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U.S. Supreme Court

The U.S. Supreme Court has upheld your constitutional right to privacy of association. On July 1, in a 6-3 opinion in American...


Alternative Dispute Resolution

In my many years as a litigation and trial lawyer, I recommended and helped select a lot of mediators. I also participated in ...


Civil Litigation

The U.S. Supreme Court has another opportunity to finally end the battle over the enforceability of pre-dispute arbitration ag...


Candace Cooper, formerly of the 2nd District Court of Appeal, discusses her experience on the bench.


Ethics/Professional Responsibility

California’s historic adoption of new ethics rules in 2018 is now behind us, but the switch to the American Bar Association’s ...


Technology, Law Practice

Some assert that the advent of AI has increasingly become unruly and is precipitously veering toward lawlessness. AI systems a...


Construction, Civil Litigation, California Courts of Appeal

Construction Corner: Enter equitable subrogation

Jul. 15, 2021
By Garret D. Murai

Typically, subrogation is a matter of contract and the rights and responsibilities of parties are set forth within the terms o...


Civil Rights

According to data from the last Homeless Count in 2020, the city will have to house more than 66,000 people. Now it’s time to ...


Law Practice, Judges and Judiciary, Entertainment & Sports, Civil Rights

Why won’t the court free Britney?

Jul. 14, 2021
By Timothy D. Reuben, Stephanie I. Blum

The Britney scenario is an embarrassment to the California justice system. One can only hope that those who are involved with...


U.S. Supreme Court, Labor/Employment

The U.S. Supreme Court recently granted certiorari in a case in which plaintiff members of two ERISA pension plans claimed tha...


It will come as no surprise to practitioners that discovery issues routinely arise in family law cases. This makes perfect sen...


Labor/Employment

As businesses across the nation were buffeted by the pandemic last year, we witnessed an unprecedented number of closures and ...


Law Practice, Ethics/Professional Responsibility

Alzheimer’s: Will you know what to do?

Jul. 14, 2021
By Robert M. Heller

Part 1: The duties owed by afflicted lawyers


U.S. Supreme Court, Environmental & Energy

In 1972, the U.S. Congress passed the Clean Water Act in response to the realization that a large number of rivers, lakes and ...


U.S. Supreme Court, Constitutional Law

The U.S. Supreme Court’s October 2020 term which ended on July 2 should be seen as a reminder of the basic reality: It is a ve...


Law Practice, Civil Litigation

Pleading treasure

Jul. 13, 2021
By Curtis E.A. Karnow

The law is a haunted house. Haunted by ghosts, by our past.


Family

The family law declaration: a relatively brief history

MCLE
Jul. 13, 2021
By Scott J. Nord

It is often posited that family law is like the Wild West of litigation -- anything goes.


State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

Despite Girardi debacle, State Bar continues to ignore consumer protection

Jul. 12, 2021
By William L. Winslow, James A. Gorton

Even as the State Bar of California acknowledges mistakes regarding its stunning failure of regulatory oversight in the matter...


Judges and Judiciary

How to drive James Joyce nuts

Jul. 12, 2021
By Arthur Gilbert

Just think if James Joyce were writing his magnum opus “Finnegans Wake” today on a computer, auto correct would drive him over...


Government, Family

Last month, California Attorney General Rob Bonta issued a statement to creditors and debt collectors that it would be illegal...


U.S. Supreme Court, Entertainment & Sports

The NCAA is not above the law

Jul. 12, 2021
By Garrett R. Broshuis

Last month the Supreme Court affirmed a Northern District of California judgment finding that the NCAA had violated antitrust ...


Civil Litigation, 9th U.S. Circuit Court of Appeals

Court narrowly interprets arbitrator disclosure decision, urges rehearing en banc

Jul. 12, 2021
By Dustin Chase-Woods, Blaine I. Green

The 9th Circuit maelstrom over arbitrator disclosure requirements intensified June 24 when a three-judge panel reversed and re...


If you face a tax audit and can legitimately point to the statute of limitations to head off trouble and expense, you should. ...


Environmental & Energy

Controversial program targets warehouse emissions

Jul. 12, 2021
By David C. Smith

The South Coast Air Quality Management District sparked widespread interest and controversy with its May 2021 adoption of an “...


Alternative Dispute Resolution

A discussion about mediating emotionally complex cases.


Law Practice, Ethics/Professional Responsibility

Risks when facing a legal malpractice claim

Jul. 9, 2021
By Shari L. Klevens, Alanna G. Clair

The first impulse of an attorney on the receiving end of a legal malpractice claim may be to panic. Here are some helpful tips...


U.S. Supreme Court, Health Care & Hospital Law

If the Supreme Court rules that the Medicaid Act does not preempt state law, laws like those in California that do not permit ...


Torts/Personal Injury, Civil Litigation

Tiger Woods crash: Dangerous condition of a public roadway?

Jul. 9, 2021
By Daniel K. Kramer, Teresa A. Johnson

While driving on a particularly winding stretch of road, professional golfer Tiger Woods sustained multiple injuries as a resu...


U.S. Supreme Court, Constitutional Law

OT20: It’s a wrap

MCLE
Jul. 9, 2021
By James Azadian, Becky James

Gaveling out last week, the justices issued their final opinions of the October 2020 term, drawing to a close one of the most ...


Government, Constitutional Law, California Supreme Court, California Courts of Appeal

In a first, a California Court of Appeal has issued an opinion that holds that the governor has the power to unilaterally legi...