Criminal, Judges and Judiciary, Law Practice, Civil Litigation
The whole truth
By Michael J. Raphael
Even our friends who lack a J.D. know, a witness typically swears that she will tell not just the truth, and not just nothing ...
9th U.S. Circuit Court of Appeals, Civil Litigation
9th Circuit arbitrator disclosure ruling: In search of a solution to a problem it’s unable to solve
By Marc D. Alexander
A recent ruling is an important case creating a new requirement that arbitrators disclose their ownership interest in ADR orga...
Entertainment & Sports, Intellectual Property, Civil Litigation
Why a flexible fair use inquiry best promotes copyright’s purpose
By Erik Stallman
“Oh the Places You’ll Boldly Go!,” a literary “mash-up” that places characters from the “Stark Trek” universe in settings base...
California Supreme Court, Insurance, Civil Litigation
Pitzer suggests it might be time to reexamine the notice-prejudice rule as applied to claims-made-and-reported policies
By Christopher Kim
In Slater the Court of Appeal declared that no authority supports the proposition that public policy mandates that the notice-...
Corporate, Tax
In business divorce litigation, don’t forget to think about taxes
By Dashiell C. Shapiro
The way the settlement or judgment is structured can have significant consequences when tax season rolls around. So it pays to...
California Supreme Court, Constitutional Law
California’s constitution needs some changes
By Stephen M. Duvernay, Brandon V. Stracener
Several provisions in California’s constitution are dead letters, having been quashed by judicial decisions or otherwise rende...
California Supreme Court, Civil Litigation
Kibler’s long shadow to be lengthened further as state Supreme Court addresses application of anti-SLAPP in peer review cases
By Carlo Coppo, David M. Balfour
The Supreme Court is expected to answer open questions about the application of the anti-SLAPP statute, Civil Procedure Code S...
Judges and Judiciary
We count what we care about: Conservatees in California
By Thomas F. Coleman
Bankers know to the penny how much money they are managing in their financial institution. Elections are based on the actual n...
Constitutional Law, Government, Tax, U.S. Supreme Court
En banc circuit review or Supreme Court review likely in Trump tax dispute
By John H. Minan
Given Trump’s willingness to block any attempt to access his financial records and business dealings, the only thing certain i...
Administrative/Regulatory, Government
Businesses: What to know about draft CCPA regulations
By Lindsey Tonsager, Jadzia Pierce
California Attorney General Xavier Becerra is responsible for interpreting and enforcing the act, and published draft regulat...
Antitrust & Trade Reg., Entertainment & Sports, Civil Litigation
Antitrust battle continues between WGA, talent agencies
By Michelle Lowery, Steven P. Vaughn
A Hollywood union’s recent amendments to its union rules sparked federal antitrust lawsuits by three of Hollywood’s top talent...
Labor/Employment
Are golf professionals now ‘employees’ under Assembly Bill 5?
By Colin Walshok
With the looming implementation of AB 5 many people in various trades and professions are asking, “Are we now employees?” One ...
Constitutional Law, Law Practice
The United States of America: plural or singular?
By Frank H. Wu
The United States of America, it has been pointed out, was once a plural. Through grammar, you could discern that regionalism ...
9th U.S. Circuit Court of Appeals, Alternative Dispute Resolution, Civil Litigation
Full (arbitrator) disclosure: 9th Circuit got it right
By Michael H. Leb
The panel held that before an arbitrator is officially engaged to perform an arbitration, to ensure that the parties’ acceptan...
Administrative/Regulatory, Government
New law roundup: California cannabis laws continue to grow and evolve
By Joshua R. Mandell, Claudia Fu
This month, Gov. Gavin Newsom signed numerous bills into law further refining California’s already comprehensive cannabis regu...
The IRS has issued two new pieces of guidance. These rules are IRS interpretations of existing law, which means the IRS could ...
The objective of this article and self-study test is to review the law regarding the official records exception to the hearsay...
Intellectual Property, Civil Litigation, U.S. Supreme Court
Is willfulness is required to award profits in a trademark infringement case?
By Jeffrey A. Kobulnick
The Supreme Court’s ruling in a trademark case this term could have sweeping effects if it were to resolve the circuit split b...
Ethics/Professional Responsibility, Law Practice, Civil Litigation
Walking the tightrope of representing two-person entities
By Timothy D. Reuben
When representing a two person partnership or corporation, how does a lawyer avoid developing direct fiduciary duties to each ...
A look at the late justice’s biography, “The Making of a Justice: Reflections on My First 94 Years.”
Alternative Dispute Resolution, Labor/Employment, Civil Litigation
Pay your arbitration fees on time or lose the right to arbitrate
By Jason Ibey
That is the clear message sent to companies and employers with the recent passage of Senate Bill 707 in California by Gov. Gav...
State Bar & Bar Associations
Missed opportunity to make sense of discipline discrimination study
By Daniel Everett
Governor Gavin Newsom and the California Legislature were duped earlier this month into signing off on Senate Bill 176, the li...
Civil Rights, Ethics/Professional Responsibility, Labor/Employment
Legal ethics: The perils of playing down sexual harassment
By A. Marco Turk
It was recently reported that Ernst & Young subjected women employees to “training” that would keep the company’s men happy.
Law Practice
Will artificial intelligence please take the stand (part 2)
By Paul F. Rafferty
In this chapter, we will look at what others have said, or are doing in furtherance of AI testimony, introduces the concept of...
Criminal, Government
Less heralded than AB 392, SB 230 may have greater long term impact on police practices
By J. Scott Tiedemann, Paul D. Knothe
California’s Legislature passed two laws this year, Assembly Bill 392 and Senate Bill 230, which modernize the state’s use of ...
Contracts, Insurance, Law Practice
The unfortunate need to address mass shootings in contracts
By Richard J. Idell
For those in the live entertainment business, where venues have become targets, there has been a need to address operational i...
9th U.S. Circuit Court of Appeals, Civil Rights, Civil Litigation, U.S. Supreme Court
Takeaways from cert denial in website accessibility suit
By Kristina M. Launey, Minh N. Vu
When Domino’s asked the U.S. Supreme Court to review the 9th Circuit’s decision to allow a website accessibility case filed ag...
Corporate, Tax
California’s FTB can collect 13.3% tax even from nonresidents
By Robert W. Wood
If you live in California, you probably know how aggressive California’s state tax agency can be. But even if you live somewhe...
To every current view we bring expectations from the past. So it is with a visit to London as part of a delegation during Lega...
Criminal
Extending SOL for sexual assault victims is an important step
By John C. Taylor, Sonya Ostovar
On Oct. 13, Gov. Gavin Newsom signed AB 218, providing survivors of childhood sexual assault a significantly greater opportuni...