What is the legal requirement for preserving documentation, including text messages, by the Service? None!
Constitutional Law
Five Cases in eight days that have changed what I say to law students about the Supreme Court
By Julie A. Werner-Simon
Professors like me are revising their lesson plans because so much has changed. Law students are impacted, too. I got an angui...
Appellate Practice, Law Practice
Mistrials and Good Cause to Excuse Jurors
By Serena R. Murillo
The discharge and substitution of jurors rests within the sound discretion of the trial court. The decisions are reviewed on a...
A shelf can facilitate several different types of offerings including at-the-market offerings, equity lines of credits, block ...
Appellate Practice, Law Practice
Interfering with a police officer does not preclude all claims of excessive force
By Robert L. Bastian Jr.
Where, as here, the underlying factual context can be abstracted as one or four factual contexts, the analysis bends toward th...
Securities
Is the LLC exception to California’s rule against non-competition agreements enforceable?
By Chet Kronenberg, Jonathan Sanders
Entertainment & Sports
Stream it Tonight! Legally Blonde (2001)
By Paul Bergman, Michael Asimow
Undoubtedly most viewers will leave this film knowing more about the chemistry of perm maintenance than about the first year o...
Health Care & Hospital Law, Insurance
A welcome return to facts in COVID-19 insurance cases
By Rani Gupta, David B. Goodwin
The Second Appellate District's recent decision in Marina Pacific Hotel & Suites, LLC v. Fireman's Fund Insurance Co., No....
Appellate Practice, Corporate, Law Practice
Contours of safe harbor defense continue to shift
By David M. Axelrad
The courts continue to wrestle with the safe harbor defense. There is disagreement whether the safe harbor defense applies to ...
Constitutional Law, Labor/Employment
Well, that didn’t take long - 35 days later and Viking may be irrelevant
By Eric B. Kingsley
The opinion did not end up being the panacea for defendants that was touted.
Appellate Practice, International Law, Law Practice
Observations of an Irish jury trial
By Jon Morse
The defendant was seated in the dock on the opposite wall, facing the jury. It was like having him in a fishbowl where the jur...
Civil Rights, Government
After Supreme Court decision, how far can elected bodies go in censuring members?
By Derek P. Cole
When a local official provokes the ire of fellow members, rather, the only remedy is some form of public reproval. Historicall...
Judges and Judiciary
Rose Bird was not recalled
By David A. Carrillo, Stephen M. Duvernay
Former California Chief Justice Rose Elizabeth Bird was many things. One thing she was not: recalled.
Environmental & Energy
California’s shifting energy landscape enters a landmark summer
By Peter Hsiao
An earlier - and longer - fire season, drought, a strained grid that needs upgrades, inflation and the war in Ukraine will con...
From the mediator’s perspective, bringing empathy to the mediation process can be a dangerous move, for a variety of reasons.
Criminal, Discipline, Ethics/Professional Responsibility
Polanski’s Predicament
By Louis J. Shapiro
Even with the release of this transcript, a judge will likely still require Polanski to appear in person to allow for sentenci...
Administrative/Regulatory, Tax
IRS sting operations: More common than you think
By Bruce Givner, Owen Kaye
The Internal Revenue Service has been conducting sting operations for as long as we have had an Internal Revenue Service. Stin...
Criminal, Discipline, Ethics/Professional Responsibility
Disclosures of misconduct by LASC in Polanski case not a surprise
By Allan Parachini
I didn’t fully comprehend that complying with these orders made me complicit in the court’s justice-denial, but conversations ...
California Supreme Court, Constitutional Law, Health Care & Hospital Law, U.S. Supreme Court
The Court in Dobbs got history wrong – California got it right
By Bob Blum
History is the core of the decision in Dobbs and that court failed to thoroughly examine it, in contrast to California.
Attorney general of Texas has threatened the law firm of Sidley and Austin with criminal prosecution for paying expenses assoc...
Government, U.S. Supreme Court
As Americans, where do we go from here?
By A. Marco Turk
While individual Justices are expected to have their own views on various constitutional issues, our system of government must...
For 50 years, on the issue of abortion and others, the people were controlled by decisions effected by “13 lawyers in robes” r...
A series of battles had led to this critical point – with many more skirmishes yet to come. California’s Rent Control War was ...
Labor/Employment
Strategies for increasing board diversity
By David A. Bell, Dawn Belt
Letters
A mediator who understands the tax consequences of confidentiality clauses
By Bruce M. Brusavich
Government, Law Practice
An attack on one of us is an attack on all of us
By James J. Brosnahan
Attorney general of Texas has threatened the law firm of Sidley and Austin with criminal prosecution for paying expenses assoc...
Civil Litigation, Family
Family law, hearsay, and the boundaries of “all relevant evidence”
By Dean Hansell, Fielder Jewett
Pinpointing the date of separation is a highly fact-based process that requires a court to consider the parties’ expressed int...