Ethics/Professional Responsibility, Judges and Judiciary
Can judges compliment lawyers?
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
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
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
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
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
By Joseph M. Barrett
Total honesty and some flexibility or compromise will be necessary in the “opening inning” of any injury claim.
State Bar clarifies differences between two Provisional Licensure Programs
By Donna Hershkowitz
If any were convicted, a clear message would go out to the poor of Yuba-Sutter: use CRLA and go to jail.
So, just like social media posts and other forms of digital communication, text messages can be used in court as evidence and ...
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?
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...
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
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
Third-party liability in construction accident cases
By John F. Ramey
In order to establish liability of the owner and general contractor as hirers of the independent contractor whose employee is ...
Legal Education
Berkeley joins Ivy leaguers in boycott of US News law school rankings
By Erwin Chemerinsky
It is not about railing against rankings or complaining that they “hurt” us in some way. However, there are specific issues th...
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
Don’t expect Supreme Court to address party fractures
By Kris Whitten
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
By George K. Rosenstock
The notion that this technological tool should be banned entirely – leaving law enforcement with no tools for attempting to so...
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
By Timothy Sandefur
SCOTUS should strike down ICWA’s race-based burdens
Insurance
Recession forces many business owners to consider asset protection
By Jacob Stein
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
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?
By Christina M. Coleman
Employment law is continually evolving. Staying informed of these laws is critical to identifying potential claims to pursue, ...
Decades later, one juror reckons with her decision to convict
As proposals are being advanced to again revise the Los Angeles City Charter and improve city government, there is much to be ...
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
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
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
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...