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California Courts of Appeal, Real Estate/Development

Real estate exactions – again

Oct. 24, 2022
By Michael M. Berger

It is time for either the California Supreme Court to revisit its earlier decisions in light of the clear holdings and analysi...


Criminal, Health Care & Hospital Law

MICRA does not apply to death due to elder abuse

Oct. 24, 2022
By Stephen M. Garcia

Plaintiff’s attorneys should guard closely against improper attempts by the defense to sweep wrongful death actions based on e...


Civil Rights, Education Law, U.S. Supreme Court

This Court understands that once someone is compelled to violate their religious precepts, is precluded from speaking, or is p...


Entertainment & Sports, Intellectual Property, Torts/Personal Injury

The Big Ten conference has always been a major draw in college sports, so it is no surprise that prestigious schools have rece...


Appellate Practice, Law Practice

Trial courts are likely to and should impose real limits on expert opinions regarding “possible” alternative causes under well...


Appellate Practice, Law Practice

Third-parent claims require careful navigation

Oct. 21, 2022
By Patti C. Ratekin

In 2013, Gov. Jerry Brown signed into law SB 274, granting California’s family and juvenile courts the discretion to recognize...


Entertainment & Sports

Stream it Tonight! Town Without Pity (1961)

Oct. 21, 2022
By Paul Bergman, Michael Asimow

Even with rape shield laws in place, defense lawyers frequently argue that the victim consented. Such trials can be a harrowin...


Health Care & Hospital Law, Labor/Employment

Leave to care for nonrelatives may now be job-protected

Oct. 20, 2022
By Kamran M. Shahabi

When Gov. Gavin Newsom signed Assembly Bill 1041 into law, he made it possible for California employees to take leave to care ...


Ethics/Professional Responsibility, Technology

Are arbitrators actually compelling virtual hearings over the objection of resistant parties?



Data Privacy, Labor/Employment, Technology

Cyber attacks are also an issue, where the largest number of attacks are launched against professional organizations, includin...


Banking, Criminal

The rule will help to stop criminal actors, including oligarchs, kleptocrats, drug traffickers, human traffickers, and those w...


Judges and Judiciary, Labor/Employment

The law opens the door for judicial professionals who meet the law’s criteria to step into new and important roles, such as wo...


Health Care & Hospital Law, U.S. Supreme Court

The outcome of this case will have real-world implications on the fate of individual beneficiaries of programs such as Medicai...


Data Privacy, Technology

Cyber attacks are also an issue, where the largest number of attacks are launched against professional organizations, includin...



Constitutional Law, Education Law, U.S. Supreme Court

Affirmative action in jeopardy

Oct. 18, 2022
By Erwin Chemerinsky

The effect of the Court having two cases on the docket this term is that it is likely to end affirmative action in both public...


Books, Judges and Judiciary

Nelson was in the second class at UCLA Law School; it was the 1950s, and she was one of two women in her class.


Appellate Practice, Criminal, Law Practice

The distinction between a hate incident and a hate crime is an important one.


Constitutional Law, U.S. Supreme Court

The case is poised to test whether the Constitution's structure and the separation of powers protect all states' policy choice...


Health Care & Hospital Law

My profile did not fit the societal view of someone that would find themselves in a psychiatric hospital. However, there were ...


Tax

These three tax rules are simple

Oct. 17, 2022
By Robert W. Wood

A lot of what goes on at the IRS is computer matching – the endless correlation of taxpayer identification numbers and payment...


Judges and Judiciary

On Unanimous Opinions

Oct. 17, 2022
By Myron Moskovitz

Suppose one of the signing Justices did have qualms, but swallowed them in order to accommodate a Chief who seeks "grea...


Family, Government

The law treats parents who do not support gender transition as presumptively unfit.


Torts/Personal Injury

Loss of consortium in personal injury litigation

MCLE
Oct. 17, 2022
By Reza Torkzadeh, Allen P. Wilkinson

Counsel handling a personal injury for a married person or person in a registered domestic partnership must be aware of the po...


Land Use, Real Estate/Development

While in the long term they could increase the availability of housing and rejuvenate underutilized commercial properties, not...


Ethics/Professional Responsibility, Judges and Judiciary

Things rarely go according to plan, especially when dealing with an opponent who dabbles in the dark arts of discovery gamesma...


Ethics/Professional Responsibility

Truth be told: why honesty is the best policy

Oct. 14, 2022
By Charles H. Dick Jr.

The Gallup Organization asked respondents to rate the honesty and ethical standards of people in different vocations. Only 19%...


Civil Litigation

Parties sometimes choose to secure a settlement payment by linking it to a specific future source of funds. If so, counsel sho...


Ediscovery, Government

Touhy Exposed

Oct. 13, 2022
By Joseph R. Saveri, David H. Seidel

Pushing back on federal agencies’ attempts to immunize themselves from subpoenas