State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
ABA allows passive investment in alternative business structures
By Laura C. Riparbelli
The American Bar Association recently undertook the question of whether a lawyer may passively invest in a law firm with nonla...
Law Practice, Appellate Practice
My Most Memorable Client Part III: The Closing Argument
By Myron Moskovitz
This is the third installment of a 4-part (true) story that began two columns ago.
Law Practice, Appellate Practice
The Effect of Reversal on Appeal
By David M. Axelrad
What happens when a judgment is reversed on appeal and remanded to the trial court? That depends on the appellate court’s “dis...
Labor/Employment, Administrative/Regulatory
Will OSHA’s new COVID regulation reach California employers?
By Peter Brown, Alex Volberding
On Nov. 5, the federal Occupational Safety and Health Administration published a new COVID-19 Emergency Temporary Standard. Th...
Letters, Constitutional Law
Abortion and gun control back to the states
By Richard A. Nixon
Dean Erwin Chemerinsky’s recent column states that what has been missing from the discussion of the new Texas law prohibiting ...
Environmental & Energy
CEQA protects California despite special interests’ ‘Big Lie’
By Roger Lin, Douglas P. Carstens
Unfortunately, in recent months a Big Lie about the California Environmental Quality Act has been popping up around California...
Labor/Employment
Good grief, California! Workers need bereavement leave
By Ronald L. Zambrano
More than 750,000 people in the United States have died from COVID-19, but employees in 49 states — including California — hav...
Intellectual Property, Civil Litigation
Ruling may impact DTSA pleading standards nationwide
By Bambo Obaro, Erin M. Choi
A recent opinion by the 3rd Circuit clarified the standard for pleading a trade secret misappropriation claim under the federa...
U.S. Supreme Court, Criminal, Constitutional Law
Defendants’ right to confrontation appears to be inviolable
By Lara Yeretsian
On October 5, the U.S. Supreme Court heard oral arguments in a New York case that implicates the right of a criminal defendant...
Alternative Dispute Resolution
A mediator’s perspective on the upside of the Great Pandemic
By Jan Frankel Schau
After 17 months of full-time mediation remotely, I offer these lessons from the pandemic as they pertain to mediation.
The largest U.S. infrastructure-focused budget should include investment in dedicated inpatient facilities for mentally ill an...
Insurance, Data Privacy, Civil Litigation
Ruling is instructive of biometric-related claims and insurance
By Peter S. Selvin
As claims arising from the collection and disclosure of biometric information proliferate, businesses faced with lawsuits will...
Law Practice, Civil Litigation
Work unseen: Successfully effectuating a damages class settlement
By Amanda Karl
We all pay taxes, and we all talk about them, especially how we wish they were lower. A surprising number of people also expre...
Criminal, Corporate, Administrative/Regulatory
Renewed fight against corporate crime
By Ariel A. Neuman, Alexander H. Tran
The U.S. Department of Justice last month announced a refocused and reinvigorated enforcement effort to address corporate crim...
Land Use, Government
SB 10 lawsuit misunderstands state-local relationship
By Chris Elmendorf, Darien Shanske
Fact: If you’re going to trial in January 2022, you may have a juror born in the year 2004 on your jury, so you need to unders...
U.S. Supreme Court, Environmental & Energy, Constitutional Law
Climate change case could lead to resurrection of ‘nondelegation’
By Niran S. Somasundaram
In an unexpected move that has proponents of President Joe Biden’s climate change agenda wary, the U.S. Supreme Court announce...
Los Angeles District Attorney George Gascón’s policies have resulted in dangerous individuals being released from custody and ...
Law Practice, Judges and Judiciary, Civil Litigation
Tips and best practices in Los Angeles’ Complex Courts
By Jeffrey A. Koncius
Avoiding the common pitfalls set below will help the court and its staff address as many litigants as possible.
Technology, Law Practice
Crafting AI to detect odiferous law smells when aiming to improve legisprudence
By Lance Eliot
We often refer to abstract topics by referring to our sensory capacities, such as claiming that something stinks or smells, ev...
Construction, Civil Litigation
Beware: Higher-tiered parties can be liable for interfering with lower-tiered parties’ contracts
By Garret D. Murai
Beware: Higher-tiered parties on a construction project can be liable for interference with contract even if they have a socia...
U.S. Supreme Court, Environmental & Energy, Civil Litigation
Climate changes heads back to the high court
By Richard M. Frank
Recently the U.S. Supreme Court granted review in its first environmental cases of the court’s current term; they focus on the...
Securities, Corporate
ESG and SEC: The path forward for ESG manager rulemaking
By W. Hardy Callcott, Ranah L. Esmaili
Investor demand for environmental, social and governance, commonly referred to as “ESG,” investment opportunities has surged w...
To paraphrase “Hamlet,” “Separated, or not separated — that is the question” The date of separation is legally the date of the...
Criminal
AB 1793 and cannabis conviction relief via automatic record clearance
By Alia Toran-Burrell
The bill embodies a new, more just approach in which government initiates and completes the process for reducing, dismissing, ...
Criminal
9th Circuit creates private search exception circuit split
By Dmitry Gorin, Alan Eisner
The 9th Circuit recently created a circuit split regarding the private search exception to the Fourth Amendment and government...
Intellectual Property
Biden administration emphasizes 'quality; in patent proposals
By Sarah Geers, Matt Johnson
This past summer, President Joe Biden issued an Executive Order on Promoting Competition in the American Economy. This executi...
U.S. Supreme Court, Data Privacy, Civil Litigation
TransUnion changes the game in data breach and privacy class actions
By Ronald I. Raether, Tambry L. Bradford-Morales
This summer, the U.S. Supreme Court ruled that plaintiffs must suffer concrete harm to have standing to recover for a statutor...
Torts/Personal Injury, Civil Litigation
Key steps in trucking litigation
By Katherine Harvey-Lee
Commercial trucking litigation is complex. The complexities of the collision, the extent of the injury, the intricacies of the...