Family
Determining permanent spousal support: in theory vs in practice
By Franklin R. Garfield
In the immortal words of Yogi Berra: “In theory, there is no difference between theory and practice. In practice, there is.”
Government, Constitutional Law
Could impeachment really bar Trump from running again?
By Kris Whitten
Current Senate Majority Leader Mitch McConnell has said that there is not time for the Senate to try President Trump before he...
Labor/Employment, Government
A new era for noncompetes under the Biden administration
By Patrick Hammon
With the Democratic Party’s recent sweep of the Georgia runoffs, President-elect Joe Biden appears not only to have the votes,...
Law Practice, Alternative Dispute Resolution
Best practices for remote advocacy during the pandemic
By Daniel B. Garrie, Gail A. Andler
The pandemic has caused a rapid turn to technology as many proceedings and functions that would typically be deemed in-person ...
Technology, Law Practice
Legal personhood at the outskirts of spontaneous AI
By Lance Eliot
When it comes to the law and proposed governance of AI, there is a controversial question about whether legal personhood is ri...
Tax, Real Estate/Development
Proposition 19 brings new rules for retaining assessed value
By Robert W. Wood, Alex Z. Brown
In short, Prop. 19 has slashed your ability to keep a lower property tax basis for anything other than a primary residence tha...
Mediation briefs routinely contain pages and pages of unimportant details. Some describe in the most excruciating manner every...
Lawmakers want courts to concentrate on the treatment a veteran needs, rather than the nature of the crime charged.
Health Care & Hospital Law
The Logistics of COVID-19 vaccine distribution: Los Angeles
By Brandon Young, Jacob Itzkowitz
Last month, Los Angeles County began administering the first doses of COVID-19 vaccines to frontline health care workers.
Civil Litigation
Merit principle reform needed for private sector employment
By William M. Crosby
The emotional and financial harm resulting from precipitous discharges of employees without good cause would be far less possi...
Criminal
Navigating pre-court intervention in state and federal court
By Dmitry Gorin, Alan Eisner
In cases where the client is out of custody and arraignment is not imminent, a pre-court intervention can substantially benefi...
Civil Litigation, California Supreme Court
New limit on entry of judgment by default
By Michael R. Sohigian
The California Supreme Court’s latest opinion on the subject further limits the entry of judgment by default.
Government, Constitutional Law
Presidential self-pardon would likely be unconstitutional
By Erwin Chemerinsky
The tragic events of last week make even more salient the question of whether Donald Trump can pardon himself before leaving o...
Government, Constitutional Law
Can the Senate try a president after he leaves office?
By John H. Minan
Senate Majority Leader Mitch McConnell has indicated that a trial in the Senate will begin after Trump leaves office. But does...
In two cases this term, the U.S. Supreme Court will provide guidance on how appellate courts are to review the credibility of ...
Government, Ethics/Professional Responsibility
Giuliani crossed the lawyer’s Rubicon and it must be addressed
By Peter R. Afrasiabi
Rudy Giuliani needs to confront bar disciplinary proceedings for his words that were part of the mosaic that egged on a mob il...
Probate
Why T&E lawyers should have long-term disability attorneys on speed dial
By Frank N. Darras
Disability and long-term care insurance law is complex, which is why collaborating with a seasoned disability insurance lawyer...
U.S. Supreme Court, Environmental & Energy
Implementing high court ruling shows fluidity of CWA discharge permits
By Andre Monette
The question of whether the Clean Water Act requires a permit for a discharge has long been settled law — except when it’s not.
Judges and Judiciary, Civil Litigation
This is the story all about a COVID-era jury trial in LA
By Douglas W. Stern
Sometimes the stars simply align. In the end, this was such an occasion. But it was a long and rocky road to that end.
Law Practice, Judges and Judiciary
Potpourri or get it off your chest
By Arthur Gilbert
Looks like our Democracy is intact. Whatever one’s politics or rationale for positions extreme and otherwise, the courts maint...
Labor/Employment, Government
Fall of the paper wall: Arbitration may be curtailed in 2021
By Eric Kingsley
Miracles of miracles, the Democrats pulled off a double win in Georgia. Just days ago, we expected to see business as usual in...
Government, Constitutional Law
25th Amendment is not likely to provide a practical solution
By John H. Minan
President Donald Trump’s call for action for his supporters to assemble in Washington on Jan. 6 to save America and “stop the ...
Law Practice, Books
A complex golden age: ‘Lawyers of Los Angeles: 1950-2020’
By Howard B. Miller
For those of us part of the legal culture of California, and Los Angeles legal culture in particular, there is no better guide...
Judges and Judiciary, Government
Visionary becomes state’s new judicial appointments secretary
By George Nicholson
Few people outside the legal profession realize that Luis Cespedes, the governor’s newly named Judicial Appointments Secretary...
2020 was a big year for published trusts and estates cases, including California Supreme Court decisions. The following articl...
Civil Litigation, 9th U.S. Circuit Court of Appeals
Ruling offers insights on consumer injuries and standing strategy
By James Sigel, Adam Sorensen
In a recent decision, the federal appeals court clarified Article III’s standing requirements where a plaintiff challenges the...
Government, Constitutional Law
How the president’s powers can be removed
By Robert Nida
In response to the acts of President Donald Trump resulting in uprising in our nation’s capital on Tuesday, politicians, comme...
Ethics/Professional Responsibility
Potential liability to third parties for legal opinions
By Shari L. Klevens, Alanna G. Clair
Providing a “legal opinion” may seem like a core function for lawyers that is anything but controversial.
Government, Criminal
Policy changes herald sea change in LA criminal justice system
By Dmitry Gorin, Alan Eisner
As the new year begins, criminal law practitioners in Los Angeles county are beginning to adapt to massive changes brought abo...
Law Practice, Ethics/Professional Responsibility, Civil Litigation
Year in review 2020: cases involving lawyers
By Kenneth C. Feldman, Alex A. Graft
Review trends in cases against lawyers in 2020; MCLE credit available.