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Wills, Estates & Trusts

Just as with trustees, conservators, and guardians, the attorney-client privilege holder is the office of personal representat...


Appellate Practice, Law Practice, Slideshow

Many judges appreciate having a concise trial brief to orient them to the case before trial begins.


Entertainment & Sports

Stream it Tonight! The Letter (1940)

Nov. 11, 2022
By Michael Asimow, Paul Bergman

How does Joyce resolve the dilemma that pits friendship against ethical duties?


Health Care & Hospital Law

AB-35 makes historic amendments to MICRA statutes

Nov. 11, 2022
By Lacey L. Estudillo, H. Thomas Watson

Defendants should expect the number of medical malpractice cases filed to decrease in 2022 and increase in 2023 once AB-35 tak...


Legal Education, State Bar & Bar Associations

A case for multiple licensure methods

Nov. 10, 2022
By Claire M. Solot

Just like childbirth, there are many ways to achieve the same desired outcome, which in the case of the law is to have a licen...


Letters

State Bar’s Girardi report not fully transparent

Nov. 10, 2022
By Anahid Agemian


California Supreme Court, Litigation & Arbitration

When is it too late to arbitrate?

Nov. 10, 2022
By Michael Manoukian

After a customer paid with $100 in counterfeit bills during plaintiff's shift, he was terminated, and, on Nov. 22, 2019, plain...


California Supreme Court, Litigation & Arbitration

Goodbye Saint Agnes?

Nov. 10, 2022
By Michael S. McCauley, Daniel D. McMillan

High Court revisits precedent requiring prejudice to show arbitration waiver


Military Law

"His gallant action and total disregard for his personal well-being directly saved 8 men from certain serious injury or death....


Litigation & Arbitration

Selected issues in malicious prosecution cases

MCLE
Nov. 9, 2022
By Reza Torkzadeh, Allen P. Wilkinson

In the words of the California Supreme Court: “The malicious commencement of a civil proceeding is actionable because it harms...


Construction, Insurance

Guastello highlights the important difference between "claims-made" and "occurrence-based" insurance policies.


Native Americans, U.S. Supreme Court

Supreme Court to hear constitutional challenge to the Indian Child Welfare Act

Nov. 9, 2022
By Michael C. Kelley, Gabriela H. Shapiro

The conflict between the states, such as California, which support ICWA and those who challenge it, presents a stark contrast.


Appellate Practice, Law Practice

Foltz lobbied the California legislature to allow women to practice law. In 1878, the state senate approved a bill that would ...


Government

Chalk it up to traffic management

Nov. 8, 2022
By Dennis S. Zell

Despite its proclaimed skepticism, the Court “put any such skepticism completely to the side” and plunged gavel-first into the...


Government

The time for filing of the lawsuit is wholly dependent on the public entity’s response to the government claim.


Judges and Judiciary

Bitching and Praising

Nov. 7, 2022
By Arthur Gilbert

This praise is macro and intentional because it comes in abundance for our Chief Justice Tani Cantil-Sakauye, who led the Cali...


Appellate Practice, Law Practice

Stress-Savers

Nov. 7, 2022
By Myron Moskovitz

When faced with a choice about a procedural requirement, pick the conservative alternative - the one least likely to lead to p...


When I became the head of the San Francisco Public Defender’s Office in 2019, as with many city agencies, the department opera...


Probate, Technology

What happens to my blog when I die?

Nov. 7, 2022
By Hillary Kleinman

Without proper estate planning for digital assets, your family and law partners may never be able to access them.


Ethics/Professional Responsibility, State Bar & Bar Associations

The State Bar is not the only one to blame for Girardi

Nov. 7, 2022
By Benjamin T. Ikuta

Attorneys have an obligation to speak up and report when we know that there is unethical and improper conduct by our fellow at...


Letters

When many liberals opposed affirmative action

Nov. 4, 2022
By William K.S. Wang


The most important part of a DEI plan is to do things differently than the organization has done in the past. That especially ...


Entertainment & Sports

Stream it Tonight! A Civil Action (1999)

Nov. 4, 2022
By Paul Bergman, Michael Asimow

Unlike many courtroom movies, A Civil Action allows viewers to peek behind the curtains of lawyers' strategies.


Entertainment & Sports, Intellectual Property, U.S. Supreme Court

Justice Clarence Thomas' fanhood of Prince aside, the Warhol case will impact a multitude of industries - specifically ...


Class Action, Litigation & Arbitration

Individual settlements do not require court approval

Nov. 4, 2022
By Alexander M. Smith

When a district court states that it needs more information from the parties to approve an individual settlement, the parties ...


Ethics/Professional Responsibility

The rules and ethics of investing in a client’s business

Nov. 4, 2022
By Alanna G. Clair, Shari L. Klevens

As long as attorneys comply with certain requirements, entering into investment transactions is generally permitted by the Cal...


Litigation & Arbitration

Waiver of the right to arbitrate revisited

Nov. 3, 2022
By Marc D. Alexander

Because Quach has been accepted for review by the California Supr...


Contracts, Entertainment & Sports

Curt Flood – the plaintiff who changed baseball forever

Nov. 3, 2022
By Kevin Rayhill, Dan VanDeMortel

His legal “loss” should be remembered every season.


Government

Seeking the truth in politics as in law

Nov. 3, 2022
By William M. Crosby

Just as the objective of both our criminal and civil justice systems is to find the truth, so this should be the objective of ...