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Government, Judges and Judiciary

As is true with all successful lawyers at the top, Ivette Pena works very long hours and is available 24/7 for the latest brea...


Alternative Dispute Resolution, California Supreme Court, Class Action

Questions remain after Adolph v. Uber Technologies, Inc. decision

Aug. 14, 2023
By Monique Ngo-Bonnici, Jonathan Andrews

Unfortunately, the Adolph decision leaves open several unanswered questions regarding the preclusive effect of the arbi...


Tax

Taxing disability pay and settlements

Aug. 14, 2023
By Robert W. Wood

Many insurance companies offer disability policies, and if you buy one, it is usually out of your own pocket, which means afte...


Contracts, Family

Waiving spousal support in a premarital agreement

Aug. 14, 2023
By Franklin R. Garfield

Last v. The Superior Court of Orange County offers little solace to a party attempting to enforce a spousal support wai...


Government

It’s not hyperbole to question whether LA’s public defenders will be able to meet their obligations in the coming months witho...


Construction, Environmental & Energy, Government

GODOT arrives: CEQA reform at last?

Aug. 11, 2023
By Jeffrey P. Carlin, Megan E. Ault

Though years-long in the making, reforms to expedite judicial review of certain infrastructure projects has finally arrived.


U.S. Supreme Court

SCOTUS ushers in a new era of segregation

Aug. 11, 2023
By William W. Bruzzo

Despite 245 years of slavery and 100 years of Jim Crow -- which ended officially in 1964 -- as well as institutional bias agai...


Criminal

One pill can kill but jury must decide if it's murder

Aug. 11, 2023
By Terrence M. Jones

The challenge for the Riverside prosecutors will be whether they can convince a jury of the defendant’s intent to kill – that ...


Donald Trump has not been indicted for lying or falsely claiming the election was stolen. The indictment alleges that he “purs...


Appellate Practice, Law Practice

Being a trial attorney does not mean you are in some exclusive club reserved only for certain persons who possess or, better, ...


Government, Judges and Judiciary

With the impending trials of former president Donald Trump, the legitimacy of our legal institutions balances on a knife’s edg...


Civil Rights, Health Care & Hospital Law

Lacks’ cells were harvested in 1951, when it was not illegal to do so without a patient’s consent. However, lawyers for Lacks’...


Constitutional Law, Law Practice

Constitutional issues can be thorny given the importance of constitutional rights. The lesson here though is simple: Always, a...


9th U.S. Circuit Court of Appeals, Government, Torts/Personal Injury

Federal circuits have come up with a variety of interpretations of the state-created danger doctrine, but the Ninth Circuit re...


The stark contrast between the world of influencers and traditional Hollywood lies in their varying content creation and monet...


Intellectual Property, U.S. Supreme Court

On its face, the petition for certiorari with the United States Supreme Court in Nealy v. Warner Chappell Music ...


Judges and Judiciary, Technology

An emotional commitment and shared aspiration is central to the law. That is something that AI cannot replace.


Alternative Dispute Resolution

The value of an appellate perspective in mediation

Aug. 9, 2023
By Cynthia G. Aaron

Post-judgment mediations are more common than most attorneys might guess, given that one party has a victory in hand; they are...


Constitutional Law, Government

Moore v. Harper will exonerate Trump

Aug. 9, 2023
By Richard A. Nixon

Mr. Trump was simply following advice given to him by his attorneys. He was following their advice and the text of his positio...


Appellate Practice, Law Practice

Is the “truth” revealed in an appellate court decision always applied retroactively? No. Courts refuse to apply decisions retr...


9th U.S. Circuit Court of Appeals, Civil Rights

Judges, like most of us, like to clear out cases that are time-consuming and aren't going anywhere. In Jones, the distr...


Civil Procedure, Contracts, Insurance

Insurance bad faith litigation: Pre-suit and time-limited demands

MCLE
Aug. 8, 2023
By Reza Torkzadeh, Allen P. Wilkinson

On Jan. 1, 2023, Code of Civil Procedure (CCP) sections 999 - 999.5 took effect for all pre-suit and pre-arbitration time-limi...


Civil Litigation, Government, Military Law

Feres Doctrine's day off

Aug. 8, 2023
By Eileen C. Moore

The federal government paid almost $1 million to settle a military sexual assault lawsuit even though it is immune from being ...


Immigration, Law Practice

Solo practice for the virtual immigration lawyer

Aug. 8, 2023
By Paola I. Neri-Michel

What makes virtual law practice so appealing is its efficiency. You are more productive when you can manage your law practice ...


Civil Rights, Labor/Employment

During the early 1900s, sporadic violence had erupted between west coast shipping companies and longshoremen, but the companie...


Paul Kiesel and Jeffrey Koncius of Kiesel Law LLP discover that generative artificial intelligence responds better to polite r...


Sylvia White-Irby oversees a 47-member team whose primary purpose is to make sure that the judicial and executive officers at ...


Guide to Legal Writing

Column composed by a Human

Aug. 7, 2023
By Arthur Gilbert

Make the brief short, even though it takes a longer time to write. Use Ockham’s razor and cut, cut, and then cut some more. If...


Labor/Employment

The Freelance Worker Protections Ordinance went into effect a little over a month ago. Businesses should pay the Ordinance the...


Labor/Employment

The Strike! Part 4: At the bargaining table

Aug. 7, 2023
By Myron Moskovitz

It was now almost 4 a.m. the next morning! If we didn’t come to an agreement by 5 a.m. at the latest, no workers would appear ...