Labor/Employment, Contracts
Unintended consequences of confidentiality clauses
The insertion of a confidentiality clause into a settlement agreement of a personal injury claim, or one for emotional distres...
U.S. Supreme Court, Civil Rights
Alabama is attempting to capitalize on the view that the Fourteenth Amendment’s Equal Protection Clause demands “colorblindnes...
Ediscovery
Mobile messaging and e-discovery
So, just like social media posts and other forms of digital communication, text messages can be used in court as evidence and ...
Government, 9th U.S. Circuit Court of Appeals
Chalking Tires
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
A matter of life or death
SCOTUS should strike down ICWA’s race-based burdens
Law Practice, Appellate Practice
Practice tips for a great opening statement
Don’t start out with or use the phrase, “the evidence will show.” It’s weak.
Litigation & Arbitration, Insurance
COVID-19 business interruption cases
In the vast majority of the insurance policies at issue in these cases, "direct physical loss of or damage to property" is a p...
Health Care & Hospital Law
AB-35 makes historic amendments to MICRA statutes
Defendants should expect the number of medical malpractice cases filed to decrease in 2022 and increase in 2023 once AB-35 tak...
Litigation & Arbitration
Selected issues in malicious prosecution cases
In the words of the California Supreme Court: “The malicious commencement of a civil proceeding is actionable because it harms...
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.
Government
When I became the head of the San Francisco Public Defender’s Office in 2019, as with many city agencies, the department opera...
State Bar & Bar Associations
Attorneys have an obligation to speak up and report when we know that there is unethical and improper conduct by our fellow at...
Labor/Employment
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
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...
Litigation & Arbitration
Until the Legislature amends the statute, employers must be vigilant and timely pay all arbitration invoices
Government, Entertainment & Sports
Protecting the game and the children playing it
Between 1982 and 2013, approximately 800 cases of high-school-level, sport-related deaths were documented in the United States.
Government
Beware of elected officials proposing recall reforms
Automatic replacement doesn’t make recalls any cheaper – elections officials still need to hold the recall special election. I...
Tax, Probate
Subtrust allocation: a primer for litigators
Trust litigation lawyers should not be hesitant to contact the estate planner or tax accountant associated with the estate’s s...
Government
Measure A and sheriff accountability in LA County
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...
U.S. Supreme Court, Banking
Once broadly and robustly applied to statutory interpretation in this country, the rule of lenity has fallen into relative dis...
Labor/Employment
Inclusive and unbiased job postings
Including disabled professionals in our employment efforts is our moral obligation, professional responsibility, and legal obl...
Civil Litigation
Cancer and the law
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
MICRA does not apply to death due to elder abuse
Plaintiff’s attorneys should guard closely against improper attempts by the defense to sweep wrongful death actions based on e...
Law Practice, Appellate Practice
Third-parent claims require careful navigation
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
California’s pork law is on SCOTUS’s chopping block
The case is poised to test whether the Constitution's structure and the separation of powers protect all states' policy choice...