U.S. Supreme Court, Constitutional Law
An Eighth Amendment takings case
By Michael M. Berger
We have a different kind of takings case for you today. This one involves the state of Indiana’s seizure of a $42,000 Land Rov...
The Los Angeles City Council unanimously approved an ordinance on Feb. 12 requiring city contractors to disclose any ties they...
Family
Is the conflict between your husband and wife estate planning client nonwaivable?
By Randy Spiro
Husbands and wives rarely retain separate attorneys when creating an estate plan. When the spouses sign a conflict waiver, and...
Law Practice, Alternative Dispute Resolution
Should lawyers and mediators also play the role of therapists?
By Jan Frankel Schau
Lawyers are not generally trained or “attuned” to addressing their client’s feelings in the same way. Instead, the typical law...
Law Practice, Judges and Judiciary, State Bar & Bar Associations
Dissolving legal barriers (Part 2)
By Curtis E.A. Karnow
On Wednesday, in the first part of this series I urged dissolving barriers among members of the legal profession. Here, I note...
U.S. Supreme Court, Intellectual Property
Patent Office guidance does not adhere to Alice
By Alex Moss
The Patent Office’s new guidance aims to upend the Supreme Court’s decision in Alice v. CLS Bank on two fronts.
Law Practice, Judges and Judiciary
High cost of court records through PACER contrary to First Amendment values
By Caitlin Vogus
Congress never intended to allow these fees to be set so high.
Law Practice, Family
Dealing with unfair conduct in family law cases
By Antonio R. Sarabia II
Most law students have heard of unclean hands. But most seasoned family law practitioners are not familiar with disentitlement.
Law Practice, Judges and Judiciary, State Bar & Bar Associations
Dissolving legal barriers (Part 1)
By Curtis E.A. Karnow
Trial judges and appellate justices rarely interact across their courts. Judges and lawyers have sporadic, desultory contact a...
The legal fight over inadvertent disclosures of privileged information due to unknown or unforeseen technology has already beg...
Tax, Civil Litigation, California Courts of Appeal, 9th U.S. Circuit Court of Appeals
Court OKs award to neutralize tax liabilities on lump-sum payment
By Robert W. Wood
A lump-sum award may push a plaintiff into a higher tax bracket. Not considering the taxes might effectively deny the plaintif...
Labor/Employment, California Supreme Court
Ruling will significantly limit remedies in wage and hour cases
By Eileen R. Ridley
In a decision that significantly narrows an employee’s remedies for wage and hour claims, the California Supreme Court unanimo...
Law Practice
Do you really need that expert witness?
By Allen L. Lanstra, Kevin J. Minnick
When developing an expert case, the possibility of not hiring an expert at all or pulling an already retained expert prior to ...
Get to know emerging AI technologies for legal research and their applications to your practice sooner rather than later.
No other part of the evidentiary phase of a civil trial presents as much opportunity for juror engagement and the partisan tak...
A great trial lawyer must harmonize his or her oral and visual presentations, so that they complement each other rather than c...
Law Practice
Having their cake and eating it too
By James J. Yukevich, Cameron J. Schlagel
This aptly describes a situation that is becoming ever-more common in design defect cases litigated in California.
To paraphrase a George Burns line: The secret of a good opening statement is to have a good beginning and a good ending -- and...
Civil Litigation, 9th U.S. Circuit Court of Appeals
ADA compliance standard for websites remains unclear
By Pooja S. Nair
Two recent circuit court decisions have found that the websites and mobile applications of places of public accommodation are ...
Labor/Employment
Will your independent contractors be relabeled, and by whom?
By Robert W. Wood
Recharacterization is always possible, by different agencies and for different purposes. You may have a good handle on the iss...
Civil Litigation, California Supreme Court, California Courts of Appeal, Alternative Dispute Resolution
Heimlich relief for 998 offers
By Edward R. Huguenin, Erik C. Tofft
Attorneys may be surprised to learn that there is no clear roadmap when it comes to employing the cost-shifting mechanisms of ...
Law Practice
What volunteer activities help law school applicants the most?
By Frank H. Wu
I am asked for advice about legal careers quite a bit, especially how to get into law school. Some prospective 1Ls likely woul...
California Supreme Court, Appellate Practice
Oral arguments before the California Supreme Court
By Myron Moskovitz
My critique might be right, and it might be wrong. But I think it's important to begin a discussion of this issue.
Civil Litigation, Intellectual Property
Evolution of the Defend Trade Secrets Act
By Jordan D. Grotzinger, Jena MacCabe
As the federal trade secrets law turns three, we reflect on how it has evolved and issues that continue to develop.
Government, Administrative/Regulatory
Closing the door on Section 8 housing discrimination opens many more
By Gary W. Rhoades
Eleven low-income people trying to secure affordable housing in Santa Monica in 2018 all got good news — followed hard by bad ...
Law Practice
Winning the war: Destroy your opponent’s expert in 5 steps
By Kristina Azlin, Vito Costanzo
A few key steps to dethroning the other side’s expert. Don’t let time, or costs, completely dictate your strategy
Richard Wirick reviews “Unexampled Courage: The Blinding of Sgt. Isaac Woodard and the Awakening of President Harry S. Truman ...
Ethics/Professional Responsibility
Ex parte? Not so fast, make sure you know the new rules
By Antonio R. Sarabia II
The new rule on ex parte conduct, Rule 3.3(d) of the Rules of Professional Conduct, is titled “Candor Toward the Tribunal.” Th...
Insurance, Government
Wildfire victims should be able to look to CDI for protection
By Jon B. Eisenberg
The 2018 California wildfires destroyed some 22,000 structures, including nearly the entire town of Paradise. Most of the ensu...
Jamal Knox's case is far from unique; rap lyrics are turning up as evidence in courtrooms across the country.