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Family, Contracts

Waiving spousal support in a premarital agreement

Aug. 14, 2023
By Franklin R. Garfield

Last v. The Superior Court of Orange County offers little solace to a party attempting to enforce a spousal support wai...


Government

It’s not hyperbole to question whether LA’s public defenders will be able to meet their obligations in the coming months witho...


Government, Environmental & Energy, Construction

GODOT arrives: CEQA reform at last?

Aug. 11, 2023
By Jeffrey P. Carlin, Megan E. Ault

Though years-long in the making, reforms to expedite judicial review of certain infrastructure projects has finally arrived.


U.S. Supreme Court

SCOTUS ushers in a new era of segregation

Aug. 11, 2023
By William W. Bruzzo

Despite 245 years of slavery and 100 years of Jim Crow -- which ended officially in 1964 -- as well as institutional bias agai...


Criminal

One pill can kill but jury must decide if it's murder

Aug. 11, 2023
By Terrence M. Jones

The challenge for the Riverside prosecutors will be whether they can convince a jury of the defendant’s intent to kill – that ...


Donald Trump has not been indicted for lying or falsely claiming the election was stolen. The indictment alleges that he “purs...


Law Practice, Appellate Practice

Being a trial attorney does not mean you are in some exclusive club reserved only for certain persons who possess or, better, ...


Judges and Judiciary, Government

With the impending trials of former president Donald Trump, the legitimacy of our legal institutions balances on a knife’s edg...


Health Care & Hospital Law, Civil Rights

Lacks’ cells were harvested in 1951, when it was not illegal to do so without a patient’s consent. However, lawyers for Lacks’...


Law Practice, Constitutional Law

Constitutional issues can be thorny given the importance of constitutional rights. The lesson here though is simple: Always, a...


Torts/Personal Injury, Government, 9th U.S. Circuit Court of Appeals

Federal circuits have come up with a variety of interpretations of the state-created danger doctrine, but the Ninth Circuit re...


The stark contrast between the world of influencers and traditional Hollywood lies in their varying content creation and monet...


U.S. Supreme Court, Intellectual Property

On its face, the petition for certiorari with the United States Supreme Court in Nealy v. Warner Chappell Music ...


Technology, Judges and Judiciary

An emotional commitment and shared aspiration is central to the law. That is something that AI cannot replace.


Alternative Dispute Resolution

The value of an appellate perspective in mediation

Aug. 9, 2023
By Cynthia G. Aaron

Post-judgment mediations are more common than most attorneys might guess, given that one party has a victory in hand; they are...


Government, Constitutional Law

Moore v. Harper will exonerate Trump

Aug. 9, 2023
By Richard A. Nixon

Mr. Trump was simply following advice given to him by his attorneys. He was following their advice and the text of his positio...


Law Practice, Appellate Practice

Is the “truth” revealed in an appellate court decision always applied retroactively? No. Courts refuse to apply decisions retr...


Civil Rights, 9th U.S. Circuit Court of Appeals

Judges, like most of us, like to clear out cases that are time-consuming and aren't going anywhere. In Jones, the distr...


Insurance, Contracts, Civil Procedure

Insurance bad faith litigation: Pre-suit and time-limited demands

MCLE
Aug. 8, 2023
By Reza Torkzadeh, Allen P. Wilkinson

On Jan. 1, 2023, Code of Civil Procedure (CCP) sections 999 - 999.5 took effect for all pre-suit and pre-arbitration time-limi...


Military Law, Government, Civil Litigation

Feres Doctrine's day off

Aug. 8, 2023
By Eileen C. Moore

The federal government paid almost $1 million to settle a military sexual assault lawsuit even though it is immune from being ...


Law Practice, Immigration

Solo practice for the virtual immigration lawyer

Aug. 8, 2023
By Paola I. Neri-Michel

What makes virtual law practice so appealing is its efficiency. You are more productive when you can manage your law practice ...


Labor/Employment, Civil Rights

During the early 1900s, sporadic violence had erupted between west coast shipping companies and longshoremen, but the companie...


Paul Kiesel and Jeffrey Koncius of Kiesel Law LLP discover that generative artificial intelligence responds better to polite r...


Sylvia White-Irby oversees a 47-member team whose primary purpose is to make sure that the judicial and executive officers at ...


Guide to Legal Writing

Column composed by a Human

Aug. 7, 2023
By Arthur Gilbert

Make the brief short, even though it takes a longer time to write. Use Ockham’s razor and cut, cut, and then cut some more. If...


Labor/Employment

The Freelance Worker Protections Ordinance went into effect a little over a month ago. Businesses should pay the Ordinance the...


Labor/Employment

The Strike! Part 4: At the bargaining table

Aug. 7, 2023
By Myron Moskovitz

It was now almost 4 a.m. the next morning! If we didn’t come to an agreement by 5 a.m. at the latest, no workers would appear ...


Family

Culturally, annulment is an action to make right a societal wrong. A spouse may start it, the government, or any affected part...


Technology, Corporate, Administrative/Regulatory

Historically companies have underestimated the magnitude of cybersecurity risks. It’s not just ‘another risk variable’; it’s a...


U.S. Supreme Court

Long lines, heavy rocks – and sausages

Aug. 4, 2023
By Mitchell Keiter

From crime to climate change to COVID, the U.S. Supreme Court is rejecting the view that the public must defer to expert weigh...