Which interest(s) – and hence which rule – will prevail? When our Supreme Court takes up the question, as it just did in Dezi ...
Appellate Practice, Law Practice
Where have all the “real” lawyers and judges gone?
By A. Marco Turk
Sadly, observing the plethora of legal advertising, publicity-seeking irresponsible comments, and a general reckless casting p...
Data Privacy
Mobile carrier customer privacy protection is slowly improving
By Anita Taff-Rice
Mobile carriers’ dubious handling of personal data, particularly geolocation data collected from customers, has been well know...
Family, Health Care & Hospital Law
Court of Appeal provides guidance on medical malpractice statute of limitations for infant death cases
By Benjamin T. Ikuta
Economically, such cases were near impossible to file due to the MICRA cap. However, given the new changes in MICRA's Civil Co...
It is always recommended that immigration attorneys take preemptive measures to make sure their foreign clients are prepared f...
Alternative Dispute Resolution, Labor/Employment
Diagnosing and resolving conflict in the workplace
By Ilona M. Turner
Fortunately, there are tools that employment lawyers can use to help their clients diagnose and address conflict in the workpl...
Administrative/Regulatory, Civil Litigation
The Personal Injury Hub phase out and its impact on litigating personal injury cases
By Douglas N. Silverstein
Although it may take some time to fully implement and require adjustment by the various stakeholders, this system is sure to b...
Administrative/Regulatory, Civil Litigation
Created during a crisis – the closing of the PI Hub will allow for a return of local jurisprudence
By Marta Alcumbrac
Lawyers may be concerned about the impact this change will have on already heavily congested judicial calendars. The court, ho...
Administrative/Regulatory, Civil Litigation
A return to local courthouses hearing personal injury cases
By David J. Cowan
The plan will allow for a return of Civil courtrooms to our different local communities around our vast county – as was the sy...
Constitutional Law, Letters
Separation of church and state – is it a right or a suggestion?
By Kris Whitten
When a public school even inadvertently forces a student to choose between their family's beliefs, religious or otherwise, and...
Law Practice
None of this matters – how pro bono work changed my career
By Victor Leung
While it generally takes a few years for law firms to trust junior associates with taking depositions or drafting briefs for t...
Alternative Dispute Resolution
The importance of trust building in mediation
By Robert M. Cohen
Though the concept of trust is amorphous, successful mediators recognize that trust is vital to the process.
Legal Education
Newsom signs bill, killing State Bar paraprofessional program
By Nancy Drabble, Saveena Takhar
The bill was passed as an urgency measure so it goes into effect immediately. This guarantees that the bar cannot precipitousl...
Criminal, Family
The unquantifiable standard for DV restraining order renewals
By Scott J. Nord
A protective order should only be renewed “if, and only if, it finds by a preponderance of the evidence that the protected par...
Government
The Coming SCOTUS Fight Over the Voting Rights Act
By Michael Li, Sonali Seth
Courts have never held that the Fourteenth Amendment bars any consideration of race in map drawing. The only constitutional li...
Civil Rights, Technology
First Amendment not a likely impediment to Social Media Transparency Law
By Krista L. Baughman
Since the law imposes content- and viewpoint-neutral disclosures and does not require or prohibit platforms from engaging in t...
Civil Rights, Entertainment & Sports
The Seventies: A Breakthrough Decade for LGBT Rights
By Jay M. Kohorn
In the 70s, seeds previously sown took sprout and grew ultimately into a uniquely successful civil rights movement, with such ...
Civil Litigation, Insurance
The sudden emergency defense and the La Brea crash
By Michael E. Rubinstein
If the evidence supports a conclusion that this crash was intentional – as prosecutors claim – victims of the crash may find ...
All of the Justices in the majority in both Town of Greece and Kennedy were Christian. As life-long adherents of Americ...
Constitutional Law, Government
Constitutionality of Proposition 30 is questionable
By Matthew C. Alvarez
While most initiatives contain a single subject by focusing on one policy area, some initiatives are so far-reaching that they...
Appellate Practice, Law Practice
Attorney beware, frivolous appeal can lead to sanctions
By Charles M. Kagay
Every potential appeal should be evaluated before filing, for both substance and motive, by an attorney knowledgeable about th...
Constitutional Law, Labor/Employment
Ripple effect of Viking River making waves in employment disputes
By Antwoin Wall
The pending Ninth Circuit panel hearing, when coupled with the current state of arbitration agreements following Viking River ...
Appellate Practice, Law Practice, Legal Education
Beyond the paper chase
By Michael L. Stern
Contemporary law students seek a legal education that fulfills an expanding range of client needs, promotes access to justice ...
Alternative Dispute Resolution
ADR and this years’ most impactful decisions
By Paul Dubow
Had the Court adopted Orrick’s position, international arbitration in the United States would have been problematical, given t...
Entertainment & Sports
Stream it Tonight! Paths of Glory (1957)
By Michael Asimow, Paul Bergman
More than six decades after it was made, Paths of Glory reflects contemporary concerns about command influence in military jus...
The results of a bad IRS audit binds the taxpayer for state tax purposes. However, in some situations the IRS accepts a return...
Just as the SEC has been wrangling securities rough riders, the CFTC has been actively rounding up commodities violators.
Tax advisors are not supposed to play audit lottery or to base their substantive tax advice on statistics that show that most ...
Appellate Practice, Law Practice
Expert depositions in preparation for trial
By Dan L. Stanford
Assuming you determine you cannot exclude an expert’s testimony, your next effort can be to attempt to weaken the foundation o...
Labor/Employment
Starbucks questions integrity of its union elections
By Eli M. Kantor
When union reps said pro-union workers hadn’t received ballots in the mail, NLRB employees prepared duplicate ballots while ar...