Letters
The way to restore confidence in Courts is to clear the backlog
By Eugene M. Hyman
Wills, Estates & Trusts
The holder of attorney-client privilege in different trust and estates contexts.
By Victoria V. Tsylina
Just as with trustees, conservators, and guardians, the attorney-client privilege holder is the office of personal representat...
Appellate Practice, Law Practice, Slideshow
Setting up your case for success through trial documents
By Teresa A. Johnson
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)
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
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
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...
California Supreme Court, Litigation & Arbitration
When is it too late to arbitrate?
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?
By Michael S. McCauley, Daniel D. McMillan
High Court revisits precedent requiring prejudice to show arbitration waiver
Military Law
On Veterans Day, give a thought to California recipient John Baca
By Eileen C. Moore
"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
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
Insurance contract terms can push its coverage off a cliff
By Garret D. Murai
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
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
Clara Foltz: pioneer lawyer for women, criminal defendants and all Californians
By John S. Caragozian
Foltz lobbied the California legislature to allow women to practice law. In 1878, the state senate approved a bill that would ...
Despite its proclaimed skepticism, the Court “put any such skepticism completely to the side” and plunged gavel-first into the...
Government
Presenting a timely and proper government claim to a public entity
By Denisse O. Gastélum
The time for filing of the lawsuit is wholly dependent on the public entity’s response to the government claim.
This praise is macro and intentional because it comes in abundance for our Chief Justice Tani Cantil-Sakauye, who led the Cali...
When faced with a choice about a procedural requirement, pick the conservative alternative - the one least likely to lead to p...
Government
Why 21st-century public defense needs to shake the foundation of its own leadership
By Mano Raju
When I became the head of the San Francisco Public Defender’s Office in 2019, as with many city agencies, the department opera...
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
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...
Labor/Employment
Best practice, potential pitfalls for diversity, equity and inclusion programs
By Theodora Lee
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)
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
The estate of Andy Warhol and Prince’s photographer square off in the Supreme Court
By Steven T. Lowe
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
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
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
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
By Kevin Rayhill, Dan VanDeMortel
His legal “loss” should be remembered every season.
Just as the objective of both our criminal and civil justice systems is to find the truth, so this should be the objective of ...