Asian-American Heritage Month, May, has ended, and just as well. The government proposals made as the celebrations were conclu...
Each juror brings a unique perspective and experience to the process, but together they create new energy. When jurors aren’t ...
Alternative Dispute Resolution
The COVID-19 pandemic’s impact on civility in mediations
By Joan B. Kessler, Tori Hirsch
Usually, crisis and stress are catalysts for incivility, yet it seems that people are trying harder to be “nice” now in virtua...
Government, Constitutional Law
President Trump and the Rule of Law
By Joseph R. Grodin
It’s a funny thing about the Rule of Law: It’s not a rule, and it’s not a law. It is, rather, a set of principles, a body of n...
Ironically, in a vote cast by email to ensure their own safety in the midst of the COVID-19 pandemic, the California Judicial ...
We lawyers are accustomed to incremental change based on reasoned consideration of precedent. Legal precedent is designed to c...
Law Practice, Ethics/Professional Responsibility, Civil Litigation
Demurrer can dispose of legal malpractice claims based on the statute of limitations tolling provision
By Jason E. Fellner, Kevin Cardona
The 6th District Court of Appeal recently issued a landmark decision upholding the trial court’s sustaining of a demurrer, wit...
U.S. Supreme Court, Criminal, Civil Rights
Facts are stubborn things
By Robert L. Bastian Jr.
In reviewing uses of force, what law departments now consider as facts relevant to determining whether force is reasonable sig...
Health Care & Hospital Law
Broad immunity for nursing homes is short-sighted
By Christa H. Ramey
In a report issued on June 4, the Centers for Medicare and Medicaid Services, which oversees most nursing homes in the United...
Government, Criminal
Good cop, bad cop and the US attorney general
By Howard Gillingham
Attorney General William Barr does not know a good cop from a bad one. United States District Judge Emmitt Sullivan may soon t...
Civil Litigation
The hearsay rule and a re-introduction to Evidence I
By Michael D. Marcus
A recent ruling provides an introductory law school review of what is hearsay and what is not.
Family
Understanding the mathematics of the double dip in California divorce (Part III of III)
By Frank Wisehart
A double dip is frequently associated with an adjustment made by the business valuer for the owning spouse's salary.
Criminal
‘Coercive control’ domestic violence bill: well-intentioned, but need to be reworked
By Nancy K.D. Lemon
State Sen. Susan Rubio has a venerable history of authoring legislation addressing the issue of domestic violence. However, un...
Insurance
Virus, disease exclusions in insurance policies may be unenforceable
By Shaun H. Crosner, Nicolas A. Pappas
In recent months, many insured businesses have turned to their insurers seeking coverage for claims and losses related to COVI...
Climate change cases can move forward in state courts, but will they be successful?
By Darrin D. Gambelin, Monica Browner
A torrent of recent decisions has pointed to state courts as the venue in which states, cities and other local jurisdictions c...
Possible misuse of military as November approaches is cause for concern
By John H. Minan
The president has considerable latitude to use the military for lawful domestic purposes, but forcefully clearing the square o...
U.S. Supreme Court, Government, Constitutional Law
The US Supreme Court’s giant Puerto Rico miss
By Glenn E. Roper
In a decision issued June 1, the U.S. Supreme Court missed an opportunity to address an important question: Does the abuse of ...
Family
Understanding business valuation for divorce litigation (part II of III)
By Frank Wisehart
The commonly used methods of valuation are categorized into three primary approaches. The three approaches are the asset, inco...
Law Practice, Civil Litigation
For the times, they are a-changin’... or are they?
By Gregory L. Bentley
To address this crisis, our court system is leaning-in. Through the valiant efforts of the Judicial Council, bench and bar le...
Torts/Personal Injury, Law Practice
Gym and fitness facilities often unprepared to respond to health emergencies
By Bruce A. Broillet, Alan Van Gelder
Various health issues can arise at a gym/fitness facility which require action by employees of the facility. Such issues can i...
Law Practice, Civil Litigation
Coronavirus’ effect on juror attitudes
By Gary A. Dordick
Once the courts figure out how to best get jurors back into the courthouse and into the jury box the question will be, how wil...
Law Practice, Civil Rights
Finding your bearing as a plaintiff lawyer in a pandemic
By Niall P. McCarthy
Closed offices and courtrooms have created a major disruption with our ability to effectively represent our clients. Plaintiff...
Law Practice, Civil Rights
It’s never too soon to prepare for trial: The seeds of good trial preparation begin early in litigation.
By Jason E. Fellner
Whether representing a plaintiff or defendant, it is never too soon to prepare your case for trial. Be the captain of your shi...
Law Practice
Using ESI-specified discovery in a post-COVID-19 data-driven world
By Stephanie Yee
Now is the time for attorneys to begin or supplement their education on the types of electronic information and the methods by...
Law Practice, Alternative Dispute Resolution
Resilience: What is it and how can I develop it?
By Jamie A. Jacobs-May
As we face the Covid-19 pandemic, most of us have experienced anything from noticeable distress to life-threatening harm and t...
Family
Understanding business valuation for divorce litigation (part I of III)
By Frank Wisehart
This three-part series will discuss key factors inherent in business valuation reports. The focus will be on mechanical issues...
Judges and Judiciary, Family
Court closures and consensual dispute resolution
By Franklin R. Garfield
The supervising judge of the Family Law Departments of the Los Angeles County Superior Court has recently announced a back log...
On June 1, the Historic Courthouse in Auburn re-opened for business after being closed for two and one-half months due to the ...
Securities, Government, Corporate
SEC Amendments to financial disclosures save money at the expense of investors
By Timothy R. Bowers, Lauren M. Bittle
On May 21, the SEC published its final rule regarding Amendments to Financial Disclosures about Acquired and Disposed Business...
Labor/Employment
‘Can’t we just be like California?’ Another solution in search of a problem
By Dawn Mertineit, Robert B. Milligan
While historically the issue of noncompete enforcement has been left to the states, the last year has seen the U.S. Department...