Civil Litigation, Construction
Actual and economic damages in construction defect cases
By Garret D. Murai
Until recently, there has been an open question regarding whether homeowners have to comply with the Right to Repair Act’s pre...
Health Care & Hospital Law, Government
Law updates hospital discharge policy for homeless patients
By Ima E. Nsien
With its new law, Senate Bill 1152, California puts the onus on hospitals to integrate homeless patients back into the communi...
Law Practice, State Bar & Bar Associations
The cool demeanor of an experienced practitioner
By James R. Rosen
This month, we profile Christopher P. Wesierski, the hard-charging, pick-of-the-litter dynamo of the Southern California defen...
As a law professor, I wish students would hesitate before denouncing government actions, or public officials, as “racist” or “...
Civil Litigation, Law Practice, Appellate Practice
Holy, Holey Rules!
By Benjamin G. Shatz
Our appellate rules are pretty darn good. But they’re not perfect and can’t account for every bizarre situation.
The U.S. Supreme Court recently agreed to hear a case that could force a hard reexamination of the past decade of Second Amend...
Civil Litigation, Law Practice
Key component of settlement agreements requires updating
By Erin R. Dunkerly
As of Jan. 1, 2019, a key component of settlement agreements in California — the release of unknown claims and waiver of Civil...
Law Practice, Ethics/Professional Responsibility
Legal ethics, personal conscience and higher notions of morality
By A. Marco Turk
What are the ethical responsibilities of overzealous lawyers who seek to “win” at all costs (“Rambo tactics”), including the t...
Law Practice, Judges and Judiciary, Appellate Practice
Blind as a Bat
By Arthur Gilbert
On bats and rules for writing opinions, which I violate with agonizing regularity.
California Courts of Appeal, Appellate Practice
Resolving Appeals Faster
By James Ardaiz, Christopher Cottle
Our last column suggested steps that you might take to get your case heard earlier. This column will explore whether the court...
U.S. Supreme Court, Civil Litigation, Intellectual Property
Justices agree that secret sales bar patent protection
By Jennifer Hayes, Ben Rosborough
In a recent decision, the U.S. Supreme Court unanimously confirmed that the America Invents Act did not change the meaning of ...
Civil Litigation, Law Practice
Personal Injury Liens: An Overview
By Lars C. Johnson
This article provides an overview of personal injury liens including identifying the major lien types, discussing how these li...
The process by which police and prosecutors operate and enforce our laws is a matter of critical importance to a civilized soc...
Tax, Government, Administrative/Regulatory
Charitable trust registration changes and the impact of the shutdown
By Erin Bradrick
The California attorney general’s office recently proposed changes to the forms and regulations regarding registration and rep...
Law Practice, Entertainment & Sports, Alternative Dispute Resolution
Prepare for mediation like Belichick prepares for the Super Bowl
By Michael H. Leb
Some wag will undoubtedly read this column’s headline and ask: “You mean we should cheat?” Yet as an NFL coach, Bill Belichick...
Law Practice, Intellectual Property, Corporate, Contracts, Alternative Dispute Resolution
Drafting arbitration provisions for high-tech deals
By Amanda Tessar, Sarah Stahnke
A few practical pointers that contract negotiators and drafters can use to ensure that, if arbitration becomes necessary, your...
In April of 1986, I stood at the conference room window of the large firm in downtown Los Angeles where I worked, numerous oth...
Entertainment & Sports, Alternative Dispute Resolution
A glaring 'non-call' and the slipper slope of moral disengagement
By Phyllis G. Pollack
The NFL's position on a controversial call during the recent game between New Orleans Saints and the Los Angeles Rams warrants...
Real Estate/Development
Property tax lien foreclosures and federal tax liens: a primer
By Stuart B. Rodgers
Real property tax lien investments are not without risk. When there are liens arising under federal law which attach to the re...
U.S. Supreme Court, Constitutional Law
Reaching for handgun rights
By William Slomanson
Last week the Supreme Court granted certiorari in a case challenging a New York City gun regulation, and the court’s decision...
Real Estate/Development, Government
Shutdown stalled opportunity zone momentum
By Phil Jelsma
In addition to costing the U.S. economy $11 billion, the month-long government shutdown stalled the current darling of the com...
Immigration, Government, Constitutional Law
Congress should clarify what constitutes an ‘emergency’
By John H. Minan
Federal law establishes a procedure for the president to declare a national emergency — but it doesn’t saw what an emergency is.
U.S. Supreme Court, Civil Litigation, Alternative Dispute Resolution
Statutory originalism has firmly arrived
By Steven B. Katz
Two recent Supreme Court rulings on arbitration speak with one voice to announce a clear shift in the way the high court is go...
The case of the public pissoir
By Michael M. Berger
This month we’ll take a step back from takings law to discuss a strange case involving a three-inch hole installed in San Fran...
Constitutional Law, Civil Rights
Water, property rights and the public trust doctrine
By Erin E. Wilcox
Even if Mark Twain never actually said, “Whiskey is for drinking; water is for fighting over,” nowhere is this maxim better il...
Civil Litigation, Administrative/Regulatory
Illinois high court answers highly litigated biometric law question
By Kamran Salour
Businesses should pay attention to a recent Illinois Supreme Court ruling on the state’s unique biometric privacy law.
Government, Administrative/Regulatory
Businesses express concerns with CCPA at public forum
By Jeffrey Atteberry
On Friday, the California attorney general’s office hosted a public forum at the Ronald Reagan Building in downtown Los Angele...
Civil Litigation, Labor/Employment, California Supreme Court
Dealing with Dynamex
By Laura P. Worsinger
The California Supreme Court’s decision the landmark worker classification case is having a greater impact on employers than a...
Securities, Administrative/Regulatory
Securities year in review
By Nicolas Morgan, Thomas A. Zaccaro
And looking ahead to securities regulation priorities in 2019.
Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution
Cost-shifting in mediation after Berkeley Cement ruling
By Marc D. Alexander
A California jurist once wisely observed, “All too often attorney fees become the tail that wags the dog in litigation.”