Law Practice, Appellate Practice
Newly Discovered Evidence on Appeal: The Writ of Error Coram Vobis
By David M. Axelrad
Suppose you represent a defendant at trial. The jury returns a verdict for the plaintiff, the trial court denies your motion f...
Can a taking within the meaning of either state or federal constitution be accomplished by animals? Strange question, you say....
Law Practice
Top 5 things to remember for your next restraining order hearing
By Timothy M. Weiner
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?
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
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
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...
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
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...
Because many companies are waiting longer to go public, it is becoming increasingly common to conduct a private bridge financi...
Administrative/Regulatory
Let’s stop food companies from dosing Californians with lead
By Vineet Dubey
Californians often take for granted that our consumer protections are muscular and new chemical dangers are addressed with an ...
Letters, Law Practice
Winning cases isn’t the same as solving problems
By Mark B. Baer
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
What sets your law firm apart from other plaintiffs’ firms?
By Louie H. Castoria
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
By Peter R. Boutin, Sarah Malik
While generally considered “strangers” to litigation, nonparties often play a significant role in discovery. In this two-part ...
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'
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
By Reza Torkzadeh, Allen P. Wilkinson
From public service to big business
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
By Katie Hurrelbrink
If the 9th Circuit is serious about protecting detained defendants, it must be willing to let courts dismiss with prejudice or...
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
The supply chain risk conundrum: Rethinking the network and its risks
By Michael A. Gold
Current information security and risk mitigation approaches are ineffective. This is nowhere more apparent than in critical su...
The U.S. Supreme Court’s ruling striking down the Occupational Safety and Health Administration’s vaccine rules is an ominous ...
Legal Education
Considerations for upcoming panel on Hastings’ name change
By Kris Whitten
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?
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
As ruling looms, FCC should act fast on net neutrality
By Anita Taff-Rice
When former Federal Communications Commission Chairman Ajit Pai left the agency, there was hope that government regulators mig...
Letters, Government, Constitutional Law
Blame it on politics, not the existence of the filibuster
By Michael E. Wooten
Regarding Neil Auwarter’s January 7 guest column, “Of filibusters and festive bachelors: The dark purpose of the Senate’s mino...
Letters, Law Practice
To improve ability to ‘read rightly,’ focus on inconsistencies, not demeanor
By Mark B. Baer
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
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
How President Trump reminded us of the value of a legal education
By Kevin R. Johnson
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
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...
Many attorneys view appellate lawyers like me as scholarly nerds, parsing ancient cases for tidbits of dicta that support a no...