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Ethics/Professional Responsibility, Judges and Judiciary

Can judges compliment lawyers?

Nov. 23, 2022
By Wendy L. Patrick

The practical application of professional ethics where appearances might influence the perception of reality, especially at a ...


Appellate Practice, Law Practice

Coping with stresses of the legal field

Nov. 23, 2022
By Angela Han

The point is to follow our own truth so that our external circumstances matter less, making the journey itself worthwhile and ...


Ethics/Professional Responsibility

Earning back our reputation through ethics

Nov. 22, 2022
By Nicholas Rowley

Many of us were told that Tom Girardi is a lawyer you never want to be on the wrong side of, that he was powerful and connecte...


Civil Rights, U.S. Supreme Court

Voting rights litigation may become a contradiction in terms

Nov. 22, 2022
By Anne P. Bellows, Ginger Grimes

Alabama is attempting to capitalize on the view that the Fourteenth Amendment’s Equal Protection Clause demands “colorblindnes...


An overview of California’s dog bite laws

Nov. 22, 2022
By Michael E. Rubinstein

California does not follow the “one-free bite” rule. Instead, a dog owner is liable the very first time his or her dog bites s...


Civil Litigation, Litigation & Arbitration

First inning of any new case: understanding the players

Nov. 22, 2022
By Joseph M. Barrett

Total honesty and some flexibility or compromise will be necessary in the “opening inning” of any injury claim.



Government

The Welfare War – Part One

Nov. 21, 2022
By Myron Moskovitz

If any were convicted, a clear message would go out to the poor of Yuba-Sutter: use CRLA and go to jail.


Ediscovery

Mobile messaging and e-discovery

MCLE
Nov. 21, 2022
By Daniel B. Garrie, Gail A. Andler

So, just like social media posts and other forms of digital communication, text messages can be used in court as evidence and ...


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

Chalking Tires

Nov. 21, 2022
By Jeremiah Johnson

For now, the Circuits are split on this issue, and we will have to wait and see if the Supreme Court will take the time to dra...


Family

The nightmare of Drake v. Pinkham - when is it safe to challenge a trust?

Nov. 18, 2022
By Marc L. Sallus, Marshal A. Oldman

Although it appears that AB 1745 allows us to venture outside and avoid the Day of the Living Dead, not so fast. Remember, Dra...


Criminal, Government

How dare you make me do your job

Nov. 18, 2022
By Kathleen Cady

So why was the defendant who had been sentenced to 107 years in prison up for parole after only 31 years? Because in 2017 legi...


Judges and Judiciary

Courtroom displays of bias assault the Justice System

Nov. 18, 2022
By Jordanna Thigpen

Representing someone accused of rape does not make an attorney a rapist. But crossing the line into verbally attacking and den...


Construction, Health Care & Hospital Law, Insurance

In order to establish liability of the owner and general contractor as hirers of the independent contractor whose employee is ...


Legal Education

It is not about railing against rankings or complaining that they “hurt” us in some way. However, there are specific issues th...


Tax

Tax wise, should you settle cases in 2022 or 2023?

Nov. 17, 2022
By Robert W. Wood

The best solution to many of these dilemmas in a case settling near the end of the year is to think about it and specify what ...


Government, U.S. Supreme Court

Populism is not new in this country but the systemic change it has attempted seldom lasts.


California Courts of Appeal, Technology

California Court suppresses fruits of geofence warrant

Nov. 17, 2022
By George K. Rosenstock

The notion that this technological tool should be banned entirely – leaving law enforcement with no tools for attempting to so...


Intellectual Property

CCB for you and for me? Maybe.

Nov. 16, 2022
By John R. Wierzbicki

The Copyright Claims Board, which resides within the Library of Congress, is now available to hear your infringement action, s...


Family, Native Americans, U.S. Supreme Court

A matter of life or death

Nov. 16, 2022
By Timothy Sandefur

SCOTUS should strike down ICWA’s race-based burdens


Now that we are out of a hot market and are transitioning into a possible recession (or are there already), the topic of guara...


Appellate Practice, Law Practice

Settling with parties WHO hate each other

Nov. 16, 2022
By Christopher C. Melcher

If we invest the time to understand what the other side wants, and why they want it, there’s a good chance they will listen to...


Labor/Employment

Cutting edge employment law issues: Are these on your radar?

Nov. 15, 2022
By Christina M. Coleman

Employment law is continually evolving. Staying informed of these laws is critical to identifying potential claims to pursue, ...


Appellate Practice, Law Practice

A Juror’s Ominous Task

Nov. 15, 2022
By Carol Menaker

Decades later, one juror reckons with her decision to convict


Government

Reforming city government

Nov. 15, 2022
By Erwin Chemerinsky

As proposals are being advanced to again revise the Los Angeles City Charter and improve city government, there is much to be ...


Government

The curious case of Senator Johnson

Nov. 15, 2022
By William W. Bruzzo

Senator Ron Johnson’s acts were not in keeping with the electoral process of the United States as described in Articles I and ...


Evolving approaches to discovery of litigation funding agreements

Nov. 14, 2022
By Nate Ngerebara, Edward Reines

Courts are adopting more stringent strategies to police discovery of litigation funding arrangements, requiring vigilance from...


Appellate Practice, Law Practice

Practice tips for a great opening statement

Nov. 14, 2022
By Dan L. Stanford

Don’t start out with or use the phrase, “the evidence will show.” It’s weak.


Insurance, Litigation & Arbitration

COVID-19 business interruption cases

Nov. 14, 2022
By Bruce A. Broillet, Jenna Edzant

In the vast majority of the insurance policies at issue in these cases, "direct physical loss of or damage to property" is a p...