In 2021 the Supreme Court did not issue any estates-related opinions — LPS conservatorship opinions aside — and the appellate ...
Judges and Judiciary
Chief justice lags behind peers on conservatorship reform
By Thomas F. Coleman
Despite having knowledge of major deficiencies with every part of the probate conservatorship system, Chief Justice Tani Canti...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Paraprofessionals are not the way to increase access to justice
By Ian R. Friedman
The State Bar's justifications for the program ultimately fall flat.
It can sometimes seem like celebrities have it made, getting loads of free goodies and preferential treatment. Yet taxes are t...
Criminal
DA chooses not to retry murder case for ‘policy considerations’?
By Kathleen Cady
In 1997 defendant Kenji Howard was convicted of murder of Arkett Mejia, attempted murder of Travon Johnson and two others, and...
Law Practice, Judges and Judiciary, Civil Litigation
Settling can be good
By Sonya D. Goodwin
Enter Resolve Law LA, a little-known program offering another approach. Using judge-ordered mandatory settlement conferences, ...
Mergers & Acquisitions, Corporate
Zoom-Five9 failure doesn’t spell end of China-US investment
By Tai-Heng Cheng, Li Lei
A selective reading of the facts about the failed Zoom acquisition of Five9 lends itself to a tempting clickbait headline that...
U.S. Supreme Court, Constitutional Law
SB 8 ruling: A truly terrible and dangerous decision
By Erwin Chemerinsky
The U.S. Supreme Court, in its decision in Whole Woman’s Health v. Jackson on Friday, has created a roadmap for how state gove...
Labor/Employment
Changes to ‘80/20’ tip rule ahead; different but still the same
By Krista Mitzel, Sara Shok
As many employers know, the “80/20 tip credit rule” has long been at thorn in the side of employers in the hospitality and res...
U.S. Supreme Court, Constitutional Law
‘A chill wind blows’: Flaws in high court’s SB 8 opinion
By Rory K. Little
So much is wrong with the U.S. Supreme Court’s Friday morning decision in the Texas abortion statute decision that it can’t al...
Appellate Practice
5 tips on appellate brief writing: perspectives from the bench & bar
By M.C. Sungaila, David A. Thompson
Brief writing and oral argument form the core of appellate advocacy.
U.S. Supreme Court, Constitutional Law
Dobbs could put US out of step with the global community
By Kathleen R. Hartnett, Julie M. Veroff
However the Supreme Court ultimately justifies its decision in Dobbs, one thing is clear and unrefuted: upending decades of ri...
Family, Appellate Practice
Understanding the difference between family law and civil appeals
By Victoria E. Fuller
Appellate lawyers who do not routinely handle family law appeals may puzzle over unfamiliar statutes and rules applicable in m...
Labor/Employment
PAGA pains soon might not just be for California employers
By Jamie Gross, Poline Pourmorady
California’s Private Attorneys General Act — sometimes called “the Bounty Hunter” statute — allows employees to sue their own ...
Environmental & Energy, Administrative/Regulatory
New laws in California and beyond on PFAS and consumer products
By Willis M. Wagner, Andrew Rambo
The California Legislature has recently enacted a sweeping new set of laws that prohibit food packaging, cookware and children...
Entertainment & Sports, Antitrust & Trade Reg.
National Football League tackles antitrust claims
By Rachel Brass, Julian Kleinbrodt
In a ruling that should extend well beyond the gridiron, the federal appellate court delivers a timely reminder that antitrust...
U.S. Supreme Court, Constitutional Law
Abortion arguments: the justices’ most telling questions
By Anjali Srinivasan
The U.S. Supreme Court heard oral arguments last week in Dobbs v. Jackson Women's Health Organization, a case that could deter...
U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals
The 9th Circuit’s reactionary Second Amendment
By Donald E.J. Kilmer Jr.
Where the Legislature is silent about retroactivity, courts presume that the new statute will apply to all defendants whose ca...
Technology, Civil Litigation
5 commandments for selecting a digital forensic expert
By Daniel B. Garrie, Gail A. Andler
Government, Data Privacy, Corporate
Time to revive, reinvigorate document-retention policies in light of CPRA
By Elizabeth Balfour
With the arrival of the California Privacy Rights Act, a document-retention policy is now critical to privacy compliance.
State Bar & Bar Associations, Law Practice
State Bar’s paraprofessional program lacks statistical support
By Laura C. McHugh, John Cotter
Much has been about the State Bar of California’s proposed paraprofessional program which would allow nonlawyers to practice l...
Labor/Employment, Alternative Dispute Resolution
The rise and fall (out) of mandatory pre-dispute employment arbitration
By Christopher David Ruiz Cameron
The most far-reaching work law development of the past three decades has been the rise of mandatory pre-dispute arbitration. O...
U.S. Supreme Court, Constitutional Law
Dobbs may rob SCOTUS of credibility
By David Boyle
Roe, Casey, Dobbs: The last of those epic U.S. Supreme Court cases, which the Court heard on December 1, is the (biggest) bloc...
Constitutional Law, 9th U.S. Circuit Court of Appeals
9th Circuit again defies the Supreme Court in Duncan
By Joseph Greenlee
District Judge Roger T. Benitez applied the Supreme Court’s Heller test, holding that California’s ban was unconstitutional (a...
U.S. Supreme Court, Constitutional Law
Supreme Court will formally overturn Roe, which is just the beginning
By Jonathan Miller
On December 1, the Supreme Court’s engagement on the topic of abortion was much more public and formal. A nearly two-hour-long...
U.S. Supreme Court, Constitutional Law
The unworkability of viability
By Catherine Short
To argue that prohibiting states from restricting pre-viability abortions allows the Supreme Court to avoid the philosophical ...
U.S. Supreme Court, Constitutional Law
An unconstitutional condition on religious exercise
By Mitchell Keiter
The U.S. Supreme Court will hear oral argument Wednesday in a case that could profoundly change American education.
Law Practice, Ethics/Professional Responsibility
Avoid Santa’s ‘Naughty’ list this year
By Shari L. Klevens, Alanna G. Clair
Lawyers hoping to find goodies in their stocking should take stock of whether they have been “nice” lawyers in 2021. When Sant...
Books, Appellate Practice
An essential guide to appellate practice in California
By Robert De Vries
Myron Moskovitz knows a thing or two about appellate persuasion, and you can too with his new book, "Strategies on Appeal.