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Litigation & Arbitration, California Supreme Court

When is it too late to arbitrate?

Nov. 10, 2022
By Michael Manoukian

After a customer paid with $100 in counterfeit bills during plaintiff's shift, he was terminated, and, on Nov. 22, 2019, plain...


Litigation & Arbitration, California Supreme Court

Goodbye Saint Agnes?

Nov. 10, 2022
By Michael S. McCauley, Daniel D. McMillan

High Court revisits precedent requiring prejudice to show arbitration waiver


Military Law

"His gallant action and total disregard for his personal well-being directly saved 8 men from certain serious injury or death....


Litigation & Arbitration

Selected issues in malicious prosecution cases

MCLE
Nov. 9, 2022
By Reza Torkzadeh, Allen P. Wilkinson

In the words of the California Supreme Court: “The malicious commencement of a civil proceeding is actionable because it harms...


Insurance, Construction

Guastello highlights the important difference between "claims-made" and "occurrence-based" insurance policies.


U.S. Supreme Court, Native Americans

Supreme Court to hear constitutional challenge to the Indian Child Welfare Act

Nov. 9, 2022
By Michael C. Kelley, Gabriela H. Shapiro

The conflict between the states, such as California, which support ICWA and those who challenge it, presents a stark contrast.


Law Practice, Appellate Practice

Foltz lobbied the California legislature to allow women to practice law. In 1878, the state senate approved a bill that would ...


Government

Chalk it up to traffic management

Nov. 8, 2022
By Dennis S. Zell

Despite its proclaimed skepticism, the Court “put any such skepticism completely to the side” and plunged gavel-first into the...


Government

The time for filing of the lawsuit is wholly dependent on the public entity’s response to the government claim.


Judges and Judiciary

Bitching and Praising

Nov. 7, 2022
By Arthur Gilbert

This praise is macro and intentional because it comes in abundance for our Chief Justice Tani Cantil-Sakauye, who led the Cali...


Law Practice, Appellate Practice

Stress-Savers

Nov. 7, 2022
By Myron Moskovitz

When faced with a choice about a procedural requirement, pick the conservative alternative - the one least likely to lead to p...


When I became the head of the San Francisco Public Defender’s Office in 2019, as with many city agencies, the department opera...


Technology, Probate

What happens to my blog when I die?

Nov. 7, 2022
By Hillary Kleinman

Without proper estate planning for digital assets, your family and law partners may never be able to access them.


State Bar & Bar Associations, Ethics/Professional Responsibility

The State Bar is not the only one to blame for Girardi

Nov. 7, 2022
By Benjamin T. Ikuta

Attorneys have an obligation to speak up and report when we know that there is unethical and improper conduct by our fellow at...


Letters

When many liberals opposed affirmative action

Nov. 4, 2022
By William K.S. Wang


The most important part of a DEI plan is to do things differently than the organization has done in the past. That especially ...


Entertainment & Sports

Stream it Tonight! A Civil Action (1999)

Nov. 4, 2022
By Paul Bergman, Michael Asimow

Unlike many courtroom movies, A Civil Action allows viewers to peek behind the curtains of lawyers' strategies.


U.S. Supreme Court, Intellectual Property, Entertainment & Sports

Justice Clarence Thomas' fanhood of Prince aside, the Warhol case will impact a multitude of industries - specifically ...


Litigation & Arbitration, Class Action

Individual settlements do not require court approval

Nov. 4, 2022
By Alexander M. Smith

When a district court states that it needs more information from the parties to approve an individual settlement, the parties ...


Ethics/Professional Responsibility

The rules and ethics of investing in a client’s business

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

As long as attorneys comply with certain requirements, entering into investment transactions is generally permitted by the Cal...


Litigation & Arbitration

Waiver of the right to arbitrate revisited

Nov. 3, 2022
By Marc D. Alexander

Because Quach has been accepted for review by the California Supr...


Entertainment & Sports, Contracts

Curt Flood – the plaintiff who changed baseball forever

Nov. 3, 2022
By Kevin Rayhill, Dan VanDeMortel

His legal “loss” should be remembered every season.


Government

Seeking the truth in politics as in law

Nov. 3, 2022
By William M. Crosby

Just as the objective of both our criminal and civil justice systems is to find the truth, so this should be the objective of ...


Judges and Judiciary

The role of the robed

Nov. 3, 2022
By David Rosenberg

For better or ill, we have an adversary system in our courts and so Judges deal with conflicts every day. And the public is wa...


Litigation & Arbitration

Failure to pay arbitration invoice can lead to trial, penalties

Nov. 3, 2022
By Kerry Garvis Wright, Emma Samyan

Until the Legislature amends the statute, employers must be vigilant and timely pay all arbitration invoices


State Bar & Bar Associations, Letters


Family

How to analyze a move-away case in family court

MCLE
Nov. 2, 2022
By Anne K. Richardson

Decisions regarding where children should live when one parent proposes to move away have caused substantial angst to parents,...


Tax, Government

Congress could pass legislation to curb self-dealing abuses by future presidents, but it’s unlikely.


Government, Entertainment & Sports

Protecting the game and the children playing it

Nov. 2, 2022
By Austin G. Ward

Between 1982 and 2013, approximately 800 cases of high-school-level, sport-related deaths were documented in the United States.


The police must be empowered with the freedom to protect the community, not be called “racist” and “gang members” by the very ...