The most important issue in a child custody case is simple: What is in the best interests of the child.
Letters, Law Practice, Labor/Employment
Incomplete access in any non-English language in the state workers’ comp system
By Kenneth Martinson-Gomez
Unfortunately, non-English speaking injured workers get less than substantial justice in the state workers’ compensation courts.
Law Practice, Criminal
Criminal continuances: Court culture creates calendar congestion
By Jaime R. Román
Delay affects each person who is subject to serial continuances awaiting disposition. It is tragic. It is costly to parties, t...
Letters, Judges and Judiciary
System needs judges who understand bias
By Kwixuan H. Maloof
It is disappointing that the Judicial Council of the CABL does not recognize the significance of four experienced public defen...
Civil Litigation, Family, California Courts of Appeal
A tsunami is coming to family law
By Claudia Ribet, Karen Silver
A recent decision will likely instigate a sea change regarding how family law trials and motions are litigated.
Attorney-client privilege is strong so clients will be forthcoming. But when it comes to taxes, lawyers and accountants are no...
Tax, Government, Corporate
With new tax law, there may be more co-ops in California’s future
By Phil Jelsma
In light of the recent tax overhaul, setting up a cooperative — mistakenly perceived to be the domain of farmers and workers’ ...
International Law, Government, Corporate, Antitrust & Trade Reg.
The right tool for trade relations
By Anna M. Han, Colleen Chien
Tariffs not only are a big stick good for shaking at partners, but also, as the stock market's dramatic reaction shows us, cap...
These programs are helping create a generation of “social justice solos” while diversifying the legal profession.
Civil Litigation, Insurance, California Supreme Court, 9th U.S. Circuit Court of Appeals
What is an ‘occurrence’ caused by an accident?
By Aaron M. Cargain
The California Supreme Court recently heard argument on what constitutes an "occurrence" under an employer's general liability...
Government, Administrative/Regulatory
Los Angeles can finally begin licensing sidewalk vending
By Pooja S. Nair
Before this measure was passed, Los Angeles was the only major city in the U.S. with a strict prohibition on any type of stree...
Civil Litigation, Insurance, 9th U.S. Circuit Court of Appeals
9th Circuit confirms that insurers bear heavy burden to avoid defense duty
By Linda D. Kornfeld, Julia K. Holt
A recent ruling follows California’s fundamental precepts that the duty to defend is broad, exclusions are to be narrowly inte...
U.S. Supreme Court, Judges and Judiciary, Government, Constitutional Law
Early threats to federal judicial independence
By Milan D. Smith Jr.
We are fortunate that most people have forgotten that Article III judges were unceremoniously removed from office and that the...
If you ever wanted to know what it’s like to be the target of a government agency that covets your home, go see a new movie ca...
Letters, Judges and Judiciary
Defend the independence of the judiciary
By Rupert A. Byrdsong, Brenda Harbin-Forte
As part of our mission to eradicate all forms of bias, we support and defend the independence of the judiciary and reject part...
Civil Litigation, Law Practice
Ned Good talked the talk and walked the walk
By Stanley K. Jacobs
When I joined CAALA in 1961, there were only approximately 250 members, but among them were some great lawyers. But Ned was in...
In searching for a new chief public defender, the L.A. Board of Supervisors should only consider candidates with substantial e...
Law Practice, California Supreme Court, Appellate Practice
The justices of the California Supreme Court: 2017 by the numbers
By Kirk C. Jenkins
In part one of this series, we broke down the numbers of what types of cases the court heard, where they came from, and the ho...
Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals
A devilish conflict: Public employment and religious expression
By Nathan J. Kowalski, Irma Rodriguez Moisa
Fortunately, the 9th Circuit has published several instructive decisions involving the interplay of religious freedoms and the...
U.S. Supreme Court, Civil Litigation, Intellectual Property
Next steps for patenting software in the new normal after Bilski, Mayo and Alice
By James C. Yang
The dramatic drop in allowance and increased patent invalidation rates should be discussed with inventors and businesses so th...
Transportation, Law Practice, Insurance
The long road to autonomous vehicle adoption
By Jonathan A. Michaels
Autonomous technology is far from perfected, but the end result will benefit generations who have yet to even be conceived.
Judges and Judiciary, Civil Rights, California Supreme Court
Access to justice in any language
By Mariano-Florentino Cuéllar
We all have a stake in language access in California courts — the legitimacy and viability of the legal system in such a diver...
U.S. Supreme Court, Immigration, Constitutional Law
Sometimes, it’s good to be wrong: Gorsuch’s surprise vote
By Jeffrey L. Bornstein, Andrew G. Spore
In September, we predicted a ruling upholding the Immigration and Nationality Act’s incorporation of the definition of “crime ...
Judges and Judiciary, California Supreme Court, Appellate Practice
The California Supreme Court: 2017 by the numbers
By Kirk C. Jenkins
Let’s dive into the data from last year to see what lessons we can learn about the state high court.
U.S. Supreme Court, Civil Litigation, Appellate Practice
The record on appeal versus the internet age
By Susan Yorke
A recent testy interchange between Justices Anthony Kennedy and Sonia Sotomayor highlighted a tension between the ubiquity of ...
Government, Criminal, Constitutional Law
Did ruling sound the death knell for gang injunctions?
By Daniel S. Roberts
Earlier this year, the federal court in Los Angeles entered an order which had the effect of blocking the city from enforcing ...
Law Practice, Ethics/Professional Responsibility
When to compromise: Getting paid without getting sued
By Frederick Hertz
If fighting for your fees is going to trigger a lawsuit you might lose, it's best to settle than fight for a full recovery.
Tax, Government
IRS FY 2017 updates and a possible single portal for state registration
By Erin Bradrick
Although a busy time for individual tax filers, it's been a relatively quiet month in the exempt organizations legal space, th...
Mergers & Acquisitions, Law Practice, Ethics/Professional Responsibility
Consider how to address pre-merger communications
By Shari L. Klevens, Alanna G. Clair
Without adequate foresight, a client may find that control of the privilege is now in the hands of the successor corporation.
Probate, Law Practice
Preparing a proper certificate of independent review
By Arthur J. Harris, Kavin Williams
When confronted by an elderly transferor, every competent estate attorney must reflexively obtain a California certificate of ...