Civil Litigation
Are politicians’ sex lives a ‘matter of public concern’?
By Krista L. Baughman
In a 2020 revenge porn lawsuit by former congresswoman Katie Hill, Hill alleged that her privacy was violated when her ex-husb...
Criminal
Court upholds Terry stop and frisk, prompting strong dissent
By Dmitry Gorin, Alan Eisner
Flores is a disappointing result for the defense bar, who might have reasonably concluded that a suspect who simply ducks and ...
Intellectual Property
Consideration of non-traditional trademarks in branding strategy
By Dariush Adli
Many are surprised to learn that a scent can be a trademark.
Torts/Personal Injury, Civil Litigation
Athletic orgs have a duty to protect against child sex abuse
By Jesse Creed
When the California Supreme Court took up Brown v. USA Taekwondo, these organizations hoped for a judicial victory limiting th...
Strategies for addressing discrimination in civil disputes
By Jan Frankel Schau
The subtleties of both implicit and explicit biases are not limited to our streets and neighborhoods, boardrooms or courthouse...
Law Practice, Judges and Judiciary, California Courts of Appeal
Revelations II
By Arthur Gilbert
The intriguing title of my February column “Revelations” was an intimate look (not exposé) on how appellate opinions are “proc...
Law Practice, Appellate Practice
Appellate Adventures, Chapter 21: “I Won My Appeal! Now What?
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Law Practice, Appellate Practice
The glorious history of the Committee on Appellate Courts
By Benjamin G. Shatz
Once upon a time, the State Bar of California not only licensed, regulated and disciplined lawyers, but also formed committees...
Alternative Dispute Resolution
Tips to master mediation advocacy, part 4
By Stephen H. Sulmeyer Ph.D, Wynne S. Carvill
We previously discussed mindset, preparation, joint sessions and mediation statements. In this piece, we will discuss the rela...
State Bar & Bar Associations, Legal Education, Law Practice, Ethics/Professional Responsibility
Does consumer debt correlate to moral character?
By Jessica Williams
Most state bars incorrectly think so.
Entertainment & Sports
Music attorneys must take a proactive role in non-fungible tokens
By Steve Gagliano
In the first quarter of 2021, artists like 3LAU, Kings of Leon, and Grimes sold non-fungible tokens and earned seven and eight...
U.S. Supreme Court, Constitutional Law
Supreme Court has the opportunity to bolster free speech
By Jeremy B. Talcott, Jim Manley
On Monday, the U.S. Supreme Court heard argument in a case asking whether you have the right to privacy when you make charitab...
Law Practice, Judges and Judiciary, California Courts of Appeal
Law Day 2021: A celebration of the law and lawyers
By Manuel A. Ramirez
As presiding justice of the 4th District Court of Appeal, Division 2, in Riverside, I come into contact with the men and women...
Law Practice, Bankruptcy
Open Courts Act of 2020: the impact on bankruptcy and beyond
By Jeph Ledda, Elissa D. Miller
In an effort to create open and free access to electronic federal court records, the Open Courts Act of 2020 was introduced an...
Tax, 9th U.S. Circuit Court of Appeals
Settle or fight? The challenges of Section 280E and cannabis
By Jennifer Benda
State-licensed marijuana businesses have high IRS audit rates and face big challenges to minimize their federal tax burden. On...
Employer’s bid for arbitration denied based on unauthenticated e-signature
By Patrick J. Wingfield, Abraham M. Andrade
A recent appellate decision provides us with important guidance on how courts will weigh evidence and determine the credibilit...
Labor/Employment
Employers obligated to re-hire employees in certain sectors
By Christine H. Long
The governor has stated that California will reopen almost all sectors by June 15. This has employers working overtime to figu...
Military Law, Immigration
Thanks for your service... now get out of my country
By Eileen C. Moore
At a symposium on deported veterans one of “the foremost authority on military veterans facing deportation” said that recruite...
Probate, Alternative Dispute Resolution
Ruling says courts can order trust and probate cases to mediation
By Glen M. Reiser, Mark Lester
California Probate Code Section 17206 provides broad discretion to the probate court to “make any orders and take any other ac...
U.S. Supreme Court, Constitutional Law
Is the prevention of ‘future blight’ a public use?
By Michael M. Berger
How far the Supreme Court’s holding in the infamous Kelo decision goes (or whether it should be reconsidered and reversed) is ...
Constitutional Law, California Supreme Court
Overturning California’s bar on interracial marriages
By John S. Caragozian
In 1948, the California Supreme Court became the first state in the nation to rule that such laws violate equal protection rig...
Contracts are at times the backbone of legal practice efforts (or, perhaps the angst-producing bane of their existence). Legal...
Tax, Law Practice
As the settlement spigot reopens, consider structured legal fees
By Robert W. Wood
As the economy sputters to recover, we can expect a solid flow of legal settlements.
Education Law, California Supreme Court
Don’t turn classrooms into courtrooms and retraumatize victims
By Theane Evangelis
Should cross-examination be required in school disciplinary proceedings? This question has taken on renewed importance with th...
Government, Civil Rights
Skid Row ruling should be required reading
By Timothy D. Reuben
Judge David O. Carter wrote, “Virtually every citizen of Los Angeles has borne the impacts of the City and County’s continued ...
Health Care & Hospital Law
Immunity expands to end a pandemic by vaccination
By Craig B. Garner
In such unprecedented times, it is not surprising that federal legislation grants certain immunity to manufacturers of COVID-1...
Criminal
The George Floyd Act: Is Qualified Immunity really going away?
By DeWitt Lacy
The Derek Chauvin case could be an outlier, or it could signal a true turning point in the nation’s move toward justice, and t...
Labor/Employment, Civil Litigation
Prop 22 retroactivity ruling highlights ballot measure strategy
By Ronald L. Zambrano
On April 9, U.S. District Judge Edward M. Chen reversed an earlier finding that Proposition 22, the California ballot measure ...
Technology
Legal issues to watch in navigating the secondary market for NFTs
By Michael Dore
In many ways, the plane is being built in mid-air. Concrete statements about what an NFT can or cannot do, and even what it is...
It is an oft-repeated mantra that with large government spending comes large amounts of fraud. The Paycheck Protection Program...