Why no one was ever brought to justice for this crime remains a puzzling enigma.
Military Law
A holiday present for all of us… no more Confederate names of military bases
By Eileen C. Moore
The Commission voted unanimously on each of the names it recommended for renaming.
Construction, Ethics/Professional Responsibility
Simple construction dispute turns into ugly McMansion of a case
By Garret D. Murai
“[T]he Kartons [came] out swinging, apparently believing the best defense is a good offense. This approach demonstrates the tr...
Tax
Should you get a tax opinion before filing taxes or only if audited?
By Robert W. Wood
If all the opinion accomplishes is preventing penalties, the client won’t be happy.
Civil Litigation
The revival of adult sexual assault claims
By Spencer Lucas, Jesse Creed
Five years after #MeToo, survivors of Harvey Weinstein’s sexual assault finally have a statute of limitations bill to call the...
9th U.S. Circuit Court of Appeals, California Supreme Court
An arbitrary decision - Honchariw v. FJM Private Mortgage Fund, LLC
By Jonathan D. Fink
The California Supreme Court is considering review of an appellate court’s ability to reverse an arbitrator’s decision to enfo...
Civil Rights, Constitutional Law
Equality for one, equality for all
By Daren H. Lipinsky
With the Second Appellate District's partial publication of its decision in Allen v. Staples, Inc., 84 Cal.App.5th 188 ...
Entertainment & Sports, Insurance
Tripping on the sidelines: inherent or increased risk of playing football?
By Michael E. Rubinstein
“Primary assumption of the risk does not grant unbridled legal immunity to all defendants, and an owner or operator still has ...
Family, Litigation & Arbitration
Even “toxic” clients deserve to have divorces effectively litigated or settled
By Hank M. Goldberg
When a party acknowledges their mistakes and commits to correcting them, case settlement and better case outcomes are not only...
Ethics/Professional Responsibility
Be mindful of limitations in agreements with clients
By Alanna G. Clair, Shari L. Klevens
The law recognizes that clients may have inequitable bargaining power when negotiating a relationship with a lawyer. To that e...
Labor/Employment, U.S. Supreme Court
“Life finds a way:” Viking River six months out
By Eric B. Kingsley
The Viking decision is a bit disjointed. As I have written before, the fundamental way to understand the opinion is thr...
Real Estate/Development
The Calif. Uniform Partition of Heirs Property Act
By Denise E. Chambliss, Katherine A. West
A careful study of the Heirs Property Act will quickly identify many questions or procedures left unanswered. Such issues and ...
Technology
Open-source license enforcement; risk to companies
By Daniel P. Hughes, Matthew Ruth
Though open-source software is offered for free, using it can carry hidden costs.
Entertainment & Sports
Stream it Tonight! The Trial of the Chicago 7 (2020)
By Michael Asimow, Paul Bergman
The conspiracy trial was political theater from beginning to end. It should be remembered as a battle in the culture wars rath...
Appellate Practice, Law Practice
The pandemic, Zoom, and a “new” civility
By Sidney Kanazawa
With stay-at-home orders and the limited availability of courts, we learned to negotiate – without threats.
Litigation & Arbitration
7 ways to make sure your Zoom court proceedings are professional and efficient
By Michael Louis Kelly
Logically, it makes complete sense that we adapt to the sea change of technological development and continue to build on it.
Intellectual Property
Lessons from MMAS Research about dispositive pitfalls in copyright litigation
By David Martinez, Austin B. Miller
One lesson is that a grant to a bare right to sue does not afford sufficient standing to assert copyright infringement.
The Class Action Fairness Act set off a “jurisdictional ping-pong game” where plaintiffs sought to have the case heard in stat...
Family, Health Care & Hospital Law
When the DPOA fails – a grey area of conservatorship
By Barbara Small
What happens when conditions are present that cause a Durable Power of Attorney to fail its intended purpose, but there has be...
Administrative/Regulatory, Judges and Judiciary
Special Masters: The court’s (not so) secret weapon
By Anne M. Lawlor Goyette
Now is the time for the expanded use of special masters. Over the past two and half years, Covid-19 significantly disrupted ci...
Entertainment & Sports, Judges and Judiciary
How Hollywood exacerbates anxiety medication side-effects
By Timothy L. Fall
There are over 1700 judges in California. That means more than 400 judges fall into the anxiety/depression population. Does th...
Administrative/Regulatory, Judges and Judiciary
More than money, less than candid
By Travis M. Poteat
News release from 54 trial court CEOs obfuscates instead of elucidates regarding reporter relocation.
What are the similarities and dissimilarities in the legal and moral questions raised by possible college admission discrimina...
Government, U.S. Supreme Court
"Moore" deference could lead to more gerrymandering
By John H. Minan
Should the Court adopt this rationale in Moore, it is essential that the precise meaning of "some deference" be clearly...
Civil Rights, Technology, U.S. Supreme Court
Decision on Section 230 could restructure the internet
By Adam S. Sieff
If the Court follows Justice Thomas and narrowly reads Section 230 only to protect “distributors” from “publisher” liability, ...
The final treasury beneficial ownership information regulations will affect millions of businesses and individuals.
Most lawyers are busy people, and the only feedback often given to junior attorneys is returned work product, marked up withou...
From its birth, it was a redundant oddity. The real question might be “how did it last for 20 years?”
For companies that have put in place and have been exercising their CCPA compliance programs, the compliance readiness process...
The Inflation Reduction Act provides qualifying startups and small businesses increased R&D tax credit to offset payroll tax.