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A recent appellate ruling demonstrates that bad faith liability for failure to settle may arise even in the absence of a deman...


Labor/Employment, Civil Rights, 9th U.S. Circuit Court of Appeals

Ruling is a reminder on this Equal Pay Day

Mar. 24, 2021
By Jennifer Reisch

A recent ruling by the 9th Circuit provides a timely lesson reminding us that it is long past time for employers to pay all wo...


U.S. Supreme Court, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

On the eve of the Final Four round of the NCAA college basketball tournament, the NCAA will be fighting a battle of its own be...


Labor/Employment

On Friday, California reenacted and expanded supplemental paid sick leave for covered absences related to COVID-19 through Sen...


Family

Lessons learned from an Oklahoma divorce case

Mar. 23, 2021
By Jeffrey P. Blum

As the trial got underway, pundits speculated that Sue Ann would end up with the largest divorce settlement in history.


Remember last year? The normal April 15 deadline last year was extended to July 15. That brought millions of taxpayers some re...


Law Practice, Ethics/Professional Responsibility, Civil Rights

Study after study after study shows that peremptory challenges are used to discriminate against people of color, Batson notwit...


Labor/Employment, Health Care & Hospital Law

Employer vaccination programs: Wielding carrots and sticks

Mar. 22, 2021
By Eva Yin, Mary O’Brien

As the U.S. continues to roll out its COVID-19 vaccination program, many employers are considering mandating vaccination to en...


Real Estate/Development, Land Use

Assembly Bill 3182 seeks streamline permitting for accessory dwelling unit construction as well as to limit the restrictions p...


Law Practice, Ethics/Professional Responsibility

The legal system is broken; it's time for change

Mar. 22, 2021
By Ralph Baxter, Zachariah DeMeola

Arash Homampour's recent op-ed opens with the phrase, "If it ain't broke, don't fix it." Well, the legal system is broken. Dis...


Judges and Judiciary, California Courts of Appeal, Appellate Practice

Some problems produce benefits. They can even lead to lasting improvements.


Government, Corporate

Attorney General Merrick Garland has assumed the helm of the U.S. Department of Justice at a critical time.


Law Practice, Judges and Judiciary

Why we ‘just shut down our courts’

Mar. 19, 2021
By Silvia R. Argueta, Diego Cartagena

“Why is it that we don’t just shut down our courts?” begins the March 3 op-ed article by former judge Mary Thornton House.


Construction, Civil Litigation, California Courts of Appeal

Ruling is bad news for contractors and their sureties

Mar. 19, 2021
By Larry A. Rothstein

A recent appellate decision will have a major impact on the approximately 300,000 licensed contractors in California. Not in a...


U.S. Supreme Court

As the administrative state has expanded, so too has the importance of the Freedom of Information Act. FOIA ensures public scr...


Tax, Civil Litigation, Books

Rob Wood’s treatise, “Taxation of Damage Awards & Settlement Payments,” has long been the go-to guide for tax issues surro...


Alternative Dispute Resolution

When appropriate, a mediator’s proposal can be deployed to great effect. But it’s just one tool at a mediator’s disposal.


Law Practice, Ethics/Professional Responsibility, California Courts of Appeal

Adjudicating attorney fee disputes: A new Pech-ing order

Mar. 18, 2021
By Patrick M. Maloney, Carl I.S. Mueller

A recent appellate ruling grants an advantage to attorneys caught up in fee disputes.


Technology, Law Practice

There is an ongoing theory that the mind has a twofold capacity of thinking fast and thinking slow. This controversial and arg...


Law Practice

Advocatus diaboli: Solving problems of case evaluation

Mar. 18, 2021
By Curtis E.A. Karnow

Good lawyers discuss the negatives with clients; but that is tough to do with some clients at the same time as billing the hou...


Criminal, Appellate Practice

Man eavesdrops on himself with prostitutes; conviction upheld

Mar. 18, 2021
By Dmitry Gorin, Alan Eisner

An appellate court upheld the conviction of a man found guilty of violating anti-wiretapping laws by filming himself with pros...


Labor/Employment, Government

The PRO Act and the future of American labor law

Mar. 18, 2021
By Mark S. Spring

It would be the most comprehensive piece of labor legislation to be enacted since 1935, when the National Labor Relations Act ...


U.S. Supreme Court, Constitutional Law

The U.S. Supreme Court addressed the question whether nominal damages for a past violation of legal rights satisfies the redre...


Law Practice, Family, California Courts of Appeal

Incivility ruling has implications for divorce litigators

Mar. 17, 2021
By Franklin R. Garfield

As the court held: “Trial judges deciding motions for attorney fees properly may consider whether the attorney seeking the fee...


U.S. Supreme Court, Intellectual Property, Constitutional Law

Earlier this month, the U.S. Supreme Court heard oral arguments in a case that has the potential to upend thousands of decisio...


Environmental & Energy

At the end of last year, the Chicago Mercantile Exchange (the “Merc”) began allowing trading of water futures through a new fu...


Law Practice

Law firm reliance on technology has opened the door for things more sinister and new cyberthreats targeting law firms may be p...


Negligence Claims Under California Law Encompass a Broader Spectrum of Conduct Than Excessive Force Claims Under the Fourth Am...


Government, Constitutional Law

Eliminate the filibuster

Mar. 16, 2021
By Erwin Chemerinsky

The United States is a democracy, and the majority should govern.


Criminal

Instructions given to Chauvin jurors are vital

Mar. 16, 2021
By V. James DeSimone

It is often said that picking a jury is the most important part of the trial. In the case of the Minnesota v. Chauvin, the sec...