Appellate Practice, California Supreme Court, Judges and Judiciary
California Supreme Court by the numbers: oral arguments
By Kirk C. Jenkins
What can we learn from the oral arguments in the 84 cases decided by the California Supreme Court in 2017?
Corporate, Labor/Employment
Maintaining privilege in attorney-led investigations
By Gregory W. Knopp, Stephanie P. Priel
Earn MCLE credit learning about how to avoid disclosing documents that your company never expected to see the light of day
Former U.S. Supreme Court Justice David Souter, sitting with the 1st Circuit, recently tackled the question of whether an insu...
Alternative Dispute Resolution, Law Practice, Civil Litigation
To settle or not to settle with a joint tortfeasor?
By Lars C. Johnson
Before you pursue a partial settlement though, either on the defense or plaintiff’s side, it is important to understand the im...
Judges and Judiciary
Judge recalls threaten impartial judiciary
By Nicole Virga Bautista
The recent recall of Judge Aaron Persky -- the first recall of a California in 86 years -- is a serious assault on judicial in...
California Courts of Appeal, Government, Civil Litigation
The scope of district attorneys' ability to pursue a UCL claim
By Nancy Harris
A recent Court of Appeal ruling is the first in a set of anticipated cases addressing the issue of the scope of local prosecut...
California Supreme Court, Criminal
State high court weighs access to social media posts
By Donald M. Falk
A murder defendant subpoenas social media posts by the victim and a prosecution witness to show that the victim had threatened...
When the facts are ambiguous about whether you have to pay back the money, thinking of it as a loan can seem expedient.
Administrative/Regulatory, Transportation
Representing clients (or yourself) when buying preowned aircraft
By John T. Van Geffen
When considering buying a used aircraft, protecting against expensive mistakes is essential.
Practicing family law is not for the faint hearted
By Jeffrey P. Blum
With the marriage deteriorating, Husband tricked Wife into returning to Fiji. He also tore out the page in her passport contai...
Civil Litigation, U.S. Supreme Court
Ruling will prevent an ‘infinite’ statute of limitations
By Jeremy K. Robinson
On Monday, the Supreme Court revisited the “American Pipe tolling” rule and, resolving a split among the federal circuits, sai...
California Supreme Court, Constitutional Law, Criminal
Prosecutorial laundry lists create Batson/Wheeler problems
By Mai Linh Spencer
A recent ruling by the California Supreme Court shows that defendants arguing error still have a steep uphill appellate climb.
Administrative/Regulatory
More IoT devices means increased risk of cyberattacks
By Daniel B. Garrie, Sean McKee
Estimates suggest that by 2020, there could be around 50 billion devices of one type or another connected worldwide.
Entertainment & Sports, Intellectual Property, Civil Litigation
Video games, basketball, tattoos and copyright lawsuits
By Delia Ramirez
Earlier this year, a judge in New York denied a motion for judgment on the pleadings asking the court to find that the defenda...
A key tax question on each transfer is the market value at the time of the transfer. With the wild swings in value that many c...
California Supreme Court, Constitutional Law, Labor/Employment, U.S. Supreme Court
California’s discriminatory approach to agriculture regulation is in a class of its own
By Erin E. Wilcox
While California farmers are the most recent casualty of state overreach, without the protection of the class-of-one doctrine,...
Construction, Government, Civil Litigation
California courts are wrestling with lease-leaseback posers
By Garret D. Murai
The lease-leaseback method of project delivery allowed new schools in California to be built without the need for up-front pro...
The Supreme Court should hear the case of Brendan Dassey, the intellectually disabled youth whose confession was obtained thro...
Civil Rights, Constitutional Law, U.S. Supreme Court
What the court got wrong in Masterpiece Cakeshop
By Erwin Chemerinsky
The seemingly narrow ruling is going to make it easier to find that the government is impermissibly discriminating against rel...
Administrative/Regulatory, Civil Rights, Government, Labor/Employment
Bills address #MeToo concerns
By Natalie B. Fujikawa, Benjamin M. Ebbink
Several bills wending their way through the California Legislature aim to ramp up sexual harassment training in California wor...
Constitutional Law, Entertainment & Sports, U.S. Supreme Court
Sports betting and the creation of the Constitution
By Charles S. Doskow
To fully understand the ruling in Murphy v. NCAA, we must first go back to the Constitutional Convention of 1787.
Family
Assisted reproduction technologies: advances and complications
By Katie Burke
As the legal field tries to keep pace with medical advancements, complicated and interesting cases arise.
Tax, Real Estate/Development
New tax law created new real estate opportunities
By Phil Jelsma
Could a program included in President Donald Trump’s tax reform bill help fuel development in economically distressed areas of...
Government, Health Care & Hospital Law, Law Practice
VA hospitals and legal aid must team up to serve veterans
By Antoinette Balta
How the JD-MD duo is the modern day Batman and Robin.
State Bar & Bar Associations
Some unintended(?) consequences of California’s inflated cut score
By Mai Linh Spencer
Like many, I found the 27.3 percent February 2018 bar pass rate distressing — particularly because some of the 2,644 unsuccess...
Ethics/Professional Responsibility, Law Practice
Respond the right way if faced with malpractice claims
By Shari L. Klevens, Alanna G. Clair
For attorneys, being sued for legal malpractice can give rise to a host of emotions, ranging from embarrassment to guilt to an...
Law Practice
Learn the language of clients: How to engage junior law firm associates both early and often
By Kimberli A. Williams
The inclusion of junior associates in these non-traditional assignments will allow them to acquire a holistic understanding of...
Alternative Dispute Resolution, Labor/Employment
The #MeToo movement and confidential settlements
By Patricia K. Gillette
With the advent of the #MeToo movement, however, some people are questioning the ways in which these allegations are addressed.
Administrative/Regulatory, Transportation
Preemption takes off
By Kristine Meredith, Mike Danko
Aviation accidents spawn a defense to state law tort claims.
Please, people, I beg you to stop saying "that begs the question," unless it actually does.