Appellate Practice, Civil Litigation, Law Practice
A little help here?
By Benjamin G. Shatz
On its face, Section 166.1 is a rather peculiar statute. As you might guess, it was drafted by lawyers for their use, speciall...
Corporate, Securities
Investor protections in private equity funds
By Sara L. Terheggen
o best protect their investment, investors should determine whether the general partner has incorporated any recourse protecti...
Government, Labor/Employment
How COVID-19 could permanently transform public agency operations: lessons learned
By T. Oliver Yee, Alysha R. Stein-Manes
The coronavirus public health emergency has drastically changed how workplaces operate. This is particularly true for public a...
Constitutional Law
The crossroads of free speech and executive prerogative
By Michael Montaño
May 27, 2020, will be remembered as the day when the president of the United States publicly threatened to censor political sp...
…together?’
Who was Joseph Tussman?
Criminal
AG can choose to stop defending some death sentences during COVID-19
By Samuel Weiscovitz
Using his significant -- and underutilized -- power to control post-conviction case resolution, the AG can serve the public in...
Criminal
Ruling will provide fodder for arguments over preventative detention
By Robert M. Sanger
The news in this opinion is that the California Supreme Court has found that preventive detention is constitutionally permitte...
Administrative/Regulatory, Government
Executive order adds historic Regulatory Bill of Rights
By Alison Somin
Last week, President Donald Trump signed an executive order with far-reaching implications for regulatory agency enforcement p...
For most of the last two decades, I have been a member of the Honorable William A. Ingram American Inn of Court, in San Jose. ...
Labor/Employment
Navigating the COVID-19 presumption for workers’ compensation claims
By Dwayne McKenzie, Kevin Hannifan
Executive Order N-62-20 establishes a rebuttable presumption, for purposes of awarding workers’ compensation benefits, that em...
Civil Litigation
We should suspend jury trials for unlawful detainer cases
By James P. McBride
Many persons outside the residential housing industry may not be aware that parties to an unlawful detainer proceeding are sta...
Alternative Dispute Resolution, Law Practice
Thinking outside the mask: law and the pandemic
By Robert S. Mann
Desperate times call for clever solutions. I’ve been rounding up stories about the many innovative ways in which lawyers and m...
Law Practice
Why attorneys are giving back during the COVID-19 pandemic
By Yvette Lopez-Cooper
In San Diego, lawyers have stepped up to the challenge by creating innovative ways to keep everyone safe while practicing soci...
9th U.S. Circuit Court of Appeals, Civil Rights, Constitutional Law, U.S. Supreme Court
Church attendance ruling not likely to have much influence
By Charles S. Doskow
The 9th Circuit decided a case on May 22 in which it firmly rejected First Amendment arguments which contested the application...
Alternative Dispute Resolution, Health Care & Hospital Law
Effective health care arbitration: A collaborative approach
By Viggo Boserup
One of the most frequent types of health care arbitrations is that between a provider of health care services (e.g., physician...
Civil Litigation
To help civil courts recover, some personal injury cases should not have jury trials
By Thomas A. Scutti
Our closets, garages, file cabinets and food pantries have never looked better during the lockdown. But, as we prepare for lif...
9th U.S. Circuit Court of Appeals, Environmental & Energy
Climate change lawsuits belong in state court
By Myanna Dellinger
On Tuesday, the 9th Circuit held in two separate opinions that lawsuits for damages to infrastructure caused by energy compani...
Criminal, Tax
Ruling confirms plea agreements are worth the paper they’re printed on
By Evan J. Davis
Courts recognize the unequal bargaining power in deciding whether a prosecutor has breached a plea agreement. As with any one-...
Appellate Practice, California Courts of Appeal, Civil Litigation
Evidence: An eternal struggle?
By Gary A. Watt, Nicole Kim
The hearsay rule traces back 500 years, and its ascension to a uniform principle occurred in the 1800s. How is it that 120 or ...
I am writing in response to the Daily Journal’s article May 26 article, “Bill aims to curb some juror challenges.” While the a...
9th U.S. Circuit Court of Appeals, Constitutional Law, U.S. Supreme Court
All together in one place: time to open the churches
By William J. Becker Jr., Jeremiah Graham
This Sunday, just as the disciples were “together in one place,” a number of churches throughout the state are planning to mar...
This column is concerned with one specific kind of guarantee and one specific type of relief: Are these orders valid under the...
Judges and Judiciary, Law Practice
COVID-cautious courts misinterpret governor’s order
By Kenneth J. Freed
It goes without saying that COVID-19 has disrupted all facets of daily life. As any practicing attorney knows, the effect on t...
Alternative Dispute Resolution, Law Practice
More settlement, mediation could be COVID-19’s legal silver lining
By Leonid M. Zilberman
The extraordinary events of the last few months have affected millions of lives and the one thing that can restore more certai...
As employers today navigate complex issues that they had never imagined, there are more than a few myths circulating about the...
Contracts
Is the force majeure clause about to go viral during the pandemic?
By Elizabeth Martyn
Previous articles indicate that if COVID-19 is a force majeure event, it is one like no other ever litigated: a worldwide pand...
Banking
COVID-19 exceptions in credit agreements (Part II of II)
By Sandra Lee Montgomery, Bharat Moudgil
This article discusses additional considerations related to COVID-19’s impact on credit agreements.
Intellectual Property, U.S. Supreme Court
Ruling could be used to validate successive trademark suits over time
By Sharoni S. Finkelstein
Last week, the U.S. Supreme Court unanimously reversed the 2nd Circuit’s application of res judicata to bar Lucky Brand’s asse...
Family
Assessing risk of Family Code Section 271 sanctions
By Vivian Carrasco Hosp, Lance S. Spiegel
The back log of family law cases in the superior court is severe, estimated at 32,000. Unfortunately, in many of these cases, ...