conference with his female a...
Civil Litigation, Data Privacy
Here comes a wave of data privacy litigation
By Gary S. Lincenberg, Steven Zipperstein
Data privacy law is quickly becoming the hottest legal issue of the 2020s. Over the previous decade — amid the rapid growth of...
Military Law
Reconciling veteran law’s insanity exception with the insanity defense
By Charles Kohorst, Ariana Barlas
Every person who served in the United States' armed forces is not a "veteran," under the law. Instead, Congress gave the Depar...
Criminal, Letters
Domestic violence columnist should look to San Diego
By Eugene M. Hyman
In an Oct. 26 column “A dangerous policy of inaction in domestic violence cases,” Los Angeles County Deputy District Attorney ...
Constitutional Law, U.S. Supreme Court
High court to rule whether bullets always qualify as a seizure
By Brian Hoffman, J. Scott Tiedemann
The Fourth Amendment protects individuals against unreasonable searches and seizures, including the excessive use of force by ...
Law Practice, Technology
Artificial intelligence may spur a need for more lawyers
By Lance Eliot
A recent research study carefully examined the growth in the laws over a 25-year period. This alone provides important and fas...
Law Practice
#FreeBritney movement calls for conservatorship reforms
By Thomas F. Coleman
Since 2008 when she was involuntarily placed into a probate conservatorship in California, she has not been able to control he...
Covid Columns, Labor/Employment, Tax
Remote workers and out-of-state employers raise tax issues
By Suzanne Mulvihill
As more and more workers are required or encouraged to work from home in response to the COVID-19 pandemic, the consideration ...
Civil Litigation, Intellectual Property
Induced infringement ruling could have far-reaching effects
By Daniel Knauss, Alissa Wood
A recent Federal Circuit ruling has potentially far-reaching impacts in cases involving allegations of induced infringement.
Ethics/Professional Responsibility, Law Practice
When an attorney is sick, who and when must they tell?
By Shari L. Klevens, Alanna G. Clair
With flu season approaching and the COVID-19 pandemic enduring, there is extreme concern about the possibility of getting sick...
The latest instance involves Goldman Sachs, which is paying about $2.9 billion to settle its role in the 1MDB scandal.
Constitutional Law
This land is your land, but Malibu won’t let you tell anyone
By Christopher M. Kieser
Whether you live in a city, a suburb, or out in the country, you have probably seen a “private property” or “no trespassing” s...
Appellate Practice, Construction
Appellate ruling confirms duty to defend is immediate
By Garret D. Murai
A recent decision confirms that the duty to defend is immediate and, as can be surmised from the Crawford decision although it...
The Double-O designation gives Bond a license to kill, but when lawyers misuse it, they’re merely abusing their license to ill.
Judges and Judiciary, Law Practice
Commission on Judicial Performance adopts amended rules
By Kathleen Ewins, David McMonigle
This year, the commission considered amendments to six rules — Rule 115 (Notice of Tentative Public Admonishment); Rule 116 (P...
9th U.S. Circuit Court of Appeals, Immigration, U.S. Supreme Court
Who may enforce Congress’ appropriations powers
By Douglas A. Winthrop, Irvin Nathan
The U.S. Supreme Court recently decided to hear a pair of important 9th Circuit cases that seek to enjoin President Donald Tru...
Do alligators and crocodiles provide a blueprint for protecting commercial trade in wildlife?
By David Frulla, Bret Sparks
Last month, the Eastern District of California granted a preliminary injunction against the state of California regarding Pena...
Environmental & Energy
How to divide the groundwater pie and avoid legal challenges
By Christina Babbitt, Valerie C. Kincaid
Five years into California implementing the most sweeping change to state water law in a century, the first lawsuits are hitti...
Arthur Gilbert and I have some things in common: we both have two first names — only mine, Gilbert Arthur, sounds literary. An...
When I receive an appellant’s opening brief or respondent’s brief from my opponent, I print it out. Then I close my eyes and h...
Administrative/Regulatory
FDA proposes rule clarifying evidence for determining product’s intended use
By David M. Hoffmeister, James R. Ravitz
Recently, the U.S. Food and Drug Administration issued a statement and proposed rule clarifying the types of evidence that the...
California Courts of Appeal, Civil Litigation
Ruling requires public records act petitioners to post undertaking
By Ruthann G. Ziegler
In a recent ruling, the 3rd District Court of Appeal considered whether Code of Civil Procedure Section 529 requires parties g...
Government, Judges and Judiciary, U.S. Supreme Court
We shouldn’t appoint judges just because we can
By John H. Minan
Democratic presidential candidate Joe Biden has been peppered with questions about whether he will “pack the court” by adding ...
Law Practice, Technology
Infusing the dualism of both law and morality into AI
By Lance Eliot
There is an ongoing need to contend with differences between what the law states and what morality proffers. This is going to ...
Law Practice, Tax
Sometimes, legal settlements are taxed as capital gain
By Robert W. Wood
Legal settlements are usually taxed as income, and they are usually ordinary. That is the IRS default position. But the IRS is...
Ethics/Professional Responsibility, Law Practice
Communicating with clients and colleagues during COVID-19
By David M. Majchrzak, Heather L. Rosing
Speak to a risk management specialist in just about any industry, and they will tell you one of the best tools to prevent clai...
Labor/Employment
Navigating workers’ comp claims when employees work from home
By Neelu K. Khanuja
Approximately 31% of workers switched from working onsite to working at their home offices by the first week of April. This ch...
Ethics/Professional Responsibility, Law Practice
The future of advance conflict waivers in California
By Amy L. Bomse
This article considers where California law stands on broad advance conflict waivers in the wake of the California Supreme Cou...
California Supreme Court, Civil Rights, Constitutional Law, Criminal
Friends of the court, enemies of the death penalty
By Stephen F. Rohde
On Monday, Gov. Gavin Newsom told the California Supreme Court that "racial discrimination infects the administration of Calif...