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Constitutional Law, Government, U.S. Supreme Court

Ruling on Alabama voting map sets terrible precedent

Feb. 15, 2022
By Erwin Chemerinsky

The U.S. Supreme Court’s ruling from last week is wrong on the law and sets a dangerous precedent that will make it much harde...


Constitutional Law, Land Use, U.S. Supreme Court

This is the story of a California couple caught in the cross-hairs of environmental bureaucracy bent on revenge for the crime ...


Family

DVRO hearings vs. Fifth Amendment

MCLE
Feb. 15, 2022
By Scott J. Nord

All litigants must have their day in court through a full and fair hearing. To ensure justice is done, each party should be af...


Administrative/Regulatory, Corporate, Government, Securities

New SEC standards may fuel climate-related securities suits

Feb. 14, 2022
By Virginia F. Milstead, Sophie Mancall-Bitel

The U.S. Securities and Exchange Commission may soon require companies to disclose climate-related risks and opportunities — w...


Covid Columns, Labor/Employment

COVID paid sick leave: same bandage, different injury

Feb. 14, 2022
By Ronald L. Zambrano

When California lawmakers passed legislation on February 7 to provide workers with a new round of COVID-19 supplemental paid s...


California Courts of Appeal, Civil Litigation, Torts/Personal Injury

A tale of two pedestrians

Feb. 14, 2022
By Michael E. Rubinstein

Two Los Angeles pedestrians, in different areas of the city, are confronted with a homeless encampment blocking their way. The...


Tax

Tax return due date, April 15 or October 15?

Feb. 14, 2022
By Robert W. Wood

We’ve had two pretty strange years, but like most of the rest of us, the IRS is trying to get back to normal. When it comes to...


Covid Columns, Labor/Employment

With the Omicron variant moving through California workplaces at an alarming rate, employers have been scrambling to keep full...


Legal Education

We certainly need healing, but wouldn’t it be prudent to wait until all the evidence is presented and reviewed before publicly...


Books, Judges and Judiciary, Law Practice

Matt Graham, recently retired from the California Court of Appeal, brings us an unexpected, ribald and raunchy, but soulful an...


Books, Technology

At play in the real and the virtual

Feb. 10, 2022
By Richard Wirick

We live in a time when greater and greater claims are being made for the world of simulated things. If I find my 17-year-old d...


Alternative Dispute Resolution, Appellate Practice, California Courts of Appeal, Civil Litigation

Disqualifying arbitrators under the California Arbitration Act

MCLE
Feb. 10, 2022
By Gary A. Watt, Patrick Burns

The CAA requires a proposed arbitrator to provide a disclosure statement identifying issues that could raise impartiality ques...


The San Jose City Council recently enacted two firearm ordinances that impose significant new obligations on San Jose’s roughl...


Ethics/Professional Responsibility, Law Practice

Balancing ethical obligations with law firm loyalty

Feb. 9, 2022
By Dan L. Stanford

Suppose you are a junior associate in a large law firm, serving as “second chair” on a complex litigation case or transactiona...


Ethics/Professional Responsibility, Law Practice, State Bar & Bar Associations

Public protection and the State Bar of California

Feb. 9, 2022
By Antonio R. Sarabia II

As the mess surrounding the fall of infamous plaintiffs’ attorney Thomas V. Girardi has unfolded, we have learned more about t...


Law Practice

It appears that at least in part, an increasing number of Americans are shifting away from a live-to-work mindset toward the w...


California Courts of Appeal, Civil Litigation, Construction

Fights between owners and contractors under Business and Professions Code Section 7031 can get nasty and detailed. An owner’s ...


Entertainment & Sports

At any time, empowered by the Legislature’s giving the administrative agency the power to “adopt, amend, and repeal such rules...


Civil Litigation, Law Practice

Verdict: Jury unanimously finds in favor of remote trials

Feb. 8, 2022
By Paul R. Kiesel, Melanie M. Palmer

After nearly five months in trial, almost four of which were conducted remotely through Zoom, the San Bernardino jury in the R...


California Courts of Appeal, Criminal

Whether through legislative action or court decision, the outcome of a recent appellate decision must be reversed. There is no...


Corporate, International Law

While the U.S. government has made some recognition of its of policy regarding China, it’s important to ask whether corporate ...


Law Practice

While cases often get resolved through various means before trial, the goal of my work is to get ready for trial, go to trial,...


Appellate Practice, Law Practice

A Story Goes to Court: Part II

Feb. 7, 2022
By Myron Moskovitz

My last column began to explore how a story changes as it moves from the initial client interview through our litigation system.


Criminal, Government

A newly enacted package of public safety measures, including Senate Bill 16, clarifies and expands laws requiring the disclosu...


Legal Education

Rather than self-interested public figures, who better than “We, the People of the State of California” (Cal. Const. Preamble)...


Criminal, Labor/Employment, Military Law

This new law gives the military a direct tool for dealing with sexual harassment and since a sentence could carry possible ja...


Entertainment & Sports, Law Practice

Stream It Tonight! ‘Young Mr. Lincoln’ (1939)

Feb. 4, 2022
By Paul Bergman, Michael Asimow

Why watch? Celebrate Lincoln’s birth month by streaming a movie that depicts the young Abe as a crafty trial lawyer and sugges...


California Courts of Appeal, Entertainment & Sports, Torts/Personal Injury

‘Baseball Rule’ goes foul in California

Feb. 4, 2022
By Michael E. Rubinstein

Is the "Baseball Rule" a relic of the past in California? Arguably, yes, according to the 4th District Court of Appeal ruling ...


Alternative Dispute Resolution, Labor/Employment

Due to the enormous backlog in the trial courts because of COVID-19, more and more cases are being resolved through mediation....


Insurance, Law Practice

Consider obligations owed to both clients and insurers

Feb. 4, 2022
By Shari L. Klevens, Alanna G. Clair

Lawyers may not always sufficiently appreciate their obligations to insurance companies and may assume that their only duties ...