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...
U.S. Supreme Court, Environmental & Energy
Climate plaintiffs should have chance to argue at trial
By John H. Minan
The plaintiffs should have the opportunity to argue this “discoverable and manageable” benchmark at trial.
Real Estate/Development
Landlords: What to know about California’s new rent control law
By Grace Winters, Jordan Tessier
While heated debate continues over whether the new law will help tackle the state's affordability crisis, every owner and deve...
I hate word games. One that has haunted the land use field for years is the use (or abuse) of the word “dedication.” Land use ...
Real Estate/Development, Land Use, Government
SB 50, not rent control, should be California's housing crisis solution
By Len Rifkind
Rent control may well limit rent increases on current occupied units and enable existing tenants to remain in their units long...
2019 was notable for the number of white-collar criminal matters that broke into the public consciousness, whether it was the ...
Civil Litigation
Discovery 2020: The new frontier of e-discovery and early disclosure
By Angela S. Haskins, Elizabeth A. Evans
In an ongoing effort to increase cooperation and meet the changing face of litigation, members of the California Legislature h...
Environmental & Energy
California needs better environmental and energy policy coordination
By Buck Endemann
California’s environmentalists and renewable energy advocates have been working passionately, but mostly separately, for many ...
In my 35 years as writ attorney for Division 7 of the 2nd District Court of Appeal, I saw a range of writ petitions, from outs...
In this article and accompanying self-study test, readers will learn about the procedures for conducting discovery in eminent ...
Government, Constitutional Law, 9th U.S. Circuit Court of Appeals
9th Circuit can restore balance in national security cases
By Cindy A. Cohn
In the almost two decades since 9/11, our nation has slowly started to restore the balance among the three branches of governm...
Labor/Employment
New NLRB confidentiality ruling is a good start, but not enough
By James J. McDonald Jr., Alix Rozolis
Workplace investigations are a fact of life for employers everywhere, but especially in California. Requirements that particip...