California Supreme Court, Government, Year in Review Column
California Supreme Court decisions interpreting Government Claims Act immunities
By Daniel P. Barer
It is significant that in the 60th anniversary year of the act, the California Supreme Court rendered four decisions setting f...
Civil Litigation, Year in Review Column
California courts continue to circumscribe anti-SLAPP motions
By Douglas L. Johnson, Daniel B. Lifschitz
The California Courts of Appeal issued a substantial slate of precedential anti-SLAPP decisions in 2023, many of which helped ...
Joint filing can be more convenient and can usually save you tax money overall compared to two separate tax filings. But there...
Corporate, Securities
Preparing for activism after it arrives is too late
By Leo E. Strine Jr., Elina Tetelbaum
Why a sound business strategy, investor engagement, and strong leadership are the best defense against activism.
Interstate conflicts will play out in venue transfer motions, decisions on choice of law, motions to enforce sister state judg...
Constitutional Law, U.S. Supreme Court
The founders’ broad views of press freedom in online-speech cases should be upheld
By Kristin A. Linsley, Lee R. Crain
If the Court looks to history and evaluates the common understandings of the Founding generation, it should find these attempt...
Ethics/Professional Responsibility, Law Practice
AI in legal practice: New California Bar guidelines
By Merri A. Baldwin
The legal profession has become increasingly interested in using generative artificial intelligence (AI) in the practice of la...
Torts/Personal Injury
MICRA expanded to non-patient drivers negligently hit by ambulances
By Benjamin T. Ikuta
In any lawsuit even tangentially involving healthcare or a healthcare provider, the plaintiff’s attorney should always file wi...
Judges and Judiciary, U.S. Supreme Court
What I Learned From SO’C
By Brian M. Hoffstadt
What I cherish most from my time with her, as well as from our more sporadic interactions in the many years since my clerkship...
Alternative Dispute Resolution
‘Don’t Ask, Don’t Tell’ is a conflict avoidance tactic
By Mark B. Baer
9th U.S. Circuit Court of Appeals
Ninth Circuit 2023 Appellate Roundup
By Benjamin G. Shatz, Patrice Ruane
The 9th Circuit was presented with some fascinating appellate cases – particularly with cases about appellate standing, jurisd...
Corporate
Businesses elevated as guardians of national security and financial integrity
By Phil Jelsma, Ulrick Matsunaga
The Corporate Transparency Act goes into effect Jan. 1, and underscores a paradigm shift – demanding a proactive approach from...
Law Practice, Year in Review Column
A season of giving billable hours only
By George K. Rosenstock
The industry standard for pro bono hours – 20 hours per lawyer – is generally ignored by all but the largest law firms, the la...
Securities, Tax, U.S. Supreme Court
Preparing for the argument: Moore v. U.S.
By Madison S. Spach Jr.
On Dec. 5, the Court will hear Moore v. U.S., a case that turns on whether Congress has the power to tax shareholders o...
We all know that A.I. can call up so many more items of information than any human brain can. Some responses to my past column...
Torts/Personal Injury, Year in Review Column
After a yearslong exodus, attorneys likely to return to medical malpractice
By Gregg A. Hubley, Alena Klimianok
Modernized recovery laws provide new incentive for medical malpractice lawyers, and could change the legal landscapes of Calif...
Torts/Personal Injury, Year in Review Column
Once time-barred sexual assault claims could upend school district budgets
By Calvin R. House
The proliferation of claims and the increase in damage awards has increased the cost of insurance, putting additional financia...
When I represent an appellant, my job is to win a reversal. I do that without saying that the trial judge was stupid, l...
Law Practice, Year in Review Column
Are law firms acting responsibly? They need to do more, research says
By Lisa Hart Shepherd
As virtually all industries migrate towards being more sustainable, lawyers have a crucial role to play in acting in the clien...
In an earlier era, the U.S. was initially reluctant to participate in World Wars I and II. But fascist dictators implemented i...
Alternative Dispute Resolution
How to select a mediator in three easy steps
By Jeff Kichaven
It’s relatively easy for lawyers to determine the level of a prospective mediator’s knowledge of the territory. But be careful...
Ethics/Professional Responsibility
The new attorney rules could unleash Pandora’s box of unintended consequences
By Kurt L. Schmalz
California Rule of Professional Conduct 8.3 and Business & Professions Code Section 6090.8 – the new lawyer “snitch” rules...
The Tiffany decision is an extreme example of a Court “strain[ing] to implement. . .[ parties] intent” to form a contract (cit...
State Bar & Bar Associations
California bar exam unnecessarily screens out potential excellent lawyers
By Claudia B. Center
Many legal services organizations and legal aid attorneys strongly support the proposed pilot creating a portfolio alternative...
Liquidated damages could undo a settlement agreement
By Abraham A. Khan
When a settlement agreement negotiated at a mediation includes liquidated damages, it may face heightened scrutiny, and a poor...
Administrative/Regulatory, Real Estate/Development
Don’t use the Coastal Act to abuse the Coastal Act
By Frank P. Angel, Cooper Kass
Short-term rentals expand overnight stay opportunities for coastal visitors, but have sparked complaints from locals about inc...
A recommendation to recognize an exception to the hearsay rule for a present sense impression lacked support, and § 1243 never...
Administrative/Regulatory, Constitutional Law
Is it time to reconsider Penn Central?
By Michael M. Berger
We need to stop kidding ourselves. Penn Central isn’t working and it can’t be fixed. The way to put all of us — judges, regula...
Labor/Employment
How far do California’s new non-compete laws reach?
By Walter C. Pfeffer
California’s new statutes on restrictive covenants create thorny issues for employers trying to determine who is actually cove...
We should start by following the advice of my wonderful and even heroic deceased father, U.S. District Judge William P. Gray, ...