Intellectual Property
Recognizing the value of nontraditional trademarks
By Dariush Adli
Astute businesses have begun to take notice of the the value of the nontraditional marks, to help them distinguish their goods...
Environmental & Energy, U.S. Supreme Court
High court WOTUS case will define reach of CWA
By Andre Monette
The U.S. Supreme Court recently granted certiorari in a case that could short circuit the Biden administration’s efforts to re...
Constitutional Law, Government
Critics argue Trump should be disqualified, but what’s the constitution say?
By John H. Minan
A growing chorus of critics argue that Trump should be disqualified from serving another term for his involvement in the Janua...
Corporate
Proposed regulations implementing the Corporate Transparency Act
By Roger Royse
Under the CTA, the secretary of the Treasury must prescribe implementation of regulations under the act by the beginning of 2022.
Thirty years after Anita Hill accused her boss of sexual harassment and 17 years after all California supervisors began having...
Civil Litigation, Health Care & Hospital Law, Military Law
Allegations of institutionalized racism at the VA
By Eileen C. Moore
I cannot say I was surprised when I read a complaint filed last July in Connecticut federal district court on behalf of Black ...
Books, Constitutional Law, Government
‘Unthinkable’: Raskin on trauma and truth in America
By Marc D. Alexander
The title of Raskin’s book refers to two traumas, one public, one private: the untimely death of his son and the January 6 att...
California Supreme Court, Civil Litigation, Labor/Employment
Ruling ends decades of improper whistleblower burden shifting
By Stephen Noel Ilg
In a recent decision, the California Supreme Court rejected a line of cases that required plaintiff-employees to satisfy the t...
Appellate Practice, Judges and Judiciary, Law Practice
Multiverse Cosplay
By Benjamin G. Shatz
For over half a century, we have been enthralled by adventures of characters crossing into other versions of the “real world” ...
Criminal, Environmental & Energy
Criminal courts must address restitution in mass victim crimes
By Antonio R. Sarabia II
Both class actions and large catastrophes have increased in recent years. Although global warming is linked to the increase in...
Judges and Judiciary
Law and motion practice during the pandemic years (to date)
By Richard Fruin
Each year I prepare a tabulation for the frequently filed motions that were decided in my individual calendar courtroom in the...
Demystifying conservatorships: More FAQs
By Matthew D. Kanin
The objective of this article and self-study test is to review the rules applicable to appointment of conservators and the pro...
Judges and Judiciary, Law Practice
It’s all in the mind, ask John Blumberg, Esq.
By Arthur Gilbert
Two score and a few more years ago, I was a student at the famed California Judges College. There was a unique class that made...
Civil Litigation, Entertainment & Sports, Technology
Obstacles in crypto class action against Mayweather, Kardashian
By Evan Louis Miller
A class action filed against reality TV icon Kim Kardashian and legendary boxer Floyd “Money” Mayweather Jr. may be the first ...
Administrative/Regulatory, U.S. Supreme Court
An opportunity to restore judicial review of constitutional claims against agencies
By Michael Pepson, Cynthia Crawford
On Monday, the U.S. Supreme Court granted certiorari in Axon Enterprise, Inc. v. Federal Trade Commission to decide whether fe...
Labor/Employment
Reason for improved outlook to mitigate PAGA claims in 2022
By Antwoin Wall, Corinne Spencer
The California Fair Pay and Employer Accountability Act, proposed for the November ballot, would rein in parts of the Private ...
In 1871, 10% of Los Angeles’ Chinese population were murdered by white rioters. Civic leaders blamed drifters and other low ra...
Former Gov. Sarah Palin’s libel suit against The New York Times slouches towards its fifth birthday and a tentative February 2...
Alternative Dispute Resolution, Law Practice
‘My Cousin Vinny’ in Arbitration? (Part III: the arbitration hearing)
By Fred Bennett
The cross-examination at trial by Vinny — which is the heart of the movie — provides some valuable information when studied in...
Civil Litigation, Law Practice, Torts/Personal Injury
Take the time to set forth specific damages in your prayer for relief
By Stephen M. Rinka
It is common practice for plaintiff’s attorneys to plead allegations for tort causes of action, such as negligence, in general...
Judges and Judiciary, Law Practice
Trial court judges suffer from mental illness, too
By Timothy L. Fall
Being a trial court judge with an anxiety disorder requires coping skills that don’t come naturally. When you add pandemic str...
Appellate Practice, Law Practice
Want a jury trial? Post your own jury fees, warns appellate ruling
By Ogochukwu Victor Onwaeze
Article 1, Section 16 of the California Constitution provides that, “[t]rial by jury is an inviolate right and shall be secure...
Appellate Practice, Law Practice
Newly Discovered Evidence on Appeal: The Writ of Error Coram Vobis
By David M. Axelrad
Suppose you represent a defendant at trial. The jury returns a verdict for the plaintiff, the trial court denies your motion f...
Can a taking within the meaning of either state or federal constitution be accomplished by animals? Strange question, you say....
Law Practice
Top 5 things to remember for your next restraining order hearing
By Timothy M. Weiner
Every day, people throughout California request restraining orders for various reasons. Whether your next restraining order he...
Criminal
How far is too far in causing suspects to talk before charging?
By Dmitry Gorin, Alan Eisner
Law enforcement uses different techniques to cause suspects to make statements before formal charging. A recent appellate deci...
Labor/Employment
New law may change the employment settlement equation
By Angela Reddock-Wright
Senate Bill 331, the “Silenced No More Act,” has been added to the equation, and it could change the way parties consider sett...
Judges and Judiciary, Law Practice
6 random observations by a trial judge
By Lawrence P. Riff
Unless it’s your first rodeo, there’s a few things trial lawyers should know: Lie the distinction between impeachment and rebu...
What makes a good amicus brief? And what considerations should the parties’ and amici’s attorneys keep in mind to make sure th...
Civil Litigation, Law Practice
Nonparty Discovery: 20 Commonly Asked Questions, p2
By Peter R. Boutin, Sarah Malik
In part one of this two-part series, we address the first 10 of 20 questions that arise frequently related to nonparty discove...