Appellate Practice, Family, Law Practice
Community property: a brief history
By Scott J. Nord
In a famous letter written by Abigail Adams to her husband, John Adams, she wrote, “I long to hear that you have declared an i...
Constitutional Law, Government
Christian flag case eschews bright line test for “government speech”
By Dennis S. Zell
“This approach allows governments to exploit public expectations to mask censorship.” - Justice Samuel Alito
Appellate Practice, Law Practice
How to pick the best malpractice policy for your firm
By Alanna G. Clair
It is well accepted that defense costs for malpractice claims are among the most expensive type of litigation, largely due to ...
Civil Litigation, Labor/Employment, Torts/Personal Injury
State’s high court should find employer duty to workers’ families
By V. James DeSimone
When a public health emergency, such as the COVID pandemic, increases the risk to employees, companies should be held to an ev...
Appellate Practice, Law Practice
Ignorance isn’t bliss, but it will relate back
By Stephen M. Rinka
The Appellate Court stated that the “[t]est is whether, at the time the complaint was filed, the plaintiff “was ignorant of th...
Appellate Practice, Law Practice
Early mediation in employment disputes: The why’s, how’s and benefits
By Jan Frankel Schau
Confidentiality is no longer a permissible term in the settlement of cases arising out of sexual harassment. Yet, in many inst...
Appellate Practice, Government, Law Practice
California law doesn’t allow food waste to go into landfills, but few know about it
By Beth Hummer
The bad news is that word appears to be getting out slowly. Anecdotal evidence points to apartment dwellers receiving food was...
Entertainment & Sports
Stream it Tonight! Witness for the Prosecution (1957)
By Michael Asimow, Paul Bergman
Once more, we’re reminded that on cross examination you shouldn’t ask questions if you don’t know the answers.
Military Law
AAPI service to the United States has been documented since 1812
By Eileen C. Moore
Stephen K. Tamura and his family were also interned in Poston, Arizona. Captain Tamura served in the 442nd. He was wounded in ...
There are a few exceptions, but in general, you should assume that money sent to a lawyer or law firm will trigger a Form 1099.
Bankruptcy, Real Estate/Development
A perfect storm? Are bankruptcy filings about to skyrocket?
By Catherine E. Bauer
With fair market values climbing almost daily, no bankruptcy attorney could absolutely guarantee that there would not be unpro...
Appellate Practice, Law Practice
A closer perspective on juvenile dependency
By Michael C. Kelley
It can be a very rewarding long term vocation – or a first step in a diversified and gratifying career. It is also worth notin...
Civil Litigation, Health Care & Hospital Law, Torts/Personal Injury
AB 35: Too little, too late
By Allen P. Wilkinson
AB 35 appears to be an attempt to mollify plaintiffs’ attorneys and victims’ advocates by giving them one small piece of the pie.
Appellate Practice, Ethics/Professional Responsibility, Law Practice
California courts sanction attorney misconduct
By Jeffrey P. Blum
In a stinging opinion, the Court of Appeals noted that letting the Court know you believe it is wrong, even forcefully, is acc...
Contracts, Land Use, Real Estate/Development
Job order contracting and public works projects
By Garret D. Murai
JOC contracting is a project delivery method used on public works projects and has been authorized to be used by California K-...
Concurrent with the 1971 State Bar Convention, the group hosted a cocktail party and was able to corral a number of sitting ju...
Corporate, Labor/Employment
California Board of Directors Diversity Law violates equal protection
By Leigh A. White, Ryan P. Snyder
In its ruling, the court recognized that while having a heterogenous board may be a valid goal, the Equal Protection Clause pr...
Judges and Judiciary
It’s Time to End Contested Superior Court Judicial Elections
By Michael L. Stern
It is believed that one veteran judge was defeated because she listed herself on the ballot as an “incumbent” and voters may n...
Criminal, Law Practice
School Refusal Is Not Truancy
By Mary-Kate Kelledy, Adam Wasserman
Although multiple calls were made to the district to ask for help, nothing was done. Days, weeks, and months eventually passed...
Torts/Personal Injury, U.S. Supreme Court
Cassirer v. Thyssen-Bornemisza decision is helpful for looted art claimants, but is not a silver bullet
By Wendy Dickieson
The Cassirer case will be remanded to the lower court, which will decide the heirs’ claims based on the property laws of Calif...
Tax lawyers look to George M. Cohan for a different kind of legacy – an “I’ll take you to court” audacity that is as American ...
Government, Legal Education
Fact or fiction? Reopening 1860 investigation could clear Hastings’ name
By Kris Whitten
We have developed a process in our legal system which is designed to find the truth through the painstaking, often tedious and...
Appellate Practice, Judges and Judiciary, Law Practice
Biting the hand that feeds me Part 2: Calendar memos?
By Myron Moskovitz
Believe the Presiding Justice’s speech at your peril. It might be so, and it probably is so. But I’ve seen and participated in...
Ethics/Professional Responsibility, U.S. Supreme Court
The justices’ ethical lapses? We’re talking about more than Clarence Thomas
By Gabe Roth
We should be embarrassed that the institution as a whole isn’t doing enough to maintain the public’s trust – at a time the Cou...
Appellate Practice, Law Practice
I’m just asking or the fear of offense
By Arthur Gilbert
Sensitivity to the legitimate feelings and sensibilities of others is a necessity and a moral obligation as we become aware of...
California Courts of Appeal, Torts/Personal Injury
Appeals court overturns ruling shielding third-party vendor from duty of care to customers
By Logan Quirk
The Court found there was no reason based on any special foreseeability concerns to depart from the usual duty to exercise rea...
Constitutional Law, Contracts, Government
Florida flirts with fascism
By Eric B. Kingsley
The marketplace of ideas is supposed to flourish and the antidote to speech you disagree with is more speech to counter it. Li...