Torts/Personal Injury
MICRA expanded to non-patient drivers negligently hit by ambulances
By Benjamin T. Ikuta
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
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
‘Don’t Ask, Don’t Tell’ is a conflict avoidance tactic
By Mark B. Baer
9th U.S. Circuit Court of Appeals
Ninth Circuit 2023 Appellate Roundup
By Benjamin G. Shatz, Patrice Ruane
The 9th Circuit was presented with some fascinating appellate cases – particularly with cases about appellate standing, jurisd...
Corporate
Businesses elevated as guardians of national security and financial integrity
By Phil Jelsma, Ulrick Matsunaga
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
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.
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...
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
After a yearslong exodus, attorneys likely to return to medical malpractice
By Gregg A. Hubley, Alena Klimianok
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
Once time-barred sexual assault claims could upend school district budgets
By Calvin R. House
The proliferation of claims and the increase in damage awards has increased the cost of insurance, putting additional financia...
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
Are law firms acting responsibly? They need to do more, research says
By Lisa Hart Shepherd
As virtually all industries migrate towards being more sustainable, lawyers have a crucial role to play in acting in the clien...
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
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
The new attorney rules could unleash Pandora’s box of unintended consequences
By Kurt L. Schmalz
California Rule of Professional Conduct 8.3 and Business & Professions Code Section 6090.8 – the new lawyer “snitch” rules...
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
California bar exam unnecessarily screens out potential excellent lawyers
By Claudia B. Center
Many legal services organizations and legal aid attorneys strongly support the proposed pilot creating a portfolio alternative...
Liquidated damages could undo a settlement agreement
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
By Frank P. Angel, Cooper Kass
Short-term rentals expand overnight stay opportunities for coastal visitors, but have sparked complaints from locals about inc...
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?
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?
By Walter C. Pfeffer
California’s new statutes on restrictive covenants create thorny issues for employers trying to determine who is actually cove...
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
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
Attorneys tasked with supervising “non-human, non-lawyer” assistant
By Anita Taff-Rice
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
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 ...
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
Pro Bono work, not an alternative to the bar exam, improves access to justice
By Kris Whitten
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
State Bar’s proposed alternative to taking the bar exam has much support
By Claire M. Solot
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 ...