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Torts/Personal Injury

In any lawsuit even tangentially involving healthcare or a healthcare provider, the plaintiff’s attorney should always file wi...


U.S. Supreme Court, Judges and Judiciary

What I Learned From SO’C

Dec. 5, 2023
By Brian M. Hoffstadt

What I cherish most from my time with her, as well as from our more sporadic interactions in the many years since my clerkship...


Alternative Dispute Resolution


9th U.S. Circuit Court of Appeals

Ninth Circuit 2023 Appellate Roundup

Dec. 5, 2023
By Benjamin G. Shatz, Patrice Ruane

The 9th Circuit was presented with some fascinating appellate cases – particularly with cases about appellate standing, jurisd...


Corporate

The Corporate Transparency Act goes into effect Jan. 1, and underscores a paradigm shift – demanding a proactive approach from...


Year in Review Column, Law Practice

A season of giving billable hours only

Dec. 5, 2023
By George K. Rosenstock

The industry standard for pro bono hours – 20 hours per lawyer – is generally ignored by all but the largest law firms, the la...


U.S. Supreme Court, Tax, Securities

Preparing for the argument: Moore v. U.S.

Dec. 4, 2023
By Madison S. Spach Jr.

On Dec. 5, the Court will hear Moore v. U.S., a case that turns on whether Congress has the power to tax shareholders o...


Judges and Judiciary

A flicker of hope?

Dec. 4, 2023
By Arthur Gilbert

We all know that A.I. can call up so many more items of information than any human brain can. Some responses to my past column...


Year in Review Column, Torts/Personal Injury

Modernized recovery laws provide new incentive for medical malpractice lawyers, and could change the legal landscapes of Calif...


Year in Review Column, Torts/Personal Injury

The proliferation of claims and the increase in damage awards has increased the cost of insurance, putting additional financia...


Judges and Judiciary

On criticizing judges

Dec. 4, 2023
By Myron Moskovitz

When I represent an appellant, my job is to win a reversal. I do that without saying that the trial judge was stupid, l...


Year in Review Column, Law Practice

As virtually all industries migrate towards being more sustainable, lawyers have a crucial role to play in acting in the clien...


Government

Congress: Ukraine is still germane

Dec. 1, 2023
By William Slomanson

In an earlier era, the U.S. was initially reluctant to participate in World Wars I and II. But fascist dictators implemented i...


Alternative Dispute Resolution

How to select a mediator in three easy steps

Dec. 1, 2023
By Jeff Kichaven

It’s relatively easy for lawyers to determine the level of a prospective mediator’s knowledge of the territory. But be careful...


Ethics/Professional Responsibility

California Rule of Professional Conduct 8.3 and Business & Professions Code Section 6090.8 – the new lawyer “snitch” rules...


Contracts

The trap of being bound to a letter of intent

Dec. 1, 2023
By Louis A. Lipofsky

The Tiffany decision is an extreme example of a Court “strain[ing] to implement. . .[ parties] intent” to form a contract (cit...


State Bar & Bar Associations

Many legal services organizations and legal aid attorneys strongly support the proposed pilot creating a portfolio alternative...


Liquidated damages could undo a settlement agreement

MCLE
Nov. 30, 2023
By Abraham A. Khan

When a settlement agreement negotiated at a mediation includes liquidated damages, it may face heightened scrutiny, and a poor...


Real Estate/Development, Administrative/Regulatory

Don’t use the Coastal Act to abuse the Coastal Act

Nov. 30, 2023
By Frank P. Angel, Cooper Kass

Short-term rentals expand overnight stay opportunities for coastal visitors, but have sparked complaints from locals about inc...


Evidence

The little hearsay exception that couldn’t

Nov. 30, 2023
By Ashfaq G. Chowdhury

A recommendation to recognize an exception to the hearsay rule for a present sense impression lacked support, and § 1243 never...


Constitutional Law, Administrative/Regulatory

Is it time to reconsider Penn Central?

Nov. 29, 2023
By Michael M. Berger

We need to stop kidding ourselves. Penn Central isn’t working and it can’t be fixed. The way to put all of us — judges, regula...


Labor/Employment

How far do California’s new non-compete laws reach?

Nov. 29, 2023
By Walter C. Pfeffer

California’s new statutes on restrictive covenants create thorny issues for employers trying to determine who is actually cove...


Judges and Judiciary, Government

Where should we go from here?

Nov. 29, 2023
By James P. Gray

We should start by following the advice of my wonderful and even heroic deceased father, U.S. District Judge William P. Gray, ...


Technology, Corporate

Great governance holds the key to “good” AI

Nov. 29, 2023
By Sara L. Terheggen

In assessing AI’s data and functionality and its intersection with current and future regulatory compliance, it is important f...


State Bar & Bar Associations, Ethics/Professional Responsibility

Beginning with reporting year 2025, all attorneys must complete one hour of continuing legal education in use of technology in...


Year in Review Column, Securities

The SEC’s recent enforcement actions confirm whistleblower protections

Nov. 28, 2023
By Thomas A. Zaccaro, Deeksha Kohli

In the SEC’s last fiscal year alone, the SEC’s Office of the Whistleblower received a record 18,000 tips (or approximately 70 ...


Family

Guide to Family Court “Buzzwords” (Part 2)

MCLE
Nov. 28, 2023
By Patti C. Ratekin

The purpose of this guide is to provide an instant definition of most of the common terms and “buzzwords” heard in a Family La...


State Bar & Bar Associations, Letters, Ethics/Professional Responsibility

In order to better serve the public, why doesn’t the State Bar turn its attention to partnering with the local bar association...


State Bar & Bar Associations, Letters, Ethics/Professional Responsibility

The statement that “everyone’s against it” is false. The State Bar staff report clearly states that 84% of the public support ...


In response to unlicensed credit promoters failing to substantiate ERC claims, the IRS announced new guidelines for reviewing ...