Alternative Dispute Resolution
Tips to master mediation advocacy, part 2
By Stephen H. Sulmeyer Ph.D, Wynne S. Carvill
In our last installment, we talked about the appropriate mindset and attitude advocates should have in mediation. In this inst...
U.S. Supreme Court, Government
High court to consider when AGs can intervene
By Christopher D. Dusseault
In Cameron v. EMW Medical Center, the U.S. Supreme Court will decide whether Kentucky’s attorney general may intervene to defe...
Entertainment & Sports
California vs the National Collegiate Athletic Association
By Frank N. Darras
The COVID-19 pandemic brought with it dramatic changes to the world of collegiate athletics, but the NCAA has fallen far behin...
Law Practice, Alternative Dispute Resolution
Virtually the same?
By Christopher David Ruiz Cameron
3 myths about videoconference arbitration
Government, Criminal
Ideology, not data, drives DA’s pro-criminal crusade
By Eric Siddall
Los Angeles County District Attorney George Gascón says that “science and data” justify his criminal justice policies, includi...
Judges and Judiciary, Covid Columns
OC courts safely conducted 170 jury trials during COVID
By Kirk H. Nakamura
When U.S. District Judge Cormac Carney dismissed charges against defendants in the Central District of California for the fail...
Torts/Personal Injury, Civil Litigation, California Supreme Court
Ruling clarifies legal duty to protect others from harm
By Hailyn J. Chen, Paul E. Martin
Is there a legal duty to protect others from harm caused entirely by third parties? “It depends,” goes the standard refrain.
U.S. Supreme Court, Government, Administrative/Regulatory
Supreme Court’s media ownership ruling has silver linings
By Elizabeth Brannen
The court issued a narrow ruling that correctly recognized the FCC’s commitment in the context of its Section 202(h) quadrenni...
Probate, Appellate Practice
Is it worthwhile to appeal a probate court loss?
By David Greco
An appeal is not a chance to retry your case. But — with experienced appellate counsel — it may be an opportunity to fix what ...
Law Practice, Law Office Management, Administrative/Regulatory
Should law firms worry about liability for PPP loans?
By Byron J. McLain, Daniella M. Gutierrez
Law firms are viewed by the Department of Justice and other enforcement agencies as gatekeepers subject to a higher standard o...
U.S. Supreme Court, Government, Constitutional Law
Blame the Supreme Court
By Erwin Chemerinsky
Amidst all of the discussion of Georgia’s very restrictive new voting law, the institution that is largely responsible is esca...
Labor/Employment
Dangerous tension: Hazard pay and the National Labor Relations Act
By Mark Theodore
For once-in-a-hundred-year events such as the pandemic — with uncertainty over the solution to the crisis and even its duratio...
U.S. Supreme Court, Civil Litigation
A first step towards restoring sanity to TCPA litigation
By Maxwell V. Pritt
On April Fool’s Day 2021, a unanimous U.S. Supreme Court put an end to a 30-year old ruse proliferated by the TCPA plaintiffs’...
The IRS has been hunting crypto hard for more than five years now, and the pace is getting faster.
U.S. Supreme Court, Intellectual Property
Google v Oracle and the Grateful (API) Dead
By Peter S. Menell
What a long strange trip it's been
Letters, Judges and Judiciary
Disabled judicial appointments are sadly lacking
By David D. Marsh
Following on Peter Lynch’s Letter to the Editor on March 11 about the disproportionately low rate of sitting judges in Califor...
Criminal, Constitutional Law
Ineffective assistance
By Alyssa D. Bell, Brittany L. Lane
Reliance on binding precedent may no longer be enough
Building investor trust while mitigating litigation risk
Alternative Dispute Resolution
Tips to master mediation advocacy, part 1
By Stephen H. Sulmeyer Ph.D, Wynne S. Carvill
What are the keys to success for lawyers representing clients in mediation? There are many possible answers to that question, ...
Judges and Judiciary, Covid Columns
Reflections on the other pandemic: intimate partner violence
By Eric C. Taylor, Lawrence P. Riff
Los Angeles County Superior Court’s restraining order courts in a year of emergency.
Probate, Family
Proving testamentary capacity in suits involving tortious interference with inheritance
By Mark J. Phillips, Jake V. Phillips
Only in the last decade have California courts recognized as tortious conduct the intentional interference by one person in th...
U.S. Supreme Court, Criminal, Constitutional Law
At the Mountains of Madness
By Brian M. Hoffstadt
The Supreme Court is poised to review the standard for a defendant to successfully show that an error in federal constitutiona...
Technology, Law Practice
Explaining AI explainability amid a legally explainable vantage point
By Lance Eliot
Explanations are part of our daily lives. The advent of AI has brought the nature of explanations to the forefront of ongoing ...
Letters, Judges and Judiciary, California Courts of Appeal
It’s the CJP, not the complainant, that must maintain confidentiality
By Jon B. Eisenberg
The author of the March 31 Daily Journal column “Is the 3rd District slacking?” wonders why I went public with my recent compl...
State Bar & Bar Associations, Letters, Law Practice, Ethics/Professional Responsibility
Nonlawyer law firm ownership is a cure worse than the disease
By Danny Abir
Ralph Baxter and Zachariah DeMeola believe the legal system is broken. Their arguments for why and how nonlawyer ownership of ...
Wanna bet which proves more effective in speeding up justice for veterans… more government regulations or class action lawyers?
Law Practice, Ethics/Professional Responsibility
Tips for preventing harassment and discrimination in law firms
By Shari L. Klevens, Alanna G. Clair
In the years leading up to the pandemic, many high-profile allegations of sexual harassment and discrimination were in the hea...
Construction, California Courts of Appeal
Mechanics liens, real property and contractual interest
By Garret D. Murai
Construction lawyers, and, indeed, many legal practitioners, are familiar with the mechanics’ lien.
Government
Stimulus bill gives music, entertainment and museum facilities a boost
By Phil Jelsma
Music venues, motion picture theaters and museums decimated by COVID-19 restrictions received a boost last month when the Amer...
Joel Lopez died of COVID this January. Apart from his wife Maria and his 2-year-old daughter Julieta, few people noticed. I di...