Labor/Employment, Alternative Dispute Resolution
What does it mean to apologize in employment mediations?
By Jonathan Andrews
“Apology, forgiveness and reconciliation” is a powerful concept in dispute resolution; however, it is rarely explored in emplo...
Government, Criminal
They were elected to enforce laws, not write them
By Eugene M. Hyman
The people elected legislators to write their laws; they elected members of the executive branch to enforce them. They’re welc...
Labor/Employment, Government, Criminal
State misses deadline for peace officer bias screening rules
By Geoffrey S. Sheldon, Paul D. Knothe
Effective January 1, 2021, Assembly Bill 846 amended California Government Code Section 1031 to require that candidates for jo...
Law Practice, Alternative Dispute Resolution
Handling the hot potato of ‘manifest disregard of the law’
By Fred Bennett
It seems to have first shown its face in 1953 and, as the great poet said, “not with a bang, but a whimper” — a federal appeal...
International Law, Government, Civil Litigation
An iron river of guns: Mexico versus the US gun industry
By William Slomanson
The gun cultures in the U.S. and Mexico could not be more different. U.S. citizens enjoy a robust constitutional right to gun ...
Military Law, Labor/Employment, Criminal
Addressing sexual harassment in the United States Military
By Eileen C. Moore
What led up to recent executive order making sexual harassment an offense under the Uniform Code of Military Justice?
Law Practice, Ethics/Professional Responsibility
Remember ethical obligations when talking to the media
By Shari L. Klevens, Alanna G. Clair
Almost immediately after the filing of a new complaint or a decision on a dispositive motion, attorneys may receive a call fro...
Probate, Law Practice, Family
AB 1194: California’s new conservatorship legislation
By Catherine M. Swafford
This new legislation is meant to address conservatorship abuse — but some believe it goes too far, while others believe it doe...
Law Practice, Entertainment & Sports
Stream It Tonight! ‘Adam’s Rib’ (1949)
By Paul Bergman, Michael Asimow
Why watch? A dramedy makes a powerful argument for gender equality two decades before the “Women’s Liberation” movement.
Law Practice, Government
How Baja California remained part of Mexico
By John S. Caragozian
When the Mexican-American War’s military battles ended, the U.S. wanted to annex all of California, including Baja, but the ev...
As the California Supreme Court has made clear, an insurer cannot reasonably and in good faith deny payments to its insured wi...
Intellectual Property, Entertainment & Sports, Civil Litigation
Copyright protection for public performances of pre-1972 music
By Dariush Adli
A 9th Circuit decision has renewed focus on copyright protection for public performances of pre-1972 sound recordings.
This month we'll delve a little deeper and reiterate the theme that lawyers really do get to boldly go.
Consumer Law
Bad news for bail bonds: Companies subject to cosigner notice requirement
By Christopher J. Willis, Stefanie H. Jackman
A recent California Court of Appeal decision, which may have sweeping effects on the bail bond industry, has held that bail bo...
Government, Constitutional Law
Ruling persuasively rejects Trump’s First Amendment protection claims
By John H. Minan
The fact that Trump lost his motion to dismiss is not the end of the litigation. Appeals are likely. But the 112-page, well-re...
The past year has been active for art law litigation, with cases concerning works by artists ranging from Andy Warhol to Dr. S...
U.S. Supreme Court, Constitutional Law
The regulatory taking conundrum
By Michael M. Berger
In a recent dissent from a denial of certiorari, Justice Clarence Thomas uttered this simple phrase: “If there is no such thin...
State Bar & Bar Associations, Law Practice, Criminal
State Bar of California is not protecting half a million victims
By Antonio R. Sarabia II
It is shocking that victims are not routinely advised of their right to counsel: The accused rapist will be told of his right...
Law Practice, Civil Litigation
The Evidence Slayer: Evidence Code Section 721(b)
By Lawrence P. Riff
When it comes to experts, there is usually little good to come of the more pedestrian modes of impeachment.
Law Practice, Alternative Dispute Resolution
No there there? Avoiding nonobjections in arbitration
By Christopher David Ruiz Cameron
A pet peeve of many arbitrators, including me, is the tendency of some advocates to deal with evidence they don’t like by rais...
Torts/Personal Injury, Civil Litigation, California Supreme Court
MICRA cap covers unsupervised conduct leading to child’s death?
By Benjamin T. Ikuta
A California Supreme Court ruling this week is the perfect example of how unfair and unjust the noneconomic cap on damages is ...
Torts/Personal Injury, Civil Litigation, California Supreme Court
MICRA limitations apply to unsupervised acts
By Andrew J. Chan
On Thursday, the California Supreme Court affirmed that the state’s cap on noneconomic damages under the Medical Injury Compen...
Labor/Employment
Review agreements as ban on some mandatory arbitrations looms
By Emily Patajo
A much-anticipated, bipartisan bill that will change the landscape of arbitration agreements has passed in Congress and is awa...
Criminal
Gascón policies on allegations, enhancements endangers public safety
By Kathleen Cady
Los Angeles County residents are endangered because our elected district attorney has enacted policies that violate the laws o...
Legal Education
Not getting the basics: Hastings name-change debate and the SF school board
By Kris Whitten
At a minimum, any decision on removing the Hastings name from the college should be part of the over-all analysis and decision...
State Bar & Bar Associations, Government, Ethics/Professional Responsibility
Holding democracy violators and the State Bar accountable
By Christine P. Sun, Stephen Bundy
How do we hold attorneys accountable for alleged misconduct that is not a matter of shortchanging clients, but rather an effor...
Intellectual Property, Civil Litigation
Fair use ruling in dispute over use of iOS should be upheld
By Clark D. Asay
As part of its fair use analysis, the district court opined that Corellium’s use was transformative: Its product did not merel...
State Bar & Bar Associations, Law Practice, Judges and Judiciary
The Cost of Process
By Curtis E.A. Karnow
Our civil justice system comes at a very high cost. Most of us lawyers and judges don’t think much about it. It’s the way thin...
Technology, Government, Data Privacy, Civil Litigation
Texas’ lawsuit against Meta over biometric data raises questions
By Kamran Salour
Last week, Texas Attorney General Ken Paxton filed suit against Facebook’s parent company, Meta, based on alleged violations o...
Technology, Intellectual Property
NFTs and meta lawsuits: Boldly go where none have gone before
By Alexandra Darraby
Quentin Tarantino, Lil Yachty, Nike, Hermes and Tom Brady are immersed in the virtual worlds of crypto, blockchains, NFTs and ...