U.S. Supreme Court, Constitutional Law
Confiscating equity through foreclosure?
By Michael M. Berger
The U.S. Supreme Court will soon decide whether states that foreclose and take equity beyond delinquent taxes violate the Fift...
Legal Education, Law Practice
A first-year attorney’s survival guide
By Sheri R. Lalehzarian
Lessons learned while weathering the pandemic in law school.
California Supreme Court
Why is there a California Supreme Court Historical Society?
By Daniel M. Kolkey
The persuasive attorney and wise jurist recognize that the historical underpinnings of a law, decision, or custom is critical ...
Torts/Personal Injury, Entertainment & Sports
Alec Baldwin’s closing statement
By Louis J. Shapiro
Ms. Gutierrez-Reed maintains that she doesn’t know how the weapon had live rounds in it and that she is not to blame for the d...
Letters
The blood, sweat and culture of being a lawyer of a televised trial
By Steven E. Feldman
David Terry, newly elected to the Supreme Court and also a Committee opponent, was present. Terry drew his Bowie knife – which...
The notion that the free expression of religion of a student group like Fellowship of Christian Athletes may threaten others i...
Some partners will be de-equitized, while others will be gently nudged out. We are already seeing an increase in “stealth layo...
Real Estate/Development, Contracts
Letters of intent for commercial leases - lessons learned from the Amazon case
By Jo Ann Woodsum
Non-breaching parties to a letter of intent may have a claim for costs incurred in reliance on that promise if that promise is...
Judges and Judiciary, Government
California’s federal bench vacancies have tapered, but there are more seats to fill
By Dianne Feinstein, Alex Padilla
Of the 26 recent vacancies on the federal courts in California, only 11 remain – with nominees pending confirmation in the Sen...
Tax, Ethics/Professional Responsibility
Can the IRS summons your bank statements without providing notice?
By Stephen J. Turanchik
The U.S. Supreme Court has agreed to decide whether the IRS may issue a summons seeking an innocent party’s records without pr...
Litigation & Arbitration, Civil Litigation
Third inning: liability, damages, collectability
By Joseph M. Barrett
Perspectives can change after a lawyer accepts a case, no matter how black-and-white the case seems initially. Thorough invest...
It again is five conservative justices advancing the conservative agenda, here with regard to immigration, in violation of cle...
Why hack corporate databases to get personal data? Just read the person’s brainwaves instead.
The only practical solution is for Congress to promptly act to increase the debt ceiling, which it recently did with bipartisa...
Litigation & Arbitration
To stay or not to stay – the arbitration jurisdictional split is on the docket
By Elizabeth M. Pipkin, Christopher Rosario
Coinbase sides with the majority view, lamenting in its petition that it has been forced to answer two complaints that seek to...
Law Practice, Ethics/Professional Responsibility, Appellate Practice
Disclosure statements: a closer look at the identity of real plaintiffs
By Irfan A. Lateef, Arash Pia
These disclosures promote compliance with rules of professional conduct, which require the client, and not an unnamed entity b...
Torts/Personal Injury, Labor/Employment
Tort suits for union strikes?
By Richard G. McCracken
Several members of the Supreme Court examined Assistant Solicitor General Vivek Suri about whether “intentional destruction” w...
Torts/Personal Injury, Government
Jaywalking is now legal, but Californians still need to be cautious
By Logan Quirk
Supporters have heralded the law change as a victory for pedestrians, and for people living in low-income communities of color...
The IRS automatically provides filing and penalty relief to any taxpayer with an IRS address of record located in a disaster a...
Government, Consumer Law
Street vending legitimized under state’s retail food code
By Czarmaine Majan
In 2018, sidewalk food vending was first decriminalized through Senate Bill 946. After that, however, local authorities could ...
Labor/Employment, Government
Extraordinary legislation sows new unionization standards for agricultural laborers
By Vanessa C. Krumbein, Rana Ayazi
There is evidence of a huge push for unionized workplaces affecting all industries in California, including farmworkers. In re...
Writing clearly requires getting out of your shell as a writer, and thinking about your reader.
Letters
“Simple fix” to replacing certified shorthand reporters is pound foolish
By Mary E. Pierce
A live court reporter makes a record in realtime and typically has one or two backups to that record. This is a tested practic...
Wills, Estates & Trusts, Real Estate/Development
Exempt fiduciary sellers and their duty to disclose
By Teresa Gorman
If an Exempt Seller has a Death Certificate in their possession which indicates there was a death on the property and they res...
Entertainment & Sports
Stream it Tonight! 12 Angry Men (1957)
By Paul Bergman, Michael Asimow
A value of movies like 12 Angry Men may be to remind us that jury trials are a central aspect of American justice.
Court values real estate over reform
By Michael J. Aguirre
Values expressed in 1974 Political Reform Act forgotten in 2022
Law Practice, Appellate Practice
Trial tips for a winning closing argument
By Dan L. Stanford
I am constantly surprised how many defense lawyers fail to go through the verdict form in their one shot at closing argument. ...
Litigation & Arbitration
Arbitration agreements should be read as drafted
By Ronald L. Zambrano
A fundamental principle of contract law is that contracts are read in favor of the party that did not draft the agreement. Giv...