Civil Litigation
Skylight falls at epidemic levels: Turning point for consumer safety
By Bruce A. Broillet
The problem has been so serious and so frequent that the U.S. Department of Labor began keeping statistics on skylight fall de...
Judges and Judiciary, California Supreme Court, Appellate Practice
Justice Carol A. Corrigan by the numbers
By Kirk C. Jenkins
Today, we’re continuing our series of analytics-driven profiles of each justice of the California Supreme Court in order of le...
Law Practice, Law Office Management
Law firm management, fantasy baseball style
By David L. Osias
Many baseball fans grew up learning about statistics like Batting Average, Runs-Batted-In and Home Runs. These were the Triple...
Law Practice, Appellate Practice, 9th U.S. Circuit Court of Appeals
When drafting choice-of-venue clauses, check a map
By Karin Bohmholdt
The wrinkle in a recent 9th Circuit case? Although there is, of course, a federal courthouse serving Linn County, and cases fi...
Civil Litigation, Law Practice, Judges and Judiciary, Ethics/Professional Responsibility
4th District Court of Appeal Justice William Bedsworth on civility
By Marc D. Alexander
The struggle to promote civility in the profession is a never-ending one, and we should be thankful that Justice Bedsworth und...
Tax, Civil Litigation
Altera redux—Will it get another bite at the APA?
By Peter J. Connors
Earlier this month, the 9th Circuit issued its new opinion in Altera v. Commissioner. Like last year’s opinion, which was subs...
You won't find a better close-up audience experience to hone your trial skills than by watching and hearing the state's very b...
FCC’s ‘call blocking by default’ rules may create unintended consequences
By Artin Betpera, David Carter
The FCC recently adopted a declaratory ruling allowing carriers to automatically opt consumers into call blocking programs. Th...
Government, Alternative Dispute Resolution
Preserve LA’s Dispute Resolution Program
By Amy Alkon
For 30 years -- since Avis Ridley-Thomas founded it in 1989 -- the Dispute Resolution Program has been providing free mediatio...
Law Practice, Civil Litigation, Appellate Practice
Appellate Adventures, Chapter Nine: "Using the Record"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Criminal, Constitutional Law, California Supreme Court
Justices appear split on how to address Brady/Pitchess tension
By Steven P. Graham, Jacob Madden
The California Supreme Court heard oral argument on June 5 in a case that has the potential to be the next significant change ...
Civil Rights, California Supreme Court, Appellate Practice, Alternative Dispute Resolution
MFAA versus CAA: Jurisdictional traps for the unwary in arbitration
By Gerald G. Knapton
In the last days of May two opinions were filed that explained and changed some of the rules for arbitration under the Mandato...
Civil Litigation, Criminal
The realities of court reporting in the 21st century
By Martin H. Block
Digital reporting has shown that it can effectively fill the gap caused by inadequate numbers of shorthand reporters and keep ...
Key considerations to take into account when evaluating digital media evidence for a case.
Civil Litigation, Government
Legislature weighs bill inspired by elder residents abandoned during wildfires
By Brian S. Kabateck, Katherine A. Bruce
One of the most heartbreaking cases of elderly abandonment happened in the midst of the Tubbs wildfire that raced through Sono...
Alternative Dispute Resolution
The advantages of co-mediation
By Suzanne K. Emge, Derek J. Emge
More attorneys are realizing is that the best “mediator” is often the best co-mediators.
As a former military shooting expert, I have a fear of guns — in the hands of fellow educators. In the aftermath of the 2018 s...
Civil Litigation, Environmental & Energy
Tectonic legal plates: climate change and housing in California
By Howard B. Miller
This is about one of the most important cases in California you haven’t heard of. As public and political leaders are moving t...
Civil Litigation, Labor/Employment, Government, Alternative Dispute Resolution
Will arbitration bill fare better under the Newsom administration?
By Gina M. Roccanova
The latest volley in the endless battle between California and the federal courts over mandatory arbitration clauses in employ...
Environmental & Energy, Bankruptcy
Court says FERC overstepped in PG&E bankruptcy cases
By David S. Kupetz
The bankruptcy court presiding over the Pacific Gas and Electric Corp. Chapter 11 bankruptcy reorganization cases issued a dec...
Tax, Government, Family
Bill that would have brought back state gift and estate tax fails to pass
By Scott E. Rahn
Of all the tax bills that California state legislators were considering this year, the one that potentially had the most profo...
It’s been nine years since the 2010 enactment of the Affordable Care Act. The ACA transformed American health care, the most s...
Probation commission needs certain powers to be effective
By Jan Greenberg Levine
The Probation Department has exhibited an incomprehensible and long-standing resistance to the adoption of practices that are ...
Corporate, Administrative/Regulatory
Instagram data leak adds to Facebook’s privacy woes
By Scott S. Satkin
A massive database containing information from more than 49 million Instagram accounts has been discovered online. The cache, ...
Education Law, 9th U.S. Circuit Court of Appeals
Title IX ruling is favorable authority for universities
By David Urban
Last week, the 9th Circuit approved the district court’s dismissal of a Title IX lawsuit brought by three University of Oregon...
U.S. Supreme Court, Government, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals
Wireless carriers have big plans for city streets: are cities powerless to stop them?
By Gail A. Karish
With SB 649 defeated and a recent California Supreme Court ruling, it would seem it is settled law in California that localiti...
Civil Litigation, California Supreme Court
Do we now know what a ‘public issue’ is under anti-SLAPP law?
By Jens B. Koepke
A recent California Supreme Court ruling is required reading for all civil litigators.
Intellectual Property, Government
Patent bill should focus on stabilizing law, not wiping out precedent
By Daniel N. Yannuzzi, Patrick McGill
Congress must appreciate and accommodate the reality of our constitutional system. As scattered as the current case law may be...
Civil Litigation
Clearing the hurdle: Classwide proof in false advertising class actions
By Robert D. Phillips Jr., Ethan Bond
In the world of false advertising claims, the all-important question is this: Can the putative class offer some model that dem...
Intellectual Property, Government, Criminal, Corporate
How a robot named ‘Tappy’ could cripple Huawei
By Janice W. Reicher, Jessica K. Nall
In the ongoing confrontation between the U.S. government and Chinese telecom giant Huawei, a civil trade secret dispute betwee...