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Alternative Dispute Resolution

A discussion about mediating emotionally complex cases.


Ethics/Professional Responsibility, Law Practice

Risks when facing a legal malpractice claim

Jul. 9, 2021
By Shari L. Klevens, Alanna G. Clair

The first impulse of an attorney on the receiving end of a legal malpractice claim may be to panic. Here are some helpful tips...


Health Care & Hospital Law, U.S. Supreme Court

If the Supreme Court rules that the Medicaid Act does not preempt state law, laws like those in California that do not permit ...


Civil Litigation, Torts/Personal Injury

Tiger Woods crash: Dangerous condition of a public roadway?

Jul. 9, 2021
By Daniel K. Kramer, Teresa A. Johnson

While driving on a particularly winding stretch of road, professional golfer Tiger Woods sustained multiple injuries as a resu...


Constitutional Law, U.S. Supreme Court

OT20: It’s a wrap

MCLE
Jul. 9, 2021
By James Azadian, Becky James

Gaveling out last week, the justices issued their final opinions of the October 2020 term, drawing to a close one of the most ...


California Courts of Appeal, California Supreme Court, Constitutional Law, Government

In a first, a California Court of Appeal has issued an opinion that holds that the governor has the power to unilaterally legi...


Law Practice, Technology

A quick and handy primer on AI and the law

Jul. 8, 2021
By Lance Eliot

There is a bit of nebulousness when it comes to talking about AI and the law. Different experts or pundits seem to refer to th...


9th U.S. Circuit Court of Appeals, Judges and Judiciary

Q&A: 9th Circuit Judge Kim Wardlaw

Jul. 8, 2021
By William Domnarski

On the bench now for 26 years, Kim Wardlaw tells us about becoming a federal judge and about life on the 9th Circuit. She also...


Government, U.S. Supreme Court

Justice Thomas: No penchant for pot, but a talent for tax

Jul. 8, 2021
By Julie A. Werner-Simon

There has been much buzz about the surprising loquaciousness of Supreme Court Justice Clarence Thomas in a statement regarding...


Constitutional Law, U.S. Supreme Court

A SCOTUS takings trifecta

Jul. 7, 2021
By Michael M. Berger

A number of years ago, it dawned on me that takings decisions from the U.S. Supreme Court generally seemed to come down in Jun...


Corporate

The intersection of shareholder activism and corporate ESG efforts

Jul. 7, 2021
By Derek Zaba, Kai Liekefett

Activities of shareholder activists this proxy season at oil and gas companies have been widely reported. The successes of the...


Civil Rights, Law Practice

The pop singer’s conservatorship case is a perfect example of why laws that “protect” the right to counsel have too many looph...


Government

Fixing the Federal Election Commission

Jul. 7, 2021
By Dan Jacobson

Part of the For the People Act (H.R. 1) would attack the FEC’s problem of not being able to form a quorum.


Appellate Practice

50 ways to leave your appeal

MCLE
Jul. 6, 2021
By Benjamin G. Shatz

Appellate folklore -- borne out by statistical reports -- is that at least 3% of all California appeals are dismissed for proc...


Corporate

Challenge to board diversity revived, but to what effect?

Jul. 6, 2021
By Virginia F. Milstead, Kasonni Scales

To date, no corporation itself has challenged either law. And in March 2021, more than two years after the enactment of SB 826...


Appellate Practice, Judges and Judiciary

From the horse’s mouth

Jul. 6, 2021
By Myron Moskovitz

A few points about how judges think and operate.


Law Practice

Using data sets to settle cases

Jul. 6, 2021
By Daniel B. Garrie, Gail A. Andler

Suppose you have a consumer class action involving thousands, or millions, of consumers who ingested a tainted supplement. How...


Constitutional Law, U.S. Supreme Court

In Pakdel v. City and County of San Francisco, the Supreme Court spoke with one voice. Knick v. Township of Scott means what i...


Labor/Employment

Some California jurisdictions are experiencing increases in their local minimum wages rates, effective this week.


Law Practice, Military Law

Hats off to Public Counsel's Amanda Pertusati and Paul Hastings' Andy LeGolvan


Civil Litigation, U.S. Supreme Court

The U.S. Supreme Court in a recent case sided with credit reporting agency TransUnion in ruling that thousands of consumers im...


Environmental & Energy, U.S. Supreme Court

The Supreme Court is considering whether to review a case involving a long-running dispute over water rights in the Imperial V...


9th U.S. Circuit Court of Appeals, Technology

The majority opinion encourages Congress to amend Section 230 to legally mandate that platforms adopt automated content filter...


Law Practice

Spears conservatorship just the tip of the iceberg

Jul. 1, 2021
By Shannon Cogan, Anne Hadreas

Unfortunately, the pop star’s experience is a common one for people with developmental disabilities or mental illness, whose f...


Intellectual Property, U.S. Supreme Court

The U.S. Supreme Court held that the administrative patent judges of the Patent Trial and Appeal Board, which decides inter pa...


Securities, U.S. Supreme Court

Supreme Court brings clarity to ‘fraud-on-the-market’ theory

Jun. 30, 2021
By Thomas A. Zaccaro, Scott Carlton

The U.S. Supreme Court recently addressed important substantive and procedural questions for class certification in federal se...


Civil Litigation, Law Practice

Justice in the courtroom. Service in the community.

Jun. 30, 2021
By Daniel K. Kramer

A win in a class action is a win for many. It is not only the members of the class action who are directly part of the settlem...


Tax, Technology

On June 18, the IRS released Chief Counsel Advice 202124008, asking and answering a question: Does an exchange of (i) Bitcoin...


Law Practice, Letters

Service of process: Sacrifice in the name of progress

Jun. 30, 2021
By Randolph M. Hammock

I read with great interest my colleague Judge Michael Stern’s June 29 column, “Service by process by email: A modest 21st cent...


With the latest emergency temporary standards for vaccinated and unvaccinated employees in the workplace and many employees re...