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Labor/Employment, Alternative Dispute Resolution

Diagnosing and resolving conflict in the workplace

Sep. 22, 2022
By Ilona M. Turner

Fortunately, there are tools that employment lawyers can use to help their clients diagnose and address conflict in the workpl...


Civil Litigation, Administrative/Regulatory

Although it may take some time to fully implement and require adjustment by the various stakeholders, this system is sure to b...


Civil Litigation, Administrative/Regulatory

Lawyers may be concerned about the impact this change will have on already heavily congested judicial calendars. The court, ho...


Civil Litigation, Administrative/Regulatory

The plan will allow for a return of Civil courtrooms to our different local communities around our vast county – as was the sy...


Letters, Constitutional Law

When a public school even inadvertently forces a student to choose between their family's beliefs, religious or otherwise, and...


Law Practice

While it generally takes a few years for law firms to trust junior associates with taking depositions or drafting briefs for t...


Alternative Dispute Resolution

The importance of trust building in mediation

Sep. 21, 2022
By Robert M. Cohen

Though the concept of trust is amorphous, successful mediators recognize that trust is vital to the process.


Legal Education

Newsom signs bill, killing State Bar paraprofessional program

Sep. 20, 2022
By Nancy Drabble, Saveena Takhar

The bill was passed as an urgency measure so it goes into effect immediately. This guarantees that the bar cannot precipitousl...


Family, Criminal

A protective order should only be renewed “if, and only if, it finds by a preponderance of the evidence that the protected par...


Government

The Coming SCOTUS Fight Over the Voting Rights Act

Sep. 20, 2022
By Michael Li, Sonali Seth

Courts have never held that the Fourteenth Amendment bars any consideration of race in map drawing. The only constitutional li...


Technology, Civil Rights

Since the law imposes content- and viewpoint-neutral disclosures and does not require or prohibit platforms from engaging in t...


Entertainment & Sports, Civil Rights

In the 70s, seeds previously sown took sprout and grew ultimately into a uniquely successful civil rights movement, with such ...


Insurance, Civil Litigation

The sudden emergency defense and the La Brea crash

Sep. 19, 2022
By Michael E. Rubinstein

If the evidence supports a conclusion that this crash was intentional – as prosecutors claim – victims of the crash may find ...


Government, Civil Rights

Coercing Religion – Part Two

Sep. 19, 2022
By Myron Moskovitz

All of the Justices in the majority in both Town of Greece and Kennedy were Christian. As life-long adherents of Americ...


Government, Constitutional Law

Constitutionality of Proposition 30 is questionable

Sep. 19, 2022
By Matthew C. Alvarez

While most initiatives contain a single subject by focusing on one policy area, some initiatives are so far-reaching that they...


Law Practice, Appellate Practice

Every potential appeal should be evaluated before filing, for both substance and motive, by an attorney knowledgeable about th...


Labor/Employment, Constitutional Law

The pending Ninth Circuit panel hearing, when coupled with the current state of arbitration agreements following Viking River ...


Legal Education, Law Practice, Appellate Practice

Beyond the paper chase

Sep. 16, 2022
By Michael L. Stern

Contemporary law students seek a legal education that fulfills an expanding range of client needs, promotes access to justice ...


Alternative Dispute Resolution

ADR and this years’ most impactful decisions

MCLE
Sep. 16, 2022
By Paul Dubow

Had the Court adopted Orrick’s position, international arbitration in the United States would have been problematical, given t...


Entertainment & Sports

Stream it Tonight! Paths of Glory (1957)

Sep. 16, 2022
By Michael Asimow, Paul Bergman

More than six decades after it was made, Paths of Glory reflects contemporary concerns about command influence in military jus...


Tax

Don’t settle with the FTB – yet

Sep. 16, 2022
By Bruce Givner, Owen Kaye

The results of a bad IRS audit binds the taxpayer for state tax purposes. However, in some situations the IRS accepts a return...


Government, Banking

Crypto turf battles await legislative resolution

Sep. 15, 2022
By Benny Osorio

Just as the SEC has been wrangling securities rough riders, the CFTC has been actively rounding up commodities violators.


Tax, Government

IRS audit worries grow

Sep. 15, 2022
By Robert W. Wood

Tax advisors are not supposed to play audit lottery or to base their substantive tax advice on statistics that show that most ...


Law Practice, Appellate Practice

Expert depositions in preparation for trial

Sep. 15, 2022
By Dan L. Stanford

Assuming you determine you cannot exclude an expert’s testimony, your next effort can be to attempt to weaken the foundation o...


Labor/Employment

When union reps said pro-union workers hadn’t received ballots in the mail, NLRB employees prepared duplicate ballots while ar...


Criminal

English common law still reigns supreme

MCLE
Sep. 14, 2022
By Alexander Rufus-Isaacs

With any case of first impression, where California statutes are silent on a subject and there is no other positive law, the E...


Letters

Myron Moskovitz's September 6 piece Coercing Religion - Part One reignited a flame in me that I expressed back in a 2010 Daily...


Judges and Judiciary

Superior Court summer extern program: an evaluation

Sep. 14, 2022
By Richard L. Fruin

The extern experience is intended to introduce law students to the expectations of judges and, more broadly, to the practice o...


Torts/Personal Injury

A tactic widely perceived as mostly fraudulent by the profession is being used by defense counsel in torts claims. If successf...


Real Estate/Development, Government

Closing a habitability exclusion loophole

Sep. 13, 2022
By Stephen L. Raucher

The 24th & Hoffman court was unpersuaded by either Saarman or Conway, declining to follow those non-binding cases.