Just this past week, jails throughout California have literally been shut down because of outbreaks of Omicron. When jails shu...
Law Practice, Entertainment & Sports
Stream It Tonight! 'Beyond a Reasonable Doubt'
By Paul Bergman, Michael Asimow
Why? A plan to use an innocent man’s conviction to demonstrate the unfairness of death sentences based on circumstantial evide...
State Bar & Bar Associations, Law Practice, Law Office Management
The Commercialization of the Law
By Reza Torkzadeh, Allen P. Wilkinson
From public service to big business
In October 2021, I walked into my office in downtown San Francisco after 18 months of working from home. What I had learned wa...
Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals
Dismissed, with prejudice
By Katie Hurrelbrink
If the 9th Circuit is serious about protecting detained defendants, it must be willing to let courts dismiss with prejudice or...
It’s no secret that 2021 was a boom year for all sorts of transactions, including the Boss earning over $500 million for the r...
Technology, Data Privacy
The supply chain risk conundrum: Rethinking the network and its risks
By Michael A. Gold
Current information security and risk mitigation approaches are ineffective. This is nowhere more apparent than in critical su...
The U.S. Supreme Court’s ruling striking down the Occupational Safety and Health Administration’s vaccine rules is an ominous ...
Legal Education
Considerations for upcoming panel on Hastings’ name change
By Kris Whitten
On February 1, the Los Angeles County Bar Association is presenting an online panel discussion titled: “Hastings Name Change: ...
Civil Litigation, California Supreme Court
Are costs for unused trial exhibits recoverable?
By Steven H. Kruis
The California Supreme Court recently answered this question in a case involving the following scenario: Plaintiffs sued defen...
Technology, Administrative/Regulatory
As ruling looms, FCC should act fast on net neutrality
By Anita Taff-Rice
When former Federal Communications Commission Chairman Ajit Pai left the agency, there was hope that government regulators mig...
Letters, Government, Constitutional Law
Blame it on politics, not the existence of the filibuster
By Michael E. Wooten
Regarding Neil Auwarter’s January 7 guest column, “Of filibusters and festive bachelors: The dark purpose of the Senate’s mino...
Letters, Law Practice
To improve ability to ‘read rightly,’ focus on inconsistencies, not demeanor
By Mark B. Baer
In his January 10 guest column, “Talking to strangers: Lessons for lawyers,” Syed H. Mannan states, “As lawyers, this social s...
CAL/OSHA to employers: New year, new emergency workplace rules
By Colin Calvert, Sarah G. Bennett
The California Division of Occupational Safety and Health has voted to adopt a new set of COVID-19 emergency temporary standar...
Legal Education
How President Trump reminded us of the value of a legal education
By Kevin R. Johnson
With the election of Donald Trump, law school deans experienced something extraordinary that goes to the very core of the miss...
Criminal, Appellate Practice
Criminal appeals in California: The nuts and bolts
By David J. Cohen
A conviction need not be the end of the road for a criminal defendant. Here is a quick primer on the fundamentals of preparing...
Many attorneys view appellate lawyers like me as scholarly nerds, parsing ancient cases for tidbits of dicta that support a no...
As Californians digest the practical implications of the bill, reconciling Senate Bill 9 with existing housing laws, including...
Appellate Practice
Assessing your chances on appeal: Burdens, inferences and presumptions
By Noreen M. Evans
Many attorneys and litigants believe that the appellate court is another opportunity to argue their case. It is often thought ...
U.S. Supreme Court, Labor/Employment, Government
High court rebuffs OSHA’s claim of sweeping emergency powers
By Luke A. Wake
On Thursday, the U.S. Supreme Court rejected the Biden administration’s effort to turn the Occupational Safety and Health Admi...
Entertainment & Sports, Antitrust & Trade Reg.
Times have changed, and so should MLB’s antitrust exemption
By John H. Minan
Baseball is the first game to be given an exemption under federal law that applies to other businesses. But that may be about ...
If big law 2021 was, as many firms are reporting, a whopper of a year, 2022 looks to be even better.
As the holiday season brings about exponential growth in ex partes seeking holiday visitation orders, the dawning of the new y...
Technology, Intellectual Property
Welcome the metaverse: avatars, tattoos and copyright law
By Victoria Burke
The metaverse brings a universe of new intellectual property questions: For example, what about the use of tattoos on avatars?...
Law Practice, Civil Litigation
Evading service like the plague: Sexual abuse survivors face hurdles serving the Holy See
By Andrew Brendon Ojeda
Practitioners representing survivors of sexual abuse sue the State of the Vatican City (i.e., Holy See) because they argue tha...
Judges and Judiciary
A voir dire questionnaire to shorten jury trials
By Richard L. Fruin
Using a questionnaire, I am usually successful in swearing in the jury and the alternates on the first day of trial. Sometimes...
2022 marks the 50th Anniversary of Title IX, a groundbreaking federal law that has significantly expanded educational opportun...
Probate, Civil Litigation, California Courts of Appeal
Tangled rules for modification of revocable trusts
By Mark J. Phillips, Jake V. Phillips
Last year an appellate court clarified some 30 years of conflicting caselaw on the procedure for amending trust documents, but...
While the United States performs strongly in certain areas, it falls behind in the civil justice and criminal justice categories.
Law Practice, Alternative Dispute Resolution
How mediators can assist attorneys with difficult clients
By David E. Hunter
Attorneys have to have many difficult conversations with clients; sometimes it can be tough to get a client to moderate their ...