U.S. Supreme Court
To anyone considering donating to a nonprofit: great news
By Jeremy B. Talcott
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
Picking a peacemaker: Is there a secret formula to picking the right mediator?
By Christopher Keele
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
Will employers get to arbitrate California’s exploding representative action lawsuits?
By Paul S. Cowie, Amanda E. Beckwith
The U.S. Supreme Court has another opportunity to finally end the battle over the enforceability of pre-dispute arbitration ag...
Q&A with Justice Candace Cooper (ret.) of the 2nd District
By Robert Gagnier
Candace Cooper, formerly of the 2nd District Court of Appeal, discusses her experience on the bench.
Ethics/Professional Responsibility
Don’t live in tech ethics peril: Ethics reforms need your attention
By Erin M. Joyce
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
Adapting our laws to rein in AI before things get woefully out of hand
By Lance Eliot
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
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
Cruelty will not solve the ‘homelessness problem’ in LA
By Lorraine A. Lopez
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?
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
High court case will provide guidance to ERISA fiduciaries
By Elise Klein
The U.S. Supreme Court recently granted certiorari in a case in which plaintiff members of two ERISA pension plans claimed tha...
Civil harassment restraining order discovery: time is not on your side
By Timothy M. Weiner
It will come as no surprise to practitioners that discovery issues routinely arise in family law cases. This makes perfect sen...
Labor/Employment
California WARN Act litigation may increase due to COVID-19 pandemic
By Sonya D. Goodwin
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?
By Robert M. Heller
Part 1: The duties owed by afflicted lawyers
U.S. Supreme Court, Environmental & Energy
The answer to what are ‘Waters of the United States’ again in play
By Steven L. Hoch
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
Don’t underestimate the conservativism of the Roberts court
By Erwin Chemerinsky
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...
The law is a haunted house. Haunted by ghosts, by our past.
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
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...
Just think if James Joyce were writing his magnum opus “Finnegans Wake” today on a computer, auto correct would drive him over...
Government, Family
Is order safeguarding child tax credit payments good ‘law’?
By David Friedman
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
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
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
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
Jeffrey Krivis in conversation with Professor Sukhsimranjit Singh of the Straus Institute for Dispute Resolution
By Jeffrey Krivis, Sukhsimranjit Singh
A discussion about mediating emotionally complex cases.
Law Practice, Ethics/Professional Responsibility
Risks when facing a legal malpractice claim
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
Can Medicaid agencies snag settlement proceeds allocated to medical expenses they haven’t yet paid?
By Marcia Augsburger
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?
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
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
State high court should decide whether governor can legislate
By Daniel M. Kolkey
In a first, a California Court of Appeal has issued an opinion that holds that the governor has the power to unilaterally legi...