Insurance, Civil Litigation, California Supreme Court
High court clarifies life insurance grace period law
By Robert J. McKennon, Larry J. Caldwell
Most insureds pay regular monthly life insurance premiums for years without a problem. Occasionally, a policyholder may miss a...
Law Practice, Judges and Judiciary, Appellate Practice
More on trial court briefs
By Myron Moskovitz
A couple of columns back, I reported comments from several superior court judges about what they do not like to see in trial c...
Construction, Civil Litigation, California Supreme Court
No new exception to the Privette doctrine
By Alan H. Packer, Jack M. Rubin
Last month the California Supreme Court ruled on who should bear the risk of the injury — the owner of the property, or the in...
Securities, Books
Book Review: Marc I. Steinberg, ‘Rethinking Securities Law’
By Dennis A. Stubblefield
Steinberg, the nation’s preeminent authority on securities regulation, has recently added to his already voluminous scholarshi...
U.S. Supreme Court, Health Care & Hospital Law, Constitutional Law
The soft death knell of Roe
By Maggie E. Schroedter, Rebecca F. Zipp
Today, perhaps more than any other day, we mourn the passing of Justice Ruth Bader Ginsburg.
Law Practice, Appellate Practice
Titanic, Hindenburg, DIY appeals
By Benjamin G. Shatz
Americans are hearty souls. In our litigious land of the free and home of the brave, our laws allow — and our grandiose notion...
Government, Ethics/Professional Responsibility
Professional responsibility: Using courts for purposes never intended
By A. Marco Turk
Last month, an amazing decision by U.S. District Court Judge Linda V. Parker found nine lawyers from different jurisdictions s...
Labor/Employment, Health Care & Hospital Law, Government
New COVID rules for state employees, health care workers
By Julia Y. Trankiem, Blake E. Guerrero
Governor Gavin Newsom and the California Department of Public Health have issued new public health requirements in response to...
Health Care & Hospital Law, Government
California Legislature contemplates COVID-19 vaccine mandate
By Benjamin M. Ebbink
The end of the legislative session in California is always a time of high drama as last-minute deals come together and many un...
In the to and fro of modern litigation, at the speed at which we practice these days, I occasionally get myself stuck in that ...
Torts/Personal Injury, Real Estate/Development, Construction, Civil Litigation
Champlain Towers catastrophe: Who pays the victims?
By Tyler Berding
There’s a legal maxim that says, “for every wrong there is a remedy.” The catastrophic collapse of the Champlain Towers condom...
If you did not know about conservatorships before, no doubt you are acquainted with them now given the public light cast on Br...
U.S. Supreme Court, Constitutional Law
The new threat to reproductive choice
By Stanley Haren
The U.S. Supreme Court recently decided to hear and decide Dobbs vs. Jackson Women’s Health Organization (19-1392) in its next...
Technology, Law Practice
Experimental jurisprudence to be enriched via AI
By Lance Eliot
Relatively few day-to-day lawyers have heard about experimental jurisprudence. The wording alone is apt to imply something oth...
Government, Constitutional Law, Civil Rights
The California travails of former slave Archy Lee
By John S. Caragozian
As California applied for statehood in 1850, the slavery debate was consuming the nation. California intensified the debate, b...
Labor/Employment, Civil Litigation
Gig companies got too greedy with Prop 22
By John D. Winer, Michael S. Reeder
Proposition 22 “appears only to protect the economic interests of the network companies in having a divided, ununionized workf...
Technology, Data Privacy
How much is too much to protect your children against sexual predators?
By Svetlana McManus, Kamran Salour
When Apple announced last month that the upcoming release of iOS 15 would include two new safety features — Communication Safe...
Labor/Employment
How helpful is federal guidance for COVID long haulers?
By Frank N. Darras
Weeks and months after getting a COVID-19 infection, many survivors continue to experience disabling symptoms that limit or pr...
Health Care & Hospital Law
Body brokers unlawfully profit off of vulnerable members of society
By Doug Rochen
Government, Constitutional Law
The unconstitutional logic of California’s recall election
By Neil Auwarter
Governor Gavin Newsom faces the prospect of being recalled and replaced in an election in which he is the clear mathematical w...
Torts/Personal Injury
Sidewalk homeless encampments: hidden trap or obvious condition?
By Michael E. Rubinstein
A good Samaritan is distributing food and water at a homeless camp. She steps in the street to walk around a tent and is hit b...
Tax, Law Practice
Tax on law firm loans? The strange case of David Novoselsky
By Robert W. Wood
When you receive a loan, is the money taxable? Of course not, because you must pay back the money. Can lawyers borrow, too, ju...
Labor/Employment, Civil Litigation
Prop 22 ruling adds uncertainty to sizeable industry
By Jason D. Russell, Karen L. Corman
In a surprise decision with potentially far-reaching consequences for ride sharing companies and other companies that utilize ...
California Supreme Court
To stay or not to stay? Determining whether an injunction is stayed pending appeal
By Johanna Schiavoni
When litigating an appeal from an injunction, here are some key questions to consider at the outset: Is the order imposing the...
Constitutional Law
California law protects speech on Facebook and other platforms
By Richard A. Schulman
Facebook and other tech giants believe they can choose which speech to allow and which to ban because they are private compani...
I truly appreciate and definitely benefited from the Women’s Liberation Movement. Nonetheless, despite my very strong belief i...
On July 8, I found myself returning for my first in-person court appearance.
Legal Education
Law students return amid good news and challenges
By Robert A. Schapiro
As law students return to class this fall, they arrive amid several positive signs for legal education. Most obviously, stude...
Gascón’s juvenile justice policy ignored individualized facts, like the sophistication or heinousness of the crime.
Law Practice
A pilot program in SF can help pave way to more diverse juries
By Mano Raju
"Be the Jury" pilot program can help diversify juries.