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Government, Civil Litigation

Government Claims Act

MCLE
Jul. 27, 2020
By Jeffrey Y. Hamilton Jr.

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

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

Jul. 27, 2020
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

Jul. 27, 2020
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...


Law Practice, Judges and Judiciary

A checkerboard of compliance

Jul. 24, 2020
By Mary Ellen Waller

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

MCLE
Jul. 24, 2020
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

Jul. 24, 2020
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

Jul. 24, 2020
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?

Jul. 24, 2020
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

Jul. 24, 2020
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

The 5th District Court of Appeal recently clarified two principles of California family law.


Government, Civil Rights

CUR elevates some fundamental rights over others

Jul. 24, 2020
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

Jul. 24, 2020
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

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

Jul. 23, 2020
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

Jul. 23, 2020
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

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

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

The 6th District Court of Appeal recently held that the arbitrator did not have the authority to issue subpoenas for the pre-h...


Law Practice

Despite the glitches, technology advances in government, the courts and the law are a positive development and likely here to ...


Government, Constitutional Law

The California Voting Rights Act is a consequential statute that, until recently, received little attention from California co...


Law Practice, Constitutional Law

As a public interest legal organization, Pacific Legal Foundation litigates in multiple ways: Primarily, we initiate, defend a...


Labor/Employment

The past few months have seen a historic surge in both state and federal legislation aimed at lessening the detrimental effect...


Insurance, Civil Litigation

Despite the concerted efforts to pressure the insurance industry for business interruption payments, none have been successful...


Law Practice

Face masks and juror credibility

Jul. 21, 2020
By Gary A. Dordick

Those not knowledgeable in the art of jury selection see little harm in masking jurors and lawyers. But for those of us who sp...


For high growth tech companies, corporate venture capital can be an attractive investment option. Not only can corporates prov...


Criminal, Constitutional Law

The last whiplash of the Balrog

Jul. 21, 2020
By Hadar Aviram

J.R.R. Tolkien is a master storyteller, and he sets up the moment when the Balrog’s whip ensnares Gandalf as poignantly tragic...


Law Practice, Family

Using bifurcation to avoid trial delays

Jul. 21, 2020
By Jeffrey P. Blum

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

Jul. 21, 2020
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...


Care needs to be exercised in making use of misleading wording about AI in the legal profession. Infamously, the terms “robo-l...