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Law Practice, Government

Facts remain stubborn things

Dec. 29, 2021
By Robert L. Bastian Jr.

The law and modern lawyering’s subtle role in setting forensic standards and a rhetorical tone necessary for democracy should ...


Construction

Despite the Legislature’s declaration and intent, “prompt” and “early” are words rarely used today to describe resolving most ...


Corporate

Corporate boards should be diverse

Dec. 28, 2021
By Arash Homampour

It is in their moral and financial best interests to have diversity at all levels.


Labor/Employment

DoorDash just dug a big hole under Prop 22

Dec. 28, 2021
By Ronald L. Zambrano

Through its new DashCorp subsidiary, the delivery service is now using workers to deliver meals in Manhattan, and these worker...


Labor/Employment

Year-end update: New employment laws for 2022

MCLE
Dec. 28, 2021
By Lara Shortz, Derrick Fong-Stempel

A bevy of new employment-related laws are set to come online in 2022. What follows is an overview of the most significant legi...


Probate, Family

Where an elder is both the beneficiary a personal representative of a probate estate, he or she has standing to bring a claim ...


Intellectual Property, Government, Administrative/Regulatory

What to watch for in 2022: patent litigation

Dec. 27, 2021
By David Lisson, Gareth DeWalt

With critical patent questions before the U.S. Patent and Trademark Office, the U.S. Supreme Court, the U.S. Court of Appeals ...


Securities, Government, Criminal, Corporate

SEC enforcement looks forward to strong FY2022

Dec. 27, 2021
By Thomas A. Zaccaro, Nicolas Morgan

Based on the pace of enforcement actions in the recent quarter, expect the number of cases to continue recovering from the mar...


Judges and Judiciary, Criminal

A victim of domestic violence is expected to speak to dozens of players up and down the chain of our various legal systems, fr...


Technology, Intellectual Property, Entertainment & Sports

How an NFT is like a $5 milkshake

Dec. 27, 2021
By Michael Dore, Zachary Montgomery

Hollywood got its first big case about non-fungible tokens last month when Miramax filed a federal lawsuit in Los Angeles agai...


Banking, Administrative/Regulatory

Visit nearly any marijuana dispensary in the country and you will likely be presented with the option to pay with a credit or ...


Law Practice, Covid Court Ops

The twilight of the courts

Dec. 23, 2021
By James McManis

Suffice to say, the prognosis for a return to trial practice circa 2019 is guarded.


Administrative/Regulatory

The Federal Trade Commission recently released its annual tally of fraudulent calling in FY2021. The FTC received just over 5 ...


Law Practice, Entertainment & Sports, Books

Stream It Tonight! 'My Cousin Vinny'

Dec. 23, 2021
By Paul Bergman, Michael Asimow

Why? The funniest courtroom movie of all time


Family

I need a court order today: The ex parte merry-go-round

MCLE
Dec. 22, 2021
By Scott J. Nord

The due process notice requirements of motions, orders to show cause, and other filings are often in direct conflict with the ...


State Bar & Bar Associations, Law Practice

Let’s set aside controversy and talk about commonality

Dec. 22, 2021
By Natalie Anne Knowlton

In a world where our disagreements often drive the narrative, I’d like to take a moment to explore areas of agreement. It is p...


Law Practice

Voir dire in the time of COVID

Dec. 22, 2021
By Mike Arias, Travis Daniels

As challenging as jury selection can be, it goes without saying that the COVID-19 pandemic presents additional challenges to s...


Probate, Letters

The opinion reveals facts that distinguish the case from normal probate contests.


U.S. Supreme Court, Labor/Employment, Civil Litigation, California Supreme Court

Once again, the U.S. Supreme Court returns to its 30-plus year game of Whac-A-Mole with the California judiciary. Last week, t...


Torts/Personal Injury, Law Practice

When I speak with other managing and supervising partners at plaintiffs' firms across California about this need to soldier on...


State Bar & Bar Associations, Law Practice

I cannot overstate the importance of having an advocate in court. And the paraprofessional program will help to ensure just that.


Data Privacy, Administrative/Regulatory

California Privacy Rights Act: The how, what and what next for regulations

Dec. 21, 2021
By Lindsey Tonsager, Alexandra Scott

In this article, we’ll answer the following three questions about the upcoming CPPA rulemaking process: How will this process ...


Education Law, Constitutional Law

Is out-of-state tuition unconstitutional?

Dec. 21, 2021
By Ryan Griffith

What possible evil could the discriminatory law be combating?


Health Care & Hospital Law, Civil Litigation

Unfortunately, with the surge in popularity for surrogacy, the courts have also seen an increase in malpractice and misconduct...


Law Practice, Appellate Practice

Appellate Rituals

Dec. 20, 2021
By Myron Moskovitz

During this holiday season, rituals abound. Church and synagogue services, Hanukkah rituals, and the usual smattering of weddi...


Law Practice, Appellate Practice

7 tips on appellate oral argument : perspectives from the bench & bar

Dec. 20, 2021
By M.C. Sungaila, David A. Thompson

Brief writing and oral argument form the core of appellate advocacy. We previously provided a few tips on brief writing. We no...


Government, Constitutional Law

How many California’s should we have?

Dec. 20, 2021
By John S. Caragozian

We tend to take for granted California’s boundaries, which are unchanged since admission as a state. However, efforts to divid...


Government, Constitutional Law

Your town is not an independent republic

Dec. 20, 2021
By Stephen M. Duvernay, David A. Carrillo

While no one is happy that the pandemic won’t go away, one city’s recent stunt will not result in anyone getting a Republic of...


Labor/Employment, Civil Litigation

Can PAGA claims be dismissed for lack of manageability?

MCLE
Dec. 20, 2021
By Amanda D. Murray

A recent California Court of Appeal case provides guidance on when courts may dismiss Private Attorneys General Act actions du...


State Bar & Bar Associations, Legal Education

Redlining the legal profession

Dec. 17, 2021
By Mitchel L. Winick

The recent statistics for the July 2021 California bar exam present further evidence that the process of lawyer licensing in C...