Criminal
Justice achieved in 3-strikes case in Gascón era
By Alan Eisner, Dmitry Gorin
In a recent case in the Los Angeles County Superior Court, we achieved a five-year negotiated prison sentence for a defendant ...
Criminal, Constitutional Law
Plain view doctrine: What you see is what you get
By Gary S. Paer
The object of this article and self-study test is to familiarize readers with the plain view doctrine pertaining to the law of...
Pay attention: Discovery in international arbitration cases
By Neil A.F. Popovic, Shin Hahn
Last month, the U.S. Supreme Court granted certiorari in a case to address the scope discovery in international arbitration.
U.S. Supreme Court, Labor/Employment, Entertainment & Sports
NCAA under scrutiny in grant-in-aid cap antitrust litigation
By Maurice M. Suh, Daniel L. Weiss
This year, March Madness was more than just a couple of basketball tournaments with Stanford and Baylor cutting down the nets.
Labor/Employment, Civil Litigation, California Courts of Appeal
Punitive damages: hypothetical or hyper-technical?
By Barri Friedland, Laura Reathaford
An appellate court recently affirmed a punitive damages award that was largely based on damages that the plaintiffs could not ...
Law Practice, Judges and Judiciary, Ethics/Professional Responsibility
Lawyers must help protect judges
By James J. Brosnahan, Dan VanDeMortel
Our duty to uphold the rule of law includes supporting judicial safety.
Legal Education, Law Practice
In conversation with UCLA Law Dean Jennifer Mnookin
By William Domnarski
At the helm of UCLA Law School since 2015, Mnookin ticks all the boxes as an academic and legal community leader.
Labor/Employment
Post-pandemic domestic workers present unique challenges
By Arash Homampour
With the resumption of post-pandemic life, California families are bringing workers back into their homes.
Tax, Government, Criminal
Trump’s pardon didn’t end Roger Stone’s legal problems
By John H. Minan
Stone, a confidant and friend of former President Donald Trump, was pardoned by Trump in 2020 just days before beginning to se...
Alternative Dispute Resolution
Tips to master mediation advocacy, part 3
By Stephen H. Sulmeyer Ph.D, Wynne S. Carvill
In the last two installations we discussed mindset/attitude and how to prepare for a mediation. In this installment, we will d...
Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution
Pandemic-era appellate rulings take on arbitration issues
By Neville L. Johnson, Douglas L. Johnson
Over the past year, appellate courts in California have been active in deciding arbitration issues. Here are a few of the impo...
U.S. Supreme Court, Technology, Law Practice, Intellectual Property
The rise of the legal API
By Lance Eliot
It seems that the relatively obscure and technoid topic of APIs had a moment of fame when the recent Supreme Court ruling was ...
Tax, Law Practice
Taxing legal settlements, legal malpractice and more
By Robert W. Wood
A recent Tax Court decision may provide some lessons for legal settlements.
Technology, Government, Data Privacy
We need sensible facial recognition regulations at state, federal level
By Anita Taff-Rice
Sensible regulations should be passed at the federal and state level that preclude use of facial recognition technology. Sensi...
Intellectual Property, 9th U.S. Circuit Court of Appeals
InteliClear and the future of CUTSA’s pre-discovery requirements in federal court
By Carolyn Hoecker Luedtke, James R. Salzmann
As California practitioners know, Section 2019.210 of the California Uniform Trade Secrets Act requires that “before commencin...
Intellectual Property
USPTO offers pendency exception for COVID-19-related trademark applications
By Sui Q. Duong
The U.S. Patent and Trademark Office created a process to prioritize examination of trademark applications covering certain CO...
Intellectual Property, 9th U.S. Circuit Court of Appeals
Desire v. Manna Textiles: Assessing impacts on multiple-defendant copyright suits
By Blake Cunningham, Kenneth L. Steinthal
Earlier this year, the 9th Circuit altered the statutory damages landscape in cases involving multiple defendants.
Labor/Employment, 9th U.S. Circuit Court of Appeals
Ruling clarifies who qualifies as an ERISA fiduciary
By Robert J. McKennon
U.S. Supreme Court
An upcoming U.S. Supreme Court case is highlighting the need to pay greater attention to the justices’ conflicts of interest a...
Criminal
Abolish qualified immunity; otherwise, we get the policing that the Supreme Court thinks we deserve.
By Robert L. Bastian Jr.
So much interpretation, nuance, indeed, duende embedded in U.S. Supreme Court opinions regarding constitutional and civil righ...
Law Practice
Supreme Court is responsible for complaint system accessibility
By Thomas F. Coleman
The board of trustees of the State Bar of California will be reviewing the Annual Discipline Report on Friday. During the meet...
Robert ‘Bob’ Bertram Steinberg (1928-2021) tried the first asbestos case west of the Mississippi and established the ‘peculiar...
Icarus’ D-I-Y guide to gliders
By Brian M. Hoffstadt
For decades now, the California Legislature has been enacting laws aimed at ending mass incarceration. Let us hope that the Le...
Law Practice, Appellate Practice
Appellate Adventures, Chapter 20: "What Should I Do at Oral Argument"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Insurance, Civil Litigation, 9th U.S. Circuit Court of Appeals
No defense duty for criminal restitution claims
By Kirk A. Pasich
The 9th Circuit recently issued a decision in a case that involves an unusual situation in which an insurer agreed to defend i...
State Bar & Bar Associations, Law Practice, Immigration, Ethics/Professional Responsibility
Licensing nonlawyers to practice would exacerbate ‘notario’ problem
By George Diab, Morgan Barney
The State Bar of California is pushing forward a set of proposals that would license nonattorneys to practice law and further ...
Technology, Law Practice
How the British Nationality Act unexpectedly spurred AI and the law
By Lance Eliot
You undoubtedly know the famous saying is that we must remember the past to ensure a suitable future. Along those lines, a key...
Prop 65 cannabis warnings provide clarity, but with conditions
By Peter Duchesneau, Anita Famili Sabine
On March 19, the California Environmental Protection Agency’s Office of Environmental Health Hazard JAssessment, known as OEHH...
Environmental & Energy
Fracking ban bill fails, for now
By Jeffrey Dintzer, Jeffrey P. Carlin
On Tuesday, Senate Bill 467 failed by one vote to advance out of the Senate Committee on Natural Resources and Water.
Military Law, Law Practice
How California attorneys can help our veterans
By Katie Binkley, Caitlin Emmons
The veteran community has unique needs as a client base which differ from civilian clientele. Consider some examples: A vetera...