Alternative Dispute Resolution
Mediation law does not protect clients; it’s too little too late
By Jan Frankel Schau
SB 954 appears to be driven by our Legislature’s desire to offer consumer protection to clients who choose to settle their dis...
Law Practice
Legislation created new rules for licensed shorthand reporters
By Chris Micheli
Effective Jan. 1, 2019, AB 2084 adds Section 8050 to the Business and Professions Code to limit the business practices of lic...
Intellectual Property
When does the parody defense in trademark cases fail?
By Caitlin C. Conway, Peter Harvey
Evidence of confusion and tarnishment often tip the balance.
Ethics/Professional Responsibility, California Supreme Court
Conflict waiver enforceability
By Stephen L. Raucher
Earn MCLE credit reviewing a recent Supreme Court case dealing with a conflict waiver that didn't quite get the job done.
Law Practice, Insurance, State Bar & Bar Associations
Is mandatory malpractice insurance coming to California?
By Kenneth C. Feldman
Many California lawyers may not be aware of the Malpractice Insurance Working Group or what it’s currently studying.
Law Practice, State Bar & Bar Associations
Legislation reauthorizing State Bar fees made several other changes
By Chris Micheli
Last week, Gov. Jerry Brown signed Assembly Bill 3249, the State Bar bill. The bill amends over 100 various statutory provisio...
Law Practice, Ethics/Professional Responsibility
Tips for attorneys who are addressing disputes over advance fees
By David M. Majchrzak, Heather L. Rosing
Given the requirement to promptly refund unearned advance fees, once the disputed funds are identified and segregated, lawyers...
U.S. Supreme Court, Judges and Judiciary, Criminal
A seasoned prosecutor versus a sexual assault victim?
By Elana R. Levine
We have a seasoned prosecutor cross-examining a victim of a violent crime for the whole country to see. Yet, the cross-examina...
Judges and Judiciary, California Supreme Court, Appellate Practice
Working without Werdegar
By Kirk C. Jenkins
Dive into some California Supreme Court statistics to examine how the retirement Justice Kathryn M. Werdgar— which has led to ...
“Norman Mailer: The Sixties: A Library of America Boxed Set” (2018) shows Mailer as really one of the inventors of what came ...
Alternative Dispute Resolution
Informed consent in mediations taking place in California
By Phyllis G. Pollack
The almost absolute protection for mediation confidentiality stems from California’s Evidence Code Sections 1115-1128 enacted ...
Law Practice, Civil Rights
Strides for LGBT attorneys over the years: A personal perspective
By William E. Weinberger
In this column, and those to follow, I will explore these issues, along with interviews of LGBT judges, corporate in-house co...
Every witness could be lying, or not, to tell the truth.
Litigation & Arbitration, U.S. Supreme Court, Civil Litigation, Labor/Employment
Another big term for arbitration at the Roberts court
By Joseph R. Palmore
This term, the Supreme Court is poised, again, to issue decisions on the enforceability of arbitration agreements.
U.S. Supreme Court, Labor/Employment, Civil Rights
Title VII also bans sexual orientation discrimination
By Joshua C. Williams
This term, the Supreme Court has an opportunity to protect more Americans from discrimination based on sexual orientation.
U.S. Supreme Court, Native Americans, Criminal
A prisoner in his own land?
By Tim Evans
A Native American prisoner case up for U.S. Supreme Court review could create jurisdictional shifts in eastern Oklahoma -- or ...
Probate, California Supreme Court
Probate court closed to disinherited trust beneficiaries
By Denise E. Chambliss, James R. Cummins
In a case of first impression, a California Court of Appeal recently held that only trustees and beneficiaries under a current...
Labor/Employment, Construction
New laws will affect contractors in California
By Chris Micheli
Several bills recently signed by Gov. Jerry Brown will affect California contractors.
U.S. Supreme Court, Constitutional Law, Administrative/Regulatory
Judge Brett Kavanaugh and the administrative state
By Anne Voigts, Matthew V. Noller
If Kavanaugh is confirmed, his jurisprudence will give enterprising litigants a strong incentive to bring more challenges to a...
U.S. Supreme Court, Criminal, Constitutional Law
Will the court upend the dual sovereign doctrine?
By Craig E. Countryman
When both federal and state law criminalize the same conduct, the defendant can be independently prosecuted under each. That m...
U.S. Supreme Court, Constitutional Law
Federalism and takings law do not blend
By Michael M. Berger
The problem that I have with the concept of federalism is the tendency of some of its fans to enlist it in analyzing regulator...
Civil Litigation, California Supreme Court
State high court should say what ‘gross negligence’ means
By Carla V. Minnard
A case involving a gruesome injury on Mammoth Mountain gives the state high court a chance to clear up the issue.
Justices will weigh takings law state court exhaustion requirement
By Bryan W. Wenter
On Oct. 3, the U.S. Supreme Court will hear oral argument in a case that could overturn precedent that has long been criticize...
Government, Criminal
New state law provides standards for warrantless removal of vehicles
By Chris Micheli
Last week, Gov. Jerry Brown signed into law Assembly Bill 2876, which codifies existing case law concerning the warrantless re...
Tax, Corporate
Bill appears to conform California law to IRS partnership audit regime
By Phil Jelsma
In July of this year, the Internal Revenue Service finalized its partnership audit rules, and this week Gov. Jerry Brown signe...
U.S. Supreme Court, Civil Litigation, Appellate Practice
How strict are appellate deadlines in class actions?
By Andrew J. Trask
The 9th Circuit has ruled that the class action appeal deadline can be extended by “equitable factors,” but will its decision ...
U.S. Supreme Court, Constitutional Law
An important case for religious rights and public sector speech
By David Urban
A First Amendment case on the Supreme Court’s docket this term presents a more conservative-leaning U.S. Supreme Court an oppo...
U.S. Supreme Court, Appellate Practice
Briefing in the US Supreme Court post-Kennedy
By Ben Feuer, Anna-Rose Mathieson
For more than a decade, Supreme Court advocates with polarizing cases designed their arguments to appeal to one man above all:...
Law Practice, Education Law
Do legal education and liberal arts need to be defended?
By Frank H. Wu
In the past generation, students on the whole have displayed a profound change. Time was, the average student indicated that s...
Law Practice, Judges and Judiciary
A high school student’s view of the Los Angeles County Superior Court
By Justin Pfahler
Walking into the inner sanctum of a judge’s chambers, I immediately felt a sense of awe. Sure it was filled with lots of diplo...