Judges and Judiciary, Family
Private judge in Jolie/Pitt case: no more flawed than usual
By Timothy D. Reuben, Stephanie I. Blum
In Jolie v. Superior Court, Angelina Jolie obtained a writ of mandate from the 2nd District Court of Appeal, Division 7 orderi...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Lawyers across the US are playing in the sandbox
By David M. Majchrzak, Heather L. Rosing
No, as enjoyable an image as it may conjure up, chances are that you probably won’t be seeing a large number of your bar colle...
Titles can be misleading... even my own
Entertainment & Sports, Contracts, California Courts of Appeal
An important contract lesson from ruling in ‘The Jungle Book’ case
By Jamil M. Aslam
On July 21, a California appellate court issued a significant decision involving royalty agreements
Law Practice, Appellate Practice
On trial court briefs: the judges speak
By Myron Moskovitz
Trial judges from across the state weigh in on proper brief writing — including their thoughts on attacks on opposing counsel.
Health Care & Hospital Law
MICRA magnifies problems with the California Medical Board
By Benjamin T. Ikuta
Ironically, while MICRA has threatened the lives and wellbeing of patients, it has not even helped doctors. Despite MICRA, th...
Law Practice, Alternative Dispute Resolution
Arbitrator disclosure rules meet legal creativity
By Fred Bennett
It not surprising that, for better or worse, the creative juices of lawyers considering arbitrator bias claims continue to flow.
In a recent case, the court denied the estate’s motion to discuss, finding that even non-willful penalties survived the taxpay...
Labor/Employment
Risk management strategies for the increasingly common ‘hybrid employee’
By Corinne Spencer, Antwoin Wall
For many employers, if not all, the COVID-19 pandemic has changed the landscape of the workplace. Particularly, the hybrid bus...
Law Practice
Q&A with journalist, former 9th Circuit clerk Dahlia Lithwick
By William Domnarski
Trained as a lawyer, with a year clerking on the 9th Circuit, Dahlia Lithwick writes for Slate, the influential online news ma...
Civil Litigation, California Supreme Court
State Supreme Court belatedly recognizes that 19th century statute of limitations decision lacks precedential value
By Scott P. Dixler, Sarah E. Hamill
In a recent ruling, the California Supreme Court analyzed how stare decisis applies to a 19th century decision with questionab...
Civil Litigation, Alternative Dispute Resolution
May arbitration awards violate public policy?
By Gary A. Watt, Josephine Petrick
Anyone who's been around the Federal Arbitration Act block knows that the grounds for relief are exceedingly limited. But if a...
Technology, Law Practice
Neuro-symbolic hybrid AI aims to boost the law profession
By Lance Eliot
The use of computational pattern matching known as machine learning has taken the marketplace by storm in all realms, includin...
Military Law, Law Practice, Ethics/Professional Responsibility
Inexcusable food insecurity among military families
By David A. Lash
Did you know that on or near every military base in the United States is a food pantry? Did you know that more than one-third ...
Law Practice, Ethics/Professional Responsibility
Alzheimer’s: Will you know what to do?
By Robert M. Heller
Part 3: Duties owed by associates of afflicted lawyers
Tax
Are Plan B Passports a real donation or a purchase of citizenship?
By Robert W. Wood
Way back in 2014, IRS ruled that cryptocurrency is property in Notice 2014-21. That classification as property has some big ta...
San Francisco teems with icons: Alcatraz, cable cars, the Transamerica Pyramid. The greatest is the Golden Gate Bridge, an eng...
A growing list of states are offering pass-through business owners a workaround for the $10,000 federal deduction limit on sta...
Education Law
New California laws will provide support and flexibility to students
By Sarah C. Young, Paul Z. McGlocklin
Assembly Bill 104, signed and filed on July 1 as an “urgency statute,” added three new sections to the California Education Co...
Law Practice, Family
Private judges must disclose relationships with counsel
By Franklin R. Garfield
In Jolie v. Superior Court, the 2nd District Court of Appeal mandated strict and literal compliance with the disclosure obliga...
Torts/Personal Injury, Civil Litigation
Tesla’s autopilot feature faces legal scrutiny after teen’s death
By Ryan P. McCarl, John M. Rushing
While technology gurus have praised Tesla’s autopilot feature, the feature has put Tesla in uncharted legal territory. A recen...
U.S. Supreme Court, California Supreme Court
Privacy decisions illustrate divergent approaches to statutory interpretation
By Edward D. Totino, Ben Turner
Earlier this year, two opinions interpreting privacy rights statutes issued within hours of each other, one from the U.S. Supr...
Securities, Corporate
At-the-market offering program: a strategic financing tool
By Sara L. Terheggen
Undertaking a traditional underwritten registered offering can expose a company to the risk of a “closed” window. A closed win...
Labor/Employment, California Supreme Court
Killing employee jobs, one break premium at a time
By Laura Reathaford
The California Supreme Court held that employers must include non-discretionary payments such as commissions, bonuses, piece r...
‘The award for most memorable drug approval goes to…’
By James R. Ravitz, Georgia C. Ravitz
It’s TV awards season, and an Emmy-worthy drama is unfolding around an unlikely subject: the U.S. Food and Drug Administration...
Law Practice
Some lawyering ‘rules’ were meant to be broken, part 2
By Arash Homampour
Law is a rules-based profession for a reason. Attorneys are trained to understand and interpret basic to complex rules that in...
Law Practice, Government, Civil Rights
Does LA’s homelessness crisis justify federal court intervention in local affairs?
By Ernest Galvan
The harms to the unhoused and to all of us have become too severe to be excused by doctrines of federal deference.
Criminal
Ruling: Criminal defense attorneys must provide detailed, up-to-date immigration advice to clients
By Dmitry Gorin, Alan Eisner
A recent appellate ruling may come as a surprise to the defense bar, which might have assumed that general, even categorical, ...
Law Practice, Judges and Judiciary, 9th U.S. Circuit Court of Appeals
Q&A with 9th Circuit Judge Milan D. Smith, Jr.
By William Domnarski
As much as any federal judge in the country, Milan D. Smith, Jr. of the 9th Circuit represents the ideal in public service, go...
Alternative Dispute Resolution
The irrelevance of the relevance objection in arbitration
By Christopher David Ruiz Cameron
I’m often asked: When examining witnesses, my opponents like to ask questions that have nothing to do with the case. Why don’t...