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Family

Child custody: Does the child get a say?

Apr. 30, 2018
By Marina Manoukian

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

Unfortunately, non-English speaking injured workers get less than substantial justice in the state workers’ compensation courts.


Law Practice, Criminal

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

Apr. 27, 2018
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

Apr. 27, 2018
By Claudia Ribet, Karen Silver

A recent decision will likely instigate a sea change regarding how family law trials and motions are litigated.


Tax

Death, taxes and the attorney-client privilege

Apr. 27, 2018
By Robert W. Wood

Attorney-client privilege is strong so clients will be forthcoming. But when it comes to taxes, lawyers and accountants are no...


Tax, Government, Corporate

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

Apr. 26, 2018
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...


Law Practice

Legal incubators can help bridge the justice gap

Apr. 26, 2018
By Maria E. Hall

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?

Apr. 26, 2018
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

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

Apr. 26, 2018
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

Apr. 25, 2018
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...


U.S. Supreme Court, Constitutional Law

Eminent domain, the movie

Apr. 25, 2018
By Michael M. Berger

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

Apr. 25, 2018
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

Apr. 25, 2018
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...


Government, Criminal

It’s Public Defender, not Public Pretender

Apr. 24, 2018
By L. Song Richardson

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

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

Apr. 24, 2018
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

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

Apr. 24, 2018
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

Apr. 23, 2018
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

Apr. 23, 2018
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

Apr. 23, 2018
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

Apr. 23, 2018
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?

Apr. 23, 2018
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

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

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

Apr. 20, 2018
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

MCLE
Apr. 20, 2018
By Arthur J. Harris, Kavin Williams

When confronted by an elderly transferor, every competent estate attorney must reflexively obtain a California certificate of ...