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Government, Judges and Judiciary

A fair and impartial judiciary is a cornerstone of our democracy. Yet, throughout our state, keeping the courts free from the ...


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

A recent 9th Circuit decision aptly illustrates the uncertain future of California’s anti-SLAPP statute in federal cases.



Immigration, Government, Entertainment & Sports, Constitutional Law

Undoubtedly, California will cite the case to shield against the United States’ lawsuit challenging the state’s sanctuary citi...


In the excitement over the Golden State Killer, we shouldn't lose sight of the urgent need for legal rules to govern access to...



U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court

Napoleon is probably not the one to lead a Ted talk about how to win a land war in Europe, but should the approach be any diff...


U.S. Supreme Court, Civil Litigation, Labor/Employment

A decision by the Supreme Court to allow employers to deprive employees of their statutory rights to take concerted action wil...



Education Law, Constitutional Law

The Founding Fathers could not possibly have anticipated bullying in cyberspace. But they did appreciate, and protected, the r...


U.S. Supreme Court, Government, Entertainment & Sports, Constitutional Law

Any day now, the U.S. Supreme Court will announce its long-awaited decision in a challenge to the Professional and Amateur Spo...



Law Practice, Judges and Judiciary

Still not my vote

May 7, 2018

We in the judiciary and the legal professions must inform the public how an independent judiciary is vital to our democracy.


This article seeks to address the general mechanics of the debtor's ability to "cram-down" undersecured liens in a Chapter 11 ...



Law Practice, Civil Litigation

In truth, the electronic process is not that different from the paper process these lawyers may be accustomed to, and may even...


Law Practice, Civil Litigation

A recently issued protocol has gone relatively unnoticed, but litigators should add the ISO’s suggested practices to their tec...



These programs are helping create a generation of “social justice solos” while diversifying the legal profession.


U.S. Supreme Court, Judges and Judiciary, Government, Constitutional Law

We are fortunate that most people have forgotten that Article III judges were unceremoniously removed from office and that the...



Judges and Judiciary, California Supreme Court, Civil Rights

We all have a stake in language access in California courts — the legitimacy and viability of the legal system in such a diver...


If fighting for your fees is going to trigger a lawsuit you might lose, it's best to settle than fight for a full recovery.



Mergers & Acquisitions, Law Practice

Without adequate foresight, a client may find that control of the privilege is now in the hands of the successor corporation.


Civil Litigation, Intellectual Property

Until a recent Federal Circuit ruling, the practical application of these duties and burdens in litigation was hotly disputed,...



Civil Litigation, Law Practice, Appellate Practice

Navigating Appeals

Apr. 16, 2018

Set sail on a voyage through the California Rules of Court for civil appeals. The booty: MCLE credit.


State Bar & Bar Associations, Law Practice

Proposed revisions to the Rules of Court would modify the rules for attorneys in conservatorship proceedings.



U.S. Supreme Court, Criminal, Constitutional Law

A duty to de-escalate

Apr. 12, 2018

It’s time for a new standard: Police should be legally required to de-escalate or use alternatives to deadly force whenever po...


Health Care & Hospital Law, Government

Lawsuits should not be the first recourse to sound mental health policy and effective programs.



Civil Litigation, Government, Administrative/Regulatory

The commission was so preoccupied with whether or not it could regulate short-term rentals, it didn't stop to think if it should.


International Law, Government, Constitutional Law, Administrative/Regulatory

On March 23, President Donald Trump signed a law that could undo the very protections for privacy and autonomy that American c...



Letters, Judges and Judiciary, Government

When any of us fail to “take actions that place the good of society above self-interest,” the public perception of the integri...


Law Practice, Judges and Judiciary

Crayfish to judges

Apr. 2, 2018

Note to valued readers: What appears in the following column is not an April Fools' joke. Please observe that the publication ...



Letters, Law Practice, Judges and Judiciary, Government

As Justice Anthony Kline reminds us, certain developments in recent years have threatened to make it more difficult for courts...


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

If courts allow companies to use the Computer Fraud and Abuse Act to block automated access by competitors, it will threaten o...



Law Practice

The widening gap between how the law is expected to be (and generally is) practiced, and certain events transpiring in our pol...


Judges and Judiciary, Government, Criminal

During Monday’s State of the Judiciary address, Chief Justice Tani G. Cantil-Sakauye once again called on California lawmakers...