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Appellate Practice, Law Practice

Some clients you might want to pass on

Jul. 15, 2022
By Barry M. Wolf

When a litigant who has lost in the trial court tells you that a win on appeal is certain, run away. If the litigant tells you...


Constitutional Law

Abusers have been known to try to interfere with their victims’ use of contraception, access to information, or have used coer...


Civil Rights, Constitutional Law


Letters

Right to confrontation

Jul. 14, 2022
By Douglas Matheson


Confidentiality provisions are increasingly common in personal injury cases. Plaintiffs’ lawyers must take precautions to prot...


Legal Education, State Bar & Bar Associations

The California State Bar paraprofessional program

Jul. 13, 2022
By Rachael C. Kogen

According to the State Bar website, "paraprofessionals would handle routine matters in specified practice areas, intended to s...


Ediscovery, Environmental & Energy

Boots on the ground: Are environmental investigations privileged?

Jul. 13, 2022
By Murray M. Sinclair, Bart Sokolow

Keep in mind that the operative issue is protection of the public health and safety from unknown contaminant exposure – not pr...


Constitutional Law

Life is unique, abortion is not

Jul. 13, 2022
By Robert A. Schapiro

Justice Alito could have argued that protecting fetal life is a compelling governmental interest that justifies banning aborti...


Labor/Employment, Torts/Personal Injury

The LA Superior Court is rolling out a new product – the Model Class Action Agreement – that standardizes the format of clas...


Tax

Big IRS penalties even for non-willful violations?

Jul. 13, 2022
By Robert W. Wood


Family

Irrevocable trusts can be revised and revoked

Jul. 12, 2022
By Bruce Givner, Owen Kaye

Happily, an “irrevocable” trust can be revoked, and there are ways to make it responsive when parents change their minds in th...


Labor/Employment

By ruling in favor of Viking, the Court held that employers may enforce arbitration agreements in California to the extent the...


Health Care & Hospital Law

A new epidemic of an ancient disease

Jul. 12, 2022
By Raphael Metzger

In September 2019 - about the same time that the Covid epidemic began in China, the Centers for Disease Control (CDC) publishe...


Government

Congress needs to act now

Jul. 12, 2022
By Erwin Chemerinsky

Of course, just as Democrats can pass a national law protecting abortion rights, so when there is a Republican President and a...


Intellectual Property

At first blush, a combination of design patent and trademark might appear implausible and counter intuitive as these IP rights...


Civil Litigation, Labor/Employment

In enacting legislation like PAGA, the legislature can override courts’ inherent authority to manage their dockets and require...


California Courts of Appeal, Environmental & Energy

Litigation is not a solution to address the broadest public policy challenges, and in the end, it is the lawyers who end up wi...


Environmental & Energy, U.S. Supreme Court

After West Virginia v. EPA, the Biden Administration’s plans to tackle the climate crisis will likely (and necessarily) extend...


Administrative/Regulatory, Labor/Employment, U.S. Supreme Court

None of the eight justices voted to grant the petition despite the conflict between the 9th and 1st Circuits decisions on the ...



Entertainment & Sports

Stream it Tonight! On the Basis of Sex (2018)

Jul. 11, 2022
By Michael Asimow, Paul Bergman

The film opens with the resounding strains of “Ten Thousand Men of Harvard.” This is highly ironic as there were only nine wom...


Ediscovery

There is no ‘I’ in team: electronic discovery and professional sports

Jul. 8, 2022
By Daniel B. Garrie, Gail A. Andler

Unlike a sports agent who preserves communications with and about a specific client, leagues face countless limitations and re...


Appellate Practice, Law Practice

Key features of the common interest and joint defense privileges

MCLE
Jul. 8, 2022
By Alanna G. Clair, Shari L. Klevens

In California, for example, common interest or joint defense is a “nonwaiver doctrine,” rather than a separate privilege.


Contracts, Intellectual Property, Law Practice


Constitutional Law, Environmental & Energy, U.S. Supreme Court

Deconstructing the Supreme Court’s climate change

Jul. 8, 2022
By Richard M. Frank


Government, U.S. Supreme Court

The case tests the power of state legislatures to set the rules for federal elections without state court oversight. It has th...


Labor/Employment, Tax

Handling employment settlement tax issues

Jul. 7, 2022
By Robert W. Wood

Is it worth fighting over employment case settlement agreement wording? You bet. The language of the settlement agreement does...


Contracts, Government, Law Practice

Surety wins…but loses

Jul. 7, 2022
By Larry A. Rothstein

If a pyrrhic victory connotes a victory that is tantamount to defeat, negating any true achievement, then surely one could cha...



California Courts of Appeal, Civil Litigation, Labor/Employment, U.S. Supreme Court

California’s Private Attorneys General Act survives Viking River

Jul. 7, 2022
By Catherine L. Fisk, Christina N. Chung

The majority held that the FAA preempts a California Supreme Court rule prohibiting employers from mandating arbitration of “i...