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Law Practice, Appellate Practice

Suppose you represent a defendant at trial. The jury returns a verdict for the plaintiff, the trial court denies your motion f...


Constitutional Law

Constitutional takings by animals?

Jan. 25, 2022
By Michael M. Berger

Can a taking within the meaning of either state or federal constitution be accomplished by animals? Strange question, you say....


Law Practice

Every day, people throughout California request restraining orders for various reasons. Whether your next restraining order he...


Criminal

How far is too far in causing suspects to talk before charging?

Jan. 25, 2022
By Dmitry Gorin, Alan Eisner

Law enforcement uses different techniques to cause suspects to make statements before formal charging. A recent appellate deci...


Labor/Employment

New law may change the employment settlement equation

Jan. 24, 2022
By Angela Reddock-Wright

Senate Bill 331, the “Silenced No More Act,” has been added to the equation, and it could change the way parties consider sett...


Law Practice, Judges and Judiciary

6 random observations by a trial judge

Jan. 24, 2022
By Lawrence P. Riff

Unless it’s your first rodeo, there’s a few things trial lawyers should know: Lie the distinction between impeachment and rebu...


Appellate Practice

The Amicus Angle

Jan. 24, 2022
By Susan Yorke

What makes a good amicus brief? And what considerations should the parties’ and amici’s attorneys keep in mind to make sure th...


Law Practice, Civil Litigation

Nonparty Discovery: 20 Commonly Asked Questions, p2

MCLE
Jan. 24, 2022
By Peter R. Boutin, Sarah Malik

In part one of this two-part series, we address the first 10 of 20 questions that arise frequently related to nonparty discove...


Securities, Corporate

A Bridge to IPO

Jan. 24, 2022
By Sara L. Terheggen

Because many companies are waiting longer to go public, it is becoming increasingly common to conduct a private bridge financi...


Administrative/Regulatory

Californians often take for granted that our consumer protections are muscular and new chemical dangers are addressed with an ...


Letters, Law Practice

If, as James D. Crosby states, “In most cases, a tough call has to be made between right and wrong,” my question is, why it is...


Law Practice

I have spent my 42-year legal career — so far — on the defense side of the civil litigation aisle.* This article is dedicated ...


Law Practice, Civil Litigation

Nonparty Discovery: 20 Commonly Asked Questions, p1

MCLE
Jan. 21, 2022
By Peter R. Boutin, Sarah Malik

While generally considered “strangers” to litigation, nonparties often play a significant role in discovery. In this two-part ...


Criminal

Just this past week, jails throughout California have literally been shut down because of outbreaks of Omicron. When jails shu...


Law Practice, Entertainment & Sports

Stream It Tonight! 'Beyond a Reasonable Doubt'

Jan. 21, 2022
By Paul Bergman, Michael Asimow

Why? A plan to use an innocent man’s conviction to demonstrate the unfairness of death sentences based on circumstantial evide...


State Bar & Bar Associations, Law Practice, Law Office Management

The Commercialization of the Law

Jan. 20, 2022
By Reza Torkzadeh, Allen P. Wilkinson

From public service to big business


Law Practice, Covid Columns

Never together, yet closer than ever

Jan. 20, 2022
By Anupama Reddy

In October 2021, I walked into my office in downtown San Francisco after 18 months of working from home. What I had learned wa...


Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals

Dismissed, with prejudice

Jan. 20, 2022
By Katie Hurrelbrink

If the 9th Circuit is serious about protecting detained defendants, it must be willing to let courts dismiss with prejudice or...


Tax, Entertainment & Sports

Bruce Springsteen, Boss Tax Lawyer?

Jan. 20, 2022
By Robert W. Wood

It’s no secret that 2021 was a boom year for all sorts of transactions, including the Boss earning over $500 million for the r...


Technology, Data Privacy

Current information security and risk mitigation approaches are ineffective. This is nowhere more apparent than in critical su...


U.S. Supreme Court

Wrong and ominous

Jan. 19, 2022
By Erwin Chemerinsky

The U.S. Supreme Court’s ruling striking down the Occupational Safety and Health Administration’s vaccine rules is an ominous ...


Legal Education

On February 1, the Los Angeles County Bar Association is presenting an online panel discussion titled: “Hastings Name Change: ...


Civil Litigation, California Supreme Court

Are costs for unused trial exhibits recoverable?

Jan. 19, 2022
By Steven H. Kruis

The California Supreme Court recently answered this question in a case involving the following scenario: Plaintiffs sued defen...


Technology, Administrative/Regulatory

When former Federal Communications Commission Chairman Ajit Pai left the agency, there was hope that government regulators mig...


Letters, Government, Constitutional Law

Regarding Neil Auwarter’s January 7 guest column, “Of filibusters and festive bachelors: The dark purpose of the Senate’s mino...


In his January 10 guest column, “Talking to strangers: Lessons for lawyers,” Syed H. Mannan states, “As lawyers, this social s...


CAL/OSHA to employers: New year, new emergency workplace rules

Jan. 18, 2022
By Colin Calvert, Sarah G. Bennett

The California Division of Occupational Safety and Health has voted to adopt a new set of COVID-19 emergency temporary standar...


Legal Education

With the election of Donald Trump, law school deans experienced something extraordinary that goes to the very core of the miss...


Criminal, Appellate Practice

Criminal appeals in California: The nuts and bolts

MCLE
Jan. 18, 2022
By David J. Cohen

A conviction need not be the end of the road for a criminal defendant. Here is a quick primer on the fundamentals of preparing...


Law Practice, Appellate Practice

A Story Goes to Court: Part I

Jan. 18, 2022
By Myron Moskovitz

Many attorneys view appellate lawyers like me as scholarly nerds, parsing ancient cases for tidbits of dicta that support a no...