The object of this article and accompanying self-study test is to familiarize readers with procedures under the Government Cla...
Land Use, Civil Litigation, California Supreme Court
Ruling draws artificial distinction between eminent domain and inverse condemnation
By Mark S. Roth
The court’s rationale is that motions under that statute are limited to eminent domain actions and other remedies, such as sum...
State Bar & Bar Associations, Law Practice
Rural California suffers a painful shortage of lawyers
By Lisa R. Pruitt, Kelly V. Beskin
Although about a fifth of the nation’s population lives in rural areas, these places are home to only 2% of small law practice...
Government, Ethics/Professional Responsibility, Criminal
Ethics rule could reduce conflicts of interest for prosecutors
By Diana Becton, Chesa Boudin
In the wake of the recent killings of George Floyd, Ahmaud Arbery, Breonna Taylor, and countless others in California and beyo...
Courts must fulfill statutory duties while safeguarding the well-being of the public they serve. Some courts in California are...
International Law, Government, Data Privacy, Administrative/Regulatory
The rise and fall of the EU-US Privacy Shield
By Heather A. Antoine, Mallory Petroli
On July 16, the Court of Justice of the European Union announced its much awaited decision in the Schrems II case. The court d...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Distinguishing between discrimination and advocacy
By David M. Majchrzak, Heather L. Rosing
The ABA recently issued an ethics opinion to clarify the line between legitimate advocacy and conduct that would violate Model...
Labor/Employment, Civil Litigation, Alternative Dispute Resolution
#BlackLivesMatter and conflict resolution
By Angela Reddock-Wright
A trauma-informed approach to mediating claims of race discrimination.
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
A puff of smoke at the settlement conference?
By Louie H. Castoria
There’s a fine line separating legal “puffery” from outright lying.
State Bar & Bar Associations, Legal Education
We should applaud the changes to the California bar
By Kevin R. Johnson
In less than ideal circumstances with a global pandemic in the background, the California Supreme Court and State Bar worked d...
Family, California Courts of Appeal
Ruling weighs in on determining gross income available for child support
By Franklin R. Garfield
The 5th District Court of Appeal recently clarified two principles of California family law.
Government, Civil Rights
CUR elevates some fundamental rights over others
By Stephen F. Rohde
Secretary of State Mike Pompeo’s recently created Commission on Unalienable Rights released its first draft report last week.
Legal Education, Law Practice
An interview with UC Hastings Professor Naomi Roht-Arriaza
By Mallika Kaur, Naomi Roht-Arriaza
A conversation with international human rights expert and UC Hastings Professor, on writing about traumatic events to trauma-c...
Mergers & Acquisitions, Corporate
COVID M&A: pre-closing considerations for MAE definitions and interim operating covenants
By Jason T. Taketa, Veronica N. Lah
In this article, we examine how post-COVID-19 M&A deals have actually addressed these issues, by reviewing a sampling of p...
U.S. Supreme Court, Civil Litigation
Latest decision to keep anti-SLAPP out of federal court may spark high court review
By Derek F. Foran, Michael E. Komorowski
A ruling by the 2nd Circuit is the latest, and perhaps the most high-profile, federal appellate decision to hold that a state ...
Criminal
Time has come for DA offices to create Police Crimes Units
By Aram B. James, Richard G. Konda
Absent a complete defunding or abolition of police departments, we must have concrete and measurable ways to hold police accou...
Labor/Employment, Administrative/Regulatory
Cannabis business and law developments In the COVID-19 crisis
By Jonathan Landis
Every aspect of life, business and law has been impacted by the current and unprecedented COVID-19 pandemic. The cannabis indu...
Land Use, Civil Litigation, California Supreme Court
After inverse condemnation ruling,we’re still not quite done
By Andrew W. Schwartz
While a final resolution of the issue in a recent California Supreme Court ruling is long overdue and the court’s recent decis...
Labor/Employment, Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution
Arbitrator can’t order third parties to produce documents prior to hearing
By Michael H. Leb
The 6th District Court of Appeal recently held that the arbitrator did not have the authority to issue subpoenas for the pre-h...
Despite the glitches, technology advances in government, the courts and the law are a positive development and likely here to ...
Government, Constitutional Law
Court of Appeal decision may lead to increased California Voting Rights Act litigation
By Derek P. Cole
The California Voting Rights Act is a consequential statute that, until recently, received little attention from California co...
Law Practice, Constitutional Law
A primer on amicus briefs as a tool to protect individual liberty
By Deborah J. La Fetra
As a public interest legal organization, Pacific Legal Foundation litigates in multiple ways: Primarily, we initiate, defend a...
Labor/Employment
Senate begins drafting bill containing liability shield for businesses
By Bryan L. Hawkins
The past few months have seen a historic surge in both state and federal legislation aimed at lessening the detrimental effect...
Insurance, Civil Litigation
French restaurant wins business interruption claim; ruling sparks settlements
By William M. Shernoff
Despite the concerted efforts to pressure the insurance industry for business interruption payments, none have been successful...
Those not knowledgeable in the art of jury selection see little harm in masking jurors and lawyers. But for those of us who sp...
Corporate
Raising capital in uncertain times: investment options for high growth tech companies
By James Baillieu, Mark Rundall
For high growth tech companies, corporate venture capital can be an attractive investment option. Not only can corporates prov...
J.R.R. Tolkien is a master storyteller, and he sets up the moment when the Balrog’s whip ensnares Gandalf as poignantly tragic...
One possible way to circumvent the current trial delay situation is for a party to pursue bifurcation via a request for a sepa...
Probate
Protecting trustees from blame (and liability) after the COVID-19 crisis
By Michael S. Brophy, Craig S. Weinstein
As fiduciaries, trustees are typically guided by the responsibilities and obligations imposed on them under the law and/or pur...
Let’s be real about robo-lawyer lingo and right size those AI LegalTech catchphrases
By Lance Eliot
Care needs to be exercised in making use of misleading wording about AI in the legal profession. Infamously, the terms “robo-l...