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Government, 9th U.S. Circuit Court of Appeals

Chalking Tires

Nov. 21, 2022

For now, the Circuits are split on this issue, and we will have to wait and see if the Supreme Court will take the time to dra...


U.S. Supreme Court, Native Americans, Family

SCOTUS should strike down ICWA’s race-based burdens



Law Practice, Appellate Practice

Don’t start out with or use the phrase, “the evidence will show.” It’s weak.


Health Care & Hospital Law

Defendants should expect the number of medical malpractice cases filed to decrease in 2022 and increase in 2023 once AB-35 tak...



U.S. Supreme Court, Native Americans

The conflict between the states, such as California, which support ICWA and those who challenge it, presents a stark contrast.


When I became the head of the San Francisco Public Defender’s Office in 2019, as with many city agencies, the department opera...



The most important part of a DEI plan is to do things differently than the organization has done in the past. That especially ...


U.S. Supreme Court, Intellectual Property, Entertainment & Sports

Justice Clarence Thomas' fanhood of Prince aside, the Warhol case will impact a multitude of industries - specifically ...



Entertainment & Sports, Contracts

His legal “loss” should be remembered every season.


Judges and Judiciary

The role of the robed

Nov. 3, 2022

For better or ill, we have an adversary system in our courts and so Judges deal with conflicts every day. And the public is wa...



Until the Legislature amends the statute, employers must be vigilant and timely pay all arbitration invoices


Government, Entertainment & Sports

Between 1982 and 2013, approximately 800 cases of high-school-level, sport-related deaths were documented in the United States.



Automatic replacement doesn’t make recalls any cheaper – elections officials still need to hold the recall special election. I...


Trust litigation lawyers should not be hesitant to contact the estate planner or tax accountant associated with the estate’s s...



L.A. County will not be the first county in the state to take this important step to create a system of local government check...


Securities, Antitrust & Trade Reg.

Financial fraud is becoming a cost of doing business, with no real repercussion other than monetary loss to a defendant that c...



Once broadly and robustly applied to statutory interpretation in this country, the rule of lenity has fallen into relative dis...


Labor/Employment

Including disabled professionals in our employment efforts is our moral obligation, professional responsibility, and legal obl...



Civil Litigation

Cancer and the law

Oct. 24, 2022

Someone with cancer often faces unexpected challenges, and though they might not need a lawyer, they may need to know their ri...


Health Care & Hospital Law, Criminal

Plaintiff’s attorneys should guard closely against improper attempts by the defense to sweep wrongful death actions based on e...



Law Practice, Appellate Practice

In 2013, Gov. Jerry Brown signed into law SB 274, granting California’s family and juvenile courts the discretion to recognize...


Labor/Employment, Judges and Judiciary

The law opens the door for judicial professionals who meet the law’s criteria to step into new and important roles, such as wo...



U.S. Supreme Court, Health Care & Hospital Law

The outcome of this case will have real-world implications on the fate of individual beneficiaries of programs such as Medicai...


U.S. Supreme Court, Constitutional Law

The case is poised to test whether the Constitution's structure and the separation of powers protect all states' policy choice...



My profile did not fit the societal view of someone that would find themselves in a psychiatric hospital. However, there were ...


The law treats parents who do not support gender transition as presumptively unfit.



Government, Ediscovery

Touhy Exposed

Oct. 13, 2022

Pushing back on federal agencies’ attempts to immunize themselves from subpoenas


Law Practice, Appellate Practice

One of the best things I have ever done to establish credibility in jury selection is to memorize all of the names in the pros...



U.S. Supreme Court

Epochal Decisions

Oct. 13, 2022

The U.S. Supreme Court forecasts a devolution of power to the state legislatures as the vehicles of democracy, which assumes t...


Government, Ediscovery

What is new with CPRA?

Oct. 12, 2022

When responding to public records requests public agencies and attorneys alike are forced to address competing fundamental int...