International Law, ESG, Banking
Bribery and corruption enforcement and ESG are increasingly intertwined
By Stephanie Yonekura, Melissa Giangrande
As recent prosecutions led by the SEC and DOJ have shown, enforcement agencies are expanding their definition of corporate cri...
If attorneys want to be taken seriously by clients, principals, and witnesses, and want to exude the type of credibility that ...
Entertainment & Sports
Where's My Roy Cohn? (2019), and Bully. Coward. Victim. The Story of Roy Cohn (2020)
By Michael Asimow, Paul Bergman
Cohn’s disgraceful legal career is well chronicled in both documentaries. He was a master manipulator of the press and scorned...
If in writing we kept the interests of our judicial audience in mind we would never submit the briefs and motions lawyers are ...
Criminal, Civil Litigation
Complying with the SOL in a post “revival window” world
By Brian S. Kabateck, Gary Partamian
Each sex abuse claim analysis will be on a case-by-case basis, but it is important to know when or if the statute of limitatio...
The unique insurance option protecting college players off the field.
U.S. Supreme Court, Torts/Personal Injury
Knowledge and recklessness to be put to the test - again
By John H. Minan
Fox maintains it is protected by fair reporting principles and that the statements of opinion are not legally defamatory.
Environmental & Energy, Administrative/Regulatory
Large diesel generators aren’t plug-and-play devices for underpowered indoor cannabis facilities
By Brian Case
Those responsible for short-circuiting the local air district’s permit process and firing up the generators are subject to fin...
Torts/Personal Injury, Health Care & Hospital Law
Neuroendocrine dysfunction: a path to demonstrating traumatic brain injury
By Molly M. McKibben
It is not uncommon for someone who has suffered a mild traumatic brain injury to have a “normal” CT scan or even MRI after the...
Torts/Personal Injury, Ediscovery
The importance of early investigations in negligence cases
By Justin J. Effres
Even seemingly ordinary negligence cases should be investigated immediately or referred to counsel with the experience, time, ...
Litigation & Arbitration, Contracts
Delegating unconscionability to the arbitrator
By Gary A. Watt, Patrick Burns
A recent decision serves as a reminder to litigants about the potential impact of specific language in arbitration clauses, an...
State Bar & Bar Associations
General consensus of State Bar’s Blue Ribbon Commission ignored
By Ryan M. Harrison Sr.
My participation in Blue Ribbon Commission meetings has given me the general impression that most of the members of the BRC ar...
Courts tend to rule against Bad Guys just because they are Bad Guys. But at the same time don't our courts go out of their way...
Government
The race for district attorney: where things stand one year out
By James R. Bozajian
With the filing period rapidly approaching, a large crop of potential candidates is already mustering to enter the fray.
Challenging the deponent: You want a deponent to loosen up, like or trust you, and talk freely, even beyond the scope of your ...
Torts/Personal Injury
Wheelstop trip-and-fall: a different type of case
By Michael Shemtoub
Interestingly, the engineering community advises against wheelstops because on several occasions they fail to serve a function...
Letters
Re: Criminal charges against Girardi are nothing more than a paper tiger
By Michael E. Rubinstein
Consumer Law, Civil Litigation, Bankruptcy
Johnson & Johnson’s Texas two-step fail
By Catherine E. Bauer
This was always about J&J wanting litigation advantage. This was about protecting J&J‘s brand. This was about stopping...
Civil Litigation, 9th U.S. Circuit Court of Appeals
The Ninth Circuit recently undercut defenses against ADA “serial plaintiffs”
By Bob Blum
A serial litigant’s intent to return may not be rejected “simply because” he is a serial litigant who brings numerous ADA cases.
The IRS said that given the complicated fact-specific nature of evaluating these payments for federal tax purposes, it was rul...
Education Law, Criminal
Creating a prison to university pipeline
By Keramet Reiter, Katie Tinto
Not only does education dramatically reduce recidivism, but it is significantly cheaper than incarceration.
Tax, Real Estate/Development, Government
City of LA mansion tax faces serious equal protection scrutiny
By Jeffrey Dintzer, Matt Hedstrom
A recent lawsuit asserts that the tax fails to provide any rational basis for differing treatment of different “classes” under...
Judges and Judiciary, Ethics/Professional Responsibility
Biased judges can undermine justice
By Arash Homampour
When a judge’s unconscious or implicit biases affect decisions and actions in court, they can compromise the fair and impartia...
Frequency analysis gives the mediator a variety of ways to tweak the numbers to suggest to the parties that their gut estimate...
Briefs within the current California limits – 14,000 words for principal briefs and 28,000 words for combined briefs in a cros...
A review of ethical issues that can put your fees at risk.
Sometimes, the potential clash between new Legislature-enacted laws and prior voter initiatives is obvious, and the Legislatur...
Not surprisingly, conservatives challenging Biden administration policies choose to file in a division where there is just one...
Real Estate/Development, Land Use
Receiverships are a viable remedy to community eyesores
By Ryan Griffith
Health and safety receiverships are a legal remedy to repair major nuisance properties and increase affordable housing.