The law and modern lawyering’s subtle role in setting forensic standards and a rhetorical tone necessary for democracy should ...
Construction
4 steps to promptly resolving California Right to Repair Act disputes
By Terry R. Bailey
Despite the Legislature’s declaration and intent, “prompt” and “early” are words rarely used today to describe resolving most ...
It is in their moral and financial best interests to have diversity at all levels.
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
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
Appellate ruling clarifies standing to bring elder abuse claim
By Michael J. Fedalen
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
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
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
Legal system ‘silos’ are harming domestic violence victims
By Eugene M. Hyman
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
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
The state of marijuana dispensary payment processing in the US
By Theodore F. Monroe
Visit nearly any marijuana dispensary in the country and you will likely be presented with the option to pay with a credit or ...
Suffice to say, the prognosis for a return to trial practice circa 2019 is guarded.
Administrative/Regulatory
All I want for Christmas... is a break from robocalls
By Anita Taff-Rice
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'
By Paul Bergman, Michael Asimow
Why? The funniest courtroom movie of all time
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
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...
As challenging as jury selection can be, it goes without saying that the COVID-19 pandemic presents additional challenges to s...
Probate, Letters
Breslin can be distinguished from most probate cases
By Arnold H. Gold
The opinion reveals facts that distinguish the case from normal probate contests.
U.S. Supreme Court, Labor/Employment, Civil Litigation, California Supreme Court
In employment arbitration, it’s déjà vu all over again!
By Steven B. Katz
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
4 questions managing partners at plaintiffs’ firms must answer to ensure prosperity
By Danny Abir
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
Licensing paraprofessionals will promote justice for litigants in family court
By Monica F. Wiley
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
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?
By Ryan Griffith
What possible evil could the discriminatory law be combating?
Health Care & Hospital Law, Civil Litigation
Surge in popularity for surrogacy creates more lawsuit
By Evie P. Jeang
Unfortunately, with the surge in popularity for surrogacy, the courts have also seen an increase in malpractice and misconduct...
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
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?
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
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?
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
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...