Appellate Practice, Law Practice
Tapped as replacement counsel? Consider the risks.
By Shari L. Klevens, Alanna G. Clair
One of the first tasks for replacement counsel is often putting out fires. If discovery is going poorly or there was an advers...
Government, Judges and Judiciary
Is this the “Sirica Moment” for the January 6 Investigation?
By Robert Thornton
Those who know Judge Carter are unsurprised by his decision. A former prosecutor, he has built a reputation as a no-nonsense j...
Government, Judges and Judiciary
An inactive sentencing commission: A cause for outrage
By Louis J. Shapiro
If people are not sitting around the table going over the data and recommending changes to the legislature, then our prisons w...
Civil Litigation, Litigation & Arbitration
Four-dimensional chess as the model for a comprehensive approach to probate litigation
By John H. Sugiyama
Any comparison to three-dimensional chess, however, is insufficient by itself to illuminate the nearly unlimited facets of pro...
Government, Immigration, Judges and Judiciary
New interim asylum rules a mixed blessing
By Eli M. Kantor, Jonathan D. Kantor
Under the new rule, immigrants at the border will not be placed in removal proceedings and have their asylum application heard...
Civil Litigation, Entertainment & Sports
Chris Rock v. Will Smith – the civil case scenario
By Michael E. Rubinstein
It should be noted that words alone do not constitute an assault – and the law does not allow one to strike another based on w...
Our Bear Flag is one of America’s most distinctive flags and scores highly in vexillological rankings for design and beauty.
Contracts
Multiple mechanics liens, is it offense or defense who prevails?
By Garret D. Murai
What if a mechanics lien claimant records a mechanics lien, the owner records a mechanics lien release bond, and the mechanics...
Law Practice, Real Estate/Development
In the Matter of Joan Irvine Smith: Howard Friedman, Lyndol Young and Howard Privett for the Plaintiff
By Michael Stockstill
Researching a book on the history of the Irvine Ranch introduced me – sadly posthumously – to two Los Angeles attorneys who se...
Ethics/Professional Responsibility, U.S. Supreme Court
A question of ethics: How long will SCOTUS continue to get a “free pass?”
By A. Marco Turk
It is inconceivable but true that SCOTUS is the only judicial entity in the land that does not have a binding set of ethics co...
Legal Education
Hearing to discuss Hastings name change starts tomorrow
By Kris Whitten
The state Senate has scheduled a hearing on its SB 1288 for April 6, 2022 and will feature former San Francisco Mayor and Cali...
Litigation & Arbitration
Arbitration: In the beginning was the word
By Curtis E.A. Karnow
There’s something deeper which breeds faith in the written words of a contract. It is the ancient conceit that words reflect t...
Contracts, Intellectual Property, Legal Education
Is copyright law the best tool for responding to student cheating?
By William Slomanson
One might bristle at the hypocrisy of the best practices issue presented. Should professors mask their past exams? Should they...
Civil Rights, Ethics/Professional Responsibility
The right to speak one’s mind: the limits of an attorney’s right to speak about a judge
By Marc D. Alexander
In the age of social media, one’s words can take on a life of their own, regardless of disciplinary consequences and First Ame...
Entertainment & Sports, Tax
The Oscars are over, but swag bags spotted on the red carpet must be reported to Uncle Sam
By Robert W. Wood
Companies pay promoters to place their gear in gift bags so stars will use them, hopefully on camera.
California Supreme Court, U.S. Supreme Court
Remembering the decency, respect, and strive for excellence of both RBG and appellate lawyer Ellis Horvitz
By Arthur Gilbert
RBG teaches through example that we should “sweat the small stuff.” The opinion should contain only the “stuff” that is german...
Litigation & Arbitration
Relief for Indigent Parties Facing the Cost of Arbitration
By Ogochukwu Victor Onwaeze
Land Use, Real Estate/Development
California Court of Appeal Clarifies the Application of the Statute of Limitations under the Subdivision Map Act
By Abe Galvan Sanchez, Alisha M. Winterswyk
If a condition of approval requires future action, it is possible that a claim regarding implementation of the condition could...
Judges and Judiciary, Labor/Employment
LASC’s Innovative Judicial Mentor Program for People with Disabilities
By Peter A. Lynch
The April 20, 2022 Judicial Mentor Program Outreach Workshop targeting people with disabilities is groundbreaking. Other court...
Family, Government
Both parents may be ordered to work to support their children
By Franklin R. Garfield
In an era where more and more parties share the right and responsibility to co-parent their children, the traditional rational...
When you are dealing with the IRS — and this is true when you are dealing with the California Franchise Tax Board — timelines ...
For those who truly know Joe Biden – he spoke truth to power and had the moxie to stand up on behalf of all the children, wome...
Labor/Employment, Litigation & Arbitration, U.S. Supreme Court
Viking River cruises through oral argument
By Steven B. Katz
Nothing happened in the argument to suggest that the predictable majority has evaporated. Overall, the justices in the predict...
Ethics/Professional Responsibility, U.S. Supreme Court
Wife’s right to individuality unlikely to lead to Justice Thomas’ recusal
By Charles S. Doskow
Ginni Thomas’ words and actions have caused some academic and other commentators to find that Justice Thomas should have recus...
Californians suffering from high inflation, especially at the gas pump, would be justifiably angry to learn that state politic...
Ethics/Professional Responsibility, U.S. Supreme Court
Clarence, Ginni and the Court Unbound by Ethics Rules
By Tyler Cooper
The question remains: what are Justice Thomas’ ethical obligations now and into the future should another election or Jan. 6 c...
Criminal, Government
Chris Rock’s slap is a battery, but prosecution is unlikely
By Louis J. Shapiro
While the elements of the battery charge have been met, there is also the practical side. The LAPD is reluctant to make an arr...
Appellate Practice, Law Practice, U.S. Supreme Court
KBJ linguistic style can provide rich insight into legal opinions
By James Phillips
While my study cannot say anything about how Judge Jackson may vote or what her jurisprudence may look like if elevated to the...
Most lawyers cite authority for their arguments, and leave it at that. They assume that’s good enough to persuade, because jud...
Increasing scrutiny on private fund advisers
By Sara L. Terheggen
According to the SEC, approximately 35% of all SEC-registered advisers manage approximately $18 trillion in assets. In just 5 ...