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Judges and Judiciary

Supreme Court whipping boy

Apr. 26, 2024
By William Slomanson

Judge Roger Benitez is a contemporary whipping boy who is unfairly blamed for his rulings on California's gun laws. The judici...


Wills, Estates & Trusts

Will Contests

Apr. 26, 2024
By Matthew D. Kanin

When and how will contests are initiated; who has standing to contest a will; responses to will contests and grounds to contes...



Civil Litigation

Experts, case-specific facts, and hearsay

Apr. 26, 2024
By Gary A. Watt , Jacob Zarone

In re Marriage of Lietz, a recent civil case, highlights the importance of understanding the application of People v...


Labor/Employment

Navigating California’s bans against non-compete clauses

Apr. 26, 2024
By Andrew S. Ong , Nicole J. Kim

Remote workers who work in California only part of the time may not be covered by § 925, but they may still be able to void th...



Ethics/Professional Responsibility

Managing a law office to be ethical

Apr. 26, 2024
By David M. Majchrzak

Law firm leaders could create an internal ethics committee or general counsel to provide guidance and oversight on ethical obl...


Government, Corporate

The bill could create a moral hazard for prosecutors, who could use the fines to boost state revenues, and could drive away co...



Real Estate, Criminal, Contracts

The law is evolving on the issue of squatters’ use of fake leases, but courts are likely to use their equitable power to preve...


International Law

Millionaires diversify passports, creating new opportunities for US businesses

Apr. 26, 2024
By Christopher Richardson , Benjamin McEuen

The number of millionaires moving across international borders has increased significantly in the last decade, with a projecte...



Alternative Dispute Resolution

Understanding mediation through the narrative arc

Apr. 25, 2024
By Lisa B. Morgan

The similarities between the progression of Shakespeare’s ‘The Winter’s Tale’ and the narrative arc of the mediation process –...


U.S. Supreme Court, Labor/Employment

More complications for some employers with arbitration agreements

Apr. 25, 2024
By Michelle Roberts Gonzales

The Bissonnette v. LePage Bakeries Park St., LLC ruling complicates the class and collective action landscape for Cali...



Law Practice

The eleven stages that guide law firms through the process of converting potential leads into loyal clients.


California Supreme Court

The meaning of ‘disclosure’ under whistleblower retaliation claims has expanded

Apr. 25, 2024
By Matthew J. Matern , Julieta Hernandez

The California Supreme Court has expanded the interpretation of “disclose” under California’s whistleblower protection statute...



International Law

A different degree of genocide

Apr. 24, 2024
By Jon B. Eisenberg

Legal questions surround Israel’s alleged genocide in Gaza, but is it a crime under international law?


Law Practice

Reflecting on spontaneous statements

MCLE
Apr. 24, 2024
By Ashfaq G. Chowdhury

The welter of exceptions to the Rule against Hearsay—besides resembling something from the old boardgame Mousetrap—tends to in...



U.S. Supreme Court, Administrative/Regulatory

The fourth time is a charm

Apr. 24, 2024
By Michael M. Berger

The United States Supreme Court has ruled that the Takings Clause does not distinguish between legislative and administrative ...


Appellate Practice

The Judicial Council’s Appellate Advisory Committee is proposing fillable briefs, in a standard format, for appeals to the App...



Entertainment & Sports, Criminal, Books

America’s best-selling author was a California lawyer

Apr. 23, 2024
By John S. Caragozian

Erle Stanley Gardner was a California lawyer and a best-selling author of mystery novels, most notably featuring the character...


Letters

The unintended consequences of CCP 998 offers

Apr. 23, 2024
By John P McGill

CCP 998 is not intended as a surrogate for punitive damages and it should encourage settlement and reasonableness for both par...



Torts/Personal Injury

Timing is everything in resolving mild traumatic brain injury cases

Apr. 23, 2024
By Geri L. Green , Premkiran Reddy

Lawyers need to be aware of the uncertain and variable recovery times of concussion-related mild traumatic brain injuries (mTB...


The Office of Chief Trial Counsel received multiple complaints about John Eastman, leading to a single State Bar Investigation...



Labor/Employment, California Supreme Court

The court's decision in Huerta v. CSI Electrical Contractors provides helpful guidance to employers and employees on th...


Labor/Employment, Criminal

Employers should review their application forms and interview questions to remove any inquiries about criminal history. They s...



Land Use, Environmental & Energy

Honor Earth Day by resolving land use and environmental disputes with mediation

Apr. 22, 2024
By Gideon Kracov , Malissa Hathaway McKeith

California has a Planning and Zoning Law that allows for mediation in various types of land use and environmental lawsuits, bu...


Alternative Dispute Resolution

The power of words

Apr. 22, 2024
By Greg Derin

Words can be used to create, resolve, or escalate conflicts. Mediators play an important role in facilitating objective assess...



Technology, Mergers & Acquisitions

Key considerations for AI in M&A transactions

Apr. 22, 2024
By John Brockland

Acquisitions in the artificial intelligence space are becoming increasingly common. Lawyers must have a strong understanding o...


Environmental & Energy

The U.S. EPA announced the first-ever national standards for per- and polyfluoroalkyl substances (PFAS), also known as “foreve...



The Cohan rule is a legal principle that allows taxpayers to deduct expenses without receipts if they can prove them by...


Constitutional Law

In Ludtke v. Kuhn, Melissa Ludtke claimed that banning her from the clubhouse violated her right to equal protection an...



Government

Electronic voting is the best path for accessible voting

Apr. 19, 2024
By Sylvia Torres-Guillén

California should amend its current ballot return process to comply with federal law and protect the dignity and rights of peo...


Parties should draft a comprehensive arbitration clause in an asset purchase agreement, including the process, number and sele...