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Criminal, Constitutional Law

When you win and you don’t

MCLE
Feb. 22, 2022
By Michael J. Raphael

A few weeks ago in the California Court of Appeal, Arthur Lange tried to get the benefit of the exclusionary rule. As defendan...


Law Practice, Appellate Practice

A Story Goes to Court: Part III

Feb. 22, 2022
By Myron Moskovitz

My last two columns explored how a story changes as it moves from the initial client interview through our litigation system.


Government, Administrative/Regulatory

FCA enforcement, one year into the Biden administration

Feb. 22, 2022
By Jim Zelenay Jr., Nick Hanna

Roughly one year into the Biden administration, both FCA legislative and litigation activity continue the upward trajectory of...


Civil Litigation

In a federal lawsuit in Massachusetts, Mexico is trying to hold the gun manufacturers and wholesalers accountable, alleging th...


Government, Civil Litigation, California Courts of Appeal

The court weighs several issues including the application of Proposition 218 to late charges, the Government Claims Act, and t...


Tax, Law Practice

IRS Form 1099 and lawyers: What, me worry?

Feb. 18, 2022
By Robert W. Wood

Lawyers receive and send more Forms 1099 than most people, in part due to tax laws that single them out.


Labor/Employment

#MeToo arbitration bill heads to President Biden’s desk for signature

Feb. 18, 2022
By Emily Burkhardt Vicente, Karen Evans

Last week, Congress voted to end employers’ ability to require employees to arbitrate claims for sexual harassment or sexual a...


Tax, Law Practice

New way to write off legal fees on your taxes

Feb. 17, 2022
By Robert W. Wood

Fortunately, the mechanics of deducting legal fees in employment, whistleblower and civil rights cases have been improved, at ...


Law Practice

Tools for successful witness examinations

Feb. 17, 2022
By Norman P. Tarle

It is not the testimony that a witness spews into the ether that’s important — it’s the testimony that the trier of fact hears...


Family, California Courts of Appeal

If it’s not in writing, does it exist?

Feb. 17, 2022
By Denise E. Chambliss, Ariel G. Siner

A recent appellate ruling revisits a real property issue and a jurisdiction issue both incorrectly decided in a civil law proc...


Technology, Data Privacy, Civil Litigation

Any legislation creating a federal privacy statute should include requirements that defendants must automatically disclose all...


Legal Education

What do former Alaska Gov. Sarah Palin and UC Hastings College of the Law have in common? Not much, except the fact that the N...


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

Some courts have been unreceptive to finding coverage for “spoofing” because an insured’s acting on or treating as genuine a f...


U.S. Supreme Court, Government, Constitutional Law

Ruling on Alabama voting map sets terrible precedent

Feb. 15, 2022
By Erwin Chemerinsky

The U.S. Supreme Court’s ruling from last week is wrong on the law and sets a dangerous precedent that will make it much harde...


U.S. Supreme Court, Land Use, Constitutional Law

This is the story of a California couple caught in the cross-hairs of environmental bureaucracy bent on revenge for the crime ...


Family

DVRO hearings vs. Fifth Amendment

MCLE
Feb. 15, 2022
By Scott J. Nord

All litigants must have their day in court through a full and fair hearing. To ensure justice is done, each party should be af...


Securities, Government, Corporate, Administrative/Regulatory

New SEC standards may fuel climate-related securities suits

Feb. 14, 2022
By Virginia F. Milstead, Sophie Mancall-Bitel

The U.S. Securities and Exchange Commission may soon require companies to disclose climate-related risks and opportunities — w...


Labor/Employment, Covid Columns

COVID paid sick leave: same bandage, different injury

Feb. 14, 2022
By Ronald L. Zambrano

When California lawmakers passed legislation on February 7 to provide workers with a new round of COVID-19 supplemental paid s...


Torts/Personal Injury, Civil Litigation, California Courts of Appeal

A tale of two pedestrians

Feb. 14, 2022
By Michael E. Rubinstein

Two Los Angeles pedestrians, in different areas of the city, are confronted with a homeless encampment blocking their way. The...


Tax

Tax return due date, April 15 or October 15?

Feb. 14, 2022
By Robert W. Wood

We’ve had two pretty strange years, but like most of the rest of us, the IRS is trying to get back to normal. When it comes to...


Labor/Employment, Covid Columns

With the Omicron variant moving through California workplaces at an alarming rate, employers have been scrambling to keep full...


Legal Education

We certainly need healing, but wouldn’t it be prudent to wait until all the evidence is presented and reviewed before publicly...


Law Practice, Judges and Judiciary, Books

Matt Graham, recently retired from the California Court of Appeal, brings us an unexpected, ribald and raunchy, but soulful an...


Technology, Books

At play in the real and the virtual

Feb. 10, 2022
By Richard Wirick

We live in a time when greater and greater claims are being made for the world of simulated things. If I find my 17-year-old d...


Civil Litigation, California Courts of Appeal, Appellate Practice, Alternative Dispute Resolution

Disqualifying arbitrators under the California Arbitration Act

MCLE
Feb. 10, 2022
By Gary A. Watt, Patrick Burns

The CAA requires a proposed arbitrator to provide a disclosure statement identifying issues that could raise impartiality ques...


The San Jose City Council recently enacted two firearm ordinances that impose significant new obligations on San Jose’s roughl...


Law Practice, Ethics/Professional Responsibility

Balancing ethical obligations with law firm loyalty

Feb. 9, 2022
By Dan L. Stanford

Suppose you are a junior associate in a large law firm, serving as “second chair” on a complex litigation case or transactiona...


State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

Public protection and the State Bar of California

Feb. 9, 2022
By Antonio R. Sarabia II

As the mess surrounding the fall of infamous plaintiffs’ attorney Thomas V. Girardi has unfolded, we have learned more about t...


Law Practice

It appears that at least in part, an increasing number of Americans are shifting away from a live-to-work mindset toward the w...


Construction, Civil Litigation, California Courts of Appeal

Fights between owners and contractors under Business and Professions Code Section 7031 can get nasty and detailed. An owner’s ...