The California Supreme Court just reopened the probate court to disinherited trust beneficiaries.
Government, Criminal
Boudin election as DA is consistent with larger trend
By Allison B. Margolin, Xochilt Gama
There is a pattern taking place throughout the entire country. More progressive individuals are running and being elected to ...
Labor/Employment, Alternative Dispute Resolution
Business favors mandatory arbitration at the expense of employees right to trial by jury
By Twila S. White
Mandatory arbitration agreements are used by employers to require employees, as a term and condition of employment, to agree t...
Government, Administrative/Regulatory
The online home for public interest groups should not be a private equity acquisition
By Cara Gagliano
What do the American Bible Society, Consumer Reports, Girl Scouts of the USA, and Sierra Club have in common? All of them use ...
Labor/Employment
Open competition: Trending noncompete litigation in California
By Nicholas Kanter, Tal Burnovski Yeyni
Many states in the United States permit contractual restraints on trade, provided the restraints are reasonable. California wa...
Intellectual Property
Rethinking artists’ moral rights in the age of social media
By Kimberly Almazan, Lauren Bursey
Artists’ moral rights, or the rights of creators of copyrighted work to protect and control the fate of their work, are arguab...
Letters, Government, Constitutional Law
Column was wrong on the rules of impeachment
By Richard A. Nixon
Even if something is not a crime, it could be a high crime? This non sequitur is outrageous on its face and cannot be true.
The military’s gay policy is still harming veterans
Civil Litigation
Facebook reaches largest privacy class action settlement
By Amanda Fitzsimmons
In what is the largest privacy class action settlement to date, Facebook Inc. announced that it will settle a high-profile law...
Tax, Real Estate/Development
Thought that failed Section 1031 exchange was taxable in 2019? Think again!
By Phil Jelsma
In fact, many investors who thought funds they received from Section 1031 exchanges last year are taxable and believe nothing ...
The judicial career of the recently-passed Los Angeles County Superior Court Judge Philip Saeta is one that deserves more than...
Last month’s column ended with an aphorism from Honest Abe about catching flies with honey. (But who wants to catch flies anyw...
Public Defenders are committed to the cause of justice for their clients. They fight vigorously to defend them. They work lon...
Construction, Civil Litigation
Ruling in defect case is a lesson in purchase agreement drafting
By Garret D. Murai
While the Court of Appeal’s decision is relatively straightforward it seems that its decision was grounded primarily on how th...
The time for recognition of a parent-child privilege has come.
Law Practice, Judges and Judiciary
Taking credit or blame for the future
By Arthur Gilbert
Consider to what extent an incident, a moment in our past, is significant within the endless chain of what we think is cause a...
Labor/Employment, Education Law, California Supreme Court
High court guidance on unemployment benefits public school employees
By Michael D. Youril, Laura Schulkind
In a recent decision the California Supreme Court established a framework for determining when public school employees are eli...
Lawyers sometimes think, “The judge was wrong. That evidence was not admissible. So I’ll win the appeal. All I need to do is w...
Intellectual Property
Do you have to disclose trade secrets to protect them?
By Samuel Yu
What specific trade secrets were stolen, and why should they be given any protection? These seem to be fair questions to ask a...
U.S. Supreme Court, Government, Criminal
US Supreme Court wrestles with 'Bridgegate' convictions
By Matt Chester
The U.S. Supreme Court recently heard oral arguments in the appeal of the criminal convictions related to the so-called “Bridg...
At least nine bills have been introduced seeking exemptions from AB 5, including for small businesses, newspaper deliverers, f...
Government, Ethics/Professional Responsibility
Zealous representation and the trial of Donald J. Trump
By A. Marco Turk
Party politics aside and irrespective of whether a Republican or Democrat occupies the White House, let's look at what some of...
Environmental & Energy
Climate Change: We may be late to the party, but the band’s still playing
By Gerald George
Understanding how the world got to its present state in terms of climate change requires looking at some basic tenets.
The uncertain impact of the Employee Retirement Income Security Act upon prenuptial agreements provides more cause to shy away...
Comedy and law don’t seem compatible. “The law,” after all, is serious and sober, the cases themselves often complicated and,...
U.S. Supreme Court, Environmental & Energy, Administrative/Regulatory
Swimming in uncertainty: new regulations define “Waters of the United States”
By Marc R. Bruner
The EPA has adopted new final regulations to redefine the term “waters of the United States.”
State Bar & Bar Associations, Legal Education, Law Practice
Keep California meritocratic
By Mitchell Keiter
Americans, especially Californians, celebrate meritocracy, the idea that what what we do matters more than where we are from. ...
U.S. Supreme Court, Civil Litigation
Supreme Court to consider validity of TCPA exemption in new case
By Ana Tagvoryan, Harrison M. Brown
Earlier this month, the U.S. Supreme Court granted a petition for writ of certiorari to review a decision on the constitutiona...
In Civil Procedure, I assign students to visit court, watch any civil dispute, and write up their observations, because the co...
Law Practice, Judges and Judiciary
2019 motion statistics for an individual calendar civil court
By Richard L. Fruin
At the end of each year, for the past seven years, I have counted the number and type of motions that were decided in Departme...